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HomeMy WebLinkAboutLUA-07-033 - Report 14U-11 R r r � � r I RAILROAD TIE WOODED ROOF BULKHEAD G' WOOD FENCE t ! �- - HORSESHOES ♦ BUILDING SETRACI( UN� - ♦ - - - I ♦ I i i r J � r , � WOODEN PIERLQF r - r f � 1 � I s. I ! I I O ! + J L " J ! I 1 LGn - J ' I f I 1 1 - / 0- 1� J ♦ I D ACHED ACCESSORY RUCTURE; SEE BHT. A6,4 ? Ra f0AB0 1 I FOR LAYOUT AND DETAILS CLEAR DIM. TO HOOF r - - - - - - - 6'-0" MIN. RQ'D. SETBACK I 11 n r n BUILDING SETBACK LINE I J r I I , f r S89*35'27"E 42.84' '� r " 21-6 IQ 10" I • ROOF OVERHANG -- J 1 I ♦ EITHER SIDE. EAST I / OVERHANG PROJECTS I 1 Z-0" INTO REQUIRED 1 1 6'-0' B DG. SEPERATIONr ! D 6;I CO m z \ \ \ Z 1 Ijll ♦ ~� �!ELLI O Ike _ 5+ rn � � x. D pill I I it - -- o A�� - 0- Cl) ROOKt � Porter Residence M1.6a PwAft Da: ownK ou.�em: �� , � Stsve &Nancy Porter Alhwurth Nussbaum �krrPortaN — — �} ultf!'ean �� Schultz / Miller+07— ,'� R SIB ArChkE, LLC s' S70a 164MEOM View Am N. .� � verK ■...��.r i.. 11...,_ .� .�,-. d.. .._ n .w. � •• 6 I aa' i I ' i i I FIREPLACE PAVILION PLAN a S , _LK OF DDDF WE r� 4•a I I � IfiND1F I ------------- I i 0=DaeIIBF SDE RM ST4 ON B CU)wasom erow ON ow BfOfE Isf�l WE ON r SiL kGI.E H.MLdW e&WRIUE DIDS, RASH ID SM t Z� a TS BBW J b D r TkKsroNE ax f DYl FiiE BBIR( OJlit`HENDH Fouu FM smucr. � `a 'e 1 SECTION %+} EXT. FIREPLACE 3/4' D' 7 �99 U i C 0g ga) ir— R FIAEPL PLANS, D/E�TAIL / 1 I / 1 f 1 / J � � I J 1 1 J I- ---- - � 1N ,D J -11110 I y L1N OF RE; SEE SHT. A6.4 ! I FOR LAYOUT AND DETAILS F 1 r r CLEAR DIM. TO ROOF 6'-0" MIN. RQ'D. SETBACK ? E I II I II - - BUILDING SETBACK UNE- „ I I S89*35'27"E 42.84' I ! ROOF OVERHANG EITHER SIDE. FAST / I I / OVERHANG PROJECTS Z4INTO REQUIRED I 1 94 BLDG. SEPERATION/ I 1 r r )L7 � r u -,''x. :• `r7�� • ,_.• 1. -oil lop U 5' MOOD FENCE November 7, 2006 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPELLANT: Chris & Holly Oppfelt 13028 NE 32"d Place Bellevue, WA 98005 PROPERTY OWNER: Steve & Nancy Porter H 329 Newcastle Way Newcastle, WA 98056 Building Appeal of Permit #CP05222 PUBLIC HEARING: After reviewing the Appellant's written requests for a hearing and examining available information on file, the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the October 17, 2006 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, October 17, 2006, at 9:03 a.m, in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing correspondence and copy of the original appeal. Exhibit No. 2: Entire Building Permit File (by reference) Exhibit No. 3: Aerial Photograph of Property Exhibit No. 4: Revision Submitted During the Buildin Permit Review Process Exhibit No. 5: West Elevations of Accessory Structure (Sheet A6.4) Exhibit No. 6: South Elevation as viewed from Mr. felt's rope (Sheet A6.4) Exhibit No. 7: Statement of Mr. Oppfelt Exhibit No. 8: City's Guidelines with regard to Accessory Structures Exhibit No. 9: West Elevation by Oppfelt (2 pages) Exhibit No. 10a: Photo of Property looking from the Lake back through the side ards of the two houses. Exhibit No. 10b: North view diagonal across the Porter property Exhibit No. 10c: Second Location Exhibit No. 10d: Visual from Deck Area of Oppfelt House Showing Spray Paint Where Structure Will Be Built Opp felt Appeal of Permit Permit No.: CP05222 November 7, 2006 Page 2 The hearing opened with comments by Jennifer Henning, Development Services Department Manger. This is a Combination Building permit and at issue is the accessory detached structure that is part of the building permit. It is the setback for this accessory structure. The property is located at 3205 Mountain View Avenue N., just north of 32"d Street just off of Mountain View N. The parcel does extend into the lake. The building application was made to the City on April 22, 2005, the building permit was issued on February 23, 2006 and it does expire February 18, 2007 if it should lapse for any reason. The zoning for this site is Residential-8 Dwelling Units per acre (R-8). Within the R-8 zone accessory structures that are detached are allowed to be up to 15' in height (one story) with a zero setback in side and rear yards. This particular structure will be setback approximately 17' from the south property line. The Examiner inquired as to how close a structure with combustible materials could be built to any other physical structures with a zero clearance. If Mr. Oppfelt were to put up a fence or zero lot line structure, would this preclude him being able to do that? Ms. Henning stated that this does meet zoning codes. Under building codes, a structure must be 6' away from the primary residence in order to be considered an accessory structure. When or if another accessory structure is built on the adjoining property line they do not become one building but remain two individual structures. According to fire code, if a structure is built up to the property line, there must be a firewall of some sort with a concrete layer. The Fire Department and Building Department reviewed this matter and their comments were to follow the manufacturer's recommendations with regard to fireplace and chimney. Maintenance and construction would have to be taken into consideration, a construction access easement might have to be negotiated with the adjoining property owner. Chris Oppfelt had a prepared statement that he read into the record, a copy of which was given to the Examiner. The statements reiterated the primary basis for the appeal, being the City's building codes and permitting process with respect to this accessory structure appears to result in trespass on an adjoining property or an implied expectation that the workers involved in constructing or maintaining this structure are likely to be subjected to unsafe work conditions. The proposed detached structure is 19-inches from the property line. The back of the structure is anywhere from 7.5-feet to 11.5-feet tall. The grade of the side yard on the backside of the structure is anywhere from 1 to 4 feet below the finish grade of the patio surface on which the proposed structure will be built. Photos were shown to depict the difference in actual and proposed information. An easement has not been granted for any construction or trespass onto their property for the construction of the accessory structure. Jennifer Henning stated that in a side yard area a fence may be as tall as six feet. A detached accessory structure can be up to 15-feet in height. A fence is considered to be an element of the site's landscaping, it is not subject to a building permit, should Mr. Oppfelt choose to put a similar detached accessory structure on his property, it also may be 15-feet tall and it can be located on the property line. However, when there is an accessory structure existing on a piece of property, and the neighbor comes along and wishes to construct a similar structure, there could be some upgrades or fire protection limits put upon the second person in order to construct the same structure. Shoreline setbacks do come into play, a minimum of 25-feet is required as a setback for shoreline residential structures and accessory structures. A patio or deck at grade is considered to be part of the yard, not a structure. It must be elevated 18-inches to be subject to setbacks. Oppfelt Appeal of Permit Permit No.: CP05222 November 7, 2006 Page 3 Steve Porter stated that they were aware that there would be construction and maintenance issues with the structure. His contractor felt the structure could be built without encroaching on the Oppfelt property. The structure could also be maintained in the same manner. The fireplace will be a gas log insert, not an actual wood fireplace. They have offered to construct a fence along the property line to ensure that they do not encroach onto the Oppfelt property. The actual fireplace will be two feet five inches from the property line. James Gray, Assistant Fire Marshal, City of Renton stated that the fire code does not address fireplace construction or the closeness to the property line. This would be a building code issue because it is a structure. The gas fireplace would be a mechanical permit that would allow for the installation of that. There are no special requirements for something that would be built next to this structure from the other side. Setbacks would be whatever the building code required. From gas fireplaces you get a water vapor at the chimney exhaust, carbon monoxide would be present at an incomplete burning where it would be picking up carbon from the burning element. It would not be super hot, normally it is a cold vapor, and it would not affect landscaping. Craig Burnell, Development Services, City of Renton stated that upon quickly looking up codes for chimneys and direct vent appliances, none of them quote distance from the property line, they do state 7-feet above a walkway, 1-foot above any door or window into a building, 3-feet from an interior corner farmed by two walls and 3-feet horizontally from any oil tank or gas meter_ Such an item should be in accordance with its listing and follow the manufacturer's instructions. The code further states that if the termination is located below an adjacent roof structure, the termination point shall be at least Meet from the structure. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:23 am. FINDINGS CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: The appellants, Chris and HolIy Oppfelt, hereinafter appellants, filed an appeal of an administrative decision issuing a building permit for an outdoor, free-standing fireplace affecting property in the City of Renton. 2. The subject site, the site where the fireplace will be constructed, is located at 3205 Mountain View Avenue North. The appellants own the lot located at 3119 Mountain View Avenue North. The appellants' lot is immediately to the south of the subject site and shares a common property line with the subject site. The applicant has received a building permit for what is termed a "detached accessory structure." Code allows such structures to be located in the rear yard of single-family homes and allows them to be built on the property line (RMC 4-2-110B). Q. The appellants allege that allowing the fireplace structure in that location will affect their use of their property, the property located immediately south of the property line upon which the fireplace would be located. The appellants claim that there are no easements that would allow the applicant to venture onto the appellants' property for either initial construction or periodic maintenance. They also allege that it would unfairly limit what they can place on their side of the shared property line. The applicant, in response to the appeal and in response to their neighbors' concerns have moved the structure which would now be located approximately one foot, seven inches (17) from the property line. Oppfelt Appeal of Permit Permit No.: CP05222 November 7, 2006 Page 4 6. The only condition placed upon installation was that it meet the manufacturer's installation requirements for setback from walls or other nearby items. 7. The gist of the appellants' argument is that placing a fireplace at or near the property line could foreclose their freedom of choosing what type of fence, item, landscaping or accessory structure they could place on or near the property line in the immediate vicinity of the fireplace. 8. Clearly, if the applicant were to construct a shed or fence or trellis, that is something that did not generate heat, there would probably be no limitation on what could be constructed or planted by the appellants immediately abutting such shed or fence on their side of the property line. Zero setback would not affect what they could place there. 9. There would still be the issue of constructing and/or maintaining whatever was placed at zero setback but it would not hamper the appellants' ability to also construct something at the property line. 10. Code was not precisely clear in dealing with such a fireplace constructed on its own and outside of a residential building. Setback for a detached or freestanding fireplace, again, appears to be based on the manufacturer's specifications. 11. The appellants and the applicant apparently get along well and are friendly with one another. Be that as it may, obviously, the installation of this freestanding fireplace near the property line has the potential of creating friction in addition to the heat it will generate. 12. This office has no control over air pollution issues, nuisance issues, worker safety issues or trespass issues. Those are governed by other agencies or are the concern other legal bodies or are private remedies available outside of this forum. 13. This office will also not attempt to deal with the ramifications of "zero lot line" construction issues or policies. A zero -lot -line is permitted by code but it does not explain how neighbors are to implement it without raising issues of trespass or maintenance easements. CONCLUSIONS: 1. The appellant has the burden of demonstrating that the decision of the City Official was either in error, or was otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 4- 8-110(E)(7)(b). The appellant has demonstrated that the action of the City should be modified or reversed. The decision is hereby modified. 2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts and circumstances. A decision, when exercised honestly and upon due consideration of the facts and circumstances, is not arbitrary or capricious (Northern Pacific Transport Co. v Washington Utilities and Transportation Commission, 69 Wn. 2d 472,478 (1966). 3. An action is likewise clearly erroneous when, although there is evidence to support it, the reviewing body, on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. (Ancheta v Daly, 77 Wn. 2d 255, 259 (1969). An appellant body should not necessarily substitute its judgment for the underlying agency with expertise in a matter unless appropriate. 4. Section 4-8-110(E)(7)(a) requires that the decision of the City official be given substantial weight: Oppfelt Appeal of Permit Permit No.: CP05222 November 7, 2006 Page 5 "Substantial Weight: The procedural determination by the Environmental Review Committee or City staff shall carry substantial weight in any appeal proceeding. (Ord. 3891, 2-25-1985) The Hearing Examiner shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter/Title. (Ord. 4346, 3-9-1992)." 5. The decision below should be respected but the placement of the fireplace and its specified setbacks from combustible materials was ambiguous given the nature of the manufacturer's specifications that were to be followed for installation. Therefore, the decision below should be modified to avoid any imposition of setback requirements falling on the appellants. In actuality, there may be no impact on the appellants as far as setback but it is not clear at this juncture. This office cannot explore other impacts to the appellants such as view blockage, trespass, air or even heat pollution, etc since those are not issues within this office's jurisdiction. 6. This office does believe that the zero -lot -line setback as a concept has to be available to parties on both sides of the common property line and be available equally. That means it is not a "first in time, first in right" privilege. Both neighbors should be able to construct something at or on the property line. And neither should be able to construct anything which would foreclose the second from constructing anything of any legal material on or at the property line. That is, if one neighbor utilizes a zero setback, it cannot foreclose the use of zero -lot -line by the abutting neighbor. That means that neighbor A cannot place a detached structure on the lot line that can interfere with neighbor B being able to also place something on the lot line. If a fireplace has to maintain any kind of fire -safety clearance from adjacent or nearby items or construction then that clearance needs to be fully provided by the neighbor installing the fireplace. The installation should abide by the most generous setback that would be required if flammable materials were located immediately adjacent or directly on or at the property line. Any setback envelope must be entirely on the property of the underlying applicant. In this case, if there were an easily flammable fence material or 15' tall shed constructed on the lot line, then the Porter's installation shall be required to meet the manufacturer's installation specifications for the entire installation including the stove, flue and chimney, exhaust vent or what have you. The property line for this type of installation needs to be treated as if flammable materials were used along the common property line and that they extend skyward at least as high as legally permissible. 'Good fences make good neighbors'. (MENDING WALL, Robert Frost) and in this case an imaginary fence shall be used to make and keep good neighbors. The record discloses that the contractor or the applicant has offered to construct a fence to prevent current and future trespass. The appellants may opt for that as they choose. The sticking point in this matter is that there is no clear indication of what kind of setback will be required for this fireplace from any combustible materials that might be located to its rear. Also, since the brand or type of fireplace, an insert, could be changed, it is possible that the setback specifications could change. Therefore, it seems reasonable that the appellants, on their side of the property line are not in any way encumbered with placement issues for anything they wish to locate to the rear or south of this fireplace on the appellants' side of the property line. The fireplace structure and with it, any actual fireplace insert shall always maintain the setback specified by the manufacturer on the applicant's side of the property line. If the insert is changed for one of higher BTU's or one that requires a greater setback from adjacent combustible material, the specified setback shall be measured from the property line. The Decision below is affirmed in part and conditioned in part. Oppfelt Appeal of Permit Permit No.: CP05222 November 7, 2006 Page 6 DECISION: The decision below is modified as follows: 1. The applicant shall be required to observe the manufacturer's minimum standards for setback subject to the following conditions: 2. The manufacturer's specifications or setback shall be measured from the property line. .3. The property line shall be vertically extended both upward and downward from the ground elevation of the Oppfelt property, the adjacent parcel to the south. 4. That vertical extension shall be viewed as if it were a vertical plane constructed of an easily combustible material such as paper or live landscaping material. ORDERED THIS 7'h day of November 2006. FRED J. KALkAlAN HEARING EXAMINER TRANSMITTED THIS 7`� day of November 2006 to the parties of record: Jennifer Henning Development Services City of Renton James Gray Assistant Fire Marshal City of Renton Chris & Holly Oppfelt 13028 NE 32d Place Bellevue, WA 98005 Craig Burnell Development Services City of Renton TRANSMITTED THIS 7a' day of November 2006 to the following: Mayor Kathy Keolker Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Steve & Nancy Porter 11329 Newcastle Way Newcastle, WA 98056 Stan Engler, Fire Marshal Larry Meckling, Building Official Planning Commission Transpiration Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal i Oppfelt Appeal of Permit Permit No.: CP05222 November 7, 2006 Page 7 Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m:, November 21, 2006. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., November 21, 2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final Processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. To: City of Renton From: Chris & Holly Oppfelt Property address - 3119 Mountain View Avenue North Renton WA 98056 Mailing address — 13028 NE 32"d Place Bellevue WA 98005 Phone — 425-891-4592 Subject NOTES FOR HEARING HELD ON OCTOBER 17, 2006 TO CONSIDER OUR APPEAL OF CITY OF RENTON'S ISSUANCE OF A BUILDING PERMIT (#CP05222) ALLOWING FOR CONSTRUCTION OF DETACHED ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 3205 MOUNTAIN VIEW AVENUE NORTH, RENTON, WA 98056 First off, we would like to express our thanks to the City of Renton and all involved for the assistance we received in understanding the steps and workings of this appeal process. We are very appreciative to be afforded the opportunity to file an appeal and be granted our "day in court" so to speak. Without further delay, let me read the following statement. In preparing for this meeting I reread the initial letter that we submitted to formally launch this appeal and believe that it still is clear and complete with respect to delineating the nature of our concerns and calling out the "substantial error(s) in fact or law which exist in the record of the proceedings and from which we seek relief'. Let us review. ISSUE 1: LACK OF EASEMENTS/ PROTECTION AGAINST TRESPASS The primary basis for our appeal is straightforward: the City's building codes/ permitting process with respect to detached accessory structures appears clearly to result in either or both of the following: 1. Trespass on an adjoining parcel of property, and/or perhaps 2. An implied expectation that the workers involved in constructing or maintaining the structure are likely to be subjected to unsafe work conditions. We don't think it makes any sense that the City's development standards for detached accessory structures (see attachment #1) should allow, in the case of our zoning district, a structure as tall as 15' in height to be built on a property line (if located between the rear of the house and the rear property line) without considering how the act of physically constructing and maintaining the structure might result in trespass on the adjoining parcel of land. The only situation where trespass is reasonably certain to be avoided for any sizable structure located on or near an adjoining property line would be a situation where a structure is designed/engineered so that it could be built in one location and then slid into place so as to be "on" a property line and later slid away from a property line for periodic maintenance and so on. Anything else is virtually certain to result in trespass -- which is totally unfair and from which an adjoining property owner should reasonably expect the City to provide protections against as part of granting such permits. As called out in our initial appeal filing, we believe that the City's building codes/ permitting process need to reasonably protect adjoining property owners from trespass. In order to do so, the building codes and permitting process for detached accessory structures, when allowed to be situated within close proximity to a property line (e.g. "zero" or "near -zero" lot line structures), need to incorporate a reasonable standard that would ensure either: 1. That it's feasible to construct/ maintain the structure without risk of trespass, or 2. That appropriate temporary construction and ongoing maintenance easements be obtained concurrent with the permit process. In our specific situation, we were not asked nor did we grant any easements and we seriously doubt that the Porter's structure as designed can be safely built where currently intended without trespassing on our property. To prove this I considered bringing an assortment of props to make certain that the spatial challenges of what my neighbor is proposing to build within the remaining space that will exist between their proposed structure and our mutual property line are fully comprehended but am confident that a simple review/ walkthrough will suffice. Let's review the basics: 1. It is our understanding that the proposed detached structure will be situated within 18" of our mutual property line. 2. The back of the structure, per the permit drawings we obtained, is anywhere from - 7 % feet to - 11 '/x feet tall. (See attachment 2) 3. The grade of the side yard on the back side of this structure is anywhere from 1 foot to 4 feet below the finished grade of the patio surface on which the proposed structure will be built. (See attachment 3) So, let's walk through this. Working within an 18" setback is challenging for even the most simple construction project_ You don't have the room to swing a hammer normally nor even paint with a paint brush normally. These are activities that are typically performed at about an arms length distance (requiring about 3 feet of workspace). Now add in the need to use a ladder for construction of the Porter's proposed structure and the required amount of work space increases. To maintain anywhere near OSHA/ other work safety standards for ladder usage you will need the foot of any ladder used in connection with this project to be 1 foot back from the base of the structure for every 4 feet in ladder height. This achieves the recommended 75 degree ladder angle called out in the safety standards per attachment 4. So if you combine the height of the proposed structure with the true/likely grade of the side yard behind the structure it appears you will need to extend a ladder or otherwise reach up anywhere from 9 feet to perhaps 14 feet above the grade of the side yard. This would imply a need for base of the ladder to be perhaps 2 to as much as maybe 3 Y2 feet back from the base of the proposed structure. Add to this that a worker has to be able to get themselves (along with any materials and equipment) safely on/ off the ladder and you add perhaps another 12 to 18" of space needed at the base of the ladder. Add all this up and it would seem that somewhere in the range of 3 to 5 feet (vs. the 18" setback as currently permitted) is needed between the proposed structure and our mutual property line to reasonably ensure that: 1. Our property rights are not violated by acts of trespass (both from initial construction and from any ongoing maintenance), and 2. An OSHA! basic work safety standard compliant safe work site is provided for any/all workers now & into the future. UNFAIR LIMITATION ON OUR FUTURE DEVELOPMENT RIGHTS: The second issue raised in our appeal concerns what we referred to as the "non -benign" nature of this proposed structure (the fireplace insert). As indicated in the appeal it is not possible for us to determine the extent of any detrimental effects that we may be subjected to by virtue of our proximity to what is going to be exhausted out of the top of this unit. As called out in our appeal letter the only thing that the City could tell us is that the any setbacks must be "in accordance with the manufacturer's specifications". There's much we don't know: How far away does one have to be to not feel any noticeable temperature impact? What is in the mix of the exhaust gases? Are there any health issues associated with the contents of the exhaust gas? Is there any odor that will be omitted? We are not even sure what the manufacturer's required setbacks are vis-a-vis landscaping? Should the encroachment of this exhaust source be allowed to cause us, now or into the future, to have to adjust something even as simple as our landscape design to accommodate the "manufacturer's specifications" on this device? Again, we don't know but think it's unfair and unreasonable if this device ever restricts any of our development rights. Since we aren't really able to discern how we will be impacted by the non -benign nature of this structure, we also can't specify what relief we seek. As stated in our initial appeal, at a minimum, in would seem reasonable that the type of fireplace device allowed and the required setback from the property line of the detached accessory structure should mirror the code requirements applicable to when these same devices are installed in the primary residential structures themselves. CONCLUSION: Overall, and regardless of the outcome of this specific appeal, we hope we have called sufficient attention to what we believe to be shortfalls in the adequacy of the City of Renton's building codes and/or permitting process with respect to detached accessory structures. Any revisions to the building code and/or permitting process that would ensure that a reasonable level of protection against trespass is afforded to neighboring property owner would be good public policy and good for all property owners & citizens of this community. Thanks you for time and consideration of this appeal. I would be happy to provide any further information you need or answer any questions you might have in order to fully and fairly consider the underlying facts & situation surrounding this appeal. CRICKET AND FASHING TO CHIMNEY SHT. MTL. CAP AND STANDING SEAM MT. ROOF FLUE COVER 3• 12 STANDING SEAM MT. ROOF 2 2X6 T&G CEDAR DECK BDS.ON 2X4 CEDAR NAILER TO TS 3" 4X8 TS BMS., P- 010 TS COLS., P- u 010 TS COLS., P- - IX6 CLEAR CEADAR W/12" -- 1X6 CLEAR CEADAR GAP BETWEEN BOARDS; S.S. CAP BETWEEN BOARDS; S,S, SCREW ATTACHMENTS, TYR - -� o SCREW ATTACHMENTS, TYP. CONC. COUNTER STONE FACING, ST4 BASE CAB.;1X4 T&G CEDAR ON S.S. LEGS; COORD. WITH q co OWNER FOR UNDERCAB. STOI Arl GRIM AND ELECTrGAS ? REQUIREMENTS IL ` 4 STONED /+���7�G, ST CONC. HEARTH r � )FIREPLACE PAVILION -- WEST EL V. 1/2"=1'-0'" TIT ., I zo GQ 21-2" 2',2" EQ FIREPLACE PAVILION - SOUTH ELEV. 1/2" =1'-0" Ak C5 5`0 tt- %\ A V \ �� �rl-� Qk-�,r CV\ aC� 1\eC� �,, ZONING i + PAUM T1CHI4WAL URVIM Oznfim "I: , N 38th R— -- -- -- — Renton MY thnitM CDR F CI V 1 tl806 31 T24N ME E 1/2 sum Printed by Pdrd 8 Wd Swbm, C4 of Rmtan CRICKET AND FASHING TO CHIMNEY STANDING SEAM MT. ROOF 3", 010 TS COLS., P- 1X6 CLEAR CEADAR WV" GAP BETWEEN BOARDS; S.S. SCREW ATTACHMENTS, TYP. STONE FACING, ST-8 12 2 FIREPLACE PAVILION 112„ =1,_0„ - MST ELEV. Lm T. MTL. CAP , JE COVER 4NDING SEA i T&G CEDA S. ON 2X4 C ILER TO TS i TS BMS., P 0 ITS COLS., } CLEAR CFI P BETWEEN REW ATTACI NC. COUNTEI 3E CAB.;1X4 S.S. LEGS; ( INER FOR UI L AND ELF RUIREMENTS FACING, HEARTH FIREPLACE PAVILION - ELEV. 112 =1'-O" ,WN u C), r AID ABC' LIN& OF f ' 1 FQR� WAILS R CLEAR D O ROOF 64 Wk AQ'Q a1w - / BACK LINE M E 4 2.8 4' 2i 21-6 vz io' p ROOF OVERHANG ` _ •'/ l r ErrHER SIRE. EAST ! / OVERHANG PROJECTS r r 2'-0' INTO REQUIRED 1 P f 6'-W BLDG. SEPERATIOW/ 5`ETBXK J 1 / F wiqlph j --- Renton City Limits Parcels Renton SCALE 1 : 1,044 50 0 so 100 FEET 150 k 92 http://rentonnet.org/MapGuide/maps/Parcel.mwf Tuesday, October 17, 2006 8:44 AM FIREPLACE PAVILION -- SOUTH ELEV. 1/2" =1 `—O" CHM INwrm TO O*MEY STABBING SEAM 3" lr 010 TS CnLS,, f 1X6 M— _EN GAP BEWEEN SCFlEW AT TM STONE FACING 1 -+—LINE OF ROO 4-2-1 1 oA DEVELOPMENT STANDARDS FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS (Primary and Attached Accessory Structures) Minimum Housing None None None 4 dwelling units per net acre.' 2 Density for proposed short plats or subdivisions Maximum Housing 1 dwelling unit per 10 net acres,5 1 dwelling unit per 1 net acre 4 dwelling units per 1 net 8 dwelling units per 1 net acre. Dens€tyZ 14 except that in designated acre.13 Urban Separators, density of up to 1 unit per gross acre may be permitted subject to 's conditions in RMC 4-3-110, Urban Separator Overlay. N11kR OF D1WELJ1 U. Maximum Number 1 dwelling with 1 accessory unit. 1 dwelling unit. 1 dwelling unit. 1 dwelling unit. per legal lot 2 'LOT D�IU�I�S�OI , Minimum Lot Size 10 acres. 1 acre. 8,000 sq. ft.", 13 except where 4,500 sq. ft. for parcels greater for lots created after 10,000 sq. ft. for cluster small lot clusters10 are than 1 acre. November 10, 2004 development,3 allowed, R-8 standards shall 5,000 sq. ft. for parcels 1 acre or apply. less. Minimum Lot Width 150 ft. for interior tots. 75 ft. for interior lots. 70 ft. for interior lots, 50 ft. for interior lots. for lots created after 175 ft. for corner lots. 85 ft. for corner lots. 80 ft, for corner Iots.11 13 60 ft, for corner lots, November 10, 2004 � Except for clustered develop- Except where small lot ment within designated cluster1° are allowed, R-8 Urban Separators, R-4 stan- standards shall apply. I dards shall apply for both interior and corner lots. Minimum Lot Depth 200 ft. 85 ft. 80 ft.". 13 except where small 65 ft. for lots created after lot clusters10 are allowed, R-8 November 10, 2004 standards shall apply. Conflicts., See RMC 4-1-080. Lk DEVELOPMENT STANDARDS FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS (Primary and Attached Accessory Structures) -Y ex f f K FI 1 rs Minimum Front 30 ft.6 30 ft.6 30 ft.12. 13 except where small 15 ft. for primary structure. Yard lot clusters10 are allowed, R-8 20 ft. for attached garages standards shall apply. accessed from front or side yard Unit with Alley Access street. Garage: The front yard set- Unit with Alley Access Garage: back of the primary structure The front yard setback of the pri- may be reduced to 20 ft. if all mary structure may be reduced to parking is provided in the rear 10 ft. if all parking is provided in yard of the lot with access the rear yard of the lot with access from a public right-of-way or from a public right-of-way or alley.6 alley.6 Minimum Side Yard 30 ft.7 20 ft 7 20 ft.12,13 except where small 15 ft.' for the primary structure Along a Street lot clusters10 are allowed, 15 and 20 ft. for attached garages ft. is allowed. which access from the front and side yard along a street. Minimum Side Yard 25 ft. 15 ft. 15 combined ft,12,13 is allowed 5 ft. with a minimum of 5 ft. for any side yard, except where small lot elusters14 are allowed, 5 ft. Minimum Rear Yard 35 ft. 25 ft, 25 ft. 20 ft. Where small lot clusters10 are allowed, 20 ft. Clear Vision Area In no case shall a structure over In no case shall a structure In no case shall a structure In no case shall a structure over 42 in. in height intrude into the 20 over 42 in. in height intrude over 42 in. in height intrude 42 in. in height intrude into the 20 ft. clear vision area defined in into the 20 ft. clear vision into the 20 ft. clear vision area ft. clear vision area defined in RMC 4-11-030. area defined in RMC defined in RMC 4-11-030. RMC 4-11-030. 4-11-030. Minimum Freeway 10 ft. landscaped setback from 10 ft. landscaped setback 10 ft. landscaped setback 10 ft. landscaped setback from Frontage Setback the street property line. from the street property line. from the street property line. the street property line. Conflicls: See RMC 4-1-084. DEVELOPMENT STANDARDS FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS (Primary and Attached Accessory Structures) BUIL9TAN18 Maximum Building 2 stories and 30 ft. 2 stories and 30 ft. 2 stories and 30 ft. for Stan- 2 stories and 30 ft. Height and Number dard roof. of Stories, except for uses having a 2 stories and 35 ft. for roofs Public Suffix" (P) having a pitch greater than designations 3/12. Maximum Height See RMC 4-4-140G. See RMC 4.4-140G. See RMC 4-4-140G. See RMC 4-4-140G_ for Wireless Communication Facilities C Maximum Building Lots 5 acres or more: 2%. An 35%. Lots greater than 5,000 sq. Lots 5,000 sq. ft. or greater: Coverage additional 5% of the total area ft., 35% or 2,500 sq. ft., 350' or 2,500 sq, ft., whichever is (including primary may be used for agricultural whichever is greater. greater. and accessory buildings) buildings. Lots 5,000 sq. ft. or less; Lots less than 5,000 sq. ft.: 50%. Lots 10,000 sq. ft. to 5 acres; 50% 15%. On lots greater than 1 acre, an additional 5% of the total area may be used for agricultural buildings. Lots 10,000 sq. ft. or less: 35%. Vertical Facade All dwelling units shall provide Modulation vertical facade modulation at least every twenty horizontal feet (20% including front, side and rear facades when visible from a street. Confllcts: See RMC 4-1-080. N N DEVELOPMENT STANDARDS FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS (Primary and Attached Accessory Structures) ._ ._ ......... . ... _ . ... Minimum Off -Site 5 ft. wide irrigated or drought 5 ft. wide irrigated or drought Landscaping resistant landscape strip; pro- resistant landscape strip; pro - Abutting Non- vided, that if there is additional vided, that if there is additional Arterial Public undeveloped right-of-way in undeveloped right-of-way in Streets for Plats and excess of 5 ft., this shall also excess of 5 ft., this shall also be Short Plats be landscaped. landscaped. Submitted on or after November 10, 2004 Minimum Off -Site 10 ft. wide irrigated or drought 10 ft. wide irrigated or drought Landscaping resistant landscape strip; pro- resistant landscape strip; pro - Abutting Principal, vided, that if there is additional vided, that if there is additional Minor and undeveloped right-of-way in undeveloped right-of-way in Collector Arterial excess of 10 ft., this shall also excess of 10 ft., this shall also be Streets for Plats and be landscaped, unless other- landscaped, unless otherwise Short Plats wise determined by the determined by the reviewing off i- Submitted on or after reviewing official during the vial during the subdivision pro - November 10, 2004 subdivision process. cess. Minimum On- or At least two (2) trees of a City- At least two (2) trees of a City - Off -Site Tree approved species with a mini- approved species with a minimum Requirements for mum caliper of 1 1/2" per tree caliper of 1 1/2" per tree shall be Plats and Shod Plats I shall be planted in the front planted in the front yard or plant - Submitted on or after yard or planting strip of every ing strip of every lot prior to occu- November 10, 2004 lot prior to occupancy. panty. Conflicts: See RMC 4-1-080. DEVELOPMENT STANDARDS FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS (Primary and Attached Accessory Structures) EX/gyp Pre -Existing Legal Nothing herein shall be deter- Nothing herein shall be deter- Nothing herein shall be deter- Nothing herein shall be deter - Lots mined to prohibit the construction mined to prohibit the con- mined to prohibit the construc- mined to prohibit the construction of a single family dwelling and its struction of a single family tion of a single family dwelling of a single family dwelling and its accessory buildings on a pre- dwelling and its accessory and its accessory buildings on accessory buildings on a pre- existing legal lot provided that all buildings on a pre-existing a pre-existing legal lot pro- existing legal lot provided that all setbacks, lot coverage, height legal lot provided that all set- vided that all setbacks, lot setbacks, lot coverage, height Iim- limits, infrastructure, and parking backs, lot coverage, height coverage, height limits, infra- its, infrastructure, and parking requirements for this zone can be limits, infrastructure, and structure, and parking require- requirements for this zone can be satisfied and provisions of RMC ( parking requirements for this ments for this zone can be satisfied and provisions of RMC 4-3-050, Critical Areas, can be zone can be satisfied and satisfied and provisions of 4-3-050, Critical Areas, can be met. provisions of RMC 4-3-050, RMC 4-3-050, Critical Areas, met. Critical Areas, can be met. can be met. RITI - General See RMC 4-3-050 and 4-3-090. See RMC 4-3-050 and See RMC 4-3-050 and See RMC 4-3-050 and 4-3-090. 