Loading...
HomeMy WebLinkAboutCurwood decision Denis Law Mayor 111=IR 141) City Clerk-Jason A.Seth,CMC June 12, 2018 Mr. Robert Curwood 17240 116th Avenue SE Renton, WA 98058 Re: Hearing Examiner's Decision Code Case No: CODE-18-000149 Dear Mr. Curwood: I have attached the Hearing Examiner's Decision dated June 12, 2018, in the above referenced matter. If you have any questions or concerns, please feel free to contact me. Sincerely, /lls,/-: A. , MC lerk cc: Hearing Examiner Craig Burnell, Building Official Donna Locher, Code Compliance Inspector Robert Shuey,Code Compliance Inspector Kevin Louder, Code Compliance Inspector Alex Tuttle, Assistant City Attorney Chip Vincent, CED Administrator Angie Mathias, Long Range Planning Manager Sandra Pedersen, Finance 1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov BEFORE THE HEARING EXAMINER OF RENTON REPORT AND DECISION—APPEAL OF FINDING OF VIOLATION AND ORDER TO CORRECT (CODE18-000149) FILE NUMBER: CODE-18-000149 SITE OF VIOLATION: 17240 116TH Ave. SE Renton, WA 98058 PROPERTY OWNER: Robert Curwood 17240 116TH Ave. SE Renton, WA 98058 REVIEW AUTHORITY: City of Renton TYPE OF CASE: Finding of Violation, RMC 4-5-130(B)(4) — Outdoor Storage Violations DISPOSITION: Appeal Denied. $100 fine due within 30 days of this decision. INTRODUCTION Mr. Curwood has been charged with violating RMC 4-5-130(B)(4)for outdoor storage violations associated with an on-going yard/garage sale. The appeal is sustained and Mr. Curwood is found in violation of RMC 4-5-130(B)(4). The $100 fine is due within 30 days of issuance of this decision. TESTIMONY Donna Locher summarized the staff report and noted that a code interpretation had been issued that provides that the zoning designation for Mr. Curwood's property is now included in the outdoor storage prohibition. She noted that as of the date of the hearing he still has outdoor storage in violation, including a shed and other items. She noted that Mr. Curwood is required to store his items in the backyard, limited to 200 square feet. She has received numerous complaints over the storage. In response to examiner questions, Ms. Locher stated that Mr. Curwood probably did not receive notice of the code interpretation before the appeal deadline. Ms. Locher clarified that the shed in the front yard qualifies as outdoor storage. It's also not allowed by another code provision but she's treating it as outdoor storage. Also, as shown in the 4/24/18 photographs, Ex. 7, there's lamps, mattresses, the shed, a piece of furniture against the shed. Mr. Curwood has cleaned up the property a little. The items change over time as part of an on-going garage/yard sale. Mr. Curwood noted that in a prior hearing outdoor storage was discussed as defined to be storage for a duration of more than three days. He noted that he did not sign the certified mail copy of the Finding of Violation and also that he had not received any notice of the code interpretation that concluded that R6 is subject to the outdoor storage prohibition. EXHIBITS The staff's exhibit list identifying 9 exhibits were admitted as Ex. 1-9 during the May 22, 2018 hearing date. 10 photographs submitted by Mr. Curwood were admitted as Exhibit 10. FINDINGS OF FACT 1. Violation Site. The violation site is a single-family residence located at 17240 116TH Ave. SE, Renton, WA 98058. The property is owned by Robert Curwood, who resides at the violation site. 2. Finding of Violation. A Finding of Violation ("FOV") dated April 24, 2018 was mailed to Mr. Curwood on April 24, 2018. The FOV alleges violations of RMC 4-5-130(B)(4) for outdoor storage. Mr. Curwood filed an appeal of the FOV on April 27, 2018. 3. Outdoor Storage. Photographs of the violation site taken on and April 28, 2018, Ex. 7, show several items stored in the front yard of the violation site, including mattresses, wood and a lamp. These are items stored in the front yard as part of on-going yard/garage sales. See Ex. 7. 4. Hearing. A hearing on the subject appeal was held on May 22, 2018 and was continued to June 12, 2018. 5. Code Compliance History. Mr. Curwood has received at least three warnings of violation for the same code provision and one prior FOV. Mr. Curwood successfully appealed the prior FOV on the basis that RMC 4-5-130(B)(4) doesn't apply to the R6 zone, the zoning designation for Mr. Curwood's property. Since then, the City has issued a code interpretation, Ex. 4, that determined that RMC 4-5-130(B)(4) applies to the R6 zone. CONCLUSIONS OF LAW 1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review code violation as provided in RMC 1-3-2. 2. Zoning. The property is zoned R-6. 3. Code Violations: The Finding of Violation of this case (Exhibit 2) is based upon the violation of RMC 4-5-130(B)(4). The applicable criteria are quoted below in italics with accompanying Conclusions of Law that apply those criteria to the Findings of Fact made above. RMC 4-5-130(B)(4): Section 308 is deleted in its entirety and replaced with a new Section 308 Residential Outdoor Storage, which shall read as follows: 308 Residential Outdoor Storage: 308.1 Purpose: The purpose of this section is to define and regulate the outdoor storage of materials on residential property while maintaining the character and use intended for single family residential neighborhoods. For purposes of this section, residentially zoned property is any property zoned RC, R1, R4 or R8. 