HomeMy WebLinkAboutD_Replacement_of_Fargos_Noise_Variance_FinalDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_Replacement of Fargos_Noise Variance_Final
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: February 26, 2026
Project File Number: PR26-000001
Project Name: Replacement of Fargos
Land Use File
Number:
LUA26-000032, NV-A
Project Manager: Valerie Porter, Senior Planner
Owner: Rebecca Lee Holt, 309 S 3rd St, Renton, WA 98057
Applicant: Katie Zimmerman, 1660 Park Lane, Burlington, WA 98233
Contact: Annette Wilson, 1660 Park Lane, Burlington, WA 98233
Project Location: Right-of-Way adjacent to 309 S 3rd St, Renton, WA 98057 (APN 7841300020)
Project Summary: The applicant, PSE, is requesting an Administrative Noise Variance from RMC 8-
7-2 (Noise Level Regulations, Maximum Environmental Noise Levels) in order to
change out a handhole. The applicant is proposing to do maintenance work,
which will result in the use of loud equipment for an extended period of time. The
applicant is proposing the work at night to limit disruption to nearby businesses
since this maintenance work would require power outages to several
businesses. The work would take one (1) night to complete. The proposed night
work would occur from 12:00 a.m. to 6:00 a.m.
Noise levels resulting from project construction activities are expected to
generate peak noise levels of 84 to 85 dBA at the source of the noise. These
sound levels are expected to diminish from the source of the noise. A variance
from RMC 8-7-2, Maximum Environmental Noise Levels, is necessary in order to
conduct the nighttime work, as the maximum permissible environmental noise
levels would otherwise be exceeded (per WAC 173-60-040, incorporated by
reference in RMC 8-7, Noise Level Regulations). The pieces of equipment that are
proposed to be utilized to complete the work include gas-powered equipment.
When possible, hand tools would be used, and the run time of gas-powered
equipment would be limited.
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City of Renton Department of Community & Economic Development
Replacement of Fargos
Administrative Report & Decision
LUA26-000032, NV-A
Report of February 26, 2026 Page 2 of 7
D_Replacement of Fargos_Noise Variance_Final
B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: PSE Short Worksketch
Exhibit 3: Temporary Traffic Control Plan
Exhibit 4: Neighborhood Detail Map
Exhibit 5: Administrative Noise Variance Justification
Exhibit 6: Project Narrative
Exhibit 7: Notice of Application
C. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Chapter 7 Noise Level Regulations
a. Section 8-7-2: Maximum Environmental Noise Levels
b. Section 8-7-8: Variances and Appeal
D. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on
January 26, 2026 and determined the application complete on January 28, 2026. Upon deeming the
land use application complete, the City issued a Notice of Application, which was mailed to the
applicant, property owner, and all property owners and tenants of record within 300 feet (300’) of the
site. The Notice of Application (Exhibit 7) was also posted on the City’s website and at the project
site. The project complies with the Type II 100-day review time period.
2. The applicant’s submittal materials comply with the requirements necessary to process the
administrative variance request (Exhibits 4 and 5).
3. The nighttime project site is located in the right-of-way (ROW) adjacent to 309 S 3rd St, Renton, WA
(APN 7841300020) (Exhibit 2).
4. The overall project work includes a Minor Utility Franchise Permit MFP25003779.
5. Access to the site would be provided via S 3rd St and Shattuck Ave S (Exhibit 3).
6. The site is mapped within a high seismic hazard area.
7. The applicant is proposing night work from 12:00 a.m. to 6:00 a.m.
8. Staff did not receive any public comments.
9. Representatives from various city departments have reviewed the application materials to identify
and address issues raised by the proposed nighttime work. These comments are contained in the
official file, and the essence of the comments has been incorporated into the appropriate sections
of this report and the Departmental Recommendation at the end of this report.