4-3-090. 4-3-090. (Ord. 4869, 10-23-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5132, 4-4-2005; Ord. 5153, 9-26-2005) Conflicts: See RMC 4-1-080. N 4-2-11 OB DEVELOPMENT STANDARDS FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS General 2 structures — max. 720 sq. ft. 2 structures — max. 720 sq. ft. 2 structures — max. 720 sq. q. per structure, or per structure, or ft. per structure, or 1 structure — max. 1,000 sq. 1 structure — max. 1,000 sq, ft. 1 structure — max. 1,000 sq. 00 sq. t In addition, 1 bard or stable — ft. In addition, 1 barn or stable — max, 2,000 sq. ft.; provided the Accessory structures shall lI max. 2,000 sq. ft.; provided lot is 5 acres or more. only be allowed on lots in I onl on lots in the lot is 5 acres or more. Accessory structures shall only conjunction with a primary rimary Accessory structures shall be allowed on lots in conjunc- residential use. r only be allowed on lots in tion with a primary residential conjunction with a primary use. residential use. General The total floor area of all The total floor area of all acces- The total floor area of all ac- The total floor area of all accessory buildings shall not sory buildings shall not be cessory buildings shall not accessory buildings shall not be greater than the floor area greater than the floor area of be greaterthan the floor area be greater than the floor area of the primary residential use. the primary residential use. of the primary residential of the primary residential The lot coverage of the pri- The lot coverage of the primary use. The lot coverage of the uses. The lot coverage of the mary residential structure residential structure along with primary residential structure primary residential structure along with all accessory all accessory buildings shall along with all accessory along with all accessory buildings shall not exceed the not exceed the maximum lot buildings shall not exceed buildings shall not exceed maximum lot coverage of this coverage of this Zoning Dis- the maximum lot coverage of the maximum lot coverage of Zoning District. trict. this Zoning District. this Zoning District. L Maximum Building Accessory structures — 15 ft. Accessory structures —15 ft. Accessory structures —15ft. Accessory structures —15 ft. Height and Number Animal husbandry or agricul- Animal husbandry or agricul- and 1 story. and 1 story. of Stories except for tural related structures — 2 tural related structures — 2 sto- Animal husbandry related Animal husbandry related Public uses having a stories and 30 ft. ries and 30 ft. structures — 2 stories and 30 structures — 2 stories and 30 "Public Suffix" (P) ft ft designation8.9 Conflicts: See RMC 4.1-080. .46 ti a M ., 9, DEVELOPMENT STANDARDS FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS {Detached Accessory Structures)s M N IMUK BEETRAM, General 6 ft. from any residential 6 ftfrom any residential struc- 6 ft. from any residential ial structure. If sited closer than ture. If sited closer than 6 ft., structure. If sited closer than s c oser than 6 ft„ the structure will be con- the structure will be considered 6 ft., the structure will be 6 ft., TrTe 51=0frPow con- sidered to be attached. to be attached. considered to be attached. 11 sidere Stables, and other animal Stables, and other animal hus- Stables, and other animal other animal husbandry related structures bandry related structures see husbandry related struc- 4sand hu - res see RMC 4-4-010. Agricul- RMC 4-4-010. Agricultural tures see RMC 4-4-010. turaI related structures --50ft. related structures — 50 ft. from from any property line. any property line. Side Yards 5 ft. unless located between 3 ft. unless located between 3 ft. unless located between 3 f�,unless located between the rear of the house and the the rear of the house and the the rear of the house and th V'edr' e and the rear property fine, then 0 ft. rear property line, then 0 ft. the rear property line, then 0 rear property line, the" ft. ' side yard is allowed, side yard is allowed. ft. side yard is allowed. side e . Rear Yards 5 ft., except that garages, car- 3 ft. unless located between 3 ft. unless located between 3 f . I een ports, and parking areas must the rear of the house and the the rear of the house and th se and the be set back from the rear rear property line, then 0 ft. the rear property line, then 0 re Oft, property lines a sufficient dis- rear yard Is allowed. Garages, ft. rear yard is allowed. rear yard ' tance to provide a minimum carports and parking areas Garages, carports and park- Gar arports and park - of 24 ft. of back -out room, must be set back from the rear ing areas must be set back ing a k either on -site or on improved property line a sufficient dis- from the rear property line a from the re e a rights -of -way, where parking tance to provide a minimum of suff icient distance to provide suffi ' vide is accessed from the rear of 24 ft. of back -out room, either a minimum of 24 ft. of back- a mi ack- the lot. on -site or on improved rights out room, either on -site or out or on of -way, where parking is on improved rights -of -way, accessed from the rear of the where parking is accessed w ccesseI lot. from the rear of the lot. fr Front Yard/Side Accessory structures are not Accessory structures are not Accessory structures are Acc are not Yard Along Streets permitted within required permitted within required front not permitted within required uired front yards or side yards yards or side yards along front yards or side yards front yards ards along streets. streets. along streets. aloe Conflicts: See RMC 4-1-080. N DEVELOPMENT STANDARDS FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS (Detached Accessory Structures)s ,f Clear Vision Area In no case shall a structure In no case shall a structure In no case shall a structure In no case shall a structure over 42 in. in height intrude over 42 in. in height intrude into over 42 in. in height intrude over 42 in. in height intrude into the 20 ft. clear vision area the 20 ft. clear vision area into the 20 ft. clear vision into the 20 ft. clear vision defined in RMC 4-11-030. defined in RMC 4-11-030. area defined in RMC area defined in RMC 4-11-030. 4-11-030. . s.,��,. .... ..A .3. bi .e -c<„.;. _, rL:.'•[-... .i f:�e:. 4� T"�. d, E W :�, i" JS_ General See RMC 4-4-080. See RMC 4-4-080. See RMC 4-4-080, See RMC 4-4-080. r General See RMC 4-3-050 and See RMC 4-3-050 and See RMC 4-3-050 and See RMC 4-3-050 and 4-3-090. 14-3-09o. 14-3-090. 4-3-090. (Amd. Ord. 4963, 5-13-2002; Ord. 4999, 1-13-2003; Ord. 5100, 11-1-2004) Conflicts: See RMC 4-1-080. a NJ 4-2-110D 4-2-110D CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS 1. a_ Phasing, shadow platting, or land action, including both the reserves may be used to satisfy the area within and outside the minimum density requirements if the open space corridor, with applicant can demonstrate that the either existing or new vegeta- current development would not pre- tive cover, and at least one of clude the provision of adequate the following additional crite- access and infrastructure to future ria: development and would allow for the (A) Enhancement of wetlands is eventual satisfaction of minimum den- provided at a ratio of one-half sity requirements through future (1/2) acre enhanced for one development. acre delineated within the b. In the event the applicant can show urban separator pursuant to that minimum density cannot be RMC 4-3-050M12b, Evalua- achieved due to lot configuration, lack tion Criteria, and RMC of access, environmental or physical 4-3-050M12c, Wetlands Cho - constraints, minimum density require- sen for Enhancement. ments may be waived by the Review- Enhancement proposed for a ing Official. density bonus may not also be used for a mitigation for 2. Use -related provisions are not variable. other wetland alterations. Use -related provisions that are not eligible for a variance include: building size, units (B) Legal nonconforming uses per structure/lot, or densities. Unless are removed from the site bonus size or density provisions are spe- and/or brought into conform- cifically authorized, the modification of ante with Renton standards. building size, units per structure, or densi- (C) Natural surface pedestrian ties requires a legislative change in the trails, with public access, are code provisions and/or a Comprehensive provided as part of an Plan amendment/rezone. adopted trail system or, 3. Clustering is allowed to meet objectives where there is no }Manned such as preserving significant natural fea- trail system, in a configuration tures, providing neighborhood open space, approved by the Reviewing or facilitating the provision of sewer ser- Official. vice. Within designated urban separators, (D) In the absence of either wet - clustering is required, consistent with the lands or legal nonconforming provision of RMC 4-3-110, Urban Separa- uses on the site, public for Overlay Regulations. access and trails shall be a. The maximum net density require- required to the satisfaction of ment shall not be exceeded except the Reviewing Official. that within urban separators a density (ii) Parcels within the urban sep- bonus may be granted allowing the arator may be combined into total density to achieve one dwelling larger contiguous holdings to unit per gross contiguous acre for allow platting to achieve projects that meet the following trite- bonus density; however, ria: existing legal lots shall not be (i) Provision of native vegeta- reduced in land area for the tion cover on sixty-five per- purpose of transferring den - cent (65%) of the gross area sity unless such lots are of all parcels in the land use included in a proposed plat_ 2 - 81 (Revised 6105) 4-2-110D b. The area of individual lots shall not be less than ten thousand (10,000) square feet. 4. Allowed Projections into Setbacks: a. Fireplace Structures, Windows: Fireplace structures, bay or garden windows, enclosed stair landings, and similar structures as determined by the Zoning Administrator may project twenty four inches (24") into any set- back; provided, such projections are: (i) Limited to two (2) per facade. (ii) Not wider than 10'. b. Fences: See RMC 4-4-040. c. Steps and Decks: Uncovered steps and decks not exceeding eighteen inches (18") above the finished grade may project to any property line. Uncovered steps and decks having no roof covering and not exceeding forty two inches (42") high may be built within the front yard setback. d. Eaves: Eaves and cornices may project up to twenty four inches (24") into any required setback. 5. In order to be considered detached, a structure must be sited a minimum of six feet (6) from any residential structure. 6. A front yard setback of less than twenty feet (2D) is allowed if equal to or greater than the average of the front yard setback of the existing, abutting primary structures; however, in no case shall a minimum set- back of less than twenty feet (20') be allowed for garages which access from the front yard street(s). For pre-existing legal lots having less than the minimum lot width required by this Sec- tion, the following chart shall apply for determining the required minimum side yard width along a street: WIDTH OF EXISTING, LEGAL LOT MINIMUM SIDE YARD WIDTH ALONG A STREET RCZONE 150 feet or less 1 25 ft. R-1 ZONE Less than or equal to 50 ft. 10 ft. 50.1 to 51 ft_ 11 ft. 51.1 to 52 ft. 12 ft. 52.1 to 53 ft. 13 ft. 53.1 to 54 ft. 14 ft. 64.1 to 55 ft. 15 ft. 55.1 to 56 ft. 16 ft_ 56.1 to 57 ft, 17 ft. 57.1 to 58 ft. 18 ft. 58.1 to 59 ft. 19 ft. 59.1 and greater 20 ft. R-4 or R-S ZONE Less than or equal to 50 ft. 10 ft. 50.1 to 52 ft. 11 ft. 52.1 to 54 ft. 12 ft. 54.1 to 56 ft. 13 ft. 56.1 to 58 ft. 14 ft. 58.1 or greater 15 ft. However, in no case shall a structure over forty two inches (42') in height intrude into the twenty -foot (20') clear vision area defined in RMC 4-11-030. 8. In no case shall building height exceed the maximum allowed by the Airport Related Height and Use Restrictions, for uses located within the Federal Aviation Admin- istration Airport Zones designated under RMC 4-3-020. 9. "Public Suffix" (P) properties are allowed the following height bonus: Publicly owned structures shall be permitted an additional fifteen feet (15') in height above that other- wise permitted in the zone if "pitched roofs," as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, the height of a pub- licly owned structure may be increased as follows, up to a maximum height of sev- enty five feet (75') to the highest point of the building: (Revised 6/05) 2 - 82 a. When abutting a public street, one additional foot of height for each addi- tional one and one-half feet (1-1/2`) of perimeter building setback beyond the minimum street setback required; and/or b. When abutting a common property line, one additional foot of height for each additional two feet (2) of perim- eter building setback beyond the mink mum required along a common property line. 10_ In order to serve as a transition between the lower density R-4 Zone and higher density development, "small lot clusters" of up to a maximum of fifty (50) lots shall be allowed within six hundred feet (600') of the Single Family Land Use Designation as shown on the Land Use Map of the Comprehensive flan, when at least thirty percent (30%) of the site is permanently set aside as "significant open space." Such open space shall be situated to act as a visual buffer between small lot clusters and other development in the zone. The per- centage of open space required may be reduced by the reviewing official to twenty percent (20%) of the site when: a. Public access is provided to open space; b. Soft surface trails are provided within wetland buffers; and c. Storm water ponds are designed to eliminate engineered slopes requiring fencing and enhanced to allow pas- sive and/or active recreation. Special architectural features shall be pro- vided on all dwelling units in small lot clus- ters. These shall include decorative hip or gable roofs with a pitch equal to or greater than one to two (1:2), windows and doors with decorative trim at least four inches (4") in width, and eaves projecting at least eighteen inches (18") from the face of the building on at least seventy five percent (75%) of the building's exterior perimeter with horizontal fascia at least ten inches (10") deep on all sides of the structure. All portions of a site that are not dedicated to platted single family lots shall be set in a separate tract and/or tracts to preserve 4-2-11 OD existing viable stands of trees or other native vegetation. Such tracts shall be shown and recorded on the face of the plat to be preserved in perpetuity. Such tracts may be included in contiguous open space for the purposes of qualifying for small lot clustered development. Where trees are removed, landscaping designed to replace the functions of exist- ing trees is required. 11. Lot size, width, and depth may be reduced by the Reviewing Official when, due to lot configuration or access, four (4) dwelling units per net acre cannot be achieved. The reduction shall be the minimum needed to allow four (4) dwelling units per net acre and shall be limited to the following mini- mum dimensions: Lot size — seven thousand two hundred (7,200) sq. ft_ Lot width — sixty feet (60'). Lot depth — seventy feet (70'). 12. When lot size is reduced for the purpose of achieving maximum density, setbacks may also be reduced by the Reviewing Official. Setback reductions shall be limited to the following: Front — twenty feet (20'). Side yard along a street — fifteen feet (15') primary structure, twenty feet (20') attached garage with access from the side yard. Side — Minimum side yard combined set- back — fifteen feet (15'). Minimum for one yard — five feet (5). 13. For properties vested with a complete plat application prior to November 10, 2004, and for the Mosier II, Maplewood East and Anthone, the following standards apply. Vested plats must be developed within five (5) years of preliminary plat approval and/ or annexation. Maximum density — five (5) dwelling units per net acre. Minimum lot size — seven thousand two hundred (7,200) sq. ft. 2 - 82.1 !Rev=sed I_�J'5, 4-2-11 OD Minimum lot width — sixty feet (60') for inte- rior lots, seventy feet (70') for corner lots. Minimum lot depth — seventy feet (70'). Minimum front yard -- fifteen feet (15') for the primary structure, twenty feet (20') for an attached or detached garage. For a unit with alley access garage, the front yard setback for the primary structure may be reduced to ten feet (10') if all parking is provided in the rear yard of the lot with access from a public right-of-way or alley. Minimum side yard along a street — fifteen feet (15'). Minimum side yard -- five feet (5`). 