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LUA96-122 (2)
BEGINNING OF FILE FILE TITLE f _ . A �� CA /V% �, /1 KS' ti BE0"-LcootorL NUTNIfI0'_ - .1141117 i , ,. ... .... . .... ......„ . ..._ . , . 1 ,11,„. ,I ._ illItic,- ilk. • ,- \ AKIHe 1S i I V• --1,---- 11P . ; . . 1 ' • V , I • \ f . . . • . , 441 le -. • 4Ir 4 - ' • ----t, ... .... \.11 1 ''• _ ... ..-- A lR 41 WHEN RECORDED, RETURN TO: , OFFICE OF THE CITY CLERK Project File # 4lAq(p -/ZZ-GM' RENTON MUNICIPAL BUILDING Parcel Tax Account #'s 712500- O`//5- 200 MILL AVENUE SOUTH Grantor(s) Name 'ft RENTON, WA 98055 RTSQR5 f1 NW`l4 =' 'Pa A/. /s r- ST: DECLARATION OF RESTRICTIVE COVENANTS c WHEREAS, SIMON YOUNG and HANNA YOUNG, Trustees UTD March 16, { 1989 ( "Owners" ) , are the Owners of the following real property (the "Property" ) in the City of Renton, County of King, State of s Washington, described as follows : U' LOT 1 , BLOCK 24, RENTON FARM PLAT NO. 3, ACCORDING TO THE 4' PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 70, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. o WHEREAS, the Owners of said described property desire to impose the following restrictive covenants running with the Property as to use, present and future, of the Property. NOW, THEREFORE, the aforesaid Owners hereby establish, grant and impose restrictions and covenants running with the Property m with respect to the use by the undersigned, their successors, heirs Nand assigns as follows : 1 . The Conditional Approval Permit to be issued by the City 0) of Renton on or about this date ( "Conditional Approval Permit" ) shall be in effect for a period of time not exceeding Ten ( 10) years . If a catastrophic loss of the original structure located upon the Property occurs during the period within which the Conditional Approval Permit is in effect, and the Property is not redeveloped and the structure rebuilt within Two ( 2) years from the date such catastrophic loss occurs, then the non-conforming use as permitted by the Conditional Approval Permit shall not be re- established. 2 . New tenants of the above described Property shall be informed in writing about the non-conforming status of the existing use and structure located upon the Property, and the fact that the Conditional Approval Permit for the non-conforming use is initially granted for a period not exceeding Ten ( 10) years, although subsequent permits might be issued if conditions at the time still CD warrant extension or renewal. ; c-) CJ DECLARATION OF RESTRICTIVE COVENANTS FILE #-1500 -j t;J -1- 1YOUNG\DECLAR.COV (r) 0 ORIGINAL 3. If the original structure located upon the Property is damaged for any reason other than an intentional act by the Owners, then the non-conforming structure located upon the Property may be replaced with a new non-conforming structure; provided that such new non-conforming structure shall not exceed the prior existing • non-conforming structure in size. If the structure currently located upon the Property was intentionally damaged by the Owners, then the Owners of such Property may only construct a new structure . , upon the Property if such Owners do so i n..a manner consistent with all codes and regulations then in existence. 4. An application for site plan review shall be made with the City of Renton if a catastrophic loss or if an accumulative loss greater than Fifty Percent (50%) of the assessed value of the structure occurs within the Ten (10) year period of the Conditional Approval Permit. The replacement structure shall be reviewed by the City of Renton to insure that it is architecturally in character with the surrounding area, and to determine that such structure complies with all relevant building codes and existing zoning codes then in place, to the extent possible. 5 . The above described conditions and agreements shall be deemed covenants running with the above described Property. This Declaration of Restrictive Covenants shall automatically expire upon the termination of the Conditional Approval Permit described herein. If at any time the Property is made conforming as to use and/or the structure during the term of the above described Conditional Approval Permit, the portion of these covenants pertaining to the non-conforming use, building, or both, shall Q% terminate without necessity of any further documentation. T 6. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of ri ri King County by either the City of Renton, or any adjoining property Owner whose propert is adversely affected by said breach. DATED this 4 day of 11(1;44'7414(47, 1996 . 0/- �� 07777/ 42 1-/./71-e SIMON YOUNG, Trustee oxim� 1, f2e��S n, HANNA Y UNG, Trustee DECLARATION OF RESTRICTIVE COVENANTS FILE # 1500 -2- .\YOUNG\DECLAR.COV STATE OF WASHINGTON ) ss. . COUNTY OF KING ) I certify that I know or have satisfactory evidence that SIMON YOUNG and HANNA YOUNG are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they .were authorized to execute the instrument and acr.^.o:;ledged ;t as Trustees of Trust UTD March 16, 1989, to be the . : free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated9 rra)L.L I , 1996. - CARYLONERASER Commission 01057366 z SEAL/STAMP •„ • z �.r � Notary Public-Califomla ' ' ORANGE COUNN :;. 1: my Comm Fxrtnx ins,1000 • [Print Name:1 n•• 7,. ,.. NOTARY PUBLIC - the State of Washington Resid' •• . y Appointment Expires: Ii. (i CJ ei 0) • DECLARATION OF RESTRICTIVE COVENANTS FILE II 1500 -3- .\YOUNG\DECLAR.COV !!qJ JNr/rvrrr9fl..0/ ;�,'Y//„4 rrR'WH//I�r i /{S ///./JNrr/,.:HfJ�Y {rj/:1510r/1i%////r fi r // /f1 // f /1.JH r.//.. //N/.H /.4Y �r�( .x..;».r.Y,r/':'.r�/..3<:.'.rl�fr"r//'f''�%;:.:;//.,.:.;.,r?/J:rr.;::.//rJ�J' ////r r!:.::� r.:•r....J!F.•'..::/�`�r�rr;!�/': 1 ,,��,�,�.?'�??/�•'':.::r/r�/."+rr�,�1�.::!:/. f�/ ://�:lc?/y, .•:;'i;:::•:•:rr..»:».. •rr.ri�r:rr�r/::rr.r/i.� ..rkr/r�»r:.:rrr:rr./dS;r.:.::::Gi:•r:•!./.� /.•::...:.»....r:rrr.»:.:•r.o:�r.,..:r// `'`»`1� +nwrrrr:»»:r{.•r/r�rr/r.:fr{G'J/.•:.su��S:��li lw�r:'•5:.��rrfi::f '} �` CERTIFICATE OF L u o CONDITIONAL APPROVAL P o FOR A NONCONFORMING USE AND STRUCTURE 1 City of Renton File Number: LUA96-122,CAP 0 0. Location: 920 North 1st Street Business Name (If applicable): Traditional Family Health Care 1 o King County Assessor's Property Identification Number: 722500-0415 • O. Background: The subject site is now zoned Residential 10 Units Per Acre (R- o 10). Formerly, the site was zoned P-1, Public Use Zone. 0 Description of non-conforming use and/or structure granted Conditional Approval: The building is a one story "L"-shaped wood frame structure which 0 o o houses a professional office use. The two wings that comprise the two sides of . 0 the "L" are approximately 30 feet by 100 feet each in size. The front of the 0 building facing onto North 1st Street is approximately 10 feet from the street 0 0o property line and is landscaped with lawn and evergreen shrubs. Taller o evergreen shrubs are located along the side and rear facades. f l Date of Conditional Approval: April 1, 1996 Period of Validity/Date of Expiration: This permit is valid from 14 days after • the date of approval listed above until April 1, 2006. During this period, the 0 o property owner must comply with all of the conditions listed on the attached 0 "Declaration of Restrictive Covenants" recorded with King County under 0 #9610231494 in order for this approval to remain valid. This permit will expire ii on April 1, 2006 unless the original approval body grants an extension. f Conditions of Approval: See attached "Declaration of Restrictive Covenants" PP h . 2' dated 9/16/96. • '0: / f o Transferability: This permit is transferable to, and binding upon, future f purchasers, heirs and assigns and runs with the land. o t Benefits of this Permit: This permit entitles`\ he: nonconforming structure.and 0 o use to be remodeled, reestablished, or rebuilt egn though the cost to remodel or • reestablish the use or structure would exceed 50% of the most recently assessed or appraised value. 0. 