10. Variance Analysis: The applicant, PSE, is requesting a noise variance in order to exceed the
maximum nighttime environmental noise levels of RMC 8-7-2. The proposal is compliant with the
following variance criteria, pursuant to RMC 8-7-8D. Therefore, staff recommend approval of the
requested variance, if all conditions of approval are met:
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City of Renton Department of Community & Economic Development
Replacement of Fargos
Administrative Report & Decision
LUA26-000032, NV-A
Report of February 26, 2026 Page 3 of 7
D_Replacement of Fargos_Noise Variance_Final
Compliance Variance Criteria and Analysis
a. That the applicant suffers practical difficulties and unnecessary hardship and
the variance is necessary because of special circumstances applicable to the
applicant’s property or project, and that the strict application of this Chapter
will deprive the subject property owner or applicant of rights and privileges
enjoyed by others.
Staff Comment: The applicant is proposing maintenance work within the right-of-
way that must be conducted at night to minimize the disruptions to traffic and
nearby businesses created by the temporary shutoff of power. Equipment used to
conduct the work include a heavy-duty commercial truck and gas-powered hand
tools, which are anticipated to generate peak noise levels of 84 to 85 dBa at 50
feet (50’) from the source of the noise. Noise levels resulting from project
construction activities exceed the allowed noise level limits.
Staff concurs with the applicant that the location of the work is likely to impact
businesses located near S 3rd St and Shattuck Ave S if completed during the daytime,
and thus, necessitates the need for nighttime work. Nighttime work would
mitigate the impacts of temporary power loss to businesses during operational
hours and to residences during typical usage hours in the area. By permitting
nighttime work to exceed the allowable noise levels for nearby Class B EDNA
properties, the applicant can limit the daytime impacts on the nearby businesses.
Compliant if
Condition of
Approval is
Met
b. That the granting of the variance will not be materially detrimental to the
public health, welfare or safety, or unduly injurious to the property or
improvements in the vicinity of the location for which this variance is sought.
Staff Comment: According to the applicant, the need to exceed noise levels and
the temporary nighttime work would not be materially detrimental to the public
health, welfare or safety, or unduly injurious to the property or improvements in
the vicinity of the location for which this variance is being requested for. The work
is needed in order to keep power and equipment in good working condition. To
mitigate impacts on surrounding properties, the applicant is proposing to conduct
work at night to avoid disrupting business operations, use hand tools when
feasible, and limit the use of gas-powered equipment to reduce noise.
It is anticipated that the proposed nighttime work has the potential to be
materially detrimental to the public health, welfare or safety, or injurious to the
property or improvements in the vicinity of the project site if proper notification is
not provided. To ensure impacted property owners can properly prepare, staff
recommends, as a condition of approval, that the applicant do the following:
• A copy of the Noise Variance decision shall be kept on the project site at
all times.
• PSE coordinators shall notify all residents and commercial businesses of
nighttime work activities at least three (3) calendar days in advance of the
proposed nighttime construction work. This notification shall include the
type of work, as well as the Project Manager’s phone number should any
notified party wish to request more information or to file complaints
related to work activities.
Docusign Envelope ID: E59C75F4-F1FD-452C-971F-6DD62DBD0162
City of Renton Department of Community & Economic Development
Replacement of Fargos
Administrative Report & Decision
LUA26-000032, NV-A
Report of February 26, 2026 Page 4 of 7
D_Replacement of Fargos_Noise Variance_Final
c. That the variance sought is the minimum variance which will accomplish the
desired purpose.
Staff Comment: The requested Administrative Noise Variance would allow PSE to
complete the necessary fieldwork for the project in the minimum number of hours
needed (approximately six [6] hours). The planned nighttime construction work
would be performed with trucks that are likely to create noise and have flashing
lights, gas-powered equipment, and hand tools.
The proposed work timeframe is scheduled to take place on one (1) night from
approximately 12:00 a.m. to 6:00 a.m. Notification requirements are
recommended as conditions of approval in order to diminish project impacts on
the surrounding area.
The applicant is performing the work under the PSE Franchise Permit
MFP25003779. The franchise permit was issued on August 11, 2025 and is
currently set to expire on August 11, 2026.