14. Covenants filed as part of any final plat shall establish that future division of land within the plat must be consistent with the maximum density requirements as mea- sured within the plat as a whole as of the time of future division. (Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5132, 4-4-2005; Ord. 5153, 9-26-2005) (Revised [ 2/05) 2 - 82.2 DEFINITIONS OF SELECTED TERMS FROM RMG 4-11 DENSITY, NET: A calculation of the number of housing units and/or lots that would be allowed on a property after critical areas, i.e. very high landslide hazard areas, protected slopes, wetlands, Class 1 to 4 streams and lakes, or floodways, and public rights -of -way and legally recorded private access easements serving three (3) or more dwelling units, are subtracted from the gross area (gross acres minus streets and critical areas multiplied by allowable housing units per acre). Required critical area buffers, streams that have been daylighted including restored riparian and aquatic areas, and public and private alleys shall not be subtracted from gross acres for the purpose of net density calculations_ DWELLING, MULTI -FAMILY: Dwelling, Attached: A one -family dwelling attached to one or more one -family dwellings by common roofs, walls, or floors. This definition may also include a dwelling unit or units attached to garages or other nonresidential uses. This definition does not include retirement residences, boarding and lodging houses, accessory dwelling units, adult family homes, group home I or group home 11 as defined herein. A. Flat: A residential building containing two (2) or more dwelling units which are attached at one or more common roofs, walls, or floors. Typically, the unit's habitable area is provided on a single level. Unit entrances may or may not be provided from a common corridor. B. Townhouse: A one -family, ground -related dwelling attached to one or more such units in which each unit has its own exterior, ground-Ievel access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or.more vertical common walls. Typically the units are multi -story. C. Carriage House: One or more accessory dwelling units attached to a ,garage. The garage attached to the carriage house typically contains vehicles and/or storage for people living in another building as well as occupants of the carriage house. D. Penthouse: A single dwelling unit located at or near the top of a building containing other, nonresidential uses. E. Garden Style Apartment: A dwelling unit that is one of several stacked vertically, frequently with exterior stairways and/or exterior corridors and surface parking. Parking is usually at grade with no structure or with detached carports or garages. Buildings typically have access from internal drive aisles and/or parking lots. The building usually turns its back to the front yard. There is typically no formal building entry area connected to a public sidewalk and a public street. Site planning may incorporate structures developed at low landscaped setbacks. DWELLING, SINGLE FAMILY: A. Dwelling, Detached: A building containing one dwelling unit which is not attached to any other dwelling by any means except fences, has a permanent foundation, and is surrounded by open space or yards. B. Dwelling, Semi -Attached: A one -family dwelling attached to only one other one -family dwelling at secondary or ancillary building parts such as garages, carports, trellises, porches, covered decks, or other secondary connection approved by the City, and not connected at building parts containing living areas. DWELLING UNIT: A structure or portion of a structure designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided for the exclusive use of a single household. DWELLING UNIT, ATTACHED: See DWELLING, MULTi-FAMILY. LOT MEASUREMENTS: A. Lot Depth: Depth of a lot shall be considered to be the average distance between the foremost points of the side lot lines in front (i.e., the points where the side lot lines intersect with the street right-of-way line) and the rearmost points of the side lot lines in the rear. in the case of pipestem lots, the pipestem portion of the lot shall be ignored for purposes of the calculation of average depth. S. Lot Width: Width of a lot shall be considered to be the average distance between the side lines connecting front and rear lot lines, except for pipestem lots, where the pipestem portion of a lot shall be ignored for purposes of calculating the average width. LOT, SMALL CLUSTER: A cluster of small lots in new plats that are designed to provide a transition and buffer between uses in the R-4 Zones. Small duster lots are allowed in the R-4 Zpne when located within six hundred feet (600') of abutting and contiguous properties in the Residential Single Family land use designation of the Comprehensive Plan and are part of a development that includes a significant open space area equal to at least twenty percent (20%) of a site. OPEN SPACE, CONTIGUOUS: Land permanently set aside as open space located in recorded tracts. Contiguous open space lands typically exclude critical areas such as wetlands and steep slopes, but may include wetland buffers enhanced with amenities such as pedestrian trails and seating areas, as well as stormwater ponds enhanced per the techniques and landscape requirements set forth in "The integrated Pond," King County Water and Land Resources Division. OPEN SPACE, CONTIGUOUS, URBAN SEPARATOR: Land permanently set aside as open space located in recorded tracts. Contiguous open space lands may include critical areas, such as wetlands and steep slopes, and wetland buffers, as well -as stormwater ponds enhanced per the techniques and landscape requirements set forth in "The Integrated Pond, King County Water and Land Resources Division." SETBACK: The minimum required distance between the building footprint and the property line and any private access easement. For lots containing private access easements, setbacks are the minimum required distance between the building footprint and the easement. A setback is measured perpendicularly from a lot line or private easement access to the outer wall of the structure. In the case where a structure does not have an outer wall, such as a carport, the measurement shall be to the posts of such structure, unless otherwise determined by the Development Services Division. YARD REQUIREMENT: An open space on a lot unoccupied by structures, unless specifically authorized otherwise. The Development Services Division shall determine the various requirements for uniquely shaped lots and pipestem lots. (See also SETBACK.) A. Front Yard: The yard requirement which separates the structures) from public right-of-way or private access easement. For through lots, comer lots, and lots without street frontage, the front yard will be determined by the Development Services Division Director. B. Side Yard along a Street: The yard requirement which is neither a front yard nor a rear yard, yet it abuts a street right-of-way or private access easement. C. Rear Yard: The yard requirement opposite the front yard. Where a lot abuts an alley, the rear yard shall always be the yard abutting the alley. For irregularly shaped lots, the rear yard shall be measured from an imaginary line at least fifteen feet (15') in length located entirely within the lot and farthest removed and parallel to the front lot line or its tangent. D. Side Yard: The yard requirement which is not a front yard, a side yard along a street, or a rear yard. 4-7-170 RESIDENTIAL LOTS - GENERAL REQUIREMENTS AND MINIMUM STANDARDS: A ARRANGEMENT: Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. B ACCESS REQUIREMENTS: Each lot must have access to a public street or road. Access may be by private access easement street per the requirements of the street standards. C MINIMUM SIZE: The size, shape, and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. land area included in private access easements shall not be included in lot area calculations. D MINIMUM WIDTH: Width between side lot lines at their foremost points (i.e., the points where the side lot lines intersect with the street right-of-way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of twenty feet (20') and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which shall be a minimum of thirty five feet (35'). (Ord. 4522, 6-5-1995) E PROPERTY CORNERS AT INTERSECTIONS: All lot corners at intersections of dedicated public rights -of -way, except alleys, shall have minimum radius of fifteen feet (16). F PIPESTEM LOTS ALLOWED: Pipestem lots may be permitted for new plats to achieve densities permitted within the Zoning Code when there is no other feasible alternative to achieving the permitted density. 1. Minimum Lot Size and Pipestem Width and Length: The pipestem shall not exceed one hundred fifty feet (150') in length and not be less than twenty feet (20') in width. The portion of the lot narrower than eighty percent (80%) of the minimum permitted width shall not be used for lot area calculations nor for measurement of required front.yard setbacks. Land area included in private access easements shall not be included in lot area calculations. (Amd. Ord. 4751, 11-16-1998; Ord. 4999, 1-13-2003) 2. Shared Access Requirements: Abutting pipestem lots shall have a shared private access driveway. A restrictive covenant will be required on both parcels for maintenance of the pipestem driveway. Walkways shall be paved for their entire width and length with a permanent surface and shall be adequately lighted at the developer's cost. (Amd. Ord. 4999, 1-13-2003; Ord. 5100, 11-1-2004) C W*&forrrddefiribons Supptenrenl #26. 4-2&2005 E) What services does EHSS provide for this Program? • Monitors the overall effectiveness of the program • Provides awareness training • Conducts material inspections • Assists with developing work practices Who may 1 contact to find out more? You may contact the Occupational Safety Divi- sion at (540) 231-8759, or review the pro- gram on our wehsite at www.ehss.vt.edu/osd/. Occupational Safety Division 459 Tech Center Drive blacksbuig, VA 24061 MS O423 Phone: 540-2314759 Fax: 540-231-3944 Web: www.ahss.vt.edu M wo ia Tech, Safe Ladder Practices What are the hazards? Ladders are a simple and common tool used in most workplaces; however, they do pose a hazard if used inappropriately or incorrectly. There are over 24,000 injuries each year in construction -type activi- ties related to falls from stairways and/or ladders. Of those injuries, more than 11,000 result In lost days of work, and believe it or not, about 36 of them are fatalities) Common types of minor injuries from falls from lad- ders include: => fractures => sprains and strains cuts and punctures t What are the design requirements for portable, self-supporting ladders? Ladders must be capable of supporting at least 4 times the maximum intended load, except for extro- heavy-duty type I A metal or plastic ladders, which ore only required to sustain at least 3.3 times the maximum intended load. Always purchase and use ladders that are rated for at least "heavy-duty" use. Ladder rungs, cleats, and steps must be parallel, level, and uniformly spaced when the ladder is in position for use. They may not be spaced less than 10" apart, nor more than I4" apart, as measured between center lines on rungs/cleats/steps. Ladder components must be smooth -surfaced to pre- vent punctures, lacerations, or snagging of clothing. Wooden ladders cannot be covered with any type of opaque covering, such as paint, except for the identification or warning labels which may be placed on one face only of a side rail. What are the requirements for safe ladder use? I . Ladders may be used only on stable and level surfaces, unless secured to prevent ac- cidental displacement or movement. 2. Ladders may not be used on slippery sur- faces, such as wet concrete floors or muddy ground, unless they are secured or slip - resistant feet are used which provide ade- quote protection. 3. Ladders should not be placed in any location where they can be displaced or bumped into by workplace activities or traffic, such as passageways, doorways, or driveways. Secure the ladder to prevent accidents, or barricade the area to keep activities and traffic away from the ladder. 4. The access area around the top and bottom of the ladder must be kept clear of scrap materials and debris. 5. When ladders are used to access an upper landing surface, ex. a roof, the ladder side rails must extend at least 3' above the up- per landing surface to provide adequate handholds. 6. Ladders must be maintained free from of oil, grease, and other slippery materials. 7. Ladders may not be loaded beyond the maximum intended load for which they were built, nor beyond their manufacturer's rated capacity. Estimate 250 pounds per person, plus any tools, equipment, and materials which will be in use while on the ladder. 8. Ladders may only be used for the purpose, and in the manner, for which they were designed. For example, most ladders are not designed to be used in a horizontal position as a walkboord or platform. 9. When climbing up or down n the ladder, always face the ladder and maintain at least 3 points of contact (2 r hands/1 foot or 2 feet/1 hand). In other words, pull tools and materials up with i a rope or hove them handed up to you, rather than carrying them up the ladder. 10. Do not stand on the top 2 rungs of stepladders. The stability is decreased when the weight is concentrated at the top of the ladder. If you need a taller or longer ladder to perform the job safely, make arrangements to borrow one or have one available before you begin your task. 1 1. Extension ladders should be placed at a proper climbing angle. Use a 40 ratio for setting ladders, or for every 4' in height of the ladder, move the bottom of the ladder out from the wall or structure 1 foot. For example, a 20' ladder will be placed S' from the base of the wall you will be accessing. 12. Metal ladders should never be used near elec- trical equipment —fiberglass is recommended. 13. Ladders may not be altered or spliced In any manner. 14. Ladders may not be moved, shifted, or extend while you ore on the ladder. Climb down, make the adjustment, and climb back upl How do I perform a ladder inspection? Ladders should be inspected by a Competent Person on a periodic basis, : 7 and after any occurrence that could a.. affect their safe use. A If they are found defective, they must be marked or tagged as "Do Not Use", and must be withdrawn from service until properly repaired or re- placed. L_: Examples of defects include, but are .00iopo not limited to: • structural defects (bent or missing frame) • broken or missing rungs/cleats/steps • broken or split rails • corroded components • excessive rust • any other faulty or defective component, such as braces, bolts, etc. BE"FEAWARE Occupational Hazards - Attacking Ladder Falls — One Rung at a Time http://www.occupationalhazards.com/safety.zones/37/article.php?id=... 611MIM Z spon sorship is a 5 go spy' to share your message. rHE AUTHORITY ON occuPATioNAL SAFETY, HEALTH AND LOSS PREVENTION Home - News - Features - Columns - Directory - Back Issues - Webcasts - Media Kit - Contact Us - Safety Storefronts Articles -wj Search America's Safest Companies Attacking Ladder Falls — One Rung at a Time - 11121/2006 Best Practices Chemical Safety/Hazcom Falls from ladders injure more than 20.000 American workers every year, according to ColdMeat Stress the Bureau of Labor Statistics. Confined Spaces by Ted Christensen and Nathan Cooper Construction Safety & Health The impact from sprains and strains, broken bones and other more serious disabling Electrical Safety conditions resulting from falls from ladders reaches far beyond the injured worker's Emergency Response suffering. The direct compensation and medical treatments associated with falls from elevation cost American businesses $4.6 billion, according to Liberty Mutual's 2005 Employee Safety Training Workplace Safety Index. And the indirect costs associated with increased Environmental Management absenteeism, worker replacement and productivity loss can cost up to two times as Ergonomics much, according to a recent survey of corporate financial decision -makers, Eye & Face Protection How can you help prevent ladder falls? First, you need to understand why they are Fall Protection happening. Unfortunately, there are many potential causes. Workers lose footing while carrying tools or materials up the ladder. Grease, ice, mud, snow or water on the Foot Protection rungs can cause slips and falls. Old, poorly maintained ladders can break during use. Hand Protection Or — the most common ladder accident — the ladder base slips out of position. This happens when the ladder is at a wrong angle, wortcers climb too fast or the surface Head Protection below the ladder is well, bumpy or uneven. Industrial Hygiene Once you have identified why your ladder accidents happen, your next step is to Instrumentation & Monitoring implement a safety and training program. Outlined below are suggested steps to get Machine & Tool Safety your program off on the right foot. Noise Control & Hearing What's Your Angle? Conservation OSHA Compliance The American National Standards Institute recommends setting ladders at a 75.5 degree angle. Findings from a Liberty Mutual Research Institute study echo this Occupational Health recommendation. Liberty Mutual researchers found that adjusting a ladder's angle a Protection Update more 10 degrees — from 75 to 65 degrees — almost doubles the friction required to hold the ladder in place. If you increase the worker's climbing speed, the friction Protective Clothing required jumps again by 7 percent. Respiratory Protection However, in the real world, most workers have no way to measure ladder angle. In Safety Incentives & fact, several studies show that when workers set up a ladder at 75 degrees without a Recognition measurement device, resulting angles vary from 67.3 to 76.2 degrees. Here are some Safety Management ways to check your angle: Software . Use the label with the large "L" on the side of the ladder as a guide. The long leg of the "L" should be parallel to the wall or the short leg parallel to the floor. • Set the base of the ladder one -quarter of the working length from the wall. • Position the ladder so that the heel of your palm comfortably reaches the side rails. Test this by standing with your toes at the base of the ladder and holding your arms straight out. You can reduce falls by training your workers to use these techniques and using appropriate equipment, such as non -slip feet, cleats and ladder tie -offs. The following case study demonstrates the difference safe ladder use can make on your bottom line. A Ladder Safety Success Story After Company A paid out more than $130,000 over 2 years for nine ladder accidents, it decided to implement a safety program. Traveling to various worksites to determine why accidents were happening, the safety director recorded and photographed multiple incidents of ladder misuse. He presented his findings to management in a company -wide analysis of accident drivers and cost and gained approval on a ladder safety program that included: Property manager briefings on the primary accident drivers, how those accidents occur and their impact on the company's profitability. Safety training for all employees including proper ladder selection; three-point rule; ladder setup; ladder capacity and strength; and ladder inspection, care and maintenance. Usage policy development and implementation to demonstrate management's commitment to safety. All workers must acknowledge their receipt and understanding of the policy at the end of training. Quick Links Events Calendar Links Free Literature Newsletter Archive Safety Storefronts Inquire Online Career Center Ua .5 Click to see more � % Guard 1 of 3 10/15/2006 9:52 AM Occupational Hazards - Attacking Ladder Falls — One Rung at a Time httpa/www.occupationalhazards.com/safety_zones/37/article.php?id—... • Periodic safety audits to ensure policy and technique compliance that evaluate ladder setup, use, condition and maintenance. Property managers must address and confirm findings in writing. • Field safety coordinator position established to support safety director and increase safety awareness. Two years later, ladder accident frequency decreased by half despite a 40 percent increase in the work force. The result: An over-90 percent decrease in the cost of accidents. You, too, can implement a successful ladder safety program by focusing on the four key elements: selection, inspection, setup and use. Choose the correct ladder for the job; inspect the ladder; set up the ladder properly; and use safe climbing techniques. (See sidebar for more tips.) Most importantly, use ladders only for their intended purposes. Don't be creative. Never tie ladders