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HomeMy WebLinkAboutLUA96-143 (2) BEGINNING OF FILE FILE TITLE CA f Q / -m. /43 SEP-26-1996 12:28 CAIRNCROSS HEMPELMANN r.e161/0104 / 1//' CLAW OFFICES (r — 143 C I CROSS & HEMPELMANN, P.S. A CM'A PRUPIis9IONAL SERVICE CORPORA110N 70TH FLOOR,COLUMBIA CENTER 701 FIFTH AVENUE (206)587-0700 SEATTLE,WASHINGTON 98104-7016 FAX: (206) 587-2308 LE IThR OF TRANSMITTAL September 26, 1996 • Original to follow via: Q U.S. Mail d Overnight Delivery ' El Rand Delivery To: Don Erickson • City of Renton Facsimile: 277-6181 ), Telephone: 277-4455 From: Alan L. Wallace Number of pages, including this cover: (-1- Please call at(206) 587-0700 if you do not receive all pages. Re: Declaration of Restrictive Covenants ' File No.: 4837-001 Remarks. Attached is language that we discussed that would clarify the purpose and effect of Order No. 4584 and the conditional approval permit the City granted for the Tonda's apartments. Upon your approval, I will revise the covenant form for its recording. Thanks for your assistance with this matter. cc: E. Tonda(by mail) This facsimile communication is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged and confidential. If the reader of this cover page is not the addressee, or the employee or agent of the addressee, please be advised that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this facsimile in error,please notify us immediately by telephone and mail this facsimile tows at the above address. Thank you. SEP-26-1996 12:29 CAIRNCROSS HEMPELMANN P.002/004 WHEN RECORDED RETURN TO: Office otthe City Chair. project Fla M , .. Renton Municipal Building PEQ A OJ QF tea Mill Avenue South RESTRJCTIVE COVIZaliTS Parcel Tau Account Aga Rattos,WA9805S Otentot(s)Nams .._ RTSQ WHEREAS, ....r • dames of property owners) V + are the owners of the following real property in the City of Renton, County of King, State of Washington,DESCRIND AS EXHIBIT "A"ATTArrEQ 1;FUETQ 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. frnert Cie 1h/ 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 foIlows:.. . • V‘L.. pURATIOly • • These covenants shall run with the land and•expire at the termination of the Conditional Approval Permits referenced herein: Flat 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, . r structure,or both,shall terminate without necessity of further documentation. SEP-26-1996 12:29 CAIRNCROSS HEMPELMRNN P.003/004 • . INSERT . .. • WHEREAS,the following restrictive covenants solely concern the terms by which the City of Renton has granted a conditional approval permit for the above-described real property pursuant to City Ordinance No: 4584. This.ordinance and the,conditional approval permit allow greater flexibility in rebuilding the nonconforming structure and maintaining the nonconforming • use upon this property than the City of Renton Zoning Code and nonconforming use regulations currently otherwise allow; WHEREAS, City of Renton regulations of this date normally prohibit re-establishing the nonconforming use and/or structure when.,loss or damage to a nonconforming structure exceeds fifty (50%)percent of its most recently assessed or appraised value prior to the loss or damage; WHEREAS,neither the conditional approval permit that the City grants for the above-described real property nor these covenants affect in any manner the right to re-establish the nonconforming use or to rebuild the nonconforming,structure that inheres to the currently existing use of this property where the costs associated with re-establishing the use and/or structure do not exceed fifty(50%)percent of their most recently.assessed value; WHEREAS,the currently existing nonconforming use upon the aforesaid real property is a four-unit apartment located at 518 Williams Avenue North,Renton, Washington; . r • 3S545I,M12 • • • • • • • • is • SEP-26-1996 12:29 CAIRNCROSS HEMPELMANN P.004/004 • • } Conditionat•Approval Permit Conditions . for Property at S111 Williams Avenue N.:. . vvhtcla p0rIG ' GovnvVL lc& 'yWii1 1 14 of • ec;vrei I�.cf �'��%d .L ema t-rt f. a. The conditional approval permit or th 'saag'use,four-unit apartment,shall be in effect for a period not exceeding ten(10)year§ If a Catastrophic loss of tlia.original structure occurs within the conditional approval permit peri do and the site is not redeveloped.within two years,the conditional approval permit for the non-conforming use shall be revoked. • ' : -If1e /ume .' .: b. The conditional approval permit for the existing structure, a two-story,.4-unit apartment building, shall be in effect for 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 i. years of such a loss,the conditional approval.permit for.the nor-conforming structure shall be revoked. c. An application for site plan review shall:be made•if'a catastrophic loss or an accumulative Ioss greater than fifty percent (50%)'of the'assessed value•of the'structure occurs during the hie of this permit. The replacement structure shall be reviewed to.ensure that it is architecturally in character in terms of its roof treatment, setbacks, etc.,with the surrounding area at that.time and, that it complies with all relevant building'cedes and the existing.zoning codes then in place.to the extent possible. d. 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 be reestablished unless done so'consistent with all.codes'and regulations then in existence. • • I4 } • •• • • • • • • • • • • • is 626sHTC1CDOC1 ' f:.•?.•'rrF 11FFFF..{ .r.%fr?{1'%'s.v.'r.:rr{F.•im.r:yF:::•:'^::::r•rr:rrx•••• - . :��//:...:/: f..r7..i rY.. ..F..r: Fi. :r{{ rrrq??rl:S�fr'{l./ '::r%{ %vH•%:•': {rr{F{r r�{HY:?v{c'i..:'.!'r rrt:� r.:vv{r. �•ii,.w.•�r.�:• rr.:r.:... rry r:r:•y ' ..n/:: ..f..:.::::{?•:::::::.:../..•:{:{. {:.:..r:/.:.{•:::.:/../:... ../.:. ::v/..:/..fI'/:" :::rr{., .;./.•.•::f :y?r?•:rr r. �:!/..•..r :f ../......... ./.•::•....//.•..i.;;f..,/,:.:r::f//r'f"•,'.;r,.;:.�F';:;:.. :r.. ..1.:'.•:•.: .f//.r:. :r:•::�rf'c'::::f.v:r:{•r.: .rr' .fff: /.. .:./.. ::......r...r.:.:a%%;%;%:::::r..r:::..•::...{ff.:%,?{ :::%::•%::u.%::;{:::.✓errr..:;:::{{{y:..,uufF:f...:.:r.{{v::,r,.•.:{.F{{{•:•'�.r:{..:rr•/r',':: .ff ff r:...� r{ ±, CERTIFICATE OF `" 4 F CONDITIONAL APPROVAL f { z FOR A NONCONFORMING USE AND STRUCTURE . ' 55. City of Renton File Number: LUA-96-143, CAP { o Location: 518 Williams Avenue North Business Name (If applicable): Lila J. Apartments 4 King County Assessor's Property Identification Number: 722450-0230 x f i 1 Background: The City in June 1993 zoned the subject site to the Single Family (now 1 R-8) Residential Zone. Formerly, the site was zoned R-4, Residential Multi-Family. The property:owner requested a conditional approval permit in order to permit the existing f fourplex use and building to be re-established in the event of a catastrophic loss to the r structure. f F Description of non-conforming use and 'structure granted Conditional Approval: 0 0 The subject site contains a four-unit apartment building on approximately 5000 square j fi feet. The fourplex is located in a predominantly single family area in North Renton. The } 1 existing fourplex building is a two-story, wood-frame rectangular structure with a flat roof. It is approximately 30 feet by 70 feet in size. Entrances to the individual units are located on the west side of the structure. The front yard setback is approximately 10 1 feet and is landscaped with evergreen shrubs. The westerly setback is also 0k approximately 10 feet. Four on-site parking spaces are provided. 0 Date of Conditional Approval: City_Council approved on April 1, 1996. . Restrictive Covenants recorded November 18, 1996. f { 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 property owner must comply with all of the conditions listed on the attached 'Declaration of Restrictive Covenants"recorded with King County under #9611181281 in order for this approval to remain valid. This permit will expire on April 1, 2006 unless the original approval body 1 • grants an extension. 