Staff concurs that the requested one (1) night of work window is the minimum
needed to accomplish the site work to support the needs of PSE and their
customers.
d. That the variance contains such conditions deemed to be necessary to limit
the impact of the variance on the residence or property owners impacted by
the variance. The variance approval may be subject to conditions including,
but not limited to, the following:
a. Implementation of a noise monitoring program;
b. Maximum noise levels;
c. Limitation on types of equipment and use of particular equipment;
d. Limitation on back-up beepers for equipment;
e. Required use of noise shields or barriers;
f. Restrictions to specific times and days;
g. Specific requirements for documentation of compliance with the noise
variance conditions;
h. Specific requirements for notification to nearby residents;
i. Required cash security to pay for inspection services to verify
compliance;
j. Required access to the project by the City to verify compliance with the
noise variance conditions;
k. Specific program to allow for temporary hotel vouchers to effected
residents;
l. Requirements for written verification that all workers understand the
noise variance conditions for the project; and
m. Provision allowing the City to immediately revoke the variance approval if
the variance conditions are violated.
Staff Comment: The applicant is requesting a work schedule of no more than one
(1) night, between the hours of 12:00 a.m. and 6:00 a.m., to complete the
Docusign Envelope ID: E59C75F4-F1FD-452C-971F-6DD62DBD0162
City of Renton Department of Community & Economic Development
Replacement of Fargos
Administrative Report & Decision
LUA26-000032, NV-A
Report of February 26, 2026 Page 5 of 7
D_Replacement of Fargos_Noise Variance_Final
construction work. Staff recommends several mitigation measures to limit
impacts to nearby properties, see Variance Analysis above under subsection ‘b’
for mitigation measures that are proposed to be implemented as part of the
nighttime work. Any additional mitigation measures to diminish or eliminate noise
during construction may be provided by the applicant as necessary.
e. The importance of the services provided by the facility creating the noise and
the other impacts caused to the public safety, health and welfare balanced
against the harm to be suffered by residents or property owners receiving the
increased noise permitted under this variance.
Staff Comment: It is anticipated that the proposed nighttime work would not
adversely affect public safety, health, or welfare, and that no harm would be
suffered by the nearby properties due to the temporary increase above the
allowed decibel levels during the requested late-evening and early-morning
hours.
According to City of Renton (COR) Maps, the project site is located within a high
seismic hazard area. The noise impacts resulting from the site work are
anticipated to be minimal in nature.
f. The availability of practicable alternative locations or methods for the
proposed use which will generate the noise.
Staff Comment: No alternative locations are proposed to complete the requested
work as the work is needed at a specific location.
g. The extent by which the prescribed noise limitations will be exceeded by the
variance and the extent and duration of the variance.
Staff Comment: According to the applicant, the maximum anticipated noise levels
associated with the proposed work—primarily from equipment required to
perform maintenance activities—are expected to reach peak levels of
approximately 84 to 85 dBA at a distance of 50 feet (50’) from the source. These
sound levels are expected to diminish over greater distances.
Per the WAC 173-60-040, maximum permissible environmental noise levels, the
noise limitations for a Class B EDNA receiving property (commercial) from a Class
C source (right-of-way) is 65 dBA. As a result, the applicant is requesting a Noise
Variance for a total of one (1) night to complete the identified upgrade work.
E. CONCLUSIONS:
1. The subject site is located at 309 S 3rd St, Renton, WA 98057, see FOF 3.
2. The proposed nighttime work requires a variance from RMC 8-7-2 (Noise Level Regulations,
Maximum Environmental Noise Levels) as levels of noise for nighttime would be exceeded.
3. The applicant, PSE, requested a Noise Variance in order to exceed the nighttime dBA limits for work
from an EDNA Class (right-of-way) that would be received within EDNA Class B properties located at
309 S 3rd St, Renton, WA 98057.
4. The requested variance meets the seven (7) criteria to be considered in making a decision on a
variance request as specified in RMC 8-7-8, provided the applicant complies with City Code and
conditions of approval, see in FOF 10, subsection ‘b’.