0 0 o C ///` 19-19Z 0 o o f proved by the City of Renton Date €. evelopment Services Division Director f: yf� ii :fY••:?r%ff{{.?:/lfi:�i:�ii'rii, r %r.�i.<i:• f•{: : •rttii•.{ {•:rr}??.; �r J/ r r �// .?¢• » r r ?»fJN»r r r:/>r?» {.•r?r..%H • .r/r?f va4 ......fr.:J� •itr< :Fi+rf;r??{/i%///rii'/r.;�o:?ii iiimf .•rrl/. // da i:: r/ / r $..v.// ../ ?• % ,57; ?�: �r•f f • f ./. / : i� :...::!... :!f! ., ?fi.r..;? r.f/} /,•:?%>fS.. ;?fir .fir..// /.f .// .rF//r f :xa>:>%icsrrxr:rr•:•,::::••.•r:.rfr.•rr::» .rr:•:::::su?•::H/.�:•:n:::r:J:rrrrr::rr:?•:::•r.:n: {}�::»:Arr.�::: ::»r�::r,» :::.•r..rrr.••r/rrr:•r:r�rn�rrn:t.» :v.';:r://i�rJ.••...»;�i?r//rrr��/:/xr/irY�au:�•�.: U WHEN RECORDED, RETURN TO: OFFICE OF THE CITY CLERK Project File # /-(if1 j -/ZZ-CAP RENTON MUNICIPAL BUILDING Parcel Tax Account #'s 200 MILL AVENUE SOUTH Grantor(s) Name Yoring RENTON, WA 98055 RTSQR5E -723N- 5 f'7 14 V4 DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, SIMON YOUNG and HANNA YOUNG, Trustees UTD March 16, 1989 ( "Owners" ) , are the Owners of the following real property (the "Property" ) in the City of Renton, County of King, State of 77 Washington, described as follows: LOT 1 , BLOCK 24, RENTON FARM PLAT NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 70, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. WHEREAS, the Owners of said described property desire to impose the following restrictive covenants running with the Property as to use, present and future, of the Property . C' NOW, THEREFORE, the aforesaid Owners hereby establish, grant ,.4 and impose restrictions and covenants running with the Property with respect to the use by the undersigned, their successors, heirs CV and assigns as follows : rl 1 . The Conditional Approval Permit to be issued by the City 0) of Renton on or about this date ( "Conditional Approval Permit" ) shall be in effect for a period of time not exceeding Ten ( 10) years. If a catastrophic loss of the original structure located upon the Property occurs during the period within which the Conditional Approval Permit is in effect, and the Property is not redeveloped and the structure rebuilt within Two (2) years from the date such catastrophic loss occurs, then the non-conforming use as permitted by the Conditional Approval Permit shall not be re- established. 2. New tenants of the above described Property shall be informed in writing about the non-conforming status of the existing use and structure located upon the Property, and the fact that the Conditional Approval Permit for the non-conforming use is initially granted for a period not exceeding Ten ( 10) years, although subsequent permits might be issued if conditions at the time still warrant extension or renewal . i I ; DECLARATION OF RESTRICTIVE COVENANTS FILE # 1500 -' -1- JYOUNMDECL412.COV c_) ORIGINAL 3 . If the original structure located upon the Property is damaged for any reason other than an intentional act by the Owners, then the non-conforming structure located upon the Property may be replaced with a new non-conforming structure; provided that such new non-conforming structure shall not exceed the prior existing non-conforming structure in size. If the structure currently located upon the Property was intentionally damaged by the Owners, then the Owners of such Property may only construct a new structure upon the Property if such Owners do .so n .a manner consistent with Property all codes and regulations then in existence. 4. An application for site plan review shall be made with the City of Renton if a catastrophic loss or if an accumulative loss greater than Fifty Percent (50%) of the assessed value of the structure occurs within the Ten ( 10) year period of the Conditional Approval Permit. The replacement structure shall be reviewed by the City of Renton to insure that it is architecturally in character with the surrounding area, and to determine that such structure complies with all relevant building codes and existing zoning codes then in place, to the extent possible. 5 . The above described conditions and agreements shall be deemed covenants running with the above described Property. This Declaration of Restrictive Covenants shall automatically expire upon the termination of the Conditional Approval Permit described herein. If at any time the Property is made conforming as to use and/or the structure during the term of the above described Conditional Approval Permit, the portion of these covenants pertaining to the non-conforming use, building, or both, shall terminate without necessity of any further documentation. ,4 6 . Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of ri King County by either the City of Renton, or any adjoining property c,p Owner whose propert is adversely affected by said breach. DATED this / O day of J)e//A✓ "e , 1996 . t 0//c7-;-if SIMON YOUNG, Trustee • • c4Ovill(0- 72e6-/-6C HANNA Y UNG, Trustee DECLARATION OF RESTRICTIVE COVENANTS FILE # 1500 -2- .\YOUNG\DECLAR.COV STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that SIMON YOUNG and HANNA YOUNG. are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and • acknowledged it as Trustees of. Trust UTD March 16, 1989, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated rs,6E4 1 e , 1996. r - CARYLONERASER SEAL/STAMPrik—"-abma-41'142111.."1,400h sr: Commission#1Q7366 z Notary Publ(c—Callfomia • :` ORANGE COUNN [Print Name:l .���: NOTARY PUBLIC the State of Washington Resid' •. . •y Appointment Expires: ri :'7 DECLARATION OF RESTRICTIVE COVENANTS FILE II 1500 —3— .\YOUNMECLAR.COV ) CITY OF RENTON CITY CLERK'S OFFICE MEMORANDUM DATE: 5-Nov-96 op TO: Laureen Nicolay `-• `� 7,9 00 FROM: Lisa Stephens, ext. 2501c, B 4 SUBJECT: Recorded Document Declaration of Restrictive Covenants, #9610231494 CAP-96-122 The attached document has been recorded with King County, and is being returned to you. As requested, copies have been sent to Dr. Young and Mr. Straight. Please put this copy in the file. Thank you. Enclosures: (1) • / l _ • CITY OF RENTON MEMORANDUM DATE: October 17, 1996 TO: City Clerk's Office FROM:;. aureen Nicolay, Development Services Division, Extension #5594 SUBJFrpT: Young Conditional Approval Permit Restrictive Covenants 920 North 1st Street, File #LUA96-122-CAP Attached please find the above-referenced "Declaration of Restrictive Covenants" for recording with King County. Please send these via US Mail. The King County recording fees for this recording should be charged to account #000/07.532.22.49.14. Please call me at X-5594 if you have any questions. When we receive the recorded documents back, please place a copy in the above- referenced file. Please also send a copy to: Matthew B. Straight Oseran, Hahn, Van Valin & Watts, P.S. 850 skyline Tower 10900 NE 4th Street Bellevue, WA 98004 Dr. Ze'ev Young 920 N 1st Street Renton, WA 98055 Thank you. . ' " r '-s CITA_ JF RENTON, , r ' -Office'of the City Attorney • Jesse Tanner,Mayor1. LawrenN.ce-;T.Warren ' ' ' , MEMORANDUM °CT 16 1996 ' To: Laureen Nicolay,Associate Planner From: ' Lawrence J..Warren,:City Attorney - �u�� �?