4 • Conditions of Approval: See attached 'Declaration of Restrictive Covenants"dated 10/25/96. . i< 51 Transferability: This permit is transferable to, and binding upon, future purchasers, heirs and assigns and runs with the land. f iii Benefits of this Permit: This permit entitles the nonconforming structure and use to be .f remodeled, reestablished, or rebuilt even though the cost to remodel or reestablish the use or structure would exceed 50% of the most recently assessed or appraised value. { �i �� 4�� TtJ Approved by the City of Renton Date { driDevelopment Services Division Director :;%:!/r'r:•}}iii::?;%::?:ii ;::•y:r{{{:'{: rrr {.};{:.v::::: . .v:.v:::x::x. •x:n::::nvn•r ::r:.v:::rr.;.; v.•:.v.vx::::x.rr:rr::u::.•r:r::x::nvv:...rv.:r:F% !�iii:•ii n;i{{{{rn;{:: :..f......u. %% ....:.:•.:::w•::::::v:v::::•. .:...:..:�:m:.:•............:w::::::.........::....:......n:::•:.v:•r.•t:vr,...:.:::::r::::::::::...:::.v:. :::::.. ...:...•::r:....r:r.....r ...:.n....:,::.. ....:..............................r.n........... . .....................:...n............:........n.......,.........v..........................r.:ti�F:•?: i..........r.......rr...........r......:r.......r.....r...........n..:r..r.n:x..r....v. CITY OF RENTON CITY CLERK'S OFFICE MEMORANDUM DATE: 13-Dec-96 TO: Laureen Nicolay FROM: Lisa Stephens, ext. 2501d . SUBJECT: Recorded Document The attached document has been recorded with King County, and is being returned to you. Copies have been sent to Mr. & Mrs. Tonda, and will be placed in land use file #CAP-96-143. Restrictive Covenant, Ernest & Lila Tonda Conditional Approval Permit, Rec # 9611181281 Thank you. Enclosures: (2) f r• WHEN RECORDED RETURN TO: Project File# WA'10'/'f ,�p Office of the City Clerk Parcel Tax Account#s .72Z 45-0—0230- Renton Municipal Building Grantor(s)Name Tondo, 200 Mill Avenue South RTSQ R5-r 3 S&G�J Renton,WA 98055 DECLARATION OF RESTRICTIVE COVENANTS 1 WHEREAS, Ernest J. Tonda and Lila J. Tonda, husband and wife, are the owners of the following real property located at 518 Williams Avenue North in the City of Renton, County of King, State of Washington, DESCRIBED AS FOLLOWS: Lot 20, Block 13, Renton Farm Plat No. 2, according to the plat .,� recorded in Volume 11 of Plats;page 32, in King County, , Washington. T CZ) WHEREAS, the owner(s) of said described property desire to impose the following restrictive covenants running with the lands as to use,present and future, of the attached described real property; to �' C`) WHEREAS, the following restrictive covenants solely concern the terms by which the City of Renton has granted a conditional approval permit for the above-described real property pursuant to City Ordinance No. 4584. This ordinance and the conditional approval permit allow greater flexibility in rebuilding the nonconforming structure and maintaining the nonconforming use upon this property than the City of Renton Zoning Code and nonconforming use regulations currently otherwise allow; • WHEREAS, City of Renton regulations of this date normally prohibit re-establishing the nonconforming use and/or structure when loss or damage to a nonconforming structure exceeds ti fifty (50%) percent of its most recently assessed or appraised value prior to the loss or damage; WHEREAS, neither the conditional approval permit that the City grants for the above-described real property nor these covenants affect in any manner the right to re-establish the nonconforming use or to rebuild the nonconforming structure that inheres to the currently existing use of this property where the costs associated with re-establishing the use and/or structure do not exceed fifty(50%)percent of their most recently assessed value; and WHEREAS, the currently existing nonconforming use upon the aforesaid real property is a four-unit apartment located at 518 Williams Avenue North, Renton, Washington; M 1 . 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 thd undersigned,their successors,heirs, and assigns as follows: A. The conditional approval permit for the existing use, four-unit apartment, 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 conditional approval permit for the non-conforming use shall be revoked. B. The conditional approval permit for the existing structure, a two- story, 4-unit apartment building, 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 of such a loss,the conditional approval permit for the non-conforming structure shall be revoked. C. An application for site plan review shall be made if a catastrophic loss or an accumulative loss greater than fifty percent(50%) of the assessed value of the structure occurs during the life of this permit. The replacement structure shall be reviewed to ensure that it is architecturally in character in terms of its roof treatment, setbacks, etc.,with the surrounding area at that time and,that it a"1 complies with all relevant building codes and the existing zoning codes then in place, to the extent possible. e D. The extent of the existing non-conforming building that may be replaced with additional nonconforming 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 be reestablished unless done so consistent with all codes and regulations then in existence. DURATION These covenants shall commence running with the land upon the date of their recording 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 nonconforming use, structure, or both, shall terminate without necessity of further documentation. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior • 4 1. Court of King county by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. Dated: Octobej &1996. Ernest J. Tonda VLi1a J. TQ da STATE OF WASHINGTON ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that Ernest J. Tonda and Lila J. Tonda signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: C� Notary Pub lc i d for the State of Washington Notary(Print)ylif J L Y,V P���e•Z�t/ My appointment expires) /0 — )r- 0.4DO I reside at: KgNToN 261071.M12 G 0/0 rl v4 v4 !'4 3 • CITY OF RENTON MEMORANDUM DATE: November 5, 1996 TO: City Clerk's Office FROM:�` Laureen Nicolay, Development Services Division, Extension #5594 • SUB T: Restrictive Covenants Lila J. Apartment Building/Tonda Conditional Approval Permit for a Nonconforming Structure and Use, 518 Williams Avenue N, File #LUA96-143-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: Ernest J. Tonda 528 Edmonds Ave NW . Renton, WA 98056 Thank you. . •• CIT.. OF RENTON 'rmIL I Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren , • MEMORANDUM CITY ofNron+ • NOV 0.1 1996 To: Laureen Nicolay,Associate Planner ' UtVtWr.u.uv' `a From: Lawrence J. Warren, City Attorney DMS�oN', Date: October 31, 1996 Subject: Draft:Declarations of Restrictive Covenants for (1)'Lila J: Apartment' :"':= -Building owned by Ernest and Lila Tonda and(2)Key Trucking, Inc: owned ' .b Casta o Y GAY. � : :.