together to gain additional height. Do not use ladders as braces, gangways or as substitutes for planks. And never use a folded stepladder as a straight ladder. When incorporated into a broader program that includes engineering measures, training and follow-up, you can significantly reduce your risk of falls. And you'll gain a safer, healthier work force, enhanced productivity and a stronger bottom line. Sidebar: Select the right ladder for the job: • Never use wood or metal ladders for electrical work. • Don't use a step ladder where a straight ladder is needed and vice versa. • Check ladder capacity and strength. • Read and follow all manufacturer's instructions. Inspect your ladder: • Look for damaged rungs or side rails and loose, broken or bent hardware. • Check the condition of extension ladder ropes and pulleys. • Tag a detective ladder as "out of service" and report it Do not use it. • Clean wet or slippery rungs before use. Set-up the ladder properly: • Get help to move or set up heavy and awkward ladders. • Erect the ladder on a solid, level surface and install a manufacturer approved "leveler' if using on uneven surfaces. Do not put on top of boxes, barrels or other unstable objects. • Secure base when raising an extension ladder and never set up when extended. Remember: wet or muddy concrete affect performance of non-skid feet. • Support the ladder at the top on both side rails, never on a rung. • Install a single point support attachment when both rails cannot support the ladder such as against columns, poles or inside and outside comers. • Check ladder angle. • Protect the base from traffic. If a ladder must be in front of a door, make sure the door is locked or guarded. • Tie off and extend the ladder 36 to 42 inches above the dismount level when stepping off at a higher level. • Secure the ladder against displacement by tying it at the top or the bottom or both, depending on the conditions_ Make sure someone "foots" the bottom when tying off the top. • Fully open stepladders and lock the spreader. All feet should contact a level supporting structure. Use safe climbing techniques: • Don't rush. • Face the ladder and use both hands while climbing up or down. • Apply the three-point rule: keep at least both feet and one hand or both hands and one foot on the ladder at all times. • Clear the area around the ladder of debris and materials. • Clean mud and grease from footwear before climbing. • Carry tools in pockets or belt or hoist them on a rope. • Keep eyes on the ladder and pay attention to hand and foot placement. • Stay off the top two rungs of a straight or extension ladder and the top step and cap of a step ladder. Ted Christensen is director of contracting services at the Liberty Mutual Research Institute for Safety. Nathan Cooper is senior foss prevention consultant for Liberty Mutual's Business Market. For more information about workplace safety and health research, visit www.libertymUtual.com. - Ted Christensen and Nath „MA[_ THIS ArT_CL TC A F0.:E`t: Occupational Hazards j ® 2004 Penton Media, Inc. All rights reserved. I Privacy Statement. I Vendor List. 2 of 3 10/15/2006 9:52 AM Occupational Hazards - Attacking Ladder Falls — One Rung at a Time Ads by Goggle http://www.occupationalhazards. com/safety_zones/3 7/article.php?id=... 3 of 3 10/15/2006 9:52 AM eLCOSH : Don't Fall For It - #3 Setting Up Portable Ladders http:Uwww.cdc.gov/eLCOSH/docs/d0700/d000783/d000783.html Don't Fall For It - #3 Setting Up Portable Ladders The Center To Protect Workers' RiahtS "Your life can just change in one day... completely. I was completely devastated. I was in shock for a long time. I didn't know what to do." -- Millie Bevans Milli and Frankie lost husband/father in a fall on a plumbing job Preventing a fall may start with ladder inspection, but a safe, well -maintained ladder becomes dangerous if it's not set up correctly. Fixed ladders have already been set in place, but portable ladders — straight ladders, extension ladders, and stepladders — must all be set up properly before you can safely climb them. Just follow the OSHA regulations outlined in the checklist below. Checklist for setting up a portable ladder: • Look for a safe location. • Prepare firm, level footing. • Set ladder at a 75 degree angle. • Extend ladder 3 feet above landing. • Secure ladder at the bottom. • Secure ladder at the top. • Keep area clear of hazards and barricade bottom to protect from traffic. Step -by -Step Setup OSHA Regulations Made Simple Safe Location Position your ladder in the safest location possible. Avoid hazards such as entry and exit doors, vehicular and pedestrian traffic, and uneven flooring or landing points. Don't use a ladder in windy conditions. And always make sure you're at least 10 feet from overhead power lines. Firm, Level Footing A ladder needs a solid, level base, so use the "HEEL TEST" to see if the ground is hard enough. Stomp your heel on the ground. If it goes in more than one inch, the ground is too soft for a ladder. If the ground is not hard enough, you can use a piece of plywood or particle board to make a firm, level base for the ladder. It also provides a place where workers can wipe mud off their feet before climbing- 1 of 10/15/2006 9:37 AM eLCOSH : Don't Fall For It - #3 Setting Up Portable Ladders http://www.cdc.gov/eLCOSWdocs/dO700/d000783/d000783.htmi Other ways you can provide level footing for a ladder include: • moving the ladder to a level place • leveling the ground by removing soil • using a ladder with an adjustable base Why Level? A ladder that is not perfectly level at the bottom will become unstable when a worker Limbs it. A 20-foot ladder that is not level by only 314-inch at the bottom will be out of plumb 14 inches at the top, causing it to be unstable as the worker reaches the top rung. If the same 20-foot ladder is not level by 2 inches at the bottom, it would be 40 inches off at the top. Now, the ladder becomes unstable when the worker is only about 5 feet off the ground. Set Ladder at 75 Degree angle To set a ladder at the proper angle, the base should be 1 foot from the wall for every 4 feet in height. This makes a 75 degree angle. An easy way to estimate this angle is to put your toes at the ladder base and extend your arm. Your hand should just reach the ladder rungs. If the rungs are too close to you, the ladder angle is too steep. If the rungs are too far from you, the ladder angle is too broad. Extend Ladder 3 Feet Make sure to extend the side rails at least 3 feet above the upper level. This allows you to move safely from the ladder to the landing. Secure at Bottom Brace or tie off the ladder near the base. If there is no structure to tie off to, then you can tie it off to a stake in the ground behind the ladder. Secure at top While getting help to hold the ladder in position, secure the top of the ladder so that it cannot move away from the wail or move sideways. Lashing a rung to an anchor is one way to secure a ladder. Make sure the anchor will hold. Keep area Clear of Hazards Clear away debris, clutter, and obstructions from the areas around the bottom and the top. Barricade or rope off the area around the bottom of a ladder to protect it from traffic_ Don't Fall For It! Video This paper appears in the eLCOSH website with the permission of the author and/or copyright holder and may not be reproduced without their consent. eLCOSH is an information clearinghouse. eLCOSH and its sponsors are not responsible for the accuracy of information provided on this web site, nor for its use or misuse. Copyright 2005, The Center to Protect Workers' Rights. This publication was funded by GranYCooperative Agreement Number U601CCU317202 from the National Institute for Occupational Safety & Health, NIOSH. Its contents are solely the responsibility of the authors and do not necessarily represent the official views of NIOSH. eLCOSH I CDC I NIOSH I Site Map I Search I Links I Help k Contact Us 2 of 2 10/15/2006 9:37 AM OSHA Occupational Safety and Health Administration vwww.osha.go AN h A.A.- 1�' .. . tea.'` F #. k, 4. . CGM 3124-12R 2=1 A'k, This informational booklet provides a general overview of a particular topic related to OSHA standards. It does not alter or determine compliance responsibilities in OSHA standards or the Occupational Safety and Health Act of 1970. Because interpreta- tions and enforcement policy may change over time, you should consult current OSHA administrative interpretations and decisions by the Occupational Safety and Health Review Commission and the Courts for additional guidance on OSHA compliance requirements. This publication is in the public domain and may be reproduced, fully or partially, without permission. Source credit is requested but not required. This information is available to sensory impaired individuals upon request. Voice phone: (202) 693-1999; teletypewriter (T Y) number: (877) 889-5627. 0SM VUt:l+U_( 51t i q(IV Stairways and Ladders: A Guide to OSHA Rules r U.S. Department of Labor Occupational Safety and Health Administration OSHA 3124-12R 2003 Contents All Ladders ... 4 Specific Types of Ladders ... 6 Stepladders ... 6 Portable Ladders...6 Fixed Ladders ... 7 Cages Rar Fixed Laddiers...9 Wells for Fixed Ladidsers...10 Ladder Safety Devices and Related Support Systems for Fixed Ladders...11 Requirements for Mounting Ladder Safety Devices for Fixed Ladders...11 Defective Ladders ... 12 Stairways Used During Construction ... 12 Temporary Stairs...13 Stair Rails ... 14 Handrails...15 Midrails... 15 Safety and Health Program Management Guidelines ... 18 State Programs...18 Consultation Services ... 19 Vbluntary Protection Programs (VPP)... 20 Strategic Partnership Program ... 20 Alliance Program ... 20 Training and Education ... 21 Electronic Information...22 OSHA Publications ... 22 Emergencies, Complaints or Further Assistance...23 1 Working on and around stairways and ladders is hazardous. Stairways and ladders are major sources of injuries and fatalities among construction workers for example, and many of the injuries are serious enough to require time off the job. OSHA rules apply to all stairways and ladders used in construction, alteration, repair, painting, decorat- ing and demolition of worksites covered by OSHAs construction safety and health standards. These rules specify when employers must provide stairways and ladders. In general, the standards require the following: When there is a break in elevation of 19 inches (48 cm) or more and no ramp, runway, embankment or personnel hoist is available. employers must provide a stairway or ladder at all worker points of access. When there is only one point of access between levels, employers must keep it clear of obstacles to permit free passage by work- ers, If free passage becomes restricted, employers must provide a second point of access and ensure that workers use it. When there are more than two points of access between levels, employers must ensure that at least one point of access remains clear. In addition, employers must install all stairway and ladder fall protection systems required by these rules and ensure that their worksite meets all requirements of the stairway and ladder rules before employees use stairways or ladders. See 29 CFR 1926.1050-1060 for the details of the standard. Note. The standard does not apply to ladders specifically manufactured for scaffold access and egress, but does apply to job -made and manufac- tured portable ladders intended for general purpose use. Rules for ladders used on or with scaffolds are addressed in 29 CFR 1926.451 Subpart L. All Ladders The following rules apply to all ladders: Maintain ladders free of oil, grease and other slipping hazards. Do not load ladders beyond their maximum intended load nor beyond their manufacturer's rated capacity. Use ladders only for their designed purpose. Use ladders only on stable and level surfaces unless secured to prevent accidental movement. Do not use ladders on slippery surfaces unless secured or provided with slip -resistant feet to prevent accidental movement. Do not use slip - resistant feet as a substitute for exercising care when placing, lashing or holding a ladder upon slippery surfaces. Secure ladders placed in areas such as pas- sageways, doorways or driveways, or where they can be displaced by workplace activities or traffic to prevent accidental movement. Or use a barricade to keep traffic or activity away from the ladder. Keep areas clear around the top and bottom of ladders. Do not move, shift or extend ladders while in use. Use ladders equipped with nonconductive side rails if the worker or the ladder could contact exposed energized electrical equipment. Face the ladder when moving up or down. Use at least one hand to grasp the ladder when climbing. Do not cant' objects or loads that could cause loss of balance and falling. In addition, the following general requirements apply to all ladders, including ladders built at the jobsite: Double -cleated ladders or two or more ladders must be provided when ladders are the only way to enter or exit a work area where 25 or more employees work or when a ladder serves simultaneous two-way traffic. Ladder rungs, cleats and steps must be paral- lel, level and uniformly spaced when the lad- der is in position for use. Rungs, cleats and steps of portable and fixed ladders (except as provided below) must not be spaced less than 10 inches (25 cm) apart, nor more than 14 inches (36 cm) apart, along the ladder's side rails. Rungs, cleats and steps of step stools must not be less than 8 inches (20 cm) apart, nor more than 12 inches (31 cm) apart, between center lines of the rungs, cleats and steps. Rungs, cleats and steps at the base section of extension trestle ladders must not be less than 8 inches (20 cm) nor more than 18 inches (46 cm) apart, between center lines of the rungs, cleats and steps. The rung spacing on the extension section must not be less than 6 inch- es (15 cm) nor more than 12 inches (31 cm). Ladders must not be tied or fastened together to create longer sections unless they are specifically designed for such use. When splicing side rails, the resulting side rail must be equivalent in strength to a one-piece side rail made of the same material. Two or more separate ladders used to reach an elevated work area must be offset with a plat- form or landing between the ladders, except when portable ladders are used to gain access to fixed ladders. Ladder components must be surfaced to prevent snagging of clothing and injury from punctures or lacerations. Wood ladders must not be coated with any opaque covering except for identification or warning labels, which may be placed only on one face of a side rail. Note. A competent person must inspect ladders for visible defects periodically and after any incident that could affect their safe use. SpecificTypes of Ladders Do not use single -rail ladders. Use non -self-supporting ladders at an angle where the horizontal distance from the top support to the foot of the ladder is approxi- mately one -quarter of the working length of the ladder. Use wooden ladders built at the jobsite with spliced side rails at an angle where the hori- zontal distance is one -eighth of the working length of the ladder. In addition, the top of a non -self-supporting ladder must be placed with two rails supported equally unless it is equipped with a single support attachment. Stepladders Do not use the top or top step of a stepladder as a step. Do not use cross bracing on the rear section of stepladders for climbing unless the ladders are designed and provided with steps for climbing on both front and rear sections. Metal spreader or locking devices must be pro- vided on stepladders to hold the front and back sections in an open position when ladders are being used. Portable Ladders The minimum clear distance between side rails for all portable ladders must be 11.5 inches (29 cm). In addition, the rungs and steps of portable metal ladders must be corrugated, knurled, dimpled, coated with skid -resistant material or treated to minimize slipping. Non -self-supporting and self-supporting portable ladders must support at least four times the maximum intended load; extra heavy-duty type 1A metal or plastic ladders must sustain 3.3 times the maximum intended load. To determine whether a self-supporting ladder can sustain a certain load, apply the load to the ladder in a downward vertical direction with the ladder placed at a horizontal angle of 75.5 degrees. When portable ladders are used for access to an upper landing surface, the side rails must extend at least 3 feet (.9 m) above the upper landing surface. When such an extension is not possible, the ladder must be secured and a grasping device such as a grab rail must be provided to assist workers in mounting and dismounting the ladder. A ladder extension must not deflect under a load that would cause the ladder to slip off its supports. Fined Ladders If the total length of the climb on a fixed ladder equals or exceeds 24 feet (73 m), the lad- der must be equipped with ladder safety devices; or self -retracting lifelines and rest platforms at intervals not to exceed 150 feet (45.7 m); or cage or well and multiple ladder sections with each ladder section not to exceed 50 feet (15.2 m) in length. These ladder sections must be offset from adjacent sections and landing platforms must be provided at maximum intervals of 50 feet (15.2 m). In addition, fixed ladders must meet the following requirements: Fixed ladders must be able to support at least two loads of 250 pounds (114 kg) each, concentrated between any two consecutive attachments. Fixed ladders also must support added anticipated loads caused by ice buildup, winds, rigging and impact loads resulting from using ladder safety devices. Individual rungistep ladders must extend at least 42 inches (1.1 m) above an access level or landing platform either by the continuation of the rung spacings as horizontal grab bars or by providing vertical grab bars that must have the same lateral spacing as the vertical legs of the ladder rails. Each step or rung of a fixed ladder must be able to support a load of at least 250 pounds (114 kg) applied in the middle of the step or rung. Minimum clear distance between the sides of individual rungistep ladders and between the side rails of other fixed ladders must be 16 inches (41 cm). Rungs of individual rung/step ladders must be shaped to prevent slipping off the end of the rungs. Rungs and steps of fixed metal ladders manufactured after March 15, 1991, must be corrugated, knurled, dimpled, coated with skid -resistant material or treated to minimize slipping. Minimum perpendicular clearance between fixed ladder rungs, cleats, and steps and any obstruction behind the ladder must be 7 inches (18 cm), except that the clearance for an eleva- tor pit ladder must be 4.5 inches (11 cm). Minimum perpendicular clearance between the centerline of fixed ladder rungs, cleats and steps, and any obstruction on the climbing side of the ladder must be 30 inches (76 cm). If obstructions are unavoidable, clearance may be reduced to 24 inches (61 cm), provided a deflection device is installed to guide workers around the