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City of Renton Department of Community & Economic Development
Replacement of Fargos
Administrative Report & Decision
LUA26-000032, NV-A
Report of February 26, 2026 Page 6 of 7
D_Replacement of Fargos_Noise Variance_Final
F. DECISION:
The Replacement of Fargos, File No. LUA26-000032, NV-A, as depicted in Exhibits 1-7, is approved and is
subject to the following conditions:
1. To ensure impacted property owners can properly prepare, staff recommends, as a condition of
approval, that the applicant do the following:
a. A copy of the Noise Variance decision shall be kept on the project site at all times.
b. PSE coordinators shall notify all residents and commercial businesses of nighttime work
activities at least three (3) calendar days in advance of the proposed nighttime construction
work. This notification shall include the type of work, as well as the Project Manager’s
phone number should any notified party wish to request more information or to file
complaints related to work activities.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matthew Herrera, Planning Director Date
TRANSMITTED on February 26, 2026 to the Owner/Applicant/Contact:
Owner: Applicant: Contact:
Rebecca Lee Holt
309 S 3rd St
Renton, WA 98057
Katie Zimmerman
1660 Park Lane
Burlington, WA 98233
Annette Wilson
1660 Park Lane
Burlington, WA 98233
TRANSMITTED on February 26, 2026 to the Parties of Record:
None
TRANSMITTED on February 26, 2026 to the following:
Gina Estep, CED Administrator
Justin Johnson, Development Engineering Director
Nathan Janders, Development Engineering Manager
Clark Close, Current Planning Manager
Anjela Barton, Fire Marshal
G. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION:
The administrative land use decision will become final if the decision is not appealed within 14 days of the
decision date.
APPEAL: This administrative land use decision will become final if not appealed in writing to the
Hearing Examiner on or before 5:00 PM on March 12, 2026. An appeal of the decision must be filed
within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted
electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub
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2/26/2026 | 10:52 AM PST
City of Renton Department of Community & Economic Development
Replacement of Fargos
Administrative Report & Decision
LUA26-000032, NV-A
Report of February 26, 2026 Page 7 of 7
D_Replacement of Fargos_Noise Variance_Final
Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at
a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the
first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and
additional information regarding the appeal process may be obtained from the City Clerk’s Office,
cityclerk@rentonwa.gov.
EXPIRATION: The Variance decision will expire two (2) years from the date of decision. A single one (1) year
extension may be requested pursuant to RMC 4-9-250.
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be
reopened by the approval body. The approval body may modify his decision if material evidence not readily
discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After
review of the reconsideration request, if the approval body finds sufficient evidence to amend the original
decision, there will be no further extension of the appeal period. Any person wishing to take further action
must file a formal appeal within the 14-day appeal time frame.
THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one)
communications may occur concerning the land use decision. The Doctrine applies not only to the initial
decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval
date must be made in writing through the Hearing Examiner. All communications are public record and this
permits all interested parties to know the contents of the communication and would allow them to openly
rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by
the Court.
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CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Replacement of Fargos
Land Use File Number:
LUA26-000032, NV-A
Date of Report
February 26, 2026
Staff Contact
Valerie Porter
Senior Planner
Project Applicant
Katie Zimmerman,
1660 Park Lane,
Burlington, WA 98233
Project Location
Right-of-Way adjacent to
309 S 3rd St
Renton, WA 98057
The following exhibits are included with the Administrative report:
Exhibit 1: Administrative Decision
Exhibit 2: PSE Short Worksketch
Exhibit 3: Temporary Traffic Control Plan
Exhibit 4: Neighborhood Detail Map
Exhibit 5: Administrative Noise Variance Justification
Exhibit 6: Project Narrative
Exhibit 7: Notice of Application
Docusign Envelope ID: E59C75F4-F1FD-452C-971F-6DD62DBD0162