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HomeMy WebLinkAboutLUA-08-038 - Report 1CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: June 2, 2008 To: City Clerk's Office From: Margarita Flores Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: The Hansen Surveying Appeal LUA (file) Number: LUA-08-038, AAD Cross -References: SR08-0579 AKA's: Project Manager: Jennifer Henning Acceptance Date: Applicant: Rodney Hansen Owner: Same as Applicant Contact: Roger Pearce PID Number: ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Appeal of the Administrative Decision for a non -conforming commercial business in a residential zone that outlined conditions that limit the business from being sold and/or expanded. Location: 17420 116rh Avenue SE Comments: Appeal was withdrawn per applicant's request. MP FOSTER PEPPER...: April 18, 2008 VIA FACSIMILE AND U.S. MAILL Mr. Fred J. Kaufman Hearing Examiner City of Renton 1055 South Grady Way Renton, Washington 98055 Re: WITHDRAWAL OF NOTICE OF APPEAL Conditions Placed on Legal Nonconforming Use APPELLANT: Rodney Hansen and Hansen Surveying Dear Mr. Kaufman: RECEIVED APR S 12o08 CQt fie�R}��EN 4676 Direct FacsCi`�m�7e ""W49-1997 E-Mail PearR@foster.com We are the attorneys for Mr. Rodney Hansen and Hansen Surveying. On April 15, 2006, Mr. Hansen and Hansen Surveying filed an appeal of a City administrative determination. On behalf of Mr. Hansen and Hansen Surveying, we hereby WITHDRAW that appeal. Please cancel any upcoming dates for this matter. Thank you for your attention to this. Very truly yours, FOSTER PEPPER�LLC w Roger A. Pearce Attorneys for appellants Rodney Hansen and Hansen Surveying cc: Mr. Rodney Hansen Larry Warren, Esq. Neil Watts, City of Renton ri:.r.:206.447.4400 FAx 206.447.9700 1111 1 SL/0"I'LL. VASHINGTON �18101.;29'3 WWWFOSTE-R.CO'_VI 50904964.1 SFA1TLE WASHrvcrc ?' "!'. %.` 1. %kASHi,\: roN PORTLAJ D ii rFco: 04/18/2008 16:48 FAX [0 001/002 M FOSTER PE ER FACSIMILE RANSMI TTA 1. SHEET April 19. 2{)08 -1'0; 1:AX N€ IMIif' t, V01C'1 C ONTA(" I': V( ICT"' (.-ONFIRM: Katitnnan (425) 4.�0-()516 ('425) 410-6515 1�. Yes [ No 1"rom: Roger A. Pearce Dircc-t Dial: (?l)G) 447-4676 CrT Yti7i' RENT 0ld Direct 1'1\: (206)74()-1()()7 Aj.wchmcnt,-,: Withdrawal ofAppell RECOVED EiVED Nlllltim' Oj iyii rti {=17( (tl(lillc ihlti C(7Vi1' P1y7 . 7 User & ("licniliMalla NL[mb(-r. 0487 ()9()7-N'00 Retum to/Loco ion: 33-57 1r'YC)Ir711lVT.. �}IJ!!s-rr�tvsl;r:(:n,�rrr�rc-:'.r•rrrr�r,.�N�n�r�'sro�ror'1-rrrsl;lx, 1'1.1:ftSr> ('(1N•1:9(-r 'r1r1: 1 fa t1 t�r.r;nr:•r'rul;N'1' A7' f'r1n) •>'�a�-�tr>r:rl Ih11: 1�1.+"rtyJ.41A71(.=N CONI"AIN11) Irk TNIti F>'l(:�;1.MJJ [:'[),tif�t9t.lr�+1( �1 rH;�NIti 1'h!ti`11,1:( 1::r?.1Nr:►!(.71� CONFI(.?LNTML !N1 ()RA1•4 1'1()N JNT1'NDTP ONLY I OI NP: 01.4� ()1' 1 A.0I r.l17117J7UAL OR r. N ITIT NAA41.1) AIlOVL.. 1F THE RFAI)I J< 01' 7'1114 COV'k, N01':IN IN1'F:Nf.71'!J li1:C 1131F.,\'1', 7 (-M ARI 1)1;Tr\r1y[ TION OR COPY1NC,'Or 7711S CO 'I",ION (),R TI11.: !NF'ORAI,-; H 1N C()1rt7'i11Nl:11.) 1N TIU t_(�rVt>t-1t.1N1('.17'1C)N !w til!(I('I'! 1' 1'1.(:)111IZJt'L'1:?. 11 y (,yl j I1.1 � 1: r(1:i:1:11'!."r:) rlrr�C:C;11Lfl41trfV1('�.�1'1'r('7N 1N 1:1:l:r:)1{, 1'LI��V tiL: lrtif�lllv'1)1�t 1'1"I..Y NO'l11 Y !1 1:1:1'I fY!N tl1 "AT77lF; Al.,OV1.':11 VIA THI: J'JblNK v{at1. rr.i.. 2un.4.47A,iO I r:;x: 20(,A47.A700 1UI rliik11AV F ,I I, III •„1r ',T.-ATTr F, WASMINC;TON •,.,w, %ice) WWLV F(:)51'0 ,GOK4 S1=.q'1-.I.I..F.w.