obstruction. Step -across distance between the center of the steps or rungs of fixed ladders and the nearest edge of a landing area must be no less than 7 inches (18 cm) and no more than 12 inches (30 cm). A landing platform must be provided if the step -across distance exceeds 12 inches (3D cm). Fixed ladders without cages or wells must have at least a 15-inch (38 cm) clearance width to the nearest permanent object on each side of the centerline of the ladder. Fixed ladders must be provided with cages, wells, ladder safety devices or self -retracting lifelines where the length of climb is less than 24 feet (7.3 m) but the top of the ladder is at a distance greater than 24 feet (7.3 m) above lower levels. Side rails of through or side-step fixed ladders must extend 42 inches (1.1 m) above the top level or landing platform served by the ladder. Parapet ladders must have an access level at the roof if the parapet is cut to permit passage through it. If the parapet is continuous, the access level is the top of the parapet. Steps or rungs for through -fixed -ladder exten- sions must be omitted from the extension; and the extension of side rails must be flared to provide between 24 inches (61 cm) and 30 inches (76 cm) clearance between side rails. When safety devices are provided, the maxi- mum clearance distance between side rail extensions must not exceed 36 inches (91 cm). Fixed ladders must be used at a pitch no greater than 90 degrees from the horizontal, measured from the back side of the ladder. Cages for Fixed Ladders The requirements for cages for fixed ladders are as follows: Horizontal bands must be fastened to the side rails of rail ladders or directly to the structure, building or equipment for individual -rung ladders. i Vertical bars must be on the inside of the hori- zontal bands and must be fastened to them. Cages must not extend less than 27 inches (68 cm), or more than 30 inches (76 cm) from the centerline of the step or rung and must not be less than 27 inches (68 cm) wide. Insides of cages must be clear of projections. Horizontal bands must be spaced at intervals not more than 4 feet (1.2 m) apart measured from centerline to centerline. Vertical bars must be spaced at intervals not more than 9.5 inches (24 cm), measured centerline to centerline. Bottoms of cages must be between 7 feet (2.1 m) and 8 feet (2.4 m) above the point of access to the bottom of the ladder. The bottom of the cage must be flared not less than 4 inch- es (10 cm) between the bottom horizontal band and the next higher band. Tops of cages must be a minimum of 42 inches (1.1 m) above the top of the platform or the point of access at the top of the ladder. There must be a way to access the platform or other point of access. Wells for Fixed Ladders The requirements for wells for fixed ladders are as follows: Wells must completely encircle the ladder. Wells must be free of projections. Inside faces of wells on the climbing side of the ladder must extend between 27 inches (68 cm) and 30 inches (76 cm) from the center- line of the step or rung. Inside widths of wells must be at least 30 inch- es (76 cm). Bottoms of wells above the point of access to the bottom of the ladder must be between 7 feet (2.1 m) and 8 feet (2.4 m). Ladder Safety Devices and Related support Systems for Fixed Ladders The connection between the carrier or lifeline and the point of attachment to the body belt or hamess must not exceed 9 inches (23 cm) in length. In addition, ladder safety devices and related support systems on fixed ladders must conform to the following: All safety devices must be able to withstand, without failure, a drop test consisting of a 500-pound weight (226 kg) dropping 18 inches (41 cm). Al I safety devices must permit the worker to ascend or descend without continually having to hold, push or pull any part of the device, leaving both hands free for climbing. All safety devices must be activated within 2 feet (.61 m) after a fall occurs and limit the descending velocity of an employee to 7 feetlsecond (2.1 misec) or less. Requirements for Mounting Ladder Safety Devices for Fixed Ladders The requirements for mounting ladder safety devices for fixed ladders are as follows: Mountings for rigid carriers must be attached at each end of the carrier, with intermediate mountings spaced along the entire length of the carrier, to provide the necessary strength to stop workers' falls. Mountings for Flexible carriers must be attached at each end of the carrier. Cable guides for flexible carriers must be installed with a spacing between 25 feet (7.6 m) and 40 feet (12.2 m) along the entire length of the car- rier, to prevent wind damage to the system. Design and installation of mountings and cable guides must not reduce the strength of the ladder. Side rails and steps or rungs for side-step fixed ladders must be continuous in extension, 1 Defective Ladders Ladders needing repairs are subject to the following rules: Portable ladders with structural defects —such as broken or missing rungs, cleats or steps, broken or split rails, corroded components or other faulty or defective components --must immediately be marked defective or tagged with "Do Not Use" or similar language and withdrawn from service until repaired. Fixed ladders with structural defects —such as broken or missing rungs, cleats or steps, broken or split rails or corroded components --- must be withdrawn from service until repaired. Defective fixed ladders are considered with- drawn from use when they are immediately tagged with "Do Not Use" or similar language, or marked in a manner that identifies them as defective, or blocked —such as with a plywood attachment that spans several rungs. Ladder repairs must restore the ladder to a condition meeting its original design criteria before the ladder is returned to use. The rules covering stairways and their components generally depend on how and when stairs are used. Specifically, there are rules for stairs used during construction and stairs used temporarily during construction, as well as rules governing stair rails and handrails. Stairways Used During Construction The following requirements apply to all stairways used during construction: Stairways that will not be a permanent part of the building under construction must have landings at least 30 inches deep and 22 inches wide (76 x 56 cm) at every 12 feet (3.7 m) or less of vertical rise. y Stairways must be installed at least 30 degrees ---and no more than 50 degrees —from the horizontal. Variations in riser height or stair tread depth must not exceed 114 inch in any stairway system, including any foundation structure used as one or more treads of the stairs. Doors and gates opening directly onto a stair- way must have a platform that extends at least 20 inches (51 cm) beyond the swing of the door or gate. Metal pan landings and metal pan treads must be secured in place before filling. Stairway parts must be free of dangerous projections such as protruding nails. Slippery conditions on stairways must be corrected. Workers must not use spiral stairways that will not be a permanent part of the structure. Temporary Stairs The following requirements apply to stairways used temporarily during construction. Except during construction of the stairway, Do not use stairways with metal pan landings and treads if the treads and/or landings have not been filled in with concrete or other materials unless the pans of the stairs and/or landings are temporarily filled in with wood or other materials. All treads and landings must be replaced when worn below the top edge of the pan. Do not use skeleton metal frame structures and steps (where treads and/or landings will be installed later) unless the stairs are fitted with secured temporary treads and landings. Note: Temporary treads must be made of wood or other solid material and installed the full width and depth of the stair. Stair Rails The following general requirements apply to all stair rails: Stairways with four or more risers or rising more than 30 inches (76 cm) in height — whichever is less --must be installed along each unprotected side or edge. When the top edge of a stair rail system also serves as a handrail, the height of the top edge must be no more than 37 inches (94 cm) nor less than 36 inches (91.5 cm) from the upper surface of the stair rail to the surface of the tread. Stair rails installed after March 15,1991, must be not less than 36 inches (91.5 cm) in height. Top edges of stair rail systems used as handrails must not be more than 37 inches (94 cm) high nor less than 36 inches (91.5 cm) from the upper surface of the stair rail system to the surface of the tread. (If installed before March 15, 1991, not less than 30 inches [76 cm)). Stair rail systems and handrails must be surfaced to prevent injuries such as punctures or lacerations and to keep clothing from snagging. Ends of stair rail systems and handrails must be built to prevent dangerous projections, such as rails protruding beyond the end posts of the system. In addition, Unprotected sides and edges of stairway landings must have standard 42-inch (1.1 m) guardrail systems. Intermediate vertical members, such as balusters used as guardrails, must not be more than 19 inches (48 cm) apart. Other intermediate structural members, when used, must be installed so that no openings are more than 19 inches (48 cm) wide. Screens or mesh, when used, must extend from the top rail to the stairway step and along the opening between top rail supports. Handrails Requirements for handrails are as follows: Handrails and top rails of the stair rail systems must be able to withstand, without failure, at least 200 pounds (890 n) of weight applied within 2 inches (5 cm) of the top edge in any downward or outward direction, at any point along the top edge. Handrails must not be more than 37 inches (94 cm) high nor less than 30 inches (76 cm) from the upper surface of the handrail to the surface of the tread. Handrails must provide an adequate handhold for employees to grasp to prevent falls. Temporary handrails must have a minimum clearance of 3 inches (8 cm) between the handrail and walls, stair rail systems and other objects. Stairways with four or more risers, or that rise more than 30 inches (76 cm) in height — whichever is less —must have at least one handrail. Winding or spiral stairways must have a handrail to prevent use of areas where the tread width is less than 6 inches (15 cm). Midrails Midrails, screens, mesh, intermediate vertical members or equivalent intermediate structural members must be provided between the top rail and stairway steps to the stair rail system. When midrails are used, they must be located midway between the top of the stair rail system and the stairway steps. Employers must train all employees to recog- nize hazards related to ladders and stairways, and instruct them to minimize these hazards. For example, employers must ensure that each employee is trained by a competent person in the following areas, as applicable: Nature of fall hazards in the work area; Correct procedures for erecting, maintaining and disassembling the fall protection systems to be used; Proper construction, use, placement and care in handling of all stairways and ladders; and Maximum intended load -carrying capacities of ladders used. Note: Employers must retrain each employee as necessary to maintain their understanding and knowledge on the safe use and construction of ladders and stairs. cleat — A ladder crosspiece of rectangular cross section placed on edge upon which a person may step while ascending or descending a ladder. double -cleat ladder — A ladder with a center rail to allow simultaneous two-way traffic for employ- ees ascending or descending. failure — Load refusal, breakage or separation of components. fixed ladder — A ladder that cannot be readily moved or carried because it is an integral part of a building or structure. handrail — A rail used to provide employees with a handhold for support. job -made ladder — A ladder that is fabricated by employees, typically at the construction site; non - commercially manufactured. load refusal — The point where the structural members lose their ability to cant' the load. point of access — Al I areas used by employees for work -related passage from one area or level to another. portable ladder — A ladder that can be readily moved or carried. riser height — The vertical distance from the top of a tread or platform/landing to the top of the next higher tread or platformllanding. side-step fixed ladder — A fixed ladder that requires a person to get off at the top to step to the side of the ladder side rails to reach the landing. single -cleat ladder —A ladder consisting of a pair of side rails connected together by cleats, rungs or steps. stair rail system — A vertical barrier erected along the unprotected sides and edges of a stairway to prevent employees from falling to lower levels. temporary service stairway — A stairway where permanent treads and/or landings are to be filled in at a later date. through fixed ladder — A fixed ladder that requires a person getting off at the top to step between the side rails of the ladder to reach the landing. tread depth — The horizontal distance from front to back of a tread, excluding nosing, if any. OSHA can provide extensive help through a variety of programs, including technical assistance about effective safety and health programs, state plans, workplace consultations, voluntary protec- tion programs, strategic partnerships, and training and education, and more. An overall commitment to workplace safety and health can add value to your business, to your workplace, and to your life. Safety and Health Program Management Guidelines Effective management of worker safety and health protection is a decisive factor in reducing the extent and severity of worts -related injuries and ill- nesses and their related costs. In fact, an effective safety and health program forms the basis of good worker protection and can save time and money —about $4 for every dollar spent —and increase productivity and reduce worker injuries, illnesses and related workers' compensation costs. To assist employers and employees in devel- oping effective safety and health programs, OSHA published recommended Safety and Health Program Management Guidelines (Federal Register 54 (16): 3904-3916, January 26, 1989). These voluntary guidelines can be applied to all places of employment covered by OSHA. The guidelines identify four general elements critical to the development of a successful safety and health management system: Management leadership and employee involvement, Workaday analysis, Hazard prevention and control, and Safety and health training. The guidelines recommend specific actions, under each of these general elements, to achieve an effective safety and health program. The Federal Register notice is available online at www.osha.gov. State Programs The Occupational Safety and Health Act of 1970 (OSH Act) encourages states to develop and oper- ate their own job safety and health plans. OSHA approves and monitors these plans. There are cur- rently 26 state plans: 23 cover both private and public (state and local government) employment; 3 states, Connecticut, New Jersey and New York, cover the public sector only. States and territories OSHA A with their own OSHA -approved occupational safety and health plans must adopt standards identical to, or at least as effective as, the federal standards. Consultation Services Consultation assistance is available on request to employers who want help in establishing and maintaining a safe and healthful workplace. Largely funded by OSHA, the service is provided at no cost to the employer. Primarily developed for smaller employers with more hazardous operations, the consultation service is delivered by state governments employing professional safety and health consultants. Comprehensive assistance includes an appraisal of all mechanical systems, work practices, and occupational safety and health hazards of the workplace and all aspects of the employer's present job safety and health program. In addition, the service offers assistance to employers in developing and implementing an effective safety and health program. No penalties are proposed or citations issued for hazards identified by the consultant. OSHA provides consultation assistance to the employer with the assurance that his or her name and firm and any information about the workplace will not be routinely reported to OSHA enforce- ment staff. Under the consultation program, certain exemplary employers may request participation in OSHAs Safety and Health Achievement Recognition Program (SHARP). Eligibility for participation in SHARP includes receiving a comprehensive consultation visit, demonstrating exemplary achievements in workplace safety and health by abating all identified hazards, and devel- oping an excellent safety and health program. Employers accepted into SHARP may receive an exemption from programmed inspections (not complaint or accident investigation inspections) for a period of 1 year. Voluntary Protection Programs (VPP) Voluntary Protection Programs and onsite consul- tation services, when coupled with an effective enforcement program, expand worker protection to help meet the goals of the OSH Act. The three VPP--Star, Merit, and Demonstration --are designed to recognize outstanding achievements by companies that have successfully incorporated comprehensive safety and health programs into their total management system. The VPP motivate others to achieve excellent safety and health results in the same outstanding way as they establish a cooperative relationship between employers, employees, and OSHA. For additional information on VPP and how to apply, contact the OSHA regional offices listed at the end of this publication. Strategic Partnership Program OSHAs Strategic Partnership Program, the newest member of OSHAs cooperative programs, helps encourage, assist, and recognize the efforts of partners to eliminate serious workplace hazards and achieve a high level of worker safety and health. Whereas OSHAs Consultation Program and VPP entail one-on-one relationships between OSHA and individual work sites, most strategic partnerships seek to have a broader impact by building cooperative relationships with groups of employers and employees. These partnerships are voluntary, cooperative relationships between OSHA, employers, employee representatives, and others (e.g., trade unions, trade and professional associations, universities, and other government agencies). For more information on this and other coop- erative programs, contact your nearest OSHA office, or visit OSHAs website at www.oslha.gov. Alliance Program Alliances enable organizations committed to workplace safety and health to collaborate with OSHA to prevent injuries and illnesses in the workplace. OSHA and its allies work together to reach out to, educate, and lead the nation's employers and their employees in improving and advancing workplace safety and health. Alliances are open to all, including trade or professional organizations, businesses, labor organizations, educational institutions, and