• '=� ;-.."t.._ a,+, ham• :4. ;;day. r r� a bo �refe enced docuriients`arid�tle same" 'r �1 �f have evew d tlie•'a v are^app owed as`to, egal orm: kf . . .a ::f fir- _r, - .;' •',r: • . ,F.,, w. .I;awrence�J. amen. LJW:as: • ' is°:t>. cc: Jay Covington :', • A8:127.75. ,, • • • • • • • • • • • Post Office Box 626 - 100 S. 2nd Street- Renton, Washington 98057 - (206)255-8678 li]Tl.ic na nn.nnnle,nc 5fl%rnrvnlnd.,-. * .4 l 7/1e%nn�r nnnc,,..,er - WHEN RECORDED RETURN TO: Project File# Office of the City Clerk Parcel Tax Account#s Renton Municipal Building Grantor(s)Name 200 Mill Avenue South RTSQ Renton,WA 98055 DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, Ernest J. Tonda and Lila J. Tonda,husband and wife, are the owners of the following real property located at 518 Williams Avenue North in the City of Renton, County of King, State of Washington, DESCRIBED AS FOLLOWS: Lot 20, Block 13, Renton Farm Plat No. 2, according to the plat recorded in Volume 11 of Plats,page 32, in King County, Washington. WHEREAS,the owner(s) of said described property desire to impose the following restrictive covenants running with the lands as to use,present and future, of the attached described real property; WHEREAS,the following restrictive covenants solely concern the terms by which the City of Renton has granted a conditional approval permit for the above-described real property pursuant to City Ordinance No. 4584. This ordinance and•the conditional approval permit allow greater flexibility in rebuilding the nonconforming structure and maintaining the nonconforming use upon this property than the City of Renton Zoning Code and nonconforming use regulations currently otherwise allow; WHEREAS, City of Renton regulations of this date normally prohibit re-establishing the nonconforming use and/or structure when loss or damage to a nonconforming structure exceeds fifty (50%) percent of its most recently assessed or appraised value prior to the loss or damage; WHEREAS, neither the conditional approval permit that the City grants for the above-described real property nor these covenants affect in any manner the right to re-establish the nonconforming use or to rebuild the nonconforming structure that inheres to the currently existing use of this property where the costs associated with re-establishing the use and/or structure do not exceed fifty (50%)percent of their most recently assessed value;,and WHEREAS,the currently existing nonconforming use upon the aforesaid real property is a four-unit apartment located at 518 Williams Avenue North,Renton, Washington; 1 ,. 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: A. The conditional approval permit for the existing use, four-unit apartment, 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 conditional approval permit for the non-conforming use shall be revoked. B. The conditional approval permit for the existing structure, a two- story, 4-unit apartment building, 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 of such a loss,the conditional approval permit for the non-conforming structure shall be revoked. C. An application for site plan review shall be made if a catastrophic loss or an accumulative loss greater than fifty percent(50%) of the assessed value of the structure occurs during the life of this permit. The replacement structure shall be reviewed to ensure that it is architecturally in character in terms of its roof treatment, setbacks, etc.,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. D. The extent,of the existing non-conforming building that may be replaced with additional nonconforming 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 be reestablished unless done so consistent with all codes and regulations then in • existence. DURATION These covenants shall commence running with the land upon the date of their recording 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 nonconforming use, structure, or both, shall terminate without necessity of further documentation. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior 2 ' • Court of King county by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. Dated: Octobe, 1996. 4/2//1-/Z)-; Ernest J. Tonda (/Lila J. T da STATE OF WASHINGTON ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that Ernest J. Tonda and Lila J. Tonda signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. ,Dated: Notary Pubic i d for the State of Washington Notary (Print)Al AC L Y,V pet—eE / My appointment expires) /0 — 02000 • I reside at: ''NTON 261071.M12 3 S , THE CITY OF RENTON DEPARTMENT OFxs;4 :?W„ x t PLANNING/WILDING/PUBLIC WORKS v}}N>::, , FOURTH FLOOR :'::1 . 'yr:n::x::: 200 MILL AVENUE SOUTH V •sc :S} RENTON WASHINGTON 98055-2189 '' vfi:.a FAX 235-2541 .}:n ■ ■ ■ ■ ■ ■ • FYrn:•.'v':•ri::•::•:�`4YxCixx}nv.7:`eii.�it'-.;+`h"xl7•.•.' ..✓J To: Al Wallace Company: Phone: 587-0700 Fax: 587-2308 From: Don Erickson Company: Planning & Technical Services Phone: 277-6181 Fax: 277-4455 Date: 09/25/96 Pages including this cover page: 3 . Comments: - Attached is the only info I could find on this for you. Council did not do a resolution, but rather adopted the recommendation of the Planning&Development Committee that to approve the nine (9) CAP applications it heard at a public hearing on February 19, 1996. If you have any questions, please give me a call. • . �►.., A CITE JF.:RENTON - . • - : Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E,Administrator • August 20, 1996 Ernest J. Tonda . • ' 528 Edmonds Avenue NW Renton,WA 98056-3636 • • • • SUBJECT: CLASS A NONCONFORMING USE/STRUCTURE REQUEST,518, • WILLIAMS AVENUE N. • • Dear Mr. Tonda: •. • Although you were notified of the public hearing on February 19th of this last year, in reviewing our files it appears that you may not have been formally notified of the City Council's action this last spring in approving nine (9) conditional approval permits for nonconforming uses/structures resulting from the adoption of the City's new zoning codes in 1993/1995. - • Your project, along with eight (8) others,=was-approved by City.Council. However, before the Development Services Division can-issue a Conditional Approval Permit for your non-conforming • -:use_and/.or structure'a restrictive covenant will':have to be-filed reflecting the conditions that were adopted for your fourplex. Council required this;inorder that any subsequent owners ortenants at • •: ';-:this property:will know:that;the approval was for a specified number:of years and.may or may not be renewed at the time of reapplication:,.The,Council;for example,did not want to have a situation •r :where a'tenant might be making-major tenant only a year of two before:aiconditional ;:approval permit expired without owing of this;possibility,if the_permit:was not reissued,`::. :`Attached is'a sample:of restrictive covenantformat`if you are not'familiar with this type"of'legal " • instrument' Most applicants`have their.personal attorney draft these up for them,:although this is',:, • not a City requirement '` What important is' that:the•:restrictive-,covenants that ..are filed .incorporate the conditions of approval contained in the attached staff report ''Once these have•been • 2 prepared they should be.submitted to"Laureen Nicolayin•the Development Services Section of the - Planning/Buildirig/Public Works Department.;,She will_then circulate their to the City Attorney for = his review. ':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 ;` .R_ If you have any questions about this process you'should contact Laureen Nicolay at 277-5594, or, myself at 277-6181:. ; . er Don ckson, -Enclosures:` Sample,Restrictive Covenants - - ':Couricil:Adopted Conditions;for Conditional'Approval Permit at518 VVilliaiins Ave ue'N. • 200 Mill_Avenue South--:Rentori,Washington 98055 ®This paper contairis 50%recycled material,20%post consumer Conditional Approval Permit Conditions for Property at 518 Williams Avenue N. a. The conditional approval permit for the existing use,four-unit apartment, 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 conditional approval permit for the non-conforming use shall be revoked. b. The conditional approval permit for the existing structure, a two-story, 4-unit apartment building, 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 of such a loss,the conditional approval permit for the non-conforming structure shall be revoked. c. An application for site plan review shall be made if a catastrophic loss or an accumulative loss greater than fifty percent (50%) of the assessed value of the structure occurs during the life of this permit. The replacement structure shall be reviewed to ensure that it is architecturally in character in terms of its roof treatment, setbacks, etc., 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: d. 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 be reestablished unless done so consistent with all codes and regulations then in existence. 