� °-11IfLISICJ y r Date: • • October 16, 1996 - . ' ' - Subject ' Draft Restrictive Covenants for .Conditional Approval Permits, for a . . r , Nonconforming Use-Youn•g-Office Building, 920 North'"1st Street. I have reviewed the above-referenced document:and the same is approved as to legal form. ; ' " Lawrence J Warren - LJW:as.' cc: Jay Covington . , , • A8:127.35.. r - - • Post Office Box 626 100 S: 2nd Street-;Renton, Washington 98057 - (206)255-8678' ; ., This paper contains 50%recycled material,20%post consumer • CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: October 14, 1996 TO: Larry Warren, City Attorney FROM: Laureen Nicolay, Associate Planner SUBJECT: Draft Restrictive Covenants for Conditional Approval Permits for a Nonconforming Use--Young Office Building, 920 North 1st Street Attached is draft restrictive covenant. Will this be adequate in conjunction with the Young's Certificate of Conditional Approval for a Nonconforming Use. I have attached the conditions of approval. Please review the format and let me know what you think. Thank you. OSERAN, HAHN, VAN VALIN & WATTS, P.S. ATTORNEYS AT LAW James H. Clark 850 Skyline Tower PLANNING DIVISION M.Edward Spring Gerald M.Hahn 10900 N.E. Fourth Street (;ITV r1C DCMMTC)NI Matthew B. Straight Robert C. Kelly Bellevue,Washington 98004 David M. Tall Ralph Maimon Telephone(206)455-3900 OCT 0 91996 Victor Van Va/in Melville Oseran Facsimile(206)462-7114 Charles E. Watts ECEWED October 8, 1996 File # 96-378(1 ) Mr. Don Erickson, AICP City of Renton 200 Mill Avenue South Renton, WA 98055 Re: Conditional Approval Permit Dear Mr. Erickson: Enclosed you will find the original Declaration of Restrictive Covenants signed by Simon and Hanna Young. It is our understanding you will have the document recorded. After recording, please forward a copy of the recorded document to this office for our file. Please advise me if you require anything else regarding this Declaration of Restrictive Covenants in order to obtain the Conditional Approval Permit. Very truly yours, Matthew B. tr i ht MBS:ryp Enclosure .\YOUNG\ERICKSON.1 _DF RENTON "LL Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator • • August 9, 1996 Dr.Ze've Young • 920 North 1st Street • _ • Renton,WA 98055 • SUBJECT: CONDITIONAL APPROVAL PERMITS FOR NON-CONFORMING STRUCTURE&USE In reviewing your file it appears that you were not notified in March of this year of City Council's action in approving'your Conditional Approval Permit requests. I believe your.application got - hung up in the transition from Planning and Technical Services, who were responsible for setting up the new Conditional Approval Permit Ordinance,to the Development,Services Section, who are responsible for administering permit applications including,conditional approval permits. We are now trying to rectify this situation and renotify those applicants who may not have received notice of Council action. At its meeting of February 19, 1996 the Renton City Council approved your two conditional approval permits as well as those for eight other applicants. In order to finalize your application so that a permit can be issued, you will need to file restrictive covenants which reflect the conditions contained in the attached report and are satisfactory to the City Attorney. These covenants should be submitted to Laureen Nicolay in the Development Services Section who will then circulate them to the City Attorney, for his review as to their form, as well as our Technical Services Section for their review of the legal descriptions of the subject properties. Once the Declaration of Restrictive Covenants are approved by the City, we will file them with the King County Elections & Records Division. Once recorded, we will be able to issue you your Conditional Approval Permit. _ If you have any questions about this process you should contact Laureen Nicolay at 277-5594, or, myself at 277-6181. . Don nckson, AICP • H:\W W60DO11L.ETTER.DOTBH 200 Mill Avenue South - Renton, Washington 98055 ®This paper contains 50%recycled material,25%post consumer WHEN RECORDED RETURN TO: Office of the City Clerk Renton Municipal Building DECLARATION OF Project File# 200 Mill Avenue South RESTRICTIVE COVENANTS Parcel Tax Account#'s Renton,WA 98055 Grantor(s)Name RTSQ WHEREAS, (Names of property owners) , 7 are the owners of the following real property in the City of Renton, County of King, State of Washington,DESCRIBED AS EXHIBIT "A" ATTACHED HERETO. WHEREAS, the owner(s) of said described property desire to impose the following restrictive covenants running with the land as to use, present and future, of the attached described real property. NOW, THEREFORE, the aforesaid owner(s) hereby establish, grant and impose restrictions and covenants running with the land hereto attached described with respect to the use by the undersigned,their successors,heirs,and assigns as follows: N O DURATION These covenants shall run with the land and expire at the termination of the Conditional Approval Permits referenced herein. If at any time said properties are made conforming as to use and/or structure during the stated life of these covenants, the portion of the covenants pertaining to the nonconfroming use, structure, or both, shall terminate without necessity of further documentation. s Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. STATE OF WASHINGTON ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Notary(Print) - My appointment expires: April 1, 1996 Renton City Council Minutes Page 124 Citizen Comment: Hlavka Correspondence was read from Rick Hlavka, 402 S. Tobin St., Renton, 98055, - Puget Sound Helicopters regarding the operations of Puget Sound Helicopters and asking that Council terminate the operating agreement for this business. Citizen Comment: Correspondence was read from Lisa Halstead, 420 S..115th St., Renton, 98057, Halstead - Puget Sound communicating her continued opposition to the flight operations of Puget Helicopters Sound Helicopters and suggesting that Council terminate this operating agreement. Citizen Comment: Correspondence was read from Marsha Lammers, 1220 N. 4th St., Renton, Lammers - Use of Metro 98055, representing the Renton School District Transportation Division, to Bus Students expressing interest in transporting high school students via Metro buses. OLD BUSINESS Council President Nelson presented a report recommending that staff present Committee of the Whole the holiday lights proposal to the Park Board, requesting written comments Parks: Clam Lights Master and recommendations on the proposal to charge admission fees. The Plan Committee further recommended that Staff investigate community and corporate interest and financial support for this event, with a report back to Council. MOVED BY NELSON, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning & Development Committee Chair Keolker-Wheeler presented a Committee report recommending Council approval of the nine conditional approval Development Services: permit applications it heard at the public hearing on February 19, 1996. The Conditional Approval Committee so recommended noting that the,enabling ordinance (#4584) for Permit Requests (9) the conditional approval permit process, adopted by Council on February 12, 1996, is now in effect and the resolution of this unfinished business is now timely. Approval of these nine initial conditional approval permit applications will be pursuant to the recommended conditions of approval that were presented to Council on February 19, 1996 for each of the applications. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Development Services: Planning & Development Committee Chair Keolker-Wheeler presented a National Electrical Code report regarding amendments to the National Electrical Code. The Committee and Other Uniform Code recommended concurrence in the following staff recommendations: Amendments 1. That Council adopt the ordinance to update the National Electrical Code with state-wide amendments to the 1996 edition. 2. That Council adopt the two minor revisions to the National Electrical Code. 3. That Council adopt amendments to the Building, Plumbing, • Mechanical and Electrical Codes to require a $20.00 service fee to duplicate permits, provided notice of this charge is given the applicant on all permits issued. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 128 for ordinance.) Transportation (Aviation) Transportation (Aviation) Committee Chair Schlitzer presented a report Committee recommending that Council adopt the resolution supporting the full King Metro: Six-Year Transit County Six-Year Transit Plan/Renton Early Implementation Project. The Plan/Renton Early Committee strongly supports transit service and recognizes the importance of Implementation Project this project to both the City and the region. Further, the Committee supports a refinement to the proposed transit routing to the downtown interim hub.that would address citizen concerns yet provide regional transit service connections and alternatives to the single occupant vehicle, consistent with the City's t CITYF RENTON aril., `- City Clerk Jesse Tanner,Mayor Marilyn J.Petersen F pC44/ - , February 12, 1996 . - : : �FB .4-MT-NQ� _ Dr. Ze've Young , '�4` 1996. . 