�•;ii�:r<:rt!.� �I'C?KAtil:�v,��;3ts�t'.tn�; 1'(71�f�1.��tiUs�xi;�;iiti 04/18/2008 16:48 FAX 1� 002/002 FQSTER PEPPER,- April 18. 2008 Mr, I rccl J. Kuuffiian Nearing I';)Camincr C.'.Ity (If Rcn[oil 1055 South Grady Way Rclitoll. Washington 98055 RL�: WITIIDRAWAL OF NOT] C E O APPEAL Conditions Placed on Legal NonconfOmiln". Use A111)I?l..LAN'I': Rodney Harmn ,md I Iansen Surveying; Dear Mr, .KauCman: Dirt• I'hcate (206) d 17-•16"1 I)irirr i'ar'imih- (?061744) lw [vA(ait I'{:;ll NCI (.,,, I (-r.i 7141 We arc the utlorncys for Mr, Rodney I IMISCIi and Hansen Surveying. On April 15, 2006, Mr. Ilansen and I lansen SuI•veyin;. lilac mi cippeal of a City administrative determinratinn. On behall."(11'Mr. Hansen and I Ianscn Surveying, we hereby WITHDRAW that appeal. Please ca1)ccl ar),v UI)COVIi0e, cINIQs Ic)r this m Iticr. "1-Iaank VOU f0l' Yc)Ur clttt;nti0r1 to this. Vcry truly yours, H.)S'i'FR VFVPF.I�r LLC 70 ,1 Roger /V Pca1'cc Attnrncys For app0ltants Rodnc-y I-lanse;n ail(l I lcallset) cc: Mr. Rodney Hansen Larry Warren, I=sy. Neil Watts, City of Renton r,:.F !l1ti. I I .1 <€f)i1 ,:,tip f,l1s. 113 �1if}O r i t: TIllkn .tiuy.n: r rr. s. " S).—"A'].•.I'LL':. XV)%SI I I €VC. TON snit ; s: ,r IV\VW 1:( KI su=rAkyr,.tl S:.1i'71.1til'OIC,1�11;11,),tis:•;,:tt}^:1'l)1(Ii..'1f41),nin,. C111 'OF R = TO Hearing Examiner �'jO Denis Law, Mayor Fred J. Kaufman April 17, 2008 Roger A. Pearce Foster. Pepper 111 I Third Avenue, Ste. 3460 Seattle, WA 98101-3299 Re: Appeal of an Administrative Decision of City of Renton Department of Community and Economic Development Conditions Placed on Legal Nonconforming Use Dear Mr. Pearce: The appeal hearing in the above matter has been scheduled for Tuesday, May 20, 2008 at 9:00 a.m. The nearing 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, 1r_ Fred Kaufman Hearing Examiner City of Renton FK/nt cc: Larry Warren, City Attorney Neil Watts, Development Services Jennifer Henning, Development Services Stacy Tucker, Development Services Rodney Hansen, Appellant 1055 South Grady WayRenton, Washington 98057 - (425) 430-6515 MThis saner rnn a nc ni'O :Y vclP i maternal 3f1 % nnet r ne mPr RE NT ��N AHEAD OF THE C:L;RVt AFi 15 _O1311 ,�ECE EO 4'IT'! f'I FF2�('S rlF1'I(ir MP FOSTER PEPPER,,,,: Direct Phone (206) 447-4676 April 15, 2008 VIA MESSENGER Mr. Fred J. Kaufman Hearing Examiner City of Renton 1055 South Grady Way Renton, Washington 98055 CIO City Clerk of the City of Renton 1055 South Grady Way 7t' Floor Direct Facsimile (206) 749-I997 E-Mail PearRefoster.com Renton, Washington 98055 Re: NOTICE OF APPEAL OF AN ADMINISTRATIVE DECISION OF CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Conditions Placed on Legal Nonconforming Use APPELLANT: Rodney Hansen and Hansen Surveying Dear Mr, Kaufman: Mr. Rodney Hansen and Hansen Surveying hereby appeal the attached administrative determination of the City of Renton (the "Decision"). While the decision letter is dated April 1, 20018, it was not postmarked until April 5, 2008, and was not received by Mr. Hansen until April 7, 2008. The Decision was made by the Code Compliance Inspector of the Development Services Division of the City. Jurisdiction. The Examiner has jurisdiction pursuant to Renton Municipal Code § 4-9-110E(I)(a). Background Facts: Mr. Hansen is the owner of the property at 17420 116 Avenue SE (the "Property"). The Property was recently annexed from King County into the City of Renton. Since 2004 Mr. Hansen has operated his surveying business Hansen Surveying on that Property and, when the surveying business was established on the Property, that business was a legally permitted use of the Property pursuant to King County regulations. i ORIGINA i. 206.447.4400 iAx 206-447.9700 �.