1 •. 626SHTCK.DOC/ ' • --161 1111 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 APPROVED BY CITY COUNCIL Date PLANNING& DEVELOPMENT COMMITTEE COMMITTEE REPORT April I, 1996 Initial Conditional Approval Permit(CAP)Application Approvals (Referred February 7, 1994) The Committee recommends Council approval of the nine (9) Conditional Approval Permit applications it heard at the public hearing on February 19, 1996. The Committee does so noting that the enabling ordinance (#4584)for the CAP 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 (9) CAP applications would be pursuant to the recommended conditions of approval that were presented to Council on February 19, 1996 for each of the nine applications. pieOttit /40-0A) — Kathy Keilker-Wheeler, Chair y Corman, Vice Chair Timothy J. Sch ' , Member cc: Mike Kattermann . Jim i larrson Don Erickson • capcmrpt.doc i 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 x . AGENDA \; •. .; ; ..: .;: • RENTON.CITY COUNCIL' • REGULAR MEETING February 19, 1996 Monday, 7:30 p.m. 1. PLEDGE OF ALLEGIANCE L. - 2. CALL TO ORDER AND ROLL CALL 3. APPROVAL OF COUNCIL MINUTES OF FEBRUARY 12, 1996 4. PROCLAMATION: February 1996 Emergency Flooding Conditions :. 0 PUBLIC HEARING: Nine requests for Conditional Use Permit approval to re-establish use and/or structure in the event of a catastrophic event where damages exceed 50% of the appraised valuation of the use/structure (Reference: Non-Conforming Use Ordinance) 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name-and address for the record, SPELLING YOUR LAST NAME. :f ,-, 7. CONSENT AGENDA The following items are distributed to Council members in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Council member. r,• a. Human Resources&Risk Management Department recommends that the part-time Accounting Assistant position in the Finance&Information Services Department be made full-time to provide- additional accounting duties for the golf course; and also recommends that the Open Space• Coordinator position in the Community Services Department be reclassified and transferred to the Finance&Information Services Department for this purpose and to establish a full-time Secretary II position to provide needed secretarial support: Refer to Finance Committee. ., b. Human Resources&Risk Management Department recommends approval of two reclassifications in the Community Services Department, as follows: Recreation Program Coordinator(grade 18)to Community Center&Recreation Coordinator(grade 20), and Recreation Specialist II(grade 14)to Recreation Coordinator(grade 18). Refer to Finance Committee: c. Legal Department submits draft Adult Entertainment Ordinance developed in cooperation with King • County and a number of suburban cities to coordinate adult entertainment regulations in the area. Refer to Committee of the Whole. d. Property Services Division submits appraisal in the amount of$320,000 for VAC-95-001,Lake Ave. S. from S. 3rd St. to Seattle's Cedar River Pipeline Right-of-Way street vacation(Safeway, Inc.), and recommends the appraisal be approved and the applicant be directed to provide one-half the,appraised value. Refer to Transportation Committee. e. Property Services Division submits appraisal in the amount of$342,916.20 for VAC-94-004, SW 13th- St. &Maple Ave. SW street vacation(Jamie Pierre). Refer to Transportation Committee. f Property Services Division submits appraisal in the amount of$28,660 for VAC-95-003, SW 12th St. & SW Grady Way'west of Rainier Ave. S. alley vacation(Sound Mazda). Refer to Transportation Committee. g. Property Services Division submits appraisal in the amount of$91,278 for VAC-95-005, street vacation in the area of SW 12th St., SW Grady Way, and Maple and Lind Ayes. SW(Good Chevrolet). Refer to Transportation Committee. h. Utility Systems Division submits CAG-95-048,Nelson Pl.NW and Rainier Ave.N. storm system (CONTINUED ON REVERSE SIDE) ' replacement project; and ` mmends approval of the project, autL._r:ation for final pay estimate in the of ,7 , co . - lien ri , and release retained u of $7,5amount71.72 to W$3est Coast 87 mmencement Construction Ca., 60 contractorday pe , w allod required releases are obtai amonednt. Council concur. i. Transportation Division proposes an agreement with the Renton School District for the relocation of the school crosswalk at Talbot Rd. S. and S. 23rd St. by Talbot Elementary School: The City's cost share is $4,250. Refer to Transportation Committee. j. Utility Systems Division requests authorization to submit applications for Public Works Trust Fund loans with interest rates of 1%for the corrosion control treatment and the Rolling Hills reservoir .. projects(loans of$938,000 and $1,980,000, respectively). Council concur. k. Utility Systems Division recommends approval of an agreement accepting a Public Works Trust Fund pre-construction loan in the amount of$173,400 for corrosion control treatment facilities. The required City match is $96,600. Council concur. 8. CORRESPONDENCE a. Michael K. Hubbard, leasing manager for Trammell Crow Company, 5601 Sixth Ave. S., Seattle 98108, asks that Council consider the rezone application for the Pan Abode site, located at N. 44th St. and Lake Wash..Blvd. N., from Light Industrial(IL)to Arterial Commercial (CA). . b. Jeff Crockett, Emmett Koelsch Coaches Inc.,PO Box 3265,Redmond,WA, 98073,'states his interest in purchasing property located in the Auto Mall area, and asks that an exception to the Arterial Commercial(CA) zone be made to allow the sale and distribution of buses. 9. OLD BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the chairman if further review is necessary. a. Community Services Committee: Sister City Committee Appointments b. Planing&Development Committee: 1996 Photogrammetric Mapping Services 10. ORDINANCES AND RESOLUTIONS Resolution: Declaring an emergency due to excessive rains that caused flooding, slides and utility damage Ordinance for first reading: = Approving reduced utility rates for low-income persons on home kidney dialysis treatment (Council approved via Utilities Committee report adopted 1/08/96) 11. NEW BUSINESS = : : ,:_.:..,._.;_ . (Includes Council Committee agenda topics-call 277-4430 for recorded information) 12. ADMINISTRATIVE REPORT : I. 13. AUDIENCE COMMENT 14. ADJOURNMENT - u .. COMMITTEE OF THE WHOLE MEETING AGENDA _ . (Preceding Council Meeting) • COUNCIL CHAMBERS 6:30p.m.., • Auto Mall Issues t • RENTON CITY.COUNCIL Regular Meeting February 19, 1996 Council Chambers Monday, 7:30 p.m. Municipal Building MINUTES CALL TO ORDER Mayor Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF TONI NELSON,,Council President; KATHY KEOLKER-WHEELER; DAN COUNCILMEMBERS CLAWSON; KING PARKER; RANDY CORMAN. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBERS TIMOTHY SCHLITZER AND BOB EDWARDS. CARRIED. . . CITY STAFF IN JESSE TANNER, Mayor;.JAY COVINGTON, Executive Assistant to the ATTENDANCE Mayor; DAN KELLOGG, Assistant City Attorney; MARILYN PETERSEN, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works - Administrator; MICHAEL KATTERMANN, Planning & Technical Services Director; DON ERICKSON, Principal Planner, ABDOUL GAFOUR, Civil Engineer; COMMANDER ROB SOME, Police Department. APPROVAL OF MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL APPROVE COUNCIL MINUTES THE MINUTES OF FEBRUARY 12, 1996, AS PRESENTED. CARRIED. PROCLAMATION A proclamation by Mayor Tanner was read declaring an emergency.resulting Emergency Flooding- from major flooding of area rivers and creeks beginning on February 8, 1996; Related Conditions and directing and authorizing City departments to enter into contracts and incur obligations necessary to combat such emergency to protect the health and safety of persons and property, and to provide emergency assistance. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted and published Planning: Conditional Use in accordance with local and State laws, Mayor Tanner opened the public Permit Requests (Non- , hearing to consider nine requests for Conditional Use Permit approval to re- Conforming Uses) establish use and/or structure in the event of a catastrophic event where damages exceed 50% of the appraised valuation of the use/structure (reference: Non-Conforming Use ordinance). Mike Kattermann, Planning & Technical Services Director, explained that these requests are being processed according to the recently-adopted Non- Conforming Use ordinance. Because this ordinance is not yet effective, however,,this matter will remain in Planning & Development Committee and be reported out at a later date. Therefore, no Council action is being requested this evening. Don,Erickson, Principal Planner, said the nine requests to be discussed tonight affect existing non-conforming uses and/or structures whose owners seek authorization to re-establish the use/structure in the case of an 'accidental catastrophic loss or damage. All nine uses/structures were made non- conforming as a result of Renton's interim city-wide zoning plan adopted in 1993., Because they were previously conforming, but made non-conforming through Council action, they qualify as existing legal non-conforming uses and/or structures: Mr. Erickson described each of the nine applications, as follows: February 19. 1996 Renton City Council Minutes Page 54 1. Triplex located at 405 Williams Ave. N., owned by Darvin Thuringer. Previous zoning was R-4 (Residential/4 Dwelling,Units per Acre); current zoning is R-10 (Residential/10 Dwelling Units per Acre). Although this is a permitted use, the particular structure exceeds lot size and permitted density. Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 2. Optometry office located at 112 Pelly Ave. N., owned by Neal S. Jensen. Previous zoning was R-3 (Residentia1/3 Dwelling Units per Acre); current zoning is SF (Single Family). Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 3. Medical/dental building located at 113 Pelly Ave. W., owned by Jim Tomer. Previous zoning was P-1 (Public Use); current zoning is R- 10. Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 4. Commercial/dental offices located at 626 Shattuck Ave. S., owner Michael T. Donnelly. Previous zoning was B-1 (Business District); current zoning is RM-U (Residential Multi-Family Urban). Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed 15 years. 5. Warehouse (with offices above one building) located at 423 S. 7th St., owner Gary Castagno. Previous zoning was L-i (Light Industrial); current zoning is CA (Commercial Arterial). Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 6. Four-unit apartment building located at 518 Williams Ave. N., owned by Ernest J. Tonda. Previous zoning was R-4; current zoning is SF. Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 7. Four-unit apartment building located at 530 Williams Ave. N., owned by Philip and Grace Chan. Previous zoning was R-4; current zoning is SF. Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 8. Sixteen-unit apartment building located at 435 Williams Ave.`N., owned by Philip and Grace Chan. Previous zoning was R-4;.current zoning is SF. Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 9. Medical clinic located at 920 N. 1st St., owned by Dr. Ze've Young. Previous zoning was P-1; current zoning is R-10. Staff recommends a conditional use permit be granted, with conditions, for a'period • not to exceed ten years. Mr. Erickson noted that in the event of a catastrophic loss, these properties would be required to redevelop within two years. Should they fail to redevelop within the allowed timeframe, the conditional approval permit would be revoked.. Responding to Councilman Parker,•Mr. Erickson said the City will notify the property owners when the time period for the conditional use permit is about to expire. At this time, the owners could seek an extension of the permit. Mr. Parker asked if applicants must pay a fee to file for a conditional use permit, or to re-file when one expires. Mr. Erickson said no fee has yet been established although staff is considering this issue. In response to Councilman Corman, Mr. Erickson said a person considering purchasing one of these properties could research its conditional use permit, February 19, 1996 Renton City Council Minutes Page 55 including how much time remained on it, via covenants that the property owner will be required to record with King County. Audience comment was invited. Grace Chan, 7940-B Seward Park Ave. S., Seattle, 98118, stated that she purchased two multi-family properties in Renton as an investment, which she was interested in protecting. She emphasized her wish to re-establish these buildings in the event of a catastrophe. There being no further public comment, it was MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING.. CARRIED. AUDIENCE COMMENT Former Councilman Dick Stredicke, 1014 Tacoma Ave. NE, Renton, 98056, Citizen Comment commented on Council discussion last week regarding handicapped parking Stredicke - Handicapped regulations and enforcement. Saying the fine for illegally parking in a Parking handicapped space used to be $57, he noted it is now $175. He distributed examples of violation notices that could be placed on the vehicles of those who appear to be parking illegally in handicapped stalls, and asked that this subject be referred to Council's Public Safety Committee. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL REFER THE SUBJECT OF HANDICAPPED PARKING REGULATIONS AND ENFORCEMENT TO THE PUBLIC SAFETY COMMITTEE. CARRIED. Mayor Tanner noted that the Administration is currently drafting an ordinance on this issue to be submitted to the Public Safety Committee for review and recommendation. Citizen Comment Richter Marjorie Richter, 300 Meadow Ave. N., Renton, 98055, described violations - Handicapped Parking she has personally observed of parking spaces reserved for the handicapped, Abuses particularly at the Medical Arts Building by Valley Hospital. She thanked Council and the Administration for looking into this issue. CONSENT AGENDA Items on the consent agenda are accepted by one motion which follows the listing. Finance: Personnel Human Resources & Risk Management Department recommended that the Changes (Accounting part-time Accounting Assistant position in the Finance & Information Services Assistant, Secretary II) Department be made full-time to provide additional accounting duties for the golf course; and also recommended that the Open Space Coordinator position in the Community Services Department be reclassified and transferred to the Finance & Information;Services Department for this purpose and to establish a full-time Secretary II position to provide needed secretarial support. Refer to Finance Committee. Parks: Community Center Human Resources & Risk Management Department recommended approval of Position Reclasses two reclassifications in the Community Services Department, as follows: Recreation Program Coordinator (grade 18) to Community Center & Recreation Coordinator (grade 20), and Recreation Specialist (grade 14) to Recreation Coordinator (grade 18). Refer to Finance Committee. Legal: Adult Legal Department submitted draft Adult Entertainment Ordinance developed Entertainment Ordinance in cooperation with King County and a number of suburban cities to coordinate adult entertainment regulations in the area. Refer to Committee of the Whole. February 19., 1996 Renton City Council Minutes Page 56 Vacation: Lake Ave S Property Services Division submitted appraisal in the amount of $320,000 for Street Vacation, VAC-95- VAC-95-001, street vacation on Lake'Ave. S. from S. 3rd St. to Seattle's 001 (Safeway) Cedar River Pipeline Right-of-Way (Safeway, Inc.), and recommended the appraisal be approved and the applicant be directed to provide one-half the appraised value. Refer to Transportation