920 North 1st Street - if. • Renton, WA: 98055 _ _ Re: Public Hearing on Conditional Use Permit Approval - Dear Dr. Young: 'The Renton City Council has fixed February 19, 1996, at 7;30 p.m: as the date and time for a public hearing to be held in the-second floor Council Chambers of the Renton Municipal -- , - :.•Building,-200 Mill Avenue South,Renton 98055. :Your request for.Conditional Use Permit - approval will be considered to reestablish use and structure for your property located at 920 N. First Street in the event of a'catastrtrophic event'where damages exceed•50% of the appraised. ;valuation of the use and structure (Reference: Non-Conforming`Use Ordinance): All interested persons are invited to attend the hearing and present oral or written co• mments in support or opposition to the:proposal. ,The Municipal"Building is fully accessible; and interpretive services for the hearing impaired will be provided upon prior notice: Please-call- ,- 235-2501 for additional. information or 277-4453 TDD. . :. - ' Sincerely; ; Marilyn 7 rsen, CMC City Clerk .: cc: D_©n#Erickson,=Planning JDivision) - - .200 Mill Avenue South-Renton,;Washington.98055 -.(206)235-2501 , This paper contains 50%recycled material,25%post consumer - - , PLANNING & DEVELOPMENT COMMITTEE CITY OF RENTON CONDITIONAL APPROVAL PERMIT APPLICATION REPORT AND RECOMMENDATION APPLICANT: CITY OF RENTON City Sponsored Conditional Approval of Traditional Family Care Property Site LOCATION: 920 North 1st Street SUMMARY OF REQUEST: City sponsored conditional approval of 0.23 acre site developed with a one-story "L"-shaped building occupied by professional offices in order to legitimize this non-conforming use and structure against their premature termination in the event of an accidental catastrophic loss to the structure. SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve with conditions. RELEVANT REVIEW CRITERIA: Non-conforming Uses: Pursuant to Section 4-31-19.1.5. the following three use criteria are relevant to this application: • Community Need; • Effect on Adjacent Property; and, • Timeliness with Existing Plans and Programs. Non-conforming Structures: Pursuant to Section 4-31-19.1.6.,- the following three structure related criteria are relevant to this application: • Potential of the Site for Redevelopment; • Condition of Building/Structure; and, • Departure from the Zoning Code. FINDINGS, CONCLUSIONS, & RECOMMENDATIONS Having reviewed the relevant criteria in this matter, Staff make and enter the following: FINDINGS: 1. The applicant, the City of Renton, is processing approximately ten conditional approval permit applications for projects that initially petitioned for Class 'A' - Non-conforming Use status before this was changed to the new Conditional Approval Permit process. 2. Because there is no proposed change of use or modification of structures proposed as a consequence of these applications it was determined that these applications were SEPA exempt since these actions were seen as being administrative in nature. July 7, 1995 Conditional Apv___ Permit Application Report, 920 1st Ave, rg '.itinued Page 2 3. Proposed enabling legislation for these applications has been reviewed by all departments with an interest in this issue. 4. The subject site is commonly known as the Traditional Family Care Building site. The site is located at 920 North 1st Street (at the corner of North 1st Street and Pelly Avenue North) in a predominantly mixed density residential area that includes single-family dwellings, some duplex residential, and a scattering of one-story professional offices buildings. 5. The existing building is a one-story "L"-shaped wood-frame structure with flagstone veneer. The two wings that comprise the two sides of the "L" are approximately 30 feet by 100 feet in size, each. A more decorative entrance facade fronts on North 1st Street. The rest of the building consists of long unbroken facades and parapetted flat roof. 6. The subject site is approximately 6,622 square feet in area. 7. The front of the building facing onto North 1st Street is setback approximately 10 feet from the street property line and is landscaped with lawn and decorative evergreen shrubs. Scattered along the side and rear facades are taller evergreen shrubs that help reduce.the apparent bulk of the structure. 8. The one-story North Renton Professional Building abuts the subject site to the north. This is a residential looking wood-frame structure with partial brick veneer facades. 9. The property owner is seeking a conditional approval permit that will permit the existing professional office use and the structure it is housed in to be re-established in the event that a catastrophic accident destroys or severely damages the existing building. 10. The City has recently rezoned the subject site from the Public Use (P-1) Zone to the R-10 Residential Zone. 11. The Comprehensive Plan designates subject site as Residential Options: suitable for single family, duplex, triplex, and fourplex residential structures. 12. Reflecting actual uses in the area, the zoning generally is R-8 to the north of the site and R-8 zoning east of the site. However, there is also R-10 zoning immediately to the northwest of the site on a triangular lot across the alley as well as R-10 zoning on the site immediately north and abutting the site. Additional R-10 zoning exists to the south across North 1st Street. CONCLUSIONS: Non-conforming Use: The proponent, must demonstrate that the request to continue the existing non-conforming use in the event of a catastrophic loss or damage to the premises is in the public interest and that it complies with at least three of the five criteria identified in Section 4-31-19.1.5: a. "Community Need: There is a community need for the proposed use at its present location." It appears that the existing facility does serve residents and employees in the surrounding North Renton area as well as patients from elsewhere in the city including the downtown area. With many medical facilities having relocated to the area along S. Talbot Road and SW 43rd/Carr Road, it would appear to be in the community's interest to retain such a health care facility nearby to a larger residential population. b. "Effect on Adjacent Property: The existing non-conforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare vibration, etc." July 7, 1995 Conditional AppL,,i Permit Application Report, 920 1st Ave, P fntinued Page 3 There is no indication that the proposed use has created undue adverse impacts on the adjacent properties. This may in fact partly be because two of the three sides of the site are bordered by streets and the property on the third, the abutting property line, is a similar one- story professional office building. c. "Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing non-conforming use would not impede or delay the implementation of the City's Comprehensive Plan." Given the relatively small size of the current lot, some 6,622 square feet in area, as well as the costs of redeveloping this non-residential use to a residential use, the site would appear less desirable for new single-family, duplex, triplex or fourplex housing than larger sites across the North 1st Street to the south which also have this same zoning. It therefore does not appear that retention of the existing non-conforming use would impede implementation of the City's Comprehensive Plan in the surrounding area during the near term. Non-conforming Structure The proponent, must demonstrate that the request to re-establish the existing non- conforming structure in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with at least three of the five criteria identified in Section 4-31-19.1.6: a. "Potential of the Site for