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Home My WebLink AboutLUA96-135 •• fro CITN 1)F RENTON �.. Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman March 27, 1997 Mr. R. Gerard Lutz. Mr. Larry Warren Perkins Coie Renton City Attorney 411 108th Avenue NE,#1800 200 Mill Avenue South Bellevue, WA 98004--5584 Renton, WA 98055 Re: Appeal of Administrator's Decision re Sheridan Building Permit#C950275 File No. LUA-96-135,AAD Gentlemen: • An appeal hearing was held on this matter on Tuesday,November 26, 1996. After the hearing, this office was requested not to issue,a decision,pending settlement of the parties.,In a memo dated January 16, 1997, from Mr. Warren to this office, a further continuance was requested. As four months have passed since the hearing;:this office assumes the matter has been settled between the parties. Unless we hear differently from either party within 14 days,this matter.will be considered closed. Sincerely, Fred J. Ka an Hearing Examiner FJK:mm cc: Mayor Jesse Tanner Jay Covington,Mayor's Executive Assistant Jim Hanson Neil Watts 200 Mill Avenue South-Renton, Washington 98055 - (206)235-2593 • 64,1 This paper contains 50%recycled material,20%post consumer c� 4� CITE" JF RENTON :iLt :. Office of the City Attorney . 1 , JesseTanner,Mayor "` Lawrence J.Warren. JA N MEMORANDUM 2 01997. CITY OF RENTON ' HEARING EXAMINER To: , ` -•. Fred Kaufman;Hearing Examiner' ' . From: Lawrence J.Warren,City Attorney • - . Date: ;, .January 16,_1997.' . ` , 'Subject: Sheridan Appeal ,. ' You recently called and,asked about the,status of the Sheridan appeal. I talked with Mr:-Lutz,, ' attorney for the appellant:. He tells me that a,settlement'-intiprinciple has been reached, but the , parties are in the process:of exchanging;drafts of the,written settlement.agreement., He has asked , ` for a further continuance of the matter: , " " '' As counsel for the City.I join in that request.:Tarim:afraid that if.you issued a decision at this time it would give an advantage to one.of the settling parties and:destroy or 'seriously harmithe delicate' • , balance that.exists in their mutual'mterests:: If that;occurred,the settlement might disappear:;If the settlement disappears,your;decision will almost surely'.be appealed by either Mr. Sheridan or the .' City, and a great deal of time:,and money=will be expended. It would be much more preferable to " ' let the settlement proceed and hopefully obviate the need for your'issuing a decision. „ . If you need any further information please feel free to contact me: , ' Iawrence J. amen . LJW:as. ` cc: Jay.Covington. 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I •*-- -4.-....., 4 Of :: - EL ,---- 0111\ ell � �I II � {'• ...- ' �' • 'otty lb \ -o ' Cr GAS PIPELINE ecirnnh 1 __4_ '•i frio ��t� �A ��-S �r a Or • EX 4' GAS MAIN c ra.44610agial• J .7. •,----"'".; ilk r ' ' Z *�T�`i�� 41° •' A 00tIVIA'r-AO. inn m v_,.Q (4/-EX ARE HYDRANT r: : I:70..gr"W \ 1 jilt 4 13114 i II la i?1 .. .,.. le _...---.--; • \. * S \ 10 -di. k .- --* w d •low\ 1 1 , d.z. . .�//o/til 4 • z IIII L relit- �,�t.... lite ee, III _ _ _ -ti - f �' �''"- - ' �. { ram norcni ,i,,,,,,,,e,„..... ..st, so ..... ,,,v.P.IP i al ...• colvlecnon Z--.{--- - - . -s .�17 Iteriak , , ..,„.4-1\* sm- • ..„. .,,, .R . : :; RANT1 0 -.mai ;, �,�' k u r ... i , Jv/` - :i-4-.4.1-14-••••••:-.. eirz Imo lii 0 / ►�- "- �;::i: - : ....._....,. .... , Or T\ '."1-ji:-:;:**..i:•'...;::•;::. 4 i '1 , WATER QUALITY _ ' - I 1 SWALE I l I �- ;' r ' - :II I IL NEW I ' 0 - •� GUARD RAIL EX. �/ _� - � .� '• ram_ -mei• ft •I '1110 17;..0- AFFIDAVIT OF PUBLICATION Elaine Kahns, 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 NOTICE OF APPEAL HEARING RENTON HEARING EXAMINER RENTON,WASHINGTON a daily newspaper published seven (7)times a week. Said newspaper is a legal An Appeal Hearing will be held by the Renton Hearing Examiner at his regular newspaper of general publication and is now and has been for more than six months meeting in the Council Chambers on the prior to the date of publication, referred to, printed and published in the English language second floor of City Hall, Renton, Wash- continually as a daily newspaper in Kent, King County, Washington. The South County ington, on November 26, 1996 at 9:00 a.m. to consider the following petitions: Journal has been approved as a legal newspaper by order of the Superior Court of the APPEAL RE SHERIDAN BLDG. PERMIT State of Washington for King County. C950275 The notice in the exact form attached, was published in the South County appellant, The The appellant,Sheridan Properties,appeals Journal (and not in supplemental form)which was regularly distributed to the subscribers the Board of Public Works Administrative during the below stated period. The annexed notice, a Decision re Sheridan Building Permit C950275. Legal descriptions of the files noted Notice of Appeal Hearing above are on file in the Development Ser- vices Division,Third Floor, Municipal Build- as published on: 11/15/96 ing, Renton. Published in the South County Journal November 15, 1996. 