Committee. Vacation: SW 13th Property Services Division submitted appraisal in the amount of $342,916.20 St/Maple Ave SW Street for VAC-94-004, SW 13th St. & Maple Ave. SW street vacation (Jamie Pierre). Vacation, VAC-94-004 Refer to Transportation Committee. (Pierre) Vacation:SW 12th St/SW Property Services Division submitted appraisal in the amount of $28,660 for Grady Way Street VAC-95-003, SW 12th St. & SW Grady Way west of Rainier Ave. S. alley Vacation,VAC-95-003 vacation (Sound Mazda). Refer to Transportation Committee. (Sound Mazda) Vacation:bSW 12th/Grady Property Services Division submitted appraisal in the amount of $91,278 for Way/Maple & Lind Ayes VAC-95-005, street vacation in the area of SW 12th St., SW Grady Way, and Street Vacation, VAC-95- Maple and Lind Ayes. SW (Good Chevrolet). Refer to Transportation 005 (Good Chevrolet) Committee. CAG: 951048, Nelson P1 Utility Systems Division submitted CAG-95-048, Nelson Pl. NW and Rainier NW/Rainier Ave N Storm Ave. N. storm system replacement project; and recommended approval of the System Replacement, West project, authorization for final pay estimate in the amount of $3,787, Coast Coast. commencement of 60-day lien period, and release of retained amount of $7,571.72 to West Coast Construction Co., contractor, if all required releases are obtained. Council concur. Transportation: Talbot Transportation Division proposed an agreement with the Renton School Elementary Crosswalk ' District for the relocation of the school crosswalk at Talbot Rd. S. and S. 23rd Relocation, Talbot Rd S & St. by Talbot Elementary School. The City's cost share is $4,250. Refer to S 23rd St Transportation Committee. Public Works: PWTF Utility Systems Division requested authorization to submit applications for Loans, Corrosion Control Public Works Trust Fund loans with interest rates of 1% for the corrosion & Rolling Hills Reservoir, control treatment and the Rolling Hills reservoir projects (loans of $938,000 CAG- and $1,980,000, respectively). Council concur. Public Works: PWTF Utility Systems.Division recommended approval of an agreement accepting a Loan, Corrosion Control Public Works Trust Fund pre-construction loan in the amount of $173,400 for Facilitiesg CAG-96- corrosion control treatment facilities. The required City match is $96,600. Council concur. , MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. AUDIENCE COMMENT Correspondence was read from Michael K. Hubbard, leasing manager for Citizen Comment ' Trammell Crow Company, 5601 Sixth Ave. S., Seattle, 98108, asking that Hubbard-,Pan Abode Site Council consider the rezone application for the Pan Abode site, located at N. Rezone Request (N 44th 44th St. and Lake Washington Blvd. N., from Light Industrial (IL) to Arterial St/Lk Wash Blvd N) Commercial (CA). MOVED BY NELSON, SECONDED BY KEOLKER- WHEELER, COUNCIL REFER THIS CORRESPONDENCE TO THE PLANNING & DEVELOPMENT COMM[i i"EE. CARRIED. CITY_ F RENTON 4+11 City Clerk *•,‘, ,', Jesse Tanner,Mayor Marilyn J.Petersen •February.8, 1996 •Ernest J."Tondo 528'Edmonds Ave NW... ; Renton, WA;98056-3636 - , Re: Public Hearing on-Conditional Use Permit Approval :. Dear Mr :, 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 structures-for your property located at 518 :` . Williams Avenue N. in the event of a catastrophic,event:where damages exceed 50%`'of the - - appraised valuation of the and structures (Reference:-'Non-Conforming Use Ordinance). " - 'All interested persons are invited to attend the hearing and:present oral or written commentsiri - . :.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 P t sen, CMC • City Clerk - - • , - cc:' Don Erickson;:Planning Division _ • 200 Mill Avenue South Renton,Washington 98055 - (206)235-2501. ®This paper contains 50%recycled material,25%•post consumer CONDITIONAL APPROVAL PERMIT APPLICATION FOR NONCONFORMING LOCATION: 518 Williams Avenue N. RECOMMENDATION: Approve Nonconforning Use/Structure not to exceed 10 year period. • RECOMIVII` i }Aa o J FOR N O€ t.IFORM€NG USE ____=_____Imimi 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 \ -M tr,x - _. - -- occurs within the conditional approval permit period and the site is not _1-''' 111—'"ii iyii 1 redeveloped within two years, the non-conforming use shall not be re- _.,�` * ' ,,, ., established. , u IIL 4Y - - ILEA rKIM r • '-- '22 .4.1. l''.1 0 5111 r r ,.,. ..',,iZI! ,-- J11711 ,,::...„.._ ... Inimmitc.„. <:::RECOMME DATION<F"OR:NONCONFORMIN$TRUCTI RE.iiiiii.:.:.......... l 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. , i — • b. An application for site plan review shall be made if a catastrophic or 71-'1 an accumulative loss greater than fifty percent (50%) of the assessed / f value of the structure occurs within this ten (10) year period. The � ! _. - replacement structure shall be reviewed to ensure that it is wam „. L architecturally in character in terms of its roof and facade treatment, 1 r;, setbacks, etc., with the surrounding area at that time and, that it t complies with all relevant building codes and the existing zoning codes "�'' ''��'``t then in place, to the extent possible. c. The extent of the existing non-conforming building that may be replaced with additional non-conforming structure shall not exceed the 8 12 2 8 amount of the structure accidentally damaged. 5 1 8WILDB.DOC/ PLANNING & DEVELOPMENT COMMITTEE CITY OF RENTON CONDITIONAL APPROVAL PERMIT APPLICATION REPORT AND RECOMMENDATION APPLICANT: CITY OF RENTON City Sponsored Conditional Approval of Lila J. Apartments LOCATION: 518 Williams Avenue North SUMMARY OF REQUEST: City sponsored conditional approval of 0.12 acre site developed with a two-story rectangular shaped apartment building in order to legitimize this non- conforming use and structure against their premature termination in the event of a catastrophic loss to the structure. • SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve with Conditions RELEVANT REVIEW CRITERIA: Non-conforming Uses: In order to qualify for this permit at least three of the criteria listed in Section 4-31-19.1.5. must be complied with. The three most relevant criteria in this case are: • Community Need; • Effect on Adjacent Property; and • Timeliness with Existing Plans and Programs. Non-conforming Structures: In order to qualify for this permit at least three of the criteria listed in Section 4-31-19.1.5. must be complied with. The three most relevant criteria in this case are: • 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, 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. July 7, 1995 Conditional A.` ` Ival Permit, 518 Williams Avenue Norte~ ` ntinued Page 2 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 Lila J. Apartment Building site. The site is located at 518 Williams Avenue North in a predominantly single-family area in North Renton that does include a scattering of multi-family residential dwellings. 5. The existing rectangular building is a two-story wood-frame clapboard sided structure that was built most likely in the late 1950's. It is approximately 30 feet by 70 feet in size, with a flat roof. Entrances to individual units are on the west side of the subject building separated by a ten (10) foot side yard from an abutting older style single-family house. 6. The subject site is approximately 5,000 square feet in area. 7. The end of this two-story building faces onto Williams Avenue North and the building itself is setback approximately 10 feet from the street property line. This setback area is landscaped with predominantly evergreen shrubs. 8. Single-family one-story residential structures abut the existing two-story multi-family building on the west and east. These two homes also have greater setbacks from the street, thus adding to the apparent bulk of the subject four-unit apartment building. 9. The property owner has requested a conditional approval permit that would permit the existing multi-family use and the existing structure to be re-established in the event that a,catastrophic accident destroys or severely damages the existing building. 