Redevelopment: Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or, because the characteristics of adjacent permitted uses preclude their expansion." Because of the relatively small size of the existing lot it and its irregular shape and size, it is less efficient than larger more traditional rectangular sites for redevelopment with mixed density residential uses. Unless this site were to be combined with the abutting site to the north, it seems unlikely that an efficient mixed-residential development allowed under the R- 10 zoning would occur in the immediate future. b. "Condition of Building/Structure: If non-conforming as to the provisions of the City's Building Code, the building or structure has generally been well maintained and is not considered to be a threat to the public health or safety." From all exterior appearances, the existing structure is well maintained and is not considered to be a threat to the public health or safety. c. "Departure from the Zoning Code: If non-conforming with the provisions of the City's Development Regulations, the building or structure does not pose a threat to the public health, welfare, or safety, or, it could be modified so as not to pose such a threat." Again, there is no indication that the existing structure poses a threat to the public health, welfare, or safety. RECOMMENDATION: 1. Based upon the above, the requested conditional approval permit to allow the existing use to be re-established in the case of a catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non- conforming use shall not be re-established. b. New tenants shall be informed in writing about the non-conforming status of the existing use and structure and the fact that this conditional approval permit for the non- July 7, 1995 Conditional Apla,,._"-;I Permit Application Report, 920 1st Ave,I `mtinued Page 4 conforming use is initially granted for a period not exceeding ten (10) years, although subsequent permits might be issued if conditions at the time still warrant. 2. Based upon the above discussion, the requested conditional approval permit to allow the existing structure to be re-established in the case of a catastrophic loss or damage to the structure should be granted subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non- conforming use shall not be re-established; b. The extent of the existing non-conforming building that may be replaced with additional non-conforming structure shall not exceed the amount of the structure accidentally damaged. In no case shall any portion of a structure that has been found to have been intentionally damaged by the owner be allowed to re-establish itself unless it does so consistent with all codes and regulations then in existence; and c. An application for site plan review shall be made if a catastrophic loss or if an accumulative loss greater than fifty percent (50%) of the assessed value of the structure occurs within this ten (10) year period. The replacement structure shall be reviewed to ensure that it is architecturally in character with the surrounding area and, that it complies with all relevant building codes and the existing zoning codes then in place, to the extent possible. NOTES TO PROPERTY OWNER: 1) Prior to any subsequent consideration of a another conditional approval permit for this site, the surrounding area shall be reassessed by the City based on the review criteria and conditions in existance at that time. 2) The applicant shall prepare restrictive covenants satisfactory to the City Attorney that reflect these conditions and run with the site. These restrictive covenants shall be filed by the applicant or their representative with King County and verification of this filing shall be submitted to Development Services prior to this permit being issued. APPROVAL SIGNATURES: Non-conforming Use Conditional Approval The subject application was reviewed by the Renton City Council on and approved. Signed, on this , 1995: Marilyn Petersen, City Clerk July 7, 1995 Conditional Appf'fi__: Permit Application Report,920 1st Ave, ntinued Page 5 Non-conforming Structure Conditional Approval Signed, on this , 1995: Michael D. Kattermann, Director Jim Hanson, Director Planning & Technical Services Development Services 920n1 st.DOC PLANNING & DEVELOPMENT COMMITTEE CITY OF RENTON CONDITIONAL APPROVAL PERMIT APPLICATION REPORT AND RECOMMENDATION APPLICANT: CITY OF RENTON City Sponsored Conditional Approval of Traditional Family Care Property Site (Application No. 10) LOCATION: 920 North 1st Street SUMMARY OF REQUEST: City sponsored conditional approval of 0.23 acre site developed with a one-story "L"-shaped building occupied by professional offices in order to legitimize this non-conforming use and structure against their premature termination in the event of an accidental catastrophic loss.to the structure. SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve RELEVANT REVIEW CRITERIA: Non-conforming Uses: Community Need: There shall be a community need for the proposed use at its present location. Effect on Adjacent Property: The existing non- conforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare vibration, etc. Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing non-conforming use would not impede or delay the implementation of the City's Comprehensive Plan Map. Non-conforming Structures: Potential of the Site for Redevelopment: Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or, because the characteristics of adjacent permitted uses preclude their expansion. Condition of Building/Structure: If non-conforming as to the provisions of the City's Building Code, the building or structure has generally been well maintained and is not considered to be a threat to the public health or safety. June 23, 1995 Page 2 Departure from the Zoning Code: If non-conforming with the provisions of the City's Development Regulations, the building or structure does not pose a threat to the public health, welfare, or safety, or, it could be modified so as not to pose such a threat. FINDINGS, CONCLUSIONS, & RECOMMENDATIONS Having reviewed the relevant criteria in this matter, Staff make and enter the following: FINDINGS: 1. The applicant, the City of Renton, is processing approximately ten conditional approval permit applications for projects that initially petitioned for Class 'A' - Non-conforming Use status before this was changed to the Conditional Approval Permit process. 2. Because there is no proposed change of use or modification of structures proposed as a consequence of these applications it was determined that these applications were SEPA exempt since these actions were seen as being administrative in nature. 3. Proposed enabling legislation for these applications has been reviewed by all departments with an interest in this issue. 4. The subject site is commonly known as the Traditional Family Care Building site. The site is located at 920 North 1st Street (at the corner of North 1st Street and Pelly Avenue North) in a predominantly single-family area that does include a scattering of lower density non-residential professional offices. 5. The existing building is a one-story "L"-shaped wood-frame structure with flagstone veneer. The two wings that comprise the two sides of the "L" are approximately 30 feet by 100 feet in size, each. A more decorative entrance facade fronts on North 1st Street. The rest of the building appears box-like with its long facades and parapetted flat roof. 6. The subject site is approximately 6,622 square feet in area. 7. The front of the building facing onto North 1st Street is setback approximately 10 feet from the street property line,and is landscaped with lawn and decorative evergreen shrubs. Scattered along the side and rear facades are taller evergreen shrubs that help reduce the apparent bulk of the structure. 8. The one-story North Renton Professional Building abuts the subject site to the immediate north. This is a residential looking wood-frame structure with partial brick veneer facades. 