gov- ernment agencies. In some cases, organizations may be building on existing relationships with OSHA through other cooperative programs. There are few formal program requirements for alliances, which are less structured than other cooperative agreements, and the agreements do not include an enforcement component. However, OSHA and the participating organizations must define, implement, and meet a set of short- and long-term goals that fall into three categories: training and education; outreach and communica- tion; and promotion of the national dialogue on workplace safety and health. Training and Education OSHAs area offices offer a variety of information services, such as compliance assistance, technical advice, publications, audiovisual aids and speakers for special engagements. OSHAs Training Institute in Arlington Heights, III., provides basic and advanced courses in safety and health for federal and state compliance officers, state consultants, federal agency personnel, and private sector employers, employees, and their representatives. The OSHATraining Institute also has estab- lished OSHATraining Institute Education Centers to address the increased demand for its courses from the private sector and from other federal agencies. These centers are nonprofit colleges, universities, and other organizations that have been selected after a competition for participation in the program. OSHA also provides funds to nonprofit organi- zations, through grants, to conduct workplace training and education in subjects where OSHA believes there is a lack of workplace training. Grants are awarded annually. Grant recipients are expected to contribute 20 percent of the total grant cost. For more information on grants, training and education, contact the OSHATraining Institute, Office of Training and Education, 2020 South Arlington Heights Road, Arlington Heights, IL 60005, (847) 297-4810, or see Outmach on OSHAs website at wwwosha.gov For further information on any OSHA program, contact your nearest OSHA area or regional office listed at the end of this publication. Electronic Information OSHA has a variety of materials and tools avail- able on its website wwwosha.gov. These include e-Tools such as Expert Advisors, Electronic Compliance Assistance Tools (e-cats), Technical Links, regulations, directives and publications; videos and other information for employers and employees. OSHAs software programs and compliance assistance tools walk you through challenging safety and health issues and common problems to find the best solutions for your workplace. OSHNs CD-ROM includes standards, interpretations, directives, and more and can be purchased on CD-ROM from the U.S. Government Printing Office. To order, write to the Superintendent of Documents RO. Box 371954 Pittsburgh, PA 15250-7954 or phone (202) 512-1800, or order online at httpJ/bookstofe.gpo.gov. OSHA Publications OSHA has an extensive publications program. For a listing of free or sales items, visit OSHAs website at www.osha.gov or contact the OSHA Publications Office U.S. Department of Labor 200 Constitution Avenue, NW, N-3101 Washington, DC 20210 Telephone (202) 693-1888 or fax to (202) 693-2498. Emergencies, Complaints or Further Assistance To report an emergency, file a complaint or seek OSHA advice, assistance or products, call (800) 321-OSHA or contact your nearest OSHA regional or area office listed at the end of this publication. The teletypewriter (TTY) number is (877) 889-5627. You can also file a complaint online and obtain more information on OSHA federal and state programs by visiting OSHAs website at www.osha.gov. Region I (CT,* ME, MA, NH, RI, VT*) JFK Federal Building, Room E340 Boston, MA 02203 (617) 565-9860 Region II (NJ,* NY,* PR,* VI*) 201 Varick Street, Room 670 NewYork, NY 10014 (212) 337-2378 Region III (DE, DC, MD,* PA,* VA,* WV) The Curtis Center 170 S. Independence Mall West Suite 740 West Philadelphia, PA 19106-3309 (215) 861-4900 Region IV (AL, FL, GA, KY, * MS, INC, * SC, * TN *) 61 Forsyth Street, SW, Room 6T50 Atlanta, GA 30303 (404) 562-2300 Region V (IL, IN,* MI,* MN,* OH, WI) 230 South Dearborn Street, Room 3244 Chicago, IL 60604 (312) 353-2220 Region VI (AR, LA, NM,* OK,TX) 525 Griffin Street, Room 602 Dallas,TX 75202 (214) 767- 4731 or 4736 x224 Region VII (IA,* KS, MO, NE) City Center Square 1100 Main Street, Suite 800 Kansas City, MO 64105 (816) 426-5861 Region VIII (CO, MT ND, SD, UT,* WY*) 1999 Broadway, Suite 1690 P.O. Box 46550 Denver, CO 80201-6550 (303) 844-1600 Region IX (American Samoa, AZ,* CA,* HI, NV,* Northern Mariana Islands) 71 Stevenson Street, Room 420 San Francisco, CA 94105 (415) 975-4310 Region X (AK,* ID, OR,* WA*) 1111 Third Avenue, Suite 715 Seattle, WA 98101-3212 (206) 553-5930 *These states and territories operate their own OSHA -approved job safety and health programs (Connecticut, New Jersey and New York plans cover public employees only). States with approved programs must have a standard that is identical to, or at least as effective as, the federal standard. Note: To get contact information for OSHA Area Offices, OSHA -approved State Plans and OSHA consultation projects, please visit us online at www.osha.gov or tail us at (800) 321-OSHA (6742). To: City of Renton From: Chris & Holly Oppfelt Property address - 3119 Mountain View Avenue North Renton WA 98056 Mailing address — 13028 NE 32"d Place Bellevue WA 98005 Phone — 425-891-4592 Subject APPEAL OF CITY BUILDING PERMIT CONSTRUCTION STRUCTURE ON MOUNTAIN VIEW 98056 Date: August 22, 2006 City of Renton: CITY OF RENTON AUG 2 2 2006 RECEIVED CITY CLERK'S OFOCE 1: to ?,$4 4-rf-S OF RENTON'S ISSUANCE OF A (#CP05222) ALLOWING FOR OF DETACHED ACCESSORY PROPERTY LOCATED AT 3205 AVENUE NORTH, RENTON, WA We are the owners of the property at 3119 Mountain View Avenue North, Renton, WA 98056. We are currently in the process of constructing a new single family residence on our property that, we hope, will be completed within the next couple months. Steve & Nancy Porter (our neighbors to the north) are also constructing a new single family residence on their property at 3205 Ive(r AA es Mountain View Avenue North, Renton, WA 98056, Recently, the Porters submitted design changes to their original plans which were approved by the City of Renton. The design changes involve (or include) the relocating of an outdoor fireplace structure closer to our mutual property line. Current applicable City of Renton building codes allow for the construction of a detached accessory structure in a rear yard that can be as much as 15' tall and can be built on the property line (no setback). As such, the revised design that the Porters submitted appears compliant with current City building codes (with regard to the size/type/location of the structure). We are very concerned about the manner in which this structure will encroach on our property and the detrimental effects this encroachment will cause. Accordingly, we desire to appeal the granting of this permit on the basis of two issues: 1. Lack of easements for temporary construction or for ongoing/ periodic maintenance. 2. Unfair limitations on our future development rights. The following summarizes our concerns and thinking with respect to these two issues. LACK OF EASEMENTS: Considering the nature, size, and design of the detached structure the Porters intend to build and the grade levels of the mutual properties in the location of intended construction, it is inconceivable that this structure can be built or properly maintained, where intended, without trespassing on our property. The vertical walls of the structure (facing our property) are anywhere from 7' to 11 +' tall and the side yard grade from which it will be built is up to 4' lower than the finished grade of the patio surface on which it will be built (note also that the side yard grade is misrepresented in the applicable plans submitted in connection with this plan revision). Constructing or maintaining this structure, given the complexities of it's design & materials, while remaining within the 18" of space that will exist between the structure and the property line is very likely impossible. Workers simply will not have a sufficient angle to safely lean a ladder on which to work nor is there sufficient space to install/ access scaffolding without trespassing onto or into our property. So... should the likelihood of potential trespass in the act of constructing or maintaining a "zero" or "near -zero" lot line structure be considered as part of the permitting process for these structures? We think it should be but, as best we can tell, don't think this is considered in the City's current permit review process for these structures. In the vast majority of situations it is understandable that the issue of potential trespass is not a material concern given that most applications to construct rear yard detached accessory structures situated on or in close proximity to an adjoining property line typically involve smaller & less complicated structures — like a prefab storage shed. At the other extreme, and absent a very unusual design and construction plan, it is virtually inconceivable that a 15' tall detached accessory structure built "on" a property line could be constructed and/ or properly maintained without such easements. Therefore, the building codes silence with respect to considering the property rights of the adjoining parcel owner creates the very real potential that the adjoining property owner will suffer some form of trespass or nuisance from which they, lawfully, should be protected. • Trespass is the act of entering another person's property without permission of the owner or his/her agent and without lawful authority and causing any damage, no matter how slight. Any interference with the owner's use of the property is a sufficient showing of damage and is a civil wrong (tort) sufficient to form the basis for a lawsuit against the trespasser by the owner of the property. Trespass includes things like swinging the boom of a crane with loads of building materials over another's property or dumping debris on another's real estate. • Nuisance is a use of property or course of conduct that interferes with the legal rights of others by causing damage, annoyance, or inconvenience. We believe that the building codes and permitting process for detached accessory structures, when allowed to be situated within close proximity to a property line (e.g. "zero" or "near -zero" lot line structures), need to incorporate a reasonable standard that would ensure either: 1. That it's feasible to construct/ maintain the structure without risk of trespass, or 2. That appropriate temporary construction and ongoing maintenance easements be obtained concurrent with the permit process. Absent one (or both) of the above we believe the City's current building code with respect to these types of structures has the risk of, inadvertently and unintentionally, harming the adjoining property owner. In our specific case, we believe that the structure the Porters intend to construct should be set back a minimum of 3' (and preferably 4') from the property line to reasonably protect our property rights and allow a safe work site for construction & maintenance of the structure. UNFAIR LIMITATIONS ON OUR FUTURE DEVELOPMENT RIGHTS: Many (most?) rear yard detached accessory structures are benign in their nature/ function — like the typical garden storage shed. Situating such a structure "on" on very near a property line has no impact on an adjoining property owner's development rights. In our case, the structure that the Porters intend to build includes a fireplace that, we understand, will be some variety of natural gas burning insert. Queries with employees in the City's building department about required setbacks from the exhaust vent of this fireplace returned the following response: any setbacks must be "in compliance with the manufacturer's specifications". This makes complete sense as there is no way the City's codes could contemplate the many varieties of these fireplace insert devices, how much heat and other emissions they vent and so on. That said, is it fair, right or reasonable that the Porters are allowed to install a gas fireplace insert in close proximity to the mutual property line that could adversely impact/restrict our future development plans? For example, if some day we were to desire to construct our own detached accessory structure that was to be in close proximity to the one the Porters intend to construct, is it right that we could find out that we can't build as close to the property line and/or as tall of a structure as might otherwise be allowed simply because we lack a sufficient setback from their chimney as required by "manufacturers specifications"? We believe that in the case of detached structures that include non - benign components (like this fireplace) the City has a duty to protect/preserve the rights of an adjoining property owner. At a minimum, the type of fireplace device allowed and the required setback from the property line of the detached accessory structure should mirror the code requirements applicable to when these same devices are installed in the primary residential structures themselves. To be truly fair and protective of an adjoining property owner's future development rights, any "non -benign" component that is part of a detached accessory structure should not be allowed to be built within a rear yard setback such that it, in any way, would restrict the future development rights of the adjoining parcel owner. In our case, we do not know the specific gas fireplace insert device that the Porters intend to incorporate in their structure and therefore don't know today what the safe setback distance is per "manufacturer's specifications". To be fair we think that the exhaust chimney for this device should be situated far enough back from the property line such that none of our future development rights (e.g. to put an addition on our house; to construct our own "zero lot line" detached accessory structure; to plant tall plants (e.g. bamboo)) should be restricted by the encroaching (& non -benign) structure the Porters intend to build. We greatly respect the thoroughness and quality of the City's current building codes and permit review process and appreciate the challenges of developing and maintaining building codes that work for the betterment of the community as a whole and balance the rights of individual property owners. While this appeal is specific to our property and our situation, we also hope that we have raised awareness about potential code issues that may lead to the adoption of additional restrictions relative to these types of detached accessory structures. We would be pleased to provide any further information to allow the City to fully evaluate this appeal. Please contact us at 425.891.4592 or via email at chrisoppfelt@comcast.net. Respectfully submitted, Chris appfelt Holly Oppfelt CITY OF RENTON s City Clerk Division + 1055 South Grady Way Renton, WA 98055 N 425-430-6510 0 gash g Ch ck No. Description: Funds Received From: Name Address City/Zip ❑ Copy Fee ❑ Appeal Fee Receipt N OW2 Date 0 Notary Service 10 f � . () � 1� ;[ � "R `1 Kathy Keolker, Mayor 28, 2006 Chris & Holly Oppfelt 13028 NE 32 d Place Bellevue, WA 98005 CITX 3F RENTON' Hearing Examiner Fred J. Kaufman Re: Appeal of City of Renton's issuance of a Building Permit allowing construction of detached accessory structure on property located at 3205 Mountain View Ave N., Renton, WA 98056. Dear Mr. and Mrs. Oppfelt: Please be advised that the appeal hearing in the above matter has been scheduled for Tuesday, October 17, 2006 at 9:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, G� Fred Kaufman Hearing Examiner City of Renton FKInt cc: Kathy Keolker, Mayor Jay Covington, CAO Larry Warren, City Attorney Neil Watts, Development Services Director Jennifer Henning, Principal Planner Steve & Nancy Porter 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6515 R E N T O LV AHEAD OF THE CURVE ..This paper contains 50%recycled rneherl4l,30%post cormmwff J� COUGHLIN PORTER LUNDEEN 0 0 V October 4, 2006 el Mr. Fred Kaufman w City of Renton Office of the Hearing Examiner 1055 South Grady Way Renton WA 98057 RE: 3205 Mountainview Ave North, Renton WA Porter Residence (Cihj of Renton Permit #CP05222 Appeal of Detached Accessory Structure Dear Mr. Kaufman, My name is Steve Porter. My wife Nancy and I are building a new single family residence at 3205 Mountainview Ave North in Renton Washington. As you may be aware, I recently applied for a permit revision to my personal residence, City of Renton Permit # CP0522'r, and received permission to build a detached accessory structure in my back yard along the south property line. The detached accessory structure is actually a covered fire place and patio. I recently received a notice from your office indicating that my veighbor to the south, Mr. Oppfelt, has appealed the City's approval of the detached structure and a hearing date has been scheduled for October 17, 2006 to review the appeal. During the permit review process, the City of Renton designated the covered fire place pavilion as a detached accessory structure under section 4-2-110B of the City of Renton Residential Development Standards. The detached structure is 232 square feet, well below the 1,000 square foot maximum allowed for a single detached accessory structure. The detached structure is Iocated a minimum 6'-0" from our primary residence. Pursuant to RMC 4-2-110B (Zoning R8), a side yard setback is 3 ft. unless located between the rear of the house and the rear properhj line, then Oft, side yard is allozved. Since our detached accessory structure is located between the rear of the house and the rear property line, the side yard setback is 0 ft. For ease of construction and maintenance, we are proposing to setback the detached accessory structure I ft. 6 in. from the south property line (side yard). Additionally, the shucture is located well out of the 25 foot shoreline setback. I have received written correspondence from my neighbor Chris OppfeIt indicating his displeasure with the location of the detached accessory structure and his concern with potential trespassing onto his property for access to construct and or maintain the structure. I have attached a copy of the email I received from Mr. Oppfelt outlining his concerns. In summary, Mr. Oppfelt's concerns are centered on the potential need for temporary and or permanent construction easements that may be required to access his property to install and or maintain the structure. Additionally, Mr. Oppfelt is concerned that the location of the detached accessory structure will cause our family, guests and or workers to trespass on his property to access the rear yard from the patio, -.3 PINE STREET •SUITE300. SEATTLE,WA 98101 - R2061343-0460 - f:2061343-5691 Mr. Fred Kaufman 2 October 4, 2006 I would like to address Mr. Oppfelt's concerns and offer mitigation measures and assurances that we will make every effort to deal with his trepidation. First, even though the City code allows the detached accessory structure to be placed with a 0 ft set back