10. The City rezoned the subject site from R-4 Multi-family Zone to the Single-family Residential Zone (now R-8) in June, 1993. As a consequence, the existing use and structure are considered to be legal non-conforming uses. 11. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of residential single-family uses since the site has a Residential Single Family land use designation. 12. Reflecting actual uses in the area, the zoning generally is R-8 to the north and east of the site. However, there is R-10 zoning at the north end of the 500 Block along North 6th Street as well as immediately west of the site across the alley between it and Burnett Avenue North. Basically the whole east side of Burnett Avenue North between North 4th Street and North 6th Street is currently zoned R-10. The R-10 Zones allows medium density residential development in a mix that includes both single-family detached and attached dwellings, duplexes, triplexes and fourplexes, and townhomes at a density of up to 10 dwelling units per acre. 13. Given the average density of the current site at nearly 35 DU/AC it is not compatible with either the R-8 or the R-10 Zones. 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 relevant criteria identified above and taken from Section 4-31-19.1.5: July 7, 1995 Conditional p, -oval Permit, 518 Williams Avenue Nort. mtinued Page 3 a. Community Need: There is a community need for the proposed use at its present location. It appears that the existing apartment does serve a community need by providing affordable housing to residents, many of whom work and live in the community. With housing affordability becoming a-larger issue, particular when speaking of new dwellings, it would appear to be in the community's interest to retain such housing as long as it is already there and there do not appear to be viable alternatives to it under the existing zoning. As long as the existing structure remains economically viable it is unlikely to be replaced by a much less intense land use. b. Effect on Adjacent Property: The existing nonconforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare, vibration, etc. There is no indication that the existing use has created undue adverse impacts on the adjacent properties. This may in fact partly be because the structure appears to be relatively well maintained, as does its yard. It appears that the existing, four, on-site parking spaces and the lack of curb cuts along the street ensure adequate parking for the four units in the building. During the winter months there may be some shadowing to the property to the east and the abutting property owners probably have less outdoor privacy than they would if this were a single-family dwelling, however, these are not considered to be "undue adverse impacts". Aesthetically, the fourplex does not tie in very well with the residential character of the existing streetscape because of its flat roof, bulk, side yard rather than street orientation, and reduced front and rear yard setbacks.. 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'5,000 square feet in area, as well as the location of this non-conforming use and structure mid-block with single-family detached housing abutting it to the north and south, as well as across the street to the east, it does not appear that retention of the existing non-conforming use would impede implementation of the City's Comprehensive Plan for this area which calls for Residential Single-Family. This is because the area already is developed predominantly as single-family dwellings and is currently zoned for this use, consistent with the Comprehensive Plan. 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 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 scale and density of development on the existing lot, it is unlikely to be a preferred site, at least initially, for redevelopment with lower density single-family uses. This is because the existing site is only large enough to support one single-family dwelling under the current zoning. Since redevelopment in unlikely except in the case of a total loss, this criterion appears to have been met. 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. July 7, 1995 Conditional l; ThDval Permit, 518 Williams Avenue Norte continued Page 4 From all exterior appearances, the existing structure is well maintained and is not considered to be a threat to the public health or safety of those living in the area. 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 serious 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 an accidental 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. 2. Based upon the above discussion, the requested conditional approval permit to allow the existing non-conforming structure to be re-established in the case of an accidental 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. An application for site plan review shall be made if a catastrophic loss or 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 in terms of its roof treatment, setbacks, etc. 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. c. 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 be re- established unless done so consistent with all codes and regulations then in existence; and NOTES TO PROPERTY OWNER: a. 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 existence at that time. b. 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. July 7, 1995 Conditional val Permit, 518 Williams Avenue Nori mtinued Page 5 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 Non-conforming Structure Conditional Approval Signed, on this , 1995: Michael D. 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'''AL,1.,,,,f,,,s,,, 2 ,•'1":-.--'','''',4%.,1' ..3.11'..,4 3,,,4.4 a .. . .17,, , , ••.i .„ CCL 41""' L'IL'.1.''''''L ' .-•,•':4.:F 4414'2Z251:4111):1 i 2 t•Lifigill':' '1 Lll • • •,?,--;„.,eze.,,,o, --.-....-_______- ______—_, _ _ '"A'',,,',1 " .,-•.. ,t,•' 4 Om —11 .,..- -i, ' \ • ei, . immil I < I 1„ —-111.11.1.11113. e -!,f- ...•.,'''' , :,.? I - 4 „.,7 .._ . — ........... - : _ , . n_ • _ o ---- L-3- _, ..,.,. ...: . L. . 1 Cl I Lit LI.;.litivilli;diin, ‘,... 1,.-5,.•'.:_--_-----2 --........ _ .. ,....,_ _..., . • ; •V V - •-- _ . f ict t . —.1 si 9 12 28 I il z o _ 1— z o 0 . , 3ONDITIONAL APPROVAL PERMIT, 518 WILLIAMS AVE. NORTI 900 -- 900 \ I - CF up F3 405 0 °) I -- �' e• IH c a RM—I -ao IH a 4 o z N 8th St. J.-.......Z. ce) _ Q . sg• E II4 * 0 ,}51pil-r 0_ 6 ' - ii-- J Q o � II , -CD- 1 di 1 I \ N 6 t h St. F - `° 1 . r. HP' HE g-4 P.7 q P. M 7 II M 0 a t Am A: MR C L • - Ea n. N 5th St. ��,,� V �PSE Ili cN IL Gc'yl1 d�.. i 'T Fi ..-:-: r!!E - •17471 4 FLIgi W-1 :OK Igzil 6-4 ME II ' , . � w1 EmmEs3 N St. till 6ill i Liti inp E H Higg 7- rid W-W \ dm!'t : 5317 AV- 0 ' i 01 U- -ENC 'ATE ` ccDATE_____ ' PLANNING & DEVELOPMENT COMMITTEE P-- ) r'j o ,o CITY OF RENTON ,tea wag 1�`z .2ih , ' CONDITIONAL APPROVAL PERMIT APPLICATI') REPORT AND RECOMMENDATION APPLICANT: CITY OF RENTON City Sponsored Conditional Approval of ecIt9x li LOCATION: 518 Williams Avenue North SUMMARY OF REQUEST: City sponsored conditional approval of 0.11 acre site developed with a one-story rectangular shaped apartment building in order to legitimize this non- conforming use and structure.against their premature termination in the event of a catastrophic loss to the structure. SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve with Conditions RELEVANT REVIEW CRITERIA: Non-conforming Uses: In order to qualify for this permit at least three of the criteria listed in Section 4-31-19.1.5. must be complied with. The three most relevant criteria in this case are: • Community Need; • Effect on Adjacent Property; and • Timeliness with Existing Plans and Programs. Non-conforming Structures: In order to qualify for this permit at least three of the criteria 'listed in Section 4-31-19.1.5. must be complied with. The three most relevant criteria in this case are: 1 • 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, 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. July 7, 1995 Conditional - oval Permit, 518 Williams Avenue Nod" continued Page 2 • 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 Lila J. Apartment Building site. The site is located at 518 Williams Avenue North in a predominantly single-family area in North Renton that does include a scattering of older multi-family residential dwellings. 