9. The property owner is seeking a conditional approval permit that will permit the existing professional offices use to be re-established in the event that a catastrophic accident destroys or severely damages the existing building. 10. The property owner is also seeking a conditional approval permit that would allow them to replace the existing structure with a similar structure in the event of that a catastrophic accident destroys or severely damages the existing building. 11. The City has recently rezoned the subject site from the Public Use (P-1) Zone to the R-10 Mixed Residential Zone. 12. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of mixed-residential uses since the site has a Residential - Options designation. June 23, 1995 r Page 3 13. Reflecting actual uses in the area, the zoning generally is R-8 to the north of the site and R-8 zoning east of the site. However, there is also R-10 zoning immediately to the northwest of the site on a triangular lot across the alley as well as proposed R-10 zoning on the site immediately north and abutting the site. Additional R-10 zoning exists to the south across North 1st Street. CONCLUSIONS: 1. The proponent, in this case the City, must demonstrate that the request to continue the existing non-conforming use in the event of a catastrophic loss or damage to the premises is in the public interest and that it coplies with the three relevant criteria identified above and taken from Section 4-31-19.1.5: a. Community Need: There is a community need for the proposed use at its present location. - It appears that the existing facility does serve residents and employees of businesses in the surrounding North Renton area as well as patients from elsewhere in the city including the downtown area. With many medical facilities having relocated to the area along S. Talbot Road and SW 43rd/Carr Road, it would appear to be in the communities interest to retain such a health care facility nearby to a larger residential population, as long as it was convenient for walk-in patients and traffic impacts were minimal or non-existent. b. Effect on Adjacent Property: The existing non-conforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare vibration, etc. There is no indication that the proposed use has created adverse impacts on the adjacent properties. This may in fact partly be because two the three sides of the site are bordered by streets and the property on the third, the abutting property line, is a similar one-story professional office building. In addition, the existing facility provides eight off-street parking spaces at the back of the building. c. Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing non-conforming use would not impede or delay the implementation of the City's Comprehensive Plan Map. Given the relatively small size of the current lot, some 6,622 square feet in area, as well as the location of the site at the end of the block with single-family housing across the street to the east and abutting the site to the north, it does not appear that retention of the existing non-conforming use would impede implementation of the City's Comprehensive Plan Map. 2. The proponent, in this case the City, must demonstrate that the request to re-establish the existing non-conforming structure in the event of a catastrophic loss or damage to the premises, is in the public interest and that it coplies with the three relevant criteria identified above and taken from Section 4-31-19.1.6: a. Potential of the Site for Redevelopment: Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or, because the characteristics of adjacent permitted uses preclude their expansion. Because of the size of the existing lot it may not be a preferred site, at least initially, for, redevelopment with mixed density residential uses. Because of its irregular shape and size, unless this site is combined with the abutting site to the north, it is unlikely that an efficient mixed-residential development would occur in the immediate future. However, if this site was combined with the abutting site to the north, it is more likely that an efficient mixed- residential development would occur. Until more mixed density residential gets started in this area, it is unlikely that this site will be a prime candidate for redevelopment to such uses. June 23, 1995 Page 4 b. Condition of Building/Structure: If non-conforming as to the provisions of the City's Building Code, the building or structure has generally been well maintained and is not considered to be a threat to the public health or safety. From all exterior appearances, the existing structure is well maintained and is not considered to be a threat to the public health or safety. c. Departure from the Zoning Code: If non-conforming with the provisions of the City's Development Regulations, the building or structure does not pose a threat to the public health, welfare, or safety, or, it could be modified so as not to pose such a threat. Again, there is no indication that the existing structure poses a threat to the public health, welfare, or safety. RECOMMENDATION: 1. Based upon the above, the requested conditional approval permit to allow the existing use to be re-established in the case of a catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The use cannot be changed from medical offices to another related use, such as medical or legal offices, without first giving notice to the City and the City having invited public comment, before granting such a change; b. No other non-related non-conforming use shall be allowed to establish itself on the site; and, c. The duration of the use shall not exceed that of the original structure or any structure that is non-conforming that replaces it. d. New tenants shall be warned about the non--conforming status of the existing structure and the fact that the conditional approval permit for the structure is for only ten years, unless it is renewed. 2. Based upon the above discussion, the requested conditional approval permit to allow the existing structure to be re-established in the case of a catastrophic loss or damage to the structure should be granted subject to the following conditions: a. This permit shall be good for ten (10) years only. Prior to any renewal conditions in the area shall be reassessed to determine the likelihood of this site being ready for redevelopment to a preferred use allowed under the zoning then in place. b. The existing building may only be replaced if it is damaged in excess of fifty percent (50%) of its last assessed value and such damage is found to have resulted from accidental causes; and c. An application for site plan review shall be made if such a loss occurs during the life of this permit. The replacement structure shall be reviewed to ensure that it is architecturally in character with the surrounding area at that time and, that it complies with all relevant building codes and the existing zoning codes then in place, to the extent possible. NOTE: If these conditions are approved the applicant shall file restrictive covenants on the subject site with King County and submit verification of this prior to this permit being issued. Signed: Date: Michael D. Kattermann, Director 920n1st.DOC . . t.,::. .: • CONDITIONAL APPROVAL PERMIT, 920 1st AVENUE NORTH • _, 1 ...1N 'c13 i i I ;" 1 I \ • I • g i fir,. _ �- - /jQ Y • * i F , tie.4;' .- f ; ., (./: i,.. 1 ' les.111.1 ...... - : . . 4 6111 i I, ILL j Ir , 1, I 41 7 - I'•1 y I i 11 i i � I t, 4 ilik\i' . 1 i. . ,.....%.:— ..:it '} rta '. 11JrLl i lii ,,.. . 1 In., f,• : PRADITIONAL FAMILY HEALTH CAR] "In the tradition of personalized service" ZE'EV YOUNG, M.D. Board Certified Family Physician 920 North 1st Street ♦ Renton,Washington 98055 • (206)228-4450 C�YOi:. /V/Sl oN IWA RIG 799, b March 13, 1995 Michael D. Kattermann, AICP 200 Mill Avenue South Renton, Washington 98055 Dear Mr. Kattermann, I am writing to request consideration for a Class 'A' - Non-conforming Use Permit and a Class 'A' - Non-conforming Structure Permit for the Traditional Family Health Care Medical Building at 920 North 1st. Street. 