in the rear yard, we have purposely maintained a 1 ft 6 inch setback to allow for construction and maintenance of the structure. I have asked my contractor to review the approved permit plans and confirm that he can build and maintain the structure without affecting the neighboring property. I have attached a letter from my contractor Tim Greer of Mercer Builders indicating that the design and proposed setback is sufficient and that he can build and maintain the structure without accessing Mr. Oppfelts property. We have also revised our access to the backyard from the patio and do not intend on using Mr. Oppfelt's property to access our backyard. I have attached a site plan indicating the proposed detached structure and our proposed access to the rear yard. In response to Mr. Oppfelt's concerns we are prepared to install a fence along our mutual property line to ensure that our contractor, workers, family members and guests do not trespass on Mr. Oppfelt's property to access our rear yard from the patio area. I have also attached a letter from my landscape architect indicating the placement and location of the fire place have been thoroughly reviewed and designed to work with the main residence and that moving it further north would comprise the design of the main residence This is our dream house, and we plan to live here for the rest our lives. Through the entire permitting process we have foIIowed all the City's rules and regulations and the City staff has determined that the proposed detached accessory structure is compliant with all the state, local and City setback requirements. We have spent hundreds of hours and hundreds of thousands of dollars on design costs associated with our house and landscaping design Our designers and landscape architect have spent numerous hours tying to find the perfect location for our covered fire place pavilion We respectfully request that you allow the detached accessory structure to be installed per the City of Renton approved permit plans dated July 26, 2006. Thank you very much for this opportunity to present our information in advance of the hearing. We do plan on attending the hearing. Sincerely, Steve and Nancy Porter, Message Page 1 of 2 Steve Porter From: Chris Oppfelt [chrisoppfelt@comcast.net] Sent: Tuesday, August 15, 2006 7:24 AM To: Steve Porter; Nancy.Porter@swedish.org Subject: Detached accessory structure Dear Steve & Nancy: Having recently learned of your revised building plans which include moving your detached fireplace structure closer to our mutual property line, we are in the process of exploring our rights with regard to appealing the granting of this construction permit. We respect your right to construct whatever structure(s) you desire as allowed by current building codes. However, we hope you can understand our frustration in that the "gains" you expect to realize from these recent revisions are entirely at our expense. It is our hope that this structure doesn't end up undermining the cooperative spirit and good neighborly relations we've enjoyed since we all moved to Mountain View Avenue but, from our perspective, it has that potential. Regardless of what happens with any appeal process, if you elect to proceed with your current construction plans with respect to this structure, please be respectful of the following: 1. You do not have a temporary construction easement allowing any use of our property for building this structure. Accordingly, we ask that you (or your workers) not ever trespass, in any way, on or across our property to complete its construction. 2. You do not have a maintenance easement relative to taking care of this structure (once built) that allows you any use of our property. Accordingly, we ask that you (or your workers) not ever trespass, in any way, on or across our property to maintain the structure. Any maintenance must be capable of being performed entirely from your property. 3. You do not have any easement relative to any plants/ landscaping that may be installed in the narrow strip of land behind this structure. Accordingly, we ask that you (or your workers) not ever trespass, in any way, on or across our property to install or maintain this landscaping. Any installation or maintenance must be capable of being performed entirely from your property. 4. Repositioning this structure effectively eliminates your south side yard access to the lower yard. We ask that you (or any family, guests, workers, etc) not ever trespass onto our side yard access way as a means of getting from your patio area or south side yard to the lower yard. We sincerely apologize for the formality of this communication as well as the unfriendliness of 10/5/2006 Message Page 2 of 2 the aforementioned stipulations but, from our perspective, even if we are unsuccessful in preventing construction of this structure as currently designed, at the very least we can take some solace in the fact that we exhausted all avenues allowed under our property rights as well as making it as difficult as possible for the structure to exist as and where you intend. Rather than having you folks proceed with your current design plan and us imposing/enforcing the above stipulations, we would hope that you share our desire to maintain the great relationship we've enjoyed thus far and look forward to your thoughts and working with you to explore some mutually beneficial solutions. Sincerely, Chris & Holly Oppfelt 10/5/2006 Allworth Nussbaum October 4, 2006 Mr. Fred Kaufman City of Renton Office of the Hearing Examiner 1055 South Grady Way Renton WA 98057 Dear Mr. Kaufman, This letter is written in response to a notice from the Hearing Examiner's office regarding the review of an appeal on my client's Steve and Nancy Porters outdoor covered fireplace at 3205 Mountainview Ave North. My name is Randy Allworth and I am a principal design landscape architect with Allworth Nussbaum. I have been working with the Porter's on the landscape planting design, site layout, and placement of the outdoor covered fireplace pavilion since 2004. I understand that your office is reviewing a recent appeal to the placement of the fireplace pavilion. Mr. Porter has indicated to me that the fireplace pavilion complies with the City of Renton's setback requirements. I visited the site on August 30, 2006 to review the location of the proposed fireplace pavilion and evaluate potential options for moving the structure further north. It is my professional opinion the fireplace structure should remain per its current design. Moving it to the north would compromise the design of the primary residence by blocking windows. The fireplace structure was designed with a horizontal emphasis and creates a visual "bridge" that gracefully transitions the scale of the house to the lower landscape nearer the lake. The specific location of the structure optimizes privacy for both the Porter's and their neighbor to the south. The structure is set back from the property line far enough to provide plant material to effectively "ground" it within a planted landscape. I believe that the fireplace pavilion is tastefully designed with beautiful materials and will create a pleasant screen between the neighboring properties. 3CNi seaffc wa �)8104 a 5 2Ch.6's.'399 nfo aliwor:h�iussbaum.com P Mr, Fred Kaufman City of Renton Office of the Hearing Examiner 1055 South Grady Way Renton WA 98057 Dear Mr, Kaufman, My name is Tim Career and I am the contractor and site general superintendent .for Steve and Nancy Porter's residential project at 3205 Mountainview Ave North in Renton Washington. I am aware of the CiWs permit approval for the Porter's residential project, allowing them to install a detached accessory structure in their rack yard. I am also aware cif the Porter's neighbor to the south, Mr. Oppfelt's .recent appeal to the City of Renton to move the location of the proposed detached accessory structure. I have had some conversation with Mr. Oppfelt and Mr. Porter, and I am aware of some of Mr, Oppfelfs concerns related to construction and maintenance 14 the detached accessory structure, l understand that MT- Oppfelt is concerned that we will need to acc 4 ss Tits property to install and or maintain the structure. I have prepared this letter in an attempt to addrt25s Nlr. Oppfelt s concerns related to the installation, cortstruction and maintenance of the propowwd detached accessary structure. The permit plans approved by the Cite of Renton indicate a I ft 6 inch wthac k trove the southerly property line, l have over 30 years of experience in residential construction anti in zit'- prof essiunal opinion; l believe that l can construct the detached structure solely on the Porter's property and without the need for temporary construction or access easements from the OppfeWs, Furthermore, it is my opinion that the detached accessory structure can be properly maintained without the rwed to the Oppfeles property. As an additional mitigation measure, I can install a temporary or permanent .fence along the property line, next to the structure, to erisure that we olc, not t�ncruach into Mr, Opffelt's property during the initial construction or subsequent maintenance of the strudure- Should you have any questions or require ddeItIUMd i3lt0rmation, please do not hesitate to call me on my cell phone at (206) 551-9698, Sincerely, Mr, Tim Career Mercer Builders, CC Steve and Nancy Porter Plow U&MI234 CITY OF %%TON To: City of Renton From: Chris & Holly Oppfelt Property address - 3119 Mountain View Avenue North Renton WA 98056 Mailing address — 13028 NE 32"d Place Bellevue WA 98005 Phone — 425-891-4592 Subject APPEAL OF CITY BUILDING PERMIT CONSTRUCTION STRUCTURE ON MOUNTAIN VIEW 98056 Date: August 22, 2006 City of Renton: AUG 2 2 2006 RECEIVED CITY CLERK'S OFFICE is ra 'Po 4 Z' OF RENTON'S ISSUANCE OF A (#CP05222) ALLOWING FOR OF DETACHED ACCESSORY PROPERTY LOCATED AT 3205 AVENUE NORTH, RENTON, WA We are the owners of the property at 3119 Mountain View Avenue North, Renton, WA 98056. We are currently in the process of constructing a new single family residence on our property that, we hope, will be completed within the next couple months. Steve & Nancy Porter (our neighbors to the north) are also constructing a new single family residence on their property at 3205 Mountain View Avenue North, Renton, WA 98056. Recently, the Porters submitted design changes to their original plans which were approved by the City of Renton. The design changes involve (or include) the relocating of an outdoor fireplace structure closer to our mutual property line. Current applicable City of Renton building codes allow for the construction of a detached accessory structure in a rear yard that can be as much as 15' tall and can be built on the property line (no setback). As such, the revised design that the Porters submitted appears compliant with current City building codes (with regard to the size/type/location of the structure). We are very concerned about the manner in which this structure will encroach on our property and the detrimental effects this encroachment will cause. Accordingly, we desire to appeal the granting of this permit on the basis of two issues: 1. Lack of easements for temporary construction or for ongoing/ periodic maintenance. 2. Unfair limitations on our future development rights. The following summarizes our concerns and thinking with respect to these two issues. LACK OF EASEMENTS: Considering the nature, size, and design of the detached structure the Porters intend to build and the grade levels of the mutual properties in the location of intended construction, it is inconceivable that this structure can be built or properly maintained, where intended, without trespassing on our property. The vertical walls of the structure (facing our property) are anywhere from i' to 11+' tall and the side yard grade from which it will be built is up to 4' lower than the finished grade of the patio surface on which it will be built (note also that the side yard grade is misrepresented in the applicable plans submitted in connection with this plan revision). Constructing or maintaining this structure, given the complexities of it's design & materials, while remaining within the 18" of space that will exist between the structure and the property line is very likely impossible. Workers simply will not have a sufficient angle to safely lean a ladder on which to work nor is there sufficient space to install/ access scaffolding without trespassing onto or into our property. So... should the likelihood of potential trespass in the act of constructing or maintaining a "zero" or "near -zero" lot line structure be considered as part of the permitting process for these structures? We think it should be but, as best we can tell, don't think this is considered in the City's current permit review process for these structures. In the vast majority of situations it is understandable that the issue of potential trespass is not a material concern given that most applications to construct rear yard detached accessory structures situated on or in close proximity to an adjoining property line typically involve smaller & less complicated structures — like a prefab storage shed. At the other extreme, and absent a very unusual design and construction plan, it is virtually inconceivable that a 15' tall detached accessory structure built "on" a property line could be constructed and/ or properly maintained without such easements. Therefore, the building codes silence with respect to considering the property rights of the adjoining parcel owner creates the very real potential that the adjoining property owner will suffer some form of trespass or nuisance from which they, lawfully, should be protected. • Trespass is the act of entering another person's property without permission of the owner or his/her agent and without lawful authority and causing any damage, no matter how slight. Any interference with the owner's use of the property is a sufficient showing of damage and is a civil wrong (tort) sufficient to form the basis for a lawsuit against the trespasser by the owner of the property. Trespass includes things like swinging the boom of a crane with loads of building materials over another's property or dumping debris on another's real estate. • Nuisance is a use of property or course of conduct that interferes with the legal rights of others by causing damage, annoyance, or inconvenience. We believe that the building codes and permitting process for detached accessory structures, when allowed to be situated within close proximity to a property line (e.g. "zero" or "near -zero" lot line structures), need to incorporate a reasonable standard that would ensure either: 1. That it's feasible to construct/ maintain the structure without risk of trespass, or 2. That appropriate temporary construction and ongoing maintenance easements be obtained concurrent with the permit process. Absent one (or both) of the above we believe the City's current building code with respect to these types of structures has the risk of, inadvertently and unintentionally, harming the adjoining property owner. In our specific case, we believe that the structure the Porters intend to construct should be set back a minimum of 3' (and preferably 4') from the property line to reasonably protect our property rights and allow a safe work site for construction & maintenance of the structure. UNFAIR LIMITATIONS ON OUR FUTURE DEVELOPMENT RIGHTS: Many (most?) rear yard detached accessory structures are benign in their nature/ function — like the typical garden storage shed. Situating such a structure "on" on very near a property line has no impact on an adjoining property owner's development rights. In our case, the structure that the Porters intend to build includes a fireplace that, we understand, will be some variety of natural gas burning insert. Queries with employees in the City's building department about required setbacks from the exhaust vent of this fireplace returned the following response: any setbacks must be "in compliance with the manufacturer's specifications". This makes complete sense as there is no way the City's codes could contemplate the many varieties of these fireplace insert devices, how much heat and other emissions they vent and so on. That said, is it fair, right or reasonable that the Porters are allowed to install a gas fireplace insert in close proximity to the mutual property line that could adversely impact/restrict our future development plans? For example, if some day we were to desire to construct our own detached accessory structure that was to be in close proximity to the one the Porters intend to construct, is it right that we could find out that we can't build as close to the property line and/or as tall of a structure as might otherwise be allowed simply because we lack a sufficient setback from their chimney as required by "manufacturers specifications"? We believe that in the case of detached structures that include non - benign components (like this fireplace) the City has a duty to protect/preserve the rights of an adjoining property owner. At a minimum, the type of fireplace device allowed and the required setback from the property line of the detached accessory structure should mirror the code requirements applicable to when these same devices are installed in the primary residential structures themselves. To be tr_ _uly fair and protective of an adjoining property owner's future development rights, any "non -benign" component that is part of a detached accessory structure should not be allowed to be built within a rear yard setback such that it, in any way, would restrict the future development rights of the adjoining parcel owner. In our case, we do not know the specific gas fireplace insert device that the Porters intend to incorporate in their structure and therefore don't know today what the safe setback distance is per `"manufacturer's specifications". To be fair we think that the exhaust chimney for this device should be situated far enough back from the property line such that none of our future development rights (e.g. to put an addition on our house; to construct our own "zero lot line" detached accessory structure; to plant tall plants (e.g. bamboo)) should be restricted by the encroaching (& non -benign) structure the Porters intend to build. We greatly respect the thoroughness and quality of the City's current building codes and permit review process and appreciate the challenges of developing and maintaining building codes that work for the betterment of the community as a whole and balance the rights of individual property owners. While this appeal is specific to our property and our situation, we also hope that we have raised awareness about potential code issues that may lead to the adoption of additional restrictions relative to these types of detached accessory structures. We would be pleased to provide any further information to allow the City to fully evaluate this appeal. Please contact us at 425.891.4592 or via email at chrisoppfelt@comcast.net. Respectfully submitted, Chris Oppfelt Holly Oppfelt CITY OF RENTON sty MAO s . + . 1DSSotxrat y Way Renoss A $b 425=430-6-5 0 f r'