� z:� t� �'I"1'L WASHINGTON ys�oi-sz�y WWW.F{r STE{}�71.t U1t S 50904146.1 SI AFFLE'AASI]INCIO. t'(�i. ,:�, ���,asHr�cron PUh`I'LANL7oiieco 1 Mr. Fred J. Kaufman April 15, 2008 Page 2 When operating in King County, Mr. Hansen had a business license issued by the State of Washington. Upon annexation, Mr. Hansen was required to obtain a business license from the City of Renton. The issuance of business licenses is a purely regulatory function for revenue purposes, and is not a part of the City's zoning police power. Upon application for a business license, Mr. Hansen was told that numerous zoning conditions would be placed on the operation of his business and the sale of his Property, including without limitation the following: the business would have to be abandoned if Mr. Hansen ever sold the Property, the business could not expand its number of employees, the business could not expand the number of vehicles. As a result, Mr. Hansen lost a pending sale of his business and Property and has been damaged financially. The City's Decision is embodied in the letter from the Code Compliance Officer Development Services Division that is attached to this Notice Of Appeal. Standing. Mr. Hansen and Hansen Surveying have standing to bring this appeal because a) Mr. Hansen has been injured in fact by the City's Decision which prevents the operation of his business on the Property by any buyer of his business or Property and unlawfully regulates his legally nonconforming use of the Property, b) as owner of the Property, Mr. Hansen is among those persons whose interests the City is required to consider and take into account when regulating that Property, and c) a decision overturning the illegal conditions and the conditions outside the City's jurisdiction will substantially eliminate the prejudice suffered by Mr. Hansen. Timeliness_ Appeals of administrative decisions must be filed within 14 days. The City seems to have drafted the Decision on April 1, 2008, but did not mail it until four days later on April 5, 2008. Mr. Hansen is well within the jurisdictional appeal period. Appeal Fee. A check from Mr. Hansen's attorneys for the $75.00 appeal filing fee is attached. Thank you for your consideration of this request. Grounds for Appeal. Among other reasons, the City's Decision is unlawful, in violation of constitutional provisions, in excess of the City's authority, made upon unlawful procedure, and clear error because of the following reasons: 1. The Decision violates the City's own regulations governing nonconforming uses in Renton Municipal Code §4-10-060, which allow the continuation of nonconforming uses so long as the use is not abandoned, relocated or enlarged. Neither the Renton Municipal Code nor controlling state law require the property owner or business owner to of the nonconforming use to remain constant. 309042,46. V Mr. Fred J. Kaufman April 15, 2008 Page 3 2, The Decision applies its zoning regulations based on the ownership of Property which is illegal and arbitrary under Washington law. 3. The Decision violates controlling cases law which allows nonconforming uses to be intensified but not expanded unless allowed by local ordinance. 