308.2 Allowed residential outdoor storage: For RC and R1 zoned properties, a maximum of 400 square feet of area may be used for outdoor storage. For R4 and R8 zoned properties, a maximum of two hundred(200)square feet of area may be used for outdoor storage. 308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially zoned property in the following areas: Front yards Side yards Slopes greater than 15% Designated open spaces or restricted areas Critical areas, including wetland, streams and associated buffer areas 308.4 Emergency access: Outdoor storage areas shall not prevent emergency access to the residential structure or any other building. 308.5 Business related storage: Materials stored outdoors on residentially zoned properties shall not be owned by or used in any business or industry including a home occupation business. 308.6 Height limitations: Materials stored outdoors on residentially zoned properties shall be neatly stacked and not exceed a height of six feet(6). Tarps may not be utilized for screening outdoor storage. 308.7 Firewood:Firewood must be split, neatly stacked, and intended for use on the premises on which it is stored. Tarps may be used to protect firewood. 308.8 Membrane structures: Membrane structures are considered outdoor storage, and subject to the location restrictions in section 308.3. Such structures shall not exceed two hundred(200)square feet in area. Membrane structures shall be immediately removed or repaired in the event of disrepair or in the event of damage caused by weather, fire, collision, accident or other forms of damage. Tarps and makeshift covers are prohibited for this use. 308.9 Prohibited materials: Shipping containers and other similar storage units do not qualify as accessory buildings on residentially zoned properties, and are prohibited. Hazardous materials are also prohibited for outdoor storage on residentially zoned properties. (Ord. 5710, 4-14-2014) 4. Violation. The City's code interpretation, Ex. 4, provides that RMC 4-5-130(B)(4) as quoted above applies to R6 zoned properties. Mr. Curwood's property is zoned R6. RMC 4-5- 130(B)(4) prohibits outdoor storage in the front yards of residences. As determined in Finding of Fact No. 3, on the alleged violation date, April 24, 2018, Mr. Curwood stored several items in his front yard, including mattresses, wood and a lamp. Mr. Curwood is found to have been in violation of RMC 4-5-130(B)(4) on April 24, 2018. This conclusion is based upon the City's code interpretation. The Renton Municipal Code does not grant the hearing examiner jurisdiction to overturn code interpretations absent an appeal. Consequently, the examiner will not address the merits of the code interpretation. A superior court upon judicial appeal of this decision may have jurisdiction to consider the merits of the interpretation but the examiner does not. 5. Outdoor Storage. At the hearing Mr. Curwood suggested that items placed on his yard shouldn't be considered to qualify as outdoor storage if they are stored for less than three days at a time. RMC 4-11-190 defines "storage, outdoor" as outdoor accumulation of material or equipment for purposes including sale. The definition does not set any minimum time limit for items and materials to qualify as outdoor storage. Since the items on Mr. Curwood's property are stored for purposes of an on-going garage/yard sale, their placement in his front yard qualifies as outdoor storage. This Decision does not find that the shed qualifies as outdoor storage because it does not qualify as "materials or equipment"as required by the definition. DECISION The appeal is denied. Payment of the $100 fine imposed by the FOV under appeal is due by July 16, 2018. ORDER TO CORRECT Corrective action in the FOV requires the Appellant to "Consolidate outdoor storage to an area no larger than 200 square feet in the back yard area and remove items from the front and side yards." This corrective action is adopted as an Order to Correct pursuant to RMC 1-3-2(B)(6). The corrective action must be completed by July 2, 2018. No further outdoor storage is allowed in the front of Mr. Curwood's home. Failure to correct as ordered shall subject the Appellant to criminal prosecution authorized by RMC 1-3-2(F)(2). Failure to comply with an Order to Correct can be prosecuted as a misdemeanor. The maximum penalties for a misdemeanor are 90 days in jail and$1,000 in fines. Decision and Order issued June 12, 2018. Mt A.Olbrechis Hearing Examiner NOTICE OF RIGHT TO APPEAL Appeal to Superior Court.An appeal of the decision of the Hearing Examiner must be filed with Superior Court within twenty-one calendar days, as required by the Land Use Petition Act, Chapter 36.70C RCW.