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HomeMy WebLinkAbout07-08-2025 - HEX Decision - Hobbs Code Enforcement Code Enforcement Decision -- 1 BEFORE THE HEARING EXAMINER OF RENTON FINAL DECISION -- APPEAL OF FINDING OF VIOLATION AND ORDER TO CORRECT 5- FILE NUMBER: CODE25-000005 SITE OF VIOLATION: 2326 NE 10th Pl Renton, WA 98056 PROPERTY OWNER: Shannon Hobbs 2326 NE 10th Pl Renton, WA 98059 REVIEW AUTHORITY: City of Renton TYPE OF CASE: Appeal of Notice Violation asserting membrane structure impermissibly located in front yard DISPOSITION: Appeal sustained. The structure in question doesn’t qualify as a membrane structure. INTRODUCTION Ms. Hobbs appeals a Notice of Violation and Order to Correct, CODE25-000005 (NOV). The NOV asserts that Ms. Hobbs has violated RMC 4-5-130 by placing a membrane structure in her front yard. The structure at issue is a metal carport. It does not qualify as a “membrane structure” and thus is not subject to RMC 4-5-130. TESTIMONY A computer-generated transcript has been prepared of the hearing to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. EXHIBITS The staff’s exhibit list identifying 5 exhibits were admitted as Ex. 1-5 during the April 8, 2025. FINDINGS OF FACT Code Enforcement Decision -- 2 1.Violation Site. The violation site is 2326 NE 10th Pl, Renton, WA 98056. 2.Notice of Violation. A Notice of Violation (“NOV”) dated February 5, 2025 was mailed to Ms. Hobbs. The NOV alleges that she has a membrane structure on her front yard in violation of RMC 4-5-130. 3.Membrane Structure. The structure alleged to constitute a membrane according to hearing testimony and the exhibit 3 photograph is a metal carport. As shown in the photograph and confirmed in hearing testimony, the carport is composed of aluminum framing supporting aluminum panels that comprise the roof The panels do not appear to be tensioned or stretched by the framing but rather have simply been bolted onto the frame. 9. Hearing. A hearing on the subject appeal was held on April 8, 2025. CONCLUSIONS OF LAW 1.Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review appeals of NOVs as provided in RMC 1-10-5. 2.Zoning. The violation site is zoned R8. 3.Alleged Code Violations. The NOV alleges violation of RMC 4-5-130, which is quoted in pertinent part below and applied via a corresponding conclusion of law: Violation No. 5 RMC 4-5-130(B)(4): Section 308, Rubbish and Garbage, of the 2018 Edition of the IPMC, is deleted in its entirety and replaced with a new Section 308, Residential Outdoor Storage, which shall read as follows: 308 Residential Outdoor Storage: 308.1 Purpose: The purpose of this section is to define and regulate the outdoor storage of materials on residential property while maintaining the character and use intended for single family residential neighborhoods. 308.2 Allowed residential outdoor storage: For RC and R-1 zoned properties, a maximum of four hundred (400) square feet of area may be used for outdoor storage. For R-4, R-6, and R-8 zoned properties, a maximum of two hundred (200) square feet of area may be used for outdoor storage. For R-10 and R-14 zoned properties, a maximum of one hundred feet (100') of area may be used for outdoor storage. Outdoor storage in excess of the above requirements is not permitted in the City of Renton. 308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially zoned property in the following areas: Front yards Side yards Slopes greater than 15% Designated open spaces or restricted areas Critical areas, including wetland, streams and associated buffer areas Code Enforcement Decision -- 3 … 308.8 Membrane structures: Membrane structures are considered outdoor storage, and subject to the location restrictions in section 308.3. Such structures shall not exceed two hundred (200) square feet in area. Membrane structures shall be immediately removed or repaired in the event of disrepair or in the event of damage caused by weather, fire, collision, accident or other forms of damage. Tarps and makeshift covers are prohibited for this use. 7. Violation Not Committed. Ms. Hobbs has not violated the code provision quoted above because her carport doesn’t qualify as a membrane structure. The NOV alleges a violation of IPMC 308.3 as quoted above. IPMC 308.3 by its terms only applies to membrane structures. The IPMC doesn’t define membrane structures. However, membrane structures are defined in Section 3102.1 of the International Building Code (IBC)1. Ms. Hobb’s carport doesn’t qualify as a membrane structure under that definition. IBC 3102.1 provides that membrane structures regulated under Section 3102 (“Membrane Structures”) shall apply to “air-supported, air-inflated, membrane-covered cable, and tensile membrane structures, collectively known as membrane structures.” Those structures are further defined by IBC 202 as follows: Air-supported structure: A structure wherein the shape of the structure is attained by air pressure and occupants of the structure are within the elevated pressure area… Air-inflated structure: A structure that uses pressurized membrane beams, arches, or other elements to enclose space. Occupants of such a structure are not within the pressurized areas used for support. Membrane-covered cable structure: A non-pressurized structure in which a mast and cable system provides support and tension to the membrane weather barrier and the membrane imparts stability to the structure Tensile membrane structure: A membrane structure where the shape is determined by tension in the membrane and the geometry of the support structure. Typically the structure consists of both flexible elements (membrane, cables) and the anchorage (e.g., support and foundations). This includes frame- supported tensile membrane structures. As readily evident from the definitions above, Ms. Hobb’s carport structure doesn’t meet any of the definitions. The carport is composed of metal framing that supports a roof composed of metal panels. The carport doesn’t qualify as an air-supported or air-inflated structure because it’s not reliant upon air pressure. The carport is not a membrane-covered cable structure because no cables are involved. The carport is not a tensile membrane structure because there’s no 1 The International Building Code and the International Property Maintenance Code are both produced by the International Code Council (ICC). Consequently, the definitions of one ICC code are useful in interpreting terms in other ICC codes in the absence of any more directly applicable definitions. Code Enforcement Decision -- 4 evidence in the record to suggest that the metal slats that compose the roof are tensioned in any manner. Consequently, the carport doesn’t qualify as any of the structures “collectively known as membrane structures” as referenced in IBC 3102.1 quoted above. DECISION The appeal is sustained and the NOV dismissed. Decision issued July 8, 2025. Hearing Examiner NOTICE OF RIGHT TO APPEAL Appeal to Superior Court. An appeal of the decision of the Hearing Examiner must be filed with Superior Court within twenty-one calendar days, as required by the Land Use Petition Act, Chapter 36.70C RCW.