4. The Decision is linked to a business license application, which is a City revenue power and not a police power/zoning function. As such, it is outside the City's jurisdiction to attach zoning conditions to a business license application. 5. The Decision by the Code Compliance Officer did not follow City regulations for zoning enforcement as required by Renton Municipal Code §§4-1-100 and 4-1-110. For all the above facts and reasons, and the record and arguments to be made at the hearing on the merits, Mr. Hansen and Hansen Surveying request the Examiner to overturn the City's Decision. Very truly yours, FOSTER PEPPER PLLC Roger A. Pearce Attorneys for appellants Rodney Hansen and Hansen Surveying cc: Mr. Alex Pietsch, City of Renton Mr. Rodney Hansen j09U4?46_I <yr CITY .,F RENTON Department of Community and Economic Development Alex Pietseh, Administrator April 1, 2008 Rodney Hansen Hansen Surveying 17701 108`h Ave SE Renton, WA. 98055 5uDimt: City ofRuntuii $usiliess t.i4tirisc Dear Mr. Hansen Thank you for applying for your City of Renton business license. Understandably, you have concerns regarding operation o l� your business from the property located at 17420 t 16"' Ave SE because of the recent annexation. As you may know the property is located in a residential zone classified as R-8. Current zoning regulations in the City of Renton prevents this type of business from operating in the residential zone. Now the good news is the City of Rentun will allow you to continue operation of you business at 17420 116"' Ave SE_ as a nonconforming commercial business. Nonconforming use is defined as: A lawful use of land that does not comply with the current use regulations (primary, secondary, conditional, etc.) for its zone, but which complied with applicable regulations at the time the use was established." The analysis used to determine the business is nonconforming in the City of Menton but legally operated in King County is; Washington State Department of Revenue granted your company, Hansen Surveying, a license to operate in the State of Washington in February 1984, and the business has been in continuous operation since that time. The property of 17420 1 16`�' Ave SE. was purchased in May 20(A and the business operated from that location since that time. The business is nonconforming because the commercial business is operating from a residence. Businesses operating from a residcricc must be of the home occupation type not commercial. Home occupation business may not have more than one nonresident employee and my not have commercial vehicles. 1055 South Grady Way - Renton. Washington 98057 I tx, p;np rwoIr *)i 50'/� recycled 30`igr ,l r:,w9u *, RENTON.. A 11 I'.a lr I/1- 'I'll r. r.1 Kv1,. Since your business, Hansen Surveying, operated legally in the State of Washington and King County prior to annexation by the City of Renton you may continue operation as a legal nonconforming business. Conditions will be placed on the business as follows. A. Approval is for the business and the current owner. In the event the business is closed or sold the approval is terminated. B. If the property is sold or changes ownership the new owner may not operate a business From this location that does not comply with a City of Renton Home 0"updtloll buSirtesS iici rose rcquir%.M' t5. C. The business may not expand the number of employees or commercial vehicles. D. The