2268 The full amount of the fee charged for said foregoing publication is the sum of$28.07 Legal Number VN2268 /tht Legal Clerk, South County Journal Subscribed and sworn before me on this_: day of A► 1 aY- , 1A b NryeFfy ,•Z,N1.•(-SION Fit-i%•-./tIN 4,1_,. .-1-ti--s-- Thif\, --411A-0-1-4N- Zif. ‘4.0 1 A R),:t;( * : ___ : * i Notary Public of the State of Washington O pu B�\G �:_ residing in Renton ;cn�9.�C 1°�;'`� King County, Washington lF�F WAS'.\\s fCIT1 JF REN.TON: Nall °' ` Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman October 29, 1996 Mr. R. Gerard Lutz , Perkins Coie 411 108th Avenue NE,#1800 Bellevue, WA 98004-5584 Re: Appeal of Administrator's Decision re Sheridan Building Permit#C950275 0 Dear Mr, Lutz: . • Your letter of appeal in the above matter has-been received ari a`da e t and time for said hearing have now been established. l,£ - , The appeal hearing has been set for`T'uesday November 26, 1a996,'at 9:00'a.m. in the Council Chambers on the second floor of City: Hall,Renton,Washington:;;Shouldyou 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 my secretary. Sincerely .. Fred J. Kau an : . Hearing Examiner cc• -..Mayor Jesse se T arin AA o smsisimtansttr at or.v 4'Cv on mayor's Executive t,Jayom Ctors.LawrenceJ:`Warren i `AtieY ' J ` - -Gregg.Zimmerm `Pub ic'Works 200 Mill Avenue South =Renton Washington 980.55,- (20_6)235-2593'.'. `, ,` .n►_ J CITY OF RENTON CITY TREASURER REG/RCPT : 02-42229 C:10-29-1996 CASHIER ID : J 12:14 pm A:10-29-1996 5007 APPEALS & WAIVERS $75.00 000.000.00.345.81.00.000003 TOTAL DUE $75.00 RECEIVED FROM: PERKINS COIE CHECK $75.00 TOTAL TENDERED $75.00 CHANGE DUE $0.00 .• PERKINS COIE A LAW PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ONE BELLEVUE CENTER,SUITE 1800 • 411 - 108TH AVENUE NORTHEAST•BELLEVUE,WASHINGTON 98004-5584 TELEPHONE: (206)453-6980 •FACSIMILE: (206)453-7350 October 21, 1996 Vie, UU 12 1, 1996 Mr. James Hanson, Chairman r I, ION Board of Public Works icy ? ; City of Renton 200 Mill Avenue South Renton, WA 98055 The Honorable Fred Kaufman Office of the Hearing Examiner 200 Mill Avenue South Renton, WA 98055 . Re: Appeal of Administrator's Decision (Code § 8-5-21(D)) Appeal to Hearing Examiner (Code § 4-8-10) Request for Permanent Deferment from Board of Public Works (Code § 2-3-2(D)) Dear Mr. Hanson and Mr. Kaufman: We represent Sheridan Properties L.L.C. ("Sheridan") in matters relating to construction of an automobile dealership facility in the City of Renton (the "City") under Building Permit# C 950275. The permit purports to require Sheridan to extend a sewer main in Maple Avenue SW. Sheridan does not believe that such a requirement is consistent with or appropriate under the Code of General Ordinances of the City of Renton (the "Code") or other applicable law, including without limitation the state and federal constitutions. There appear to be several alternative decisionmakers and procedures pursuant to which Sheridan may be relieved of the sewer main obligation. In the interests of efficiency, this submittal is intended to serve as the basis of Sheridan's request under each potentially applicable procedure. We will defer to the City to identify its preferred venue for resolution of these issues among the available alternatives. Therefore: [23538-0002/BA962920.072] ANCHORAGE BELLEVUE HONG KONG LONDON LOS ANGELES OLYMPIA PORTLAND SEATTLE SPOKANE TAIPEI WASHINGTON,D.C. STRATEGIC ALLIANCE:RUSSELL&DuMOULIN,VANCOUVER, CANADA Mr. James Hanson • Hon. Fred Kaufman October 21, 1996 Page 2. 1. Sheridan appeals the decision of the Administrator, Planning/Building/Public Works Department (the "Administrator"), issued on October 7, 1996 (the "Administrator's Decision"), interpreting Section 8-5-19(E) of the Code to require the sewer extension, and denying a modification of the Code pursuant to Code Section 8-5-21(B)to the Board of Public Works pursuant to Code Section 8-5- 21(D) to the extent of the jurisdiction of the Board of Public Works to hear such appeal. 