5. The existing rectangular building is a two-story wood-frame clapboard sided structure that was built most likely in the late 1950's. It is approximately 30 feet by 70 feet in size, with a flat roof. Entrances to individual units are on the west side of the subject building separated by a ten (10) foot side yard from an abutting older style single-family house. 6. The subject site is approximately 5,000 square feet in area. 7. The end of this two-story building faces onto Williams Avenue North and the building itself is setback approximately 10 feet from the street property line. This setback area is landscaped with predominantly evergreen shrubs. 8. Single-family one-story residential structures abut the existing two-story multi-family building on the west and east. These two homes also have greater setbacks from the street, thus adding to the - apparent bulk of the subject four-unit apartment building. 9. The property owner has requested a conditional approval permit that would permit the existing multi-family use and the existing structure to be re-established in the event that a catastrophic accident destroys or severely damages the existing building. 10. The City rezoned the subject site from R-4 Multi-family Zone to the Single-family Residential Zone (now R-8) in June, 1993. As a consequence, the existing use and structure are considered to be legal non-conforming uses. 11. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of residential single-family uses since the site has a Residential Single Family land use designation. 12. Reflecting actual uses in the area, the zoning generally is R-8 to the north and east of the site. However, there is R-10 zoning at the north end of the 500 Block along North. 6th Street as well as immediately west of the site across the alley between it and Burnett Avenue North. Basically the whole east side of Burnett Avenue North between North 4th Street and North 6th Street is currently zoned R-10. The R-10 Zones allows medium density residential development in a mix that includes both single-family detached and attached dwellings, duplexes, triplexes and fourplexes, and townhomes at a density of up to 10 dwelling units per acre. 13. Given the average density of the current site at nearly 35 DU/AC it is not compatible with either the R-8 or the R-10 Zones. 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 coplies with at least three relevant criteria identified above and taken from Section 4-31-19.1.5: July 7, 1995 Conditional Q^^rr►val Permit, 518 Williams Avenue North—^ontinued Page 3 • a. Community Need: There is a community need for the proposed use at its present location. It appears that the existing apartment does serve a community need by providing affordable housing to residents, many of whom work and live in the community. With housing ' affordability becoming a larger issue, particular when speaking of new dwellings, it would appear to be in the community's interest to retain such housing as long as it is already there and there do not appear to be viable alternatives to it under the existing zoning. As long as the existing structure remains economically viable it is unlikely to be replaced'by a much less intense land use. 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 existing use has created undue adverse impacts on the adjacent properties. This may in fact partly be because the structure appears to be relatively well maintained, as does its yard. It appears that the existing four on-site parking spaces and the lack of curb cuts along the street ensure adequate parking for the four units in the building. During the winter months there may be some shadowing to the property to the east and the abutting property owners probably have less outdoor privacy than they would if this were a single-family dwelling, however these are not considered to be "undue adverse impacts". Aesthetically, the fourplex does not tie in very well with the residential character of the existing streetscape because of its flat roof, bulk, side yard rather than street orientation, and reduced front and rear yard setbacks.. 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 5,000 square feet in area, as well as the location of this non-conforming use and structure mid-block with single-family detached housing abutting it to the north and south, as well as across the street to the east, it does not appear that retention of the existing non-conforming use would impede implementation of the City's Comprehensive Plan for this area. This is because the area already is developed predominantly as single-family dwellings and is currently zoned for this use, consistent with the Comprehensive Plan. Non-conforming Structure: 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 complies 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 scale and density of development on the existing lot, it is unlikely to be a preferred site, at least initially, for redevelopment with lower density single-family uses. This is because the existing site is only large enough to support one single-family dwelling under the current zoning. Since redevelopment in unlikely except in the case of a total loss, this criterion appears to have been met. 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. July 7, 1995 Conditional A.nnroval Permit, 518 Williams Avenue Nor*'-^ontinued Page 4 • 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 serious 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 an accidental catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The existing legal non-conforming use shall 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; b. The use cannot be change'\ rom a foci ex to another related use in the same i( land use class, such as a boardi ho e or special needs residential use, without 1�V1 first giving notice to the City and , City having invited public comment, before / n dd granting such a change; L �r� Jam. c. No other non-related non- onforming use s II be allowed to establish itself on the site; and, 2. Based upon the above discussion, the requested conditional approval permit to. allow the existing structure to be re-established in the case of an accidental catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. This permit shall be for a period not exceeding ten (10) years. b. An application for site plan review shall be made if a catastrophic loss or 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 in terms of its roof treatment, setbacks, etc. 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. c. 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 be allowed to re-establish itself unless it does so consistent with all codes and regulations then in existence; and NOTES TO PROPERTY OWNER: a. Prior to any subsequent consideration of a another conditional approval permit for this site, the surrounding area shall be reassessed by the City to determine whether redevelopment opportunities consistent with the then in existence zoning exist since this would presumably lessen the need for a subsequent conditional approval permit. b. 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 July 7, 1995 Conditional P ival Permit, 518 Williams Avenue Nort'T -rvDntinued Page 5 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. 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