business may not expand the structure for the purpose of expanding the business. L The business may not expand the parking or signage for the purpose of expanding the business. If you have any further questions you may contact me directly at 43!5-430-7386. Sincerely �Ct.L Paul Baker Code Compliance Inspector Development Services Division y CITY OF RENTON City Clerk Division + 1055 South Grady Way Renton, WA 98057 415430m6.510 E] Cash C 0 Copy Fee N/Pheck No. r/b El Appeal Fee Description: V � Py- '--Ccl r\ , k V, � -A 'A) Funds Received From: Name A Address City/Zip El Notary Service El Amount j City Service Request: SR08-0579 Inspector. Pain Baker SR Opened: 04/03/2008 Next Contact With Requestor: Address 1 Location of Inquiry: 17420 116TH AVE SE REN Description: B/L (not Assigned) Hansen Surveying Name: HANSEN RODNEY G+DEBRA S Name: Name: RODNEY HANSEN Compny: Address: 17420 116TH ,QVE SE Address: Compny: RENTON WA Address: Phonel: Phones: Phonel : 425-235-8440 Email: Email: Email: account Addits Find twx 3 r sale- .: ducatior- fcrrn 7r r.Ltiiirat=.G," end a iwy or ruic NOTE, I`the word "non-rs en.c.' appears in '..he spaca aRer"fax Registration Number, the account is not registered wih the Department of Ppwenue. Although the business may not be required to register w6 the Department of Re'refr�;e. i? is regiatarad with one or more other agencies in the slate. Watshhigtoti State Depa iiment of Revenue L. State Bushiess Rem* Database Deta H TAX REGISTRATION Ni KR : 600SI76U "at: 6009176U LEGAL ENTITY : HA45EN RCiDNEY G DOO+tf, BUSINESS AS: HANSEN S1RYEYIM MAILING ADDRESS: BLNUNESS LOCATION: 1 T701 168TH AVE SE * 200 17701 108TH AVE St * 208 RWrOK WA 980&""a RENTON WA WOSS4448 OWNER TYPE: SOLE PROPRIETOR ACCOUNT : 02101f1984 ACC"T CLOSED: OPEN NAICS CODE: 541378 03%31 %2008 z:59 PM FOR NON-COMMERCIAL USE ONLY ,As oia13V2005, the Slandaic �,Dd {SqQ has been replaced'Frlih the North Arnerican industry Ctassititat€,!n Ss'em "Xldi� iAAiCS}_ For more mformatmn, rlic)F elo - EsParivl 4'rster ra�;�cSretiui: xwxtar King County Assessors Record Search r Page 1 of 1 Multiple sales records were found for this account. Select the record you would like to view from the table below. Sale Date Seller Name Buyer Name 01/08/1992 MOSER-HOGAN WYONA M MOSER WYONA M 05/17/2004 MOSER WYONA M HANSEN RODNEY G+DEBRA S http://rentonnet. org/intemetapps/KCA/index.cfm?fuseaction=showsales&R=1 03/31 /2008 --- Renton City Limits Parcels ® Renton Aerial SCALE 1 : 466 Renton 20 0 20 40 60 FEET http://rentonnet_org/MapGuidelmaps/Parcel.mwf Monday, March 31, 2008 3:17 PM CnW.)APPLICATION FO BVSlNESS LICENSE Con'pvIERCIAL Business CANNOT operate until the application has been approved deas 0 Y) GENERAL BUSINESS LICENSE Required: Every business enterprise, including those with a temporary or portable sales location, shall fast obtain from the Finance Director a general business license for the current calendar year or unexpired portion thereof. A Business License is required for each physical location where jobs occur. The license shall be nontransferable. Refemme Renton Munkloal Coale Title 5 Chanter 5. Business Name & Location ` "mane,. Kadney CJ I-I!:N Lo 116 T2� AYF_ Se - Telephone -1-5 - Z - C7 Mailing Address V4 AU;PgeVC; SV�L-V&'elh]fr- -1D io Llb A�J F. SL Emergency Names & Telephone TArI�. . r -IMSME Business License Fees: Current Annual Reporting Period 1. Total hours worked for reporting period: 2. Divide by: 3. FTE: Line I divided by Line 2 4. FEE Calculation (Line 3 x $55,00) 5. Minimum Fee: 6. Business License Fee: Greater of Line 4 or Line 5: City of Renton Application # WA State UBI # f --S- - Owner Name and Address Telephone Date Business to open in City of Renton Describe Type of Business: Contractors, plumbers, electricians, etc. please complete Contractor's License Address where work to be performed Date work starts Describe Type of Business 6 _ 1920 7- $55.00 417- Sp I hereby certify that the statements and information famished by me on this application are true and complete, to the best of my knowledge. I acknowledge that the statements and information fished by me on this application are public records and are available for public inspection pursuant to State of Washington RC W 42-17-260. SIGNATURE: Print Name: Title: Phone: Return Completed Application with City of Renton License Division payment to: 1055 South Grady Way 'F371,3 Renton, WA 98057 Phone: 425-430-6851 �Fax- 425-44330-6855 �r t Q FOR OFFICE USE ONLY. How Paid Z QC! Planning DqA Bldg Fire Amowt Date dB Dept Date Rafe Date DCFISM-03 6/07 Busmss LICENSE QUESTIQNNAME City of Renton, Washington STRUCTURE INFORMATION 1. Square footage of the business? I z2DO EP Date Business Opened C� a. Briefly describe type of business. 2. Is the premise protected by a fire alarm? Yes X� No (If yes) Name of Fire Alarm Company 9 V t c n T%o 0 P3 Name of Central Monitoring Companytk, CSjg7 b,ki e 3. Is the premise protected by a sprinkler system? Yes No;� YES I NO ❑ k 1. I& THIS A BUSINESS LICENSE RENEWAL ❑ ❑ 2. IF YES TO THE ABOVE QUESTION, HAS THIS BUSINESS CHANGED SINCE THE ORIGINAL LICENSE APPROVAL? 3. WILL THE APPEARANCE OF VOUR BUSINESS BE CHANGED BY ANY OF THE, FOLLOWMG: ❑ a) exterior display © b) exterior building alteration ❑ -Gg::' c) added parking ❑ d) exterior storage ❑ .. e) interior remodel or alteration 4. WILL YOUR BUSINESS: ❑ a) have window displays ❑ b) have signs other than are permitted in compliance with the provisions of the "Renton Sign Cade", also known as Title IV, Chapter 4, Section 100. ❑ A c) use flammable and/or combustible liquids or other hazardous materials If yes, provide the following information. (attach aMt1b-1 pager jf m— space w--ded): Chemical Name Amount., Purpose of its use: IF YOU HAVE ANSWERED YES TO ANY OF THE QUESTIONS, PLEASE EXPLAIN IN DETAIL BELOW (USE ADDITIONAL SHEETS IF NEEDED): 5. OCCUPANT LOAD OF BusEa S PREMISES: Over 49 persons requires that a OCCUPANT LOAD sign be posted. Please indicate number of persons on the business premises:. ►4 — - 10 BUSINESS RFA?UHU 4lENTs: Non: Restaurant and Food Handlers are required to submit a copy of their Health Department Certificate with their City of Renton - Business License Application. (WAC 246-217) NOTE: Portable fire extinguishers must be provided, 2A-IOBC minimum size. Exact number and placement details can be obtained from Fire Prevention. Annual service required. NOTE: Annual inspections will be conducted by the City's Fire Department, per adopted City Ordinances, NOTE: Prior to oonmmencing your business, you may be required to meet with Fire and/or the Building Department and the Water Utility to determine whether your business will meet all applicable tatty codes for the type of business proposed Non: Permits may be required from Fire and/or the Building Dgmft eut and the Water Utility for your proposed use, operation or remodeling. DOFISbt-03 &W