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Q.., , , d. _ L,,,,X AN a, . ,, ,,,, •, CONDITIONAL APPROVALPERMIT, 920 1st AVENU-E NORTH 4 _ ^\ — NGU RE CE DATE7745 � \ PLANNING & DEVELOPMENT COMMITTEE L. �e I DATE cy '� � y-offCITY OF RENTON CONDITIONAL APPROVAL PERMIT APPLICATIOrt REPORT AND RECOMMENDATION APPLICANT: CITY OF RENTON City Sponsored Conditional Approval of Traditional Family Care Property Site LOCATION: 920 North 1st Street SUMMARY OF REQUEST: City sponsored conditional approval of 0.23 acre site developed with a one-story "L"-shaped building occupied by professional offices in order to legitimize this non-conforming use and structure against their premature termination in the event of an accidental catastrophic loss to the structure. SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve with conditions. RELEVANT REVIEW CRITERIA: Non-conforming Uses: Pursuant to Section 4-31-19.1.5. the following three use criteria are relevant to this application: • Community Need; • Effect on Adjacent Property; and, • Timeliness with Existing Plans and Programs. Non-conforming Structures: Pursuant to Section 4-31-19.1.6., the following three structure related criteria are relevant to this application: • Potential of the Site for Redevelopment; • Condition of Building/Structure; and, • Departure from the Zoning Code. FINDINGS, CONCLUSIONS, & RECOMMENDATIONS Having reviewed the relevant criteria in this matter, Staff make and enter the following: FINDINGS: 1. The applicant, the City of Renton, is processing approximately ten conditional approval permit applications for projects that initially petitioned for Class 'A' - Non-conforming Use status before this was changed to the new Conditional Approval Permit process. 2. Because there is no proposed change of use or modification of structures proposed as a consequence of these applications it was determined that these applications were SEPA exempt since these actions were seen as being administrative in nature. July 7, 1995 Conditional Arl_„ _ al Permit Application Report, 920 1st Ave, .:ontinued Page 2 • 3. Proposed enabling legislation for these applications has been reviewed by all departments with an interest in this issue. 4. The subject site is commonly known as the Traditional Family Care Building site. The site is located at 920 North 1st Street (at the corner of North 1st Street and Pelly Avenue North) in a predominantly single-family area that includes some multi-family residential and a scattering of one- story professional offices buildings. 5. The existing building is a one-story "L"-shaped wood-frame structure with flagstone veneer. The two wings that comprise the two sides of the "L" are approximately 30 feet by 100 feet in size, each. A more decorative entrance facade fronts on North 1st Street. The rest of the building consists of long unbroken facades and parapetted flat roof. 6. The subject site is approximately 6,622 square feet in area. 7. The front of the building facing onto North 1st Street is setback approximately 10 feet from the street property line and is landscaped with lawn and decorative evergreen shrubs. Scattered along the side and rear facades are taller evergreen shrubs that help reduce the apparent bulk of the structure. 8. The one-story North Renton Professional Building abuts the subject site to the north. This is a residential looking wood-frame structure with partial brick veneer facades. 9. The property owner is seeking a conditional approval permit that will permit the existing professional office use and the structure it is housed in to be re-established in the event that a catastrophic accident destroys or severely damages the existing building. 10. The City has recently rezoned the subject site from the Public Use (P-1) Zone to the R-10 Residential Zone. 11. The Comprehensive Plan designates subject site as Residential Options: suitable for single family, duplex, triplex, and fourplex residential structures. • 12. Reflecting actual uses in the area, the zoning generally is R-8 to the north of the site and R-8 zoning east of the site. However, there is also R-10 zoning immediately to the northwest of the site on a triangular lot across the alley as well as R-10 zoning on the site immediately north and abutting the site. Additional R-10 zoning exists to the south across North 1st Street. CONCLUSIONS: Non-conforming Use: The proponent, must demonstrate that the request to continue the existing non-conforming use in the event of a catastrophic,loss or damage to the premises is in the public interest and that it complies with at least three of the five criteria identified in Section 4-31-19.1.5: a. "Community Need: There is a community need for the proposed use at its present location." It appears that the existing facility does serve residents and employees in the surrounding North Renton area as well as patients from elsewhere in the city,including the downtown area. With many medical facilities having relocated to the area along S. Talbot Road and SW 43rd/Carr Road, it would appear to be in the community's interest to retain such a health care facility nearby to a larger residential population. b. "Effect on Adjacent Property: The existing non-conforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic glare vibration, etc." July 7, 1995 Conditional J_, ;1val Permit Application Report, 920 1st Air 1, continued Page 3 There is no indication that the proposed use has created undue adverse impacts on the adjacent properties. This may in fact partly be because two of the three sides of the site are bordered by streets and the property on the third, the abutting property line, is a similar one- story professional office building. c. "Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing non-conforming use would not impede or delay the implementation of the City's Comprehensive Plan." Given the relatively small size of the current lot, some 6,622 square feet in area, as well as the costs of redeveloping this non-residential use to a residential use, the site would appear less desirable for new single-family, duplex, triplex or fourplex housing than larger sites across the North 1st Street to the south which also have this same zoning. It therefore does not appear that retention of the existing non-conforming use would impede implementation of the City's Comprehensive Plan in the surrounding area during the near term. Non-conforming Structure The proponent, must demonstrate that -the request to re-establish the existing non- conforming structure in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with at least three of the five criteria identified in Section 4-31-19.1.6: a. "Potential of the Site for Redevelopment: Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or, because the characteristics of adjacent permitted uses preclude their expansion." Because of the relatively small size of the existing lot it and its irregular shape and size, it is less efficient than larger more traditional rectangular sites for redevelopment with mixed density residential uses. Unless this site were to be combined with the abutting site to the north, it seems unlikely that an efficient mixed-residential development allowed under the R- 10 zoning would occur in the immediate future. b. "Condition of Building/Structure: If non-conforming as to the provisions of the City's Building Code, the building or structure has generally been well maintained and is not considered to be a threat to the public health or safety." From all exterior appearances, the existing structure is well maintained and is not considered to be a threat to the public health or safety. c. "Departure from the Zoning Code: If non-conforming with the provisions of the City's Development Regulations, the building or structure does not pose a threat to the public health, welfare, or safety, or, it could be modified so as not to pose such a threat." Again, there is no indication that the existing structure poses a threat to the public health, welfare, or safety. RECOMMENDATION: 1 . Based upon the above, the requested conditional approval permit to allow the existing use to be re-established in the case of a catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The existing legal non-conforming use shall initially be allowed only for a period not exceeding ten (10) years. The duration of the use, however, shall not exceed that of the original structure or ten (10) years, whichever is less, if a catastrophic loss of the original structure occurs within this ten (10) year period and the site is not redeveloped within two years; July 7, 1995 Conditional Ap ,31 Permit Application Report, 920 1st Ave,,' :ontinued Page 4 b. The existing non-conforming use (professional offices) s not be changed from medical 1 i 1 offices to another non-conforming use within this e use class, such as dental or legal offices, without first giving notice to the ' and having obtained City approval for such /' !