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HomeMy WebLinkAboutZoning Code Amend - Addressing Continued Use of Non-conforming Uses & Structures (2/19/1996) April 1, 1996 Renton City Council Minutes Page 124 Citizen Comment Hlavka Correspondence was read from Rick Hlavka, 402 S. Tobin St., Renton, 98055, - Puget Sound Helicopters regarding the operations of Puget Sound Helicopters and asking that Council terminate the operating agreement for this business. Citizen Comment: Correspondence was read from Lisa Halstead, 420 S. 115th St., Renton, 98057, Halstead - Puget Sound communicating her continued opposition to the flight operations of Puget Helicopters Sound Helicopters and suggesting that Council terminate this operating agreement. Citizen Comment: Correspondence was read from Marsha Lammers, 1220 N. 4th St., Renton, Lammers - Use of Metro 98055, representing the Renton School District Transportation Division, to Bus Students expressing interest in transporting high school students via Metro buses. OLD BUSINESS Council President Nelson presented a report recommending that staff present Committee of the Whole the holiday lights proposal to the Park Board, requesting written comments Parks: Clam Lights Master and recommendations on the proposal to charge admission fees. The Plan Committee further recommended that Staff investigate community and corporate interest and financial support for this event, with a report back to Council. MOVED BY NELSON, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning & Development Committee Chair Keolker-Wheeler presented a Committee report recommending Council approval of the nine conditional approval Development Services: permit applications it heard at the public hearing on February 19, 1996. The Conditional Approval Committee so recommended noting that the enabling ordinance (#4584) for Permit Requests (9) the conditional approval permit process, adopted by Council on February 12, 1996, is now in effect and the resolution of this unfinished business is now timely. Approval of these nine initial conditional approval permit applications will be pursuant to the recommended conditions of approval that were presented to Council on February 19, 1996 for each of the applications. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Development Services: Planning & Development Committee Chair Keolker-Wheeler presented a National Electrical Code report regarding amendments to the National Electrical Code. The Committee and Other Uniform Code recommended concurrence in the following staff recommendations: Amendments 1. That Council adopt the ordinance to update the National Electrical Code with state-wide amendments to the 1996 edition. 2. That Council adopt the two minor revisions to the National Electrical Code. 3. That Council adopt amendments to the Building, Plumbing, Mechanical and Electrical Codes to require a $20.00 service fee to duplicate permits, provided notice of this charge is given the applicant on all permits issued. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 128 for ordinance.) Transportation (Aviation) Transportation (Aviation) Committee Chair Schlitzer presented a report Committee recommending that Council adopt the resolution supporting the full King Metro: Six-Year Transit County Six-Year Transit Plan/Renton Early Implementation Project. The Plan/Renton Early Committee strongly supports transit service and recognizes the importance of Implementation Project this project to both the City and the region. Further, the Committee supports a refinement to the proposed transit routing to the downtown interim hub that would address citizen concerns yet provide regional transit service connections and alternatives to the single occupant vehicle, consistent with the City's APPROVED BY CITY COUNCIL Date (' PLANNING&DEVELOPMENT COMMITTEE COMMITTEE REPORT April 1, 1996 Initial Conditional Approval Permit(CAP)Application Approvals (Referred February 7, 1994) The Committee recommends Council approval of the nine (9) Conditional Approval Permit applications it heard at the public hearing on February 19, 1996. The Committee does so noting that the enabling ordinance (#4584)for the CAP process, adopted by Council on February 12, 1996, is now in effect and the resolution of this unfinished business is now timely. Approval of these nine initial (9) CAP applications would be pursuant to the recommended conditions of approval that were presented to Council on February 19, 1996 for each of the nine applications. /r Oaekij Kathy K .lker-Wheeler, Chair y Corman, Vice Chair Timothy J. Sch , Member cc: Mike Kattermann Jim Hanson Don Erickson capcmrpt.doc S �••�= c a., , 'ti 0,-11: m ,• , rHe o cn.G a ` r CD 51) C/ y Y rh: 0 teO a� 6aQ _ c�O 0 sp m m o c mpm C cn 5. a a'' co a) Alpw m p `< CCDo D ° in- m—. Me� ic9 `r a�' a ® �• ydo o c deE' N - c oa � O � c CD, o Fc. ar ° nDo � `� ig co . ,� ° 3 � c�ip� � N � � = x m —{ (D (D 7" 0 0 aa � W 7 ' -" (D ao' Qa� (a '� O ( a 7 Al CI 0 11 cn A� x (p cn co < ='0 (D (p D (D CD 3 c ; r- a a� (n � ocn � � �' 3 -0 C �. (D _ O 00 fy O a N (gyp . 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CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Executive Assistant to the ATTENDANCE Mayor; DAN KELLOGG, Assistant City Attorney; MARILYN PETERSEN, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; MICHAEL KATTERMANN, Planning & Technical Services Director; DON ERICKSON, Principal Planner; ABDOUL GAFOUR, Civil Engineer; COMMANDER ROB SOFIE, Police Department. APPROVAL OF MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL APPROVE COUNCIL MINUTES THE MINUTES OF FEBRUARY 12, 1996, AS PRESENTED. CARRIED. PROCLAMATION A proclamation by Mayor Tanner was read declaring an emergency resulting Emergency Flooding- from major flooding of area rivers and creeks beginning on February 8, 1996; Related Conditions and directing and authorizing City departments to enter into contracts and incur obligations necessary to combat such emergency to protect the health and safety of persons and property, and to provide emergency assistance. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted and published Planning: Conditional Use in accordance with local and State laws, Mayor Tanner opened the public Permit Requests(Non- hearing to consider nine requests for Conditional Use Permit approval to re- Conforming Usesl establish use and/or structure in the event of a catastrophic event where damages exceed 5096 of the appraised valuation of the use/structure (reference: Non-Conforming Use ordinance). Mike Kattermann, Planning & Technical Services Director, explained that these requests are being processed according to the recently-adopted Non- Conforming Use ordinance. Because this ordinance is not yet effective, however, this matter will remain in Planning & Development Committee and be reported out at a later date. Therefore, no Council action is being requested this evening. Don Erickson, Principal Planner, said the nine requests to be discussed tonight affect existing non-conforming uses and/or structures whose owners seek authorization to re-establish the use/structure in the case of an accidental catastrophic loss or damage. All nine uses/structures were made non- conforming as a result of Renton's interim city-wide zoning plan adopted in 1993. Because they were previously conforming, but made non-conforming through Council action, they qualify as existing legal non-conforming uses and/or structures. Mr. Erickson described each of the nine applications, as follows: February 19, 1996 Renton City Council Minutes "' Page 54 1. Triplex located at 405 Williams Ave. N., owned by Darvin Thuringer. Previous zoning was R-4 (Residential/4 Dwelling Units per Acre); current zoning is R-10 (Residential/10 Dwelling Units per Acre). Although this is a permitted use, the particular structure exceeds lot size and permitted density. Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 2. Optometry office located at 112 Pelly Ave. N., owned by Neal S. Jensen. Previous zoning was R-3 (Residential/3 Dwelling Units per Acre); current zoning is SF (Single Family). Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 3. Medical/dental building located at 113 Pelly Ave. W., owned by Jim Tomer. Previous zoning was P-1 (Public Use); current zoning is R- 10. Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 4. Commercial/dental offices located at 626 Shattuck Ave. S., owner Michael T. Donnelly. Previous zoning was B-1 (Business District); current zoning is RM-U (Residential Multi-Family Urban). Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed 15 years. 5. Warehouse (with offices above one building) located at 423 S. 7th St., owner Gary Castagno. Previous zoning was L-1 (Light Industrial); current zoning is CA (Commercial Arterial). Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 6. Four-unit apartment building located at 518 Williams Ave. N., owned by Ernest J. Tonda. Previous zoning was R-4; current zoning is SF. Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 7. Four-unit apartment building located at 530 Williams Ave. N., owned by Philip and Grace Chan. Previous zoning was R-4; current zoning is SF. Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 8. Sixteen-unit apartment building located at 435 Williams Ave. N., owned by Philip and Grace Chan. Previous zoning was R-4; current zoning is SF. Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. 9. Medical clinic located at 920 N. 1st St., owned by Dr. Ze've Young. Previous zoning was P-1; current zoning is R-10. Staff recommends a conditional use permit be granted, with conditions, for a period not to exceed ten years. Mr. Erickson noted that in the event of a catastrophic loss, these properties would be required to redevelop within two years. Should they fail to redevelop within the allowed timeframe, the conditional approval permit would be revoked. Responding to Councilman Parker, Mr. Erickson said the City will notify the property owners when the time period for the conditional use permit is about to expire. At this time, the owners could seek an extension of the permit. Mr. Parker asked if applicants must pay a fee to file for a conditional use permit, or to re-file when one expires. Mr. Erickson said no fee has yet been established although staff is considering this issue. In response to Councilman Corman, Mr. Erickson said a person considering purchasing one of these properties could research its conditional use permit, sloe' February 19