2. Sheridan appeals the Administrator's Decision, interpreting Section 8-5- 19(E) of the Code to require the sewer extension, and denying a modification of.the Code pursuant to Code Section 8-5-21(B) to the Hearing Examiner pursuant to Code Section 4-8-10 to the extent of the jurisdiction of the Hearing Examiner to hear such appeal. 3. Sheridan requests the Board of Public Works to grant a permanent deferment, pursuant to Code Section 2-3-2(D), from any requirement to extend the sewer main in Maple Avenue.SW otherwise imposed upon Sheridan by the provisions of Code Section 8-5-19(E). BACKGROUND FACTS Sheridan is currently.constructing a new automobile dealership (the "Project") in the City of Renton in an area bounded by SW Grady Way on the north, I-405 on the south, Lind Avenue SW on the west and Maple Avenue SW on the east. During review of the civil engineering drawings for utility work related to Sheridan's proposal, City representatives indicated to Sheridan's civil engineers that a provision of the Code appeared to require Sheridan, as part of the Project, to extend a sewer line along the east side of Maple Avenue SW between SW 12th Street and SW 13th Street (the "Maple Avenue sewer line"). City representatives indicated that Section 8-5-19(E) of the Code is the basis for that assertion. The Project is unable to and will not connect to the Maple Avenue sewer line because a physical bather (a gas pipeline located in Maple Avenue SW between the Project and the Maple Avenue sewer line)precludes Sheridan from connecting the Project to the Maple Avenue sewer line. Because of that conflict, Sheridan is [23538-0002/BA962920.072] . 10/21/96 Mr. James Hanson Hon. Fred Kaufman October 21, 1996 Page 3 connecting the Project's sewer to the City sewer system in the area of SW Grady Way and SW Lind Avenue. On September 9, 1996, Sheridan requested the Administrator to interpret Code Section 8-5-19(E) as not applicable to the Project and, alternatively (in the event Code Section 8-5-19(E) was found to be applicable to the Project) to grant a modification pursuant to Code Section 8-5-21(B). Letter to Gregg Zimmerman from R. Gerard Lutz, September 9, 1996 attached hereto as Exhibit A. By letter stating his decision, the Administrator (i) determined that Code Section 8-5-19(E) applies to the Project and (ii) denied Sheridan's request and modification.. Letter to R. Gerard Lutz from Gregg Zimmerman, October 7, 1996 attached hereto as Exhibit B. Sheridan appeals both the Administrator's interpretation of the Code and denial of the modification. APPEAL OF ADMINISTRATOR'S DECISION A. Code Section 8-5-19(E) Does Not Apply to the Project. _ The Code requires that "[a]ll installations shall extend to and across the full width of the property served with sanitary sewer except when it is shown . . . that future extension of the sewer line is not possible or necessary." Code Section 8-5- 19(E) (emphasis added). Here, the Maple Avenue sewer line does not, nor will it ever, serve Sheridan's property. Sheridan's Project sewer installation connects to the City sewer system in the area of SW Grady Way and SW Lind Avenue. Future extension of that installation is not possible or necessary due to I-405, which prevents extension to the south, and the gas main in Maple Avenue S.W., which prevents extension to serve the properties to the east of Maple Avenue. B. A Modification Is Appropriate Because Applying the Strict Letter of the Code Is Impracticable. Section 8-5-21(B) of the Code provides that: Whenever there are practical difficulties involved in carrying out the provisions of this Chapter, the Administrator may grant modifications for the individual cases, provided they shall first find that a special individual reason makes the strict letter of the [23538-0002BA962920.072] 10/21/96 • Mr. James Hanson Hon. Fred Kaufman October 21, 1996 Page4 Code impractical, and that the modification is in conformity with the intent and purpose of this Code, and that such modification: 1. Will meet the objectives of safety, function, appearance, environmental protection and maintainability intended by this Code, based on sound engineering judgment. 2. Will not be injurious to other property(ies) in the vicinity. (Emphasis added.) Thus, the Code allows the Administrator to grant modifications when practical difficulties make strict compliance with the letter of the Code impracticable. Something is "practicable" when it is "feasible under the circumstances." Frey v. Security Insurance Co., 331 F. Supp. 140, 143 (WD. Pa. 1971), affd, 473 F.2d 103, (3d Cir. 1973). Here, although the Administrator suggested several ways the Project could connect to the Maple Avenue sewer main, those methods are not "feasible under the circumstances." The Administrator's suggestions involve relocation of a major gas pipeline that carries liquid petroleum products, use of a pump system with pressurized lines, or a significant change in elevation of the Project site. These suggested solutions may be humanly possible, but not at any reasonable cost. They are not possible or "practicable" under the circumstances. Thus, the Administrator's decision is contrary to law, arbitrary and capricious and not supported by substantial evidence. The Administrator also erred in concluding that the request for modification "would be injurious to other properties which will be served in the future by this sewer main." Zimmerman letter, p. 2. The Administrator's conclusion is again contrary to law, arbitrary, capricious and not supported by any competent evidence. His letter fails to identify which properties would be injured if Sheridan does not extend the Maple Avenue main sewer, and fails to identify the nature of those supposed injuries. There would be no injury, because nothing Sheridan is proposing would in any way preclude the property owners east of Maple Avenue SW from extending the sewer. Although he does not so state, the Administrator's conclusion of "injury" may be based on his assumption that costs not borne by Sheridan would be "shifted" to the other owners. That is not a reason to impose costs upon Sheridan for public improvements that will provide no benefit to Sheridan and which Sheridan will [23538-0002BA962920.072] 10/21/96 Mr. James Hanson Hon. Fred Kaufman October 21, 1996 Page5 not effect or impact by construction or use of the Project. Under the facts and circumstances in this case, Sheridan requests that the Board of Public Works or the Hearing Examiner(as to matters within their respective jurisdiction) find that the unique circumstances makes the strict letter of the Code impractical, to the extent it would otherwise require Sheridan to extend the Maple Avenue sewer line. REQUEST FOR DEFERMENT Code Section 2-3-2(D) empowers the Board of Public Works "[t]o consider and grant deferment of on- or off-site improvements under the terms and provisions of City.of Renton Code." Sheridan hereby requests a permanent deferment from a requirement to extend the Maple Avenue sewer line. The line does not and cannot practically serve the project. Briefly, the Project is not being served by the Maple Avenue sewer line. The Project is connecting to a different sewer main because it is not practicable to connect to the Maple Avenue sewer line due to preexisting conditions beyond Sheridan's control. Enclosed with this letter is a check for $75.00 as the filing fee for the appeal to the Hearing Examiner. Please advise the undersigned if there are any additional fees or forms required for the appeal to the Board of Public Works. Although this letter summarizes the basis for Sheridan's appeals and deferment request, Sheridan reserves the right to submit an additional briefmg and information prior to the date of the hearing(s). Ve ly o1 , d Lutz RGL:LSG:lsg [23538-0002BA962920.072] 10/21/96 E H IA t?( H btt • • PERKINS COIE A LAW PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ONE BELLEVUE CENTER,SUITE 1800 • 411 - 108TH AVENUE NORTHEAST• BELLEVUE,WASHINGTON 98004-5584 TELEPHONE: (206) 453-6980 • FACSIMILE: (206)453-7350 September 9, 1996 Gregg Zimmerman Planning/Building/Public Works Administrator City of Renton Municipal Building 200 Mill Avenue South Renton,WA 98055 . Re: Request for Interpretation or Modification of Section 8-5-19(E) of the Renton City Code Sheridan Properties L.L.C.Should Not be Required to Extend the Sewer Main in Maple Avenue S.W. Dear Mr. Zimmerman: We represent Sheridan Properties L.L.C. ("Sheridan")in matters relating to construction of an automobile dealership facility in the City of Renton(the"City")under Building Permit#C 950275. Sheridan requests an interpretation of Section 8-5-19(E)of the Renton City Code(the "Code"),or, alternatively a modification based on circumstances that make strict Code compliance impracticable,pursuant to Section 8-5-21(B)of the Code, so that Sheridan need not extend a sewer line in Maple Avenue S.W. BACKGROUND FACTS Sheridan is currently constructing a new automobile dealership(the"Project")in the City of Renton in an area bounded by S.W. Grady Way on the north,I-405 on the south,Lind Avenue S.W. on•the west and Maple Avenue S.W. on the east. During review of the civil engineering drawings for utility work related to Sheridan's proposal, City representatives indicated to Sheridan's civil engineers that a provision of the Code appeared to require Sheridan, as part of the Project,to extend a sewer line along the east side of Maple Avenue S.W. between S.W. 12th Street and S.W. 13th Street(the "Maple Avenue sewer line"). On informal inquiry,I was advised by Neil Watts that Section 8-15-19(E)of the Code is the basis for that assertion. The Project is unable to and will not connect to the Maple Avenue sewer line because a physical barrier(a gas pipeline located in Maple Avenue S.W. between the Project and the Maple Avenue sewer line)precludes Sheridan from connecting the Project to the Maple Avenue sewer [23538-0002/BA962110.026] ANCHORAGE BELLEVUE HONG KONG LONDON LOS ANGELES OLYMPIA PORTLAND SEATTLE SPOKANE TAIPEI WASHINGTON. L, J Mr. Gregg Zimmerman City of Renton September 9, 1996 Page 2 line. Because of that conflict, Sheridan is connecting the Project's sewer to the City sewer system in the area of S.W. Grady Way and S.W. Lind Avenue. There would be no practical benefit to adjacent property owners if Sheridan extended the sewer it is installing across the length of its property,because I-405 and the utilities in Maple Avenue would preclude others from tying into such a line. The engineering issues and utility conflicts are described in more detail in the attached August 26, 1996 letter written by Bill Orth of Pacific Engineering Design Inc. If further data are ' desired,please let me know. Discussion A. Section 8-15-19(E) applies to the "Installation" Sheridan is making,Not the Maple Avenue sewer line Based on the particular facts in this case, Section 8-15-19(E)does not require Sheridan to extend the Maple Avenue sewer line. 1. Section 8-15-19(E)not apply to the Maple Avenue sewer line Section 8-15-19(E)requires that"jaill installations shall extend to and across the full width of the property served with sanitary sewer except when it is shown. . . that future extension of the sewer line is not possible or necessary." (Emphasis added.) Here, Sheridan's property will not be served by the Maple Avenue sewer line. The Project will be served by a different sewer. Therefore, Section 8-15-19(E)does not apply to the Maple Avenue sewer line. 2. Section 8-15-19(E)does not require extension of the installation Sheridan is making,because future extension of such a line would not be necessary or possible The sewer line Sheridan is installing to connect to the City's sewer at Grady and Lind is the "installation"referred to in Section 8-15-19(E). However,I-405 abuts Sheridan's property to the south, and property owners to the east of Sheridan's property cannot connect to the sewer line serving the Project because of the gas and utility lines in Maple Avenue. Therefore, future extension of the sewer line serving the Project(to the full width of the property served)would serve no purpose,since future extension of the line(by owners to the south of I-405 or to the east of Maple Avenue)is not possible. Under the express provisions of Section 8-15-19(E),the sewer line that will actually serve the Project(the connection to the City sewer at Grady and Lind)need not be extended to the full width of the property served(the Sheridan property). [23538-0002/BA962110.026] 9/9/96 Mr. Gregg Zimmerman City of Renton September 9, 1996 Page 3 B. Alternative Relief-Request for Modification If Section 8-15-19(E)is interpreted as requiring the scope of the Project to include an extension of the Maple Avenue sewer line, Sheridan requests that the Administrator grant Sheridan a modification. Section 8-5-21(B)of the Code provides that: Whenever there are practical difficulties involved in carrying out the provisions of this Chapter,the Administrator may grant modifications for the individual cases,provided they shall first find that a special individual reason makes the strict letter of the Code impractical, and that the modification is in conformity with the intent and purpose of this Code, and that such modification: 1. Will meet the objectives of safety,function, appearance, environmental protection and maintainability intended by this Code,based on sound engineering judgment. 2. Will not be injurious to other property(ies)in the vicinity. (Emphasis added.) In this case, Sheridan's request for modification falls within the parameters established in the Code. The presence of the gas pipeline in Maple Avenue creates a practical difficulty precluding the Project from ever using the Maple Avenue sewer line. Sheridan must therefore connect the Project to the City sewer system at a different location. That connection will meet the objectives of safety,function, appearance, environmental protection and maintainability intended by the Code, and will not be injurious to other property(ies)in the vicinity. Sheridan's requested modification conforms to the intent and purpose of the Code. The Project will never use or be benefited by the Maple Avenue sewer line. The Project has no effect on the Maple Avenue sewer line or the ability of others to extend or use the Maple Avenue sewer line. Other properties will be the sole beneficiaries of any extension of the Maple Avenue sewer line. In this case, there is no essential nexus between development of the Project and a need to extend the Maple Avenue sewer line. See Nollan v. California Coastal Comm'n, 483 U.S. 825, 834(1987). And failing that test, an obligation imposed on Sheridan to extend the Maple Avenue sewer line could not be roughly proportional to the impact of the Project on the Maple Avenue sewer line. See Dolan v. Tigard, 114 S. Ct. 2309 (1994). The City thus lacks constitutional authority to impose such a requirement- and the requested modification would serve the additional purpose of conforming the Code, as applied,to the requirements of the federal and state constitutions. [23538-0002fBA962110.0261 9/9/96 Mr. Gregg Zimmerman City of Renton September 9, 1996 Page 4 Equitably and legally, any extension of the Maple Avenue sewer line should be constructed and paid for by those who would impact or be specially benefited by it. If Sheridan otherwise needs the requested modification, it is justified. CONCLUSION The Project will not and cannot be served by the Maple Avenue sewer line. No one south or east of the Project could use the Project sewer if it were extended past the proposed Sheridan facilities. Therefore, Sheridan requests an interpretation that Code Section 8-5-19(E), which requires sewer installations be extended across the full width of the property they serve, does not require Sheridan to extend the Maple Avenue sewer line as an element of the Project. Alternatively, Sheridan requests a modification of Code Section 8-5-19(E), as applied to Sheridan's Project,pursuant to Code Section 8-5-21(B). Thank you for your consideration of this request. Very yo w R. Zrard Lutz RGL:LSG:lsg cc: Sue Carlson(w/encl.) Larry Warren(w/encl.) Neil Watts(w/encl.) Howard Sheridan(w/encl.) Bill Walker(w/encl.) Bill Orth(w/encl.) • [23538-0002/BA962110.0261 9/9/96 PACIFIC ENGINEERING DESIGN INC. CIVIL ENGINEERING AND PLANNING CONSULTANTS • ti. August 26, 1996 .1) S4. j996 Mr. R. Gerard Lutz Perkins Coie One Bellevue Center 411 - 108th Avenue NE, Suite 1800 Bellevue, WA 98004 SUBJECT: Sanitary Sewer Service Extension In Maple Avenue Good Chevrolet Project No.: 95-63 Dear Mr. Lutz: This letter is in response to your request for an analysis of sanitary sewer service options for the above project. The best available connection point for this project was selected after analyzing all the available existing utility information provided by both the City of Renton and site topographical surveys prepared by ESM. Two possible connection points (one to the north and one to the northeast) were considered as possibly being available to serve the Good Chevrolet site (see sketch enclosed as Attachment 1). However, the northeasterly (Maple Ave SW) connection point is inaccessible because of existing storm, gas and water mains in the right-of-way. This letter addresses facts concerning the northeasterly sewer main and the conflicts which preclude extending service from that main to the Good Chevrolet site. Proposed Extension Conflicts Maple Avenue SW, between SW 12th and SW 13th Streets, has three existing utilities located within the Right Of Way. In plan view from west to east there is: Existing Elevation Invert West ROW Utilities (Bottom of Pipe) , Offset 1. 18" storm main 12.0 - 14.0 (sloping) 13' feet 2. 20" gas main 12.5 (flat) 19' feet 3. 12" water main 14.0 (flat) 46' feet (See Attachment 2) GREG A. DIENER PE. JOHN R. NEWELL P.E. RICHARD A. TCMK,NS PE. an ANIMIVPR PARK E.A. T.S SUITE 300. SEATTLE. WASHINGTON 9B 1 Be FAX/431-7975 20S/.3 1-7970 Mr. Gerard Lutz - 2- August 26, 1996 Good Chevrolet Sound Mazda, located on the eastern side of Maple Avenue SW, between SW Grady Way and SW 12th Street, is proposing to extend a new 8 inch sewer main southerly along the east side of Maple Avenue SW from an existing manhole between SW Grady Way and SW 12th Street in an area of Maple Avenue SW designated by the City of Renton for sanitary sewer. Sound Mazda proposes to install a new manhole at the intersection of SW 12th Street and Maple Avenue SW. Also, Sound Mazda will be extending a new 8 inch main easterly along SW 12th Street to its site. Main line sewer could be extended southerly from this manhole along the eastern side of Maple Avenue SW. Extending this main southerly would place it between the existing 20 inch gas and 12 inch water mains. The proposed invert on the new manhole at the intersection of SW 12th Street and Maple Avenue SW is approx. 11.6 feet. If a new 8 inch sewer main is extended southerly along Maple Avenue SW at the minimum 0.4 percent slope its invert will match or be slightly above the 20" gas main's invert for most of the Maple Avenue SW frontage of the Good Chevrolet site. Extending 6 inch side sewer service (at the minimum slope of 2.0 percent) from this main westerly would intersect the 20 inch gas main. The gas main precludes Good Chevrolet from connecting to the sewer main. You have also asked whether it would be practical for property owners to the east or south of the Good Chevrolet site to connection to a sewer line, if one were constructed, extending across the Good Chevrolet site from the selected point of connection (at SW Grady Way and Lind Avenue SW) to the southern or eastern boundary of the Good Chevrolet site. Again, the answer is no. The Good Chevrolet site is bounded to the south by the 1-405 right-of-way and property owners to the east would be precluded from making such a connection due to the gas and water mains in Maple Avenue SW. Summary Although the north connection involves installing a much longer connection for Good Chevrolet for side sewer, it was only the practical alternative because of the conflict with the existing 20" gas pipeline in Maple Avenue SW. The line to the north connection is limited to serving the Good Chevrolet site. And, because the Good Chevrolet site abuts the 1-405 freeway to the south, it would provide no benefit to extend the north connection. line beyond the Good Chevrolet's proposed new building because the freeway and the Maple Avenue SW sewers are barriers to any future connections to such a line by neighboring owners. Mr. Gerard Lutz - 3 - August 26, 1996 Good Chevrolet The existing 20 inch gas main in Maple Avenue SW prevents any practical connection of new sanitary sewer service for the Good Chevrolet site. This line (and any extension of this line) can only benefit the properties to the east along Maple Avenue SW. Please call if you have any questions of comments. Sincerely, • PACIFIC ENGINEERING DESIGN, INC. 6at atitie • Bill Orth Project Manager BCO:Ikr Attachments cc: Mr. Howard Sheridan - Good Chevrolet Mr. Bill Walker-Walker and Associates , X B ....-- 1 -71 �y - CITY OF RENTON - sal Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator 0 October 7, 1996 �J' FLefo R. Gerald Lutz ,4451 Perkins CoieLG One Bellevue Center, Suite 1880l+„, 411 - 108th Avenue Northeast �~ Bellevue, WA 98004-5584 Dear Mr. Lutz: Subject: Modification Request for Sewer Main Extension Good Chevrolet Site on SW 12th St and Maple Ave SW We have reviewed your request for waiving the requirement for a sewer main extension along Maple Ave SW adjacent to the new Good Chevrolet project. Your request for waiver first asks that the City reconsider whether the City Municipal Code requires the extension in•the first place, and second asks the City to approve a waiver of the extension'as a modification of the project requirements. After review of the issues involved with this sewer main extension requirement, we have determined that the sewer main extension in Maple Ave SW is a Code requirement, and cannot be waived through the modification process as requested. There are two pertinent items related to this request which support the requirement that this project bear the responsibility for extending the public sewer main in Maple Ave SW from SW 12th St to SW 13th St, regardless of where the service connections are made to the site development. The two items are the Code requirement for sewer main extensions (Section 8-5-19E).and the modification.criteria(Section 8- • 5-21B): These two Code sections are listed below: Section 8-5-9E. Sanitary Sewer Mains: All persons or local improvement districts.desiring to install sanitary sewer mains, as an extension of Renton's sewer system, must extend said mains under the supervision of the wastewater utility. All installations shall extend to and across the full width of the property served with sanitary sewer except when it is.shown by engineering methods, to the satisfaction of the wastewater utility. that future extension of the sewer main is not possible or necessary. If an exemption is granted, the property owner is not relieved of the responsibility to extend the main and shall execute a covenant agreeing to participate in an extension if, in the future, the wastewater utility determines that it is necessary. No property shall be served by City sewer unless the sewer main is extended to the extreme boundary limit of said property as required by this Section. Any facility improvements identified by the current adopted long-range wastewater management plan (comprehensive'sewer system plan) that are not installed or in the process of being installed must be constructed by the property owner(s) or developer(s) desiring service. All public sewer extensions shall conform to the standards and be consistent with the City comprehensive sewer system plan.. Section 8-5-21 B. Modifications: Whenever there are practical difficulties.involved,in carrying out the provisions of this Chapter. the Administrator may grant modifications for the individual cases, provided they shall first find that a special individual reason makes the strict letter of the Code impractical, and that the modification is in conformity with the intent and purpose of this Code, and that such • modification: 1. Will meet the objectives of safety, function,appearance,environmental protection and maintainability intended by this Code, based on sound engineering judgment 2. Will not be injurious • to other property(ies) in the vicinity. • PerkinsCoie Good Chevrolet 2-10/7/96 • Based on Section 8-5-19E, it is clear that this project is required to extend the sewer main in Maple Ave SW to SW 13th St. The Code requires construction of new sewer main to`bxtend to and across the full width of the property served." There is no waiver listed for that portion of the new sewer main beyond the service connection(s) to the site development. The exemptions listed in this section of the Code do not apply, since the subject sewer main extension is possible and necessary to serve other properties in the area. Your discussions about service connection points and feasibility of connection to the main in Maple Ave SW are not relevant to this Code section. However, connection could be made from the development site to the main in Maple Ave SW by (1) use of a pump system, with a pressurized line over the utility conflicts; (2) relocating the utility lines in conflict with the service connection grade; or (3) raising the grade of the site to allow for gravity flow connection over the utility conflicts. Based on the criteria listed in Section 8-5-21B, your request to eliminate the construction of this section of sewer main by a Code modification cannot be approved. It has not been demonstrated that the construction of this section of sewer main is impractical, as required to justify a modification request. The requested waiver is not in conformity with the intent and purpose of the Code, which stipulates that the developer of a project is responsible for construction of sewer mains in all adjacent right-of-ways. The request to modify the main extension construction by waiving the requirements entirely would not meet the function of having a sewer main in Maple Ave SW. Finally, granting of this modification request would be injurious to other properties which will'be served in the future by this sewer main. • In summary, the request for a waiver of the requirement for construction of an 8"sewer main in Maple Ave SW from SW 12th St to SW 13th St for the Good Chevrolet project.is denied. City Code requires construction of sewer mains across the full width of the property, except when it is not possible or necessary. The construction of this sewer main is possible, and a necessary portion of the City sewer main•system. The requested waiver is not eligible for modification consideration, since the main construction is not impractical, and the waiver of the main construction would not meet the intent and • purpose of the Code. .If the requested waiver were eligible for modification consideration, it could not be granted since the waiver would not meet the function of an 8"sewer main, and would be injurious to other properties: - If you have any questions regarding this request, or other construction_aspects of the project, please feel . free to contact the project plan reviewer, Paul Lumbert at 277-6204-: Sincerely, - ,2 e GreggZifmmcerm n Administrator, Planning/Building/Public Works Department • pc: I'aul Lumbert Mary Burgy Dave Christensen R .1-1: Div/DevServ/PlanRev,Good-Sew