(^' a change; r / c. Other r101.,____1•_c_g_DiOf ing uses shall not be allowed to establish themselves on the site; and, / ' f d. New tenants shall be informed in writing about the non-conforming status of the existing ka use and structure and the fact that this conditional approval permit for the non- conforming use is initially granted for a period not exceeding ten (10) years, although subsequent permits might be issued if conditions at the time still warrant. 2. Based upon the above discussion, the requested conditional approval permit to allow the existing structure to be re-established in the case of a catastrophic loss or damage to the structure should be granted subject to the following conditions: • a. The existing legal non-conforming structure shall be allowed for a period not exceeding ten (10) years; b. The extent of the existing non-conforming building that may be replaced with additional non-conforming structure shall not exceed the amount of the structure accidentally damaged. In no caps all .any portion of a structure that has been found to have been intentionally damagWdA a a`ir6Vied to re-establish itself unless it does so consistent with all codes and regulations then in existence; and c. An application for site plan review shall be made if a catastrophic loss or if an accumulative loss greater than fifty percent (50%) of the assessed value of the structure occurs within this ten (10) year period. The replacement structure shall be reviewed to ensure that it is architecturally in character with the surrounding area and, that it complies with all relevant building codes and the existing zoning codes then in place, to the extent possible. NOTES TO PROPERTY OWNER: 1) Prior to any subsequent consideration of another conditional approval permit for this site, the surrounding area shall be reassessed by the City +^ de e "'�o+hor rario\/olnnmo + e.1 -111_,2- pc..ai ew c✓f kek a. 2) The applicant shall prepare restrictive covenants satisfactory to the City Attorney that reflect these conditions and run with the site. These restrictive covenants shall be filed by the applicant or their representative with King County and verification of this filing shall be submitted to Development Services prior to this permit being issued. APPROVAL SIGNATURES: • Non-conforming Use Conditional Approval The subject application was reviewed by the Renton City Council on and approved. Signed, on this , 1995: , Marilyn Petersen, City Clerk • July 7, 1995 Conditional Ap 11 Permit Application Report, 920 1st Ave, ';ontinued Page 5 Non-conforming Structure Conditional Approval Signed, on this , 1995: Michael D. Kattermann, Director Jim Hanson, Director Planning & Technical Services Development Services 920n1st.DOC CONDITIONAL APPROVAL PERMIT, 920 1st AVENUE NORTH • r , • �i, ,,� ,t r I z rr 7 �. 4. �� err )t -P Al'',� .R } (, - '( .�4_,It f >a th ,lf+ I.. f y t �-�., 'f 6.y �3.a eY'.n- 6 .. 44 1 t? ' r t `� ► ir� II�II I� "'i�5a . E _�I�, v.,. IM _ �c( t y� • .,,,,!.),-__ , 'ur III r I k,a - t • si "F� i� •f ii i. , .„ , r . 4. . , ..... 4.„... _•'1 .21'17 k. ,1l W. , .-. :, ii . ., ,..,.. , ii, la _:„..f. , ''. • ri •4 • w.sr I i. ••1. �• ray 1' , �O�I C � ,� , !'I:gill ^4/ il/ 1 1 1 - .f 1 .t ` I Y' ? �,'c�� =F} i. F:•ef"l1 'Sby�Yu .I .'I �{� 1 ( >*)' : • ,�'•l ' 1 III i I 'I •I 11 : 1_�4„..- • Illt, \ I 'if j _I lt'il:i' i' -I ' - ' . ' ! °I ••%' 1 144 '''.I '. , I 1 t \ .k , , , . . ,i t,....._ __,............,....., ,......,...., • Ail. — _ __4 — . ' In k N „ ,..._:—.1-7—_,..—..ir/19-1.— ' 1 ; "r -... , -_, —, ..._....,9 \ \ l' , . A al 4 0 s' ��`' .��u • o o0,s 3 /9 J 19•�O g.' ° l9 L �5 -" 031 `u s .' -, :,`0 * • b f p3i5 ,� 3L 03 18 A op�o 2 0 50w° �0 0 5 d / 1 03�sa + ,, r9 20 Zr •Vt" I°° Z• ; 20,t, `2� 5DO 7 °) vl 2oo 0 5 IS 05 • '�.6 'I• P. 000 '+ N �41,s/ &;a'' I °' / ��0°0 4636a ¢8ed ° ,,_ 2 ND j ti a zoos 0'1r 0305 6 21 0395 0310 ¢o•r i� 1 I ST D ro 4'r *` �,~Q ; 2 Z.4� 03w .S , . ?2 Q4.O0 03Q5 0 9 4f ' \ � �T3�� c o p1�5 d ) 7 ,Op o��'� 1 A8 ' '0 • L 3a oIP. 0 ° l 19 23 02go fl 4 ° . 23 o4.25 0 \ a�(•o0 �0 ioAC o +e 01 n C j • ,}r,00d �` .�� -7 1- /_ 'I u1, ♦o ° *4.�°` • 17 7 `,C L 1:cle'!. .4$38d 02954 �Ib ,Iz° a�1la . p-195 028� 3 24 0�/0 ThL arz5 �� oils .5- ,, W ZKc% /d B a• Ow 1 �; 0 DO u �y 2 .' , r * � r 25: olio z o . 2 , �( Is ? , air yn )os e°�5 a9�4 ° ° 2 6 3/04 0 ` 4t.� o o o h <6 \� t^ in o °r ti° •.; ,� 74113 1 ,00 So 30 /07., ;2 ' e '1 :1 0 . .j a I 1 1 _21qt:3$ ') ?° •5° 0.1 T 272.i�` � _ "--- Af.t 9S e 7 02 Pit:\ 111 Ni J 1 127.79 I • 5,l Q3"OR/S R = I A ; 60-960 ,3 /o° t /ob I Ia7.D !z / a7.� 11 _ /0,,z54 , 'R` 0095 / 7 Lt.7 04,0 o 6 ° W2 [ /3 0-rt w, I Q5. ''�, A,760 , �� J �� fl o► ; Q a 537r,0NI 4� �� �A; W ♦fi✓' S' ' . , l4 arts 0 p0 . \P o 455 046 I y9r t0 7375 Q 9 v ° <- ,z,t‘ oil() 0095 / 441L' �$- /.��` r 12.9 A C. 1VFW 00 r 3 d &�°LI b o o 10 7 �oOpt�Z I� 5315.0 ' 3 l �ti c.f' a 15 J'�ti, l 7 013 0 rs '\ /�° fQ s 0 �1>' 0410 mii.I 0135 NI 0 4 �N(....,.' 15-1 A-` •r oti ccie� H /8 : 00�� „ s S �� ClCR G l�� /� �„..., * •,,, �`� v , l . /9 So;� 0015 6 6" /.1..Y -')''--/-, '-'s, Y //, ,�i93 .,I / 114-10 h \ 5 ' x 6 �,( 9h�, , / 58 • I p Cr:..1::; 0.. , „i. in,.. :, ,Jo<N 1-'2, (is;) ,,'''' ,, ‘):1 /c) /—.1 '/ lizi / \ CONDITIONAL APPROVAL PERMIT, 920 1st AVENUE NORTH CONDITIONAL APPROVAL PERMIT APPLICATION FOR NONCONFORMING LOCATION: 920 North 1st Street RECOMMENDATION: Approve Nonconforning Use/Structure not to exceed 10 year period. RECOR�MENDATION FOR NONCONFORMING USE - a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not - redeveloped within two years, the non-conforming use shall not be re- established. b. New tenants shall be informed in writing about the non-conforming " " "' E status of the existing use and structure and the fact that this conditional approval permit for the nonconforming use is initially granted for a 11 MI ME period not exceedingten (10) years, although subsequent permits • fl - �r -� 9 q :. might be issued if conditions at the time still warrant. ,_. . �D:'T O :: > : : ::: : <; :: : <_�:T :: > <> mig <I� If11llffl�.: [C?�+I FQR:t��NC�JF�?RIV�I1 ;�.:.�U . :U : ; :.;:.;:.;>:;:;:; - a. The conditional approval permit shall be in effect fora period not g� 12 :S exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non-conforming use shall not be re- established. b. The extent of the existing non-conforming building that may be I —— _mot replaced with additional non-conforming structure shall not exceed the amount of the structure accidentally damaged. EN IN IN ■■ MIN E,�n c. An application for site plan review shall be made if a catastrophic or 111 . , an accumulative loss greater than fifty percent (50%) of the assessed value of the structure occurs within this ten (10) year period. The _-- - _ .: replacement structure shall be reviewed to ensure that it is architecturally in character with the surrounding area at that time and, that it complies with all relevant building codes and the existing zoning codes then in place, to the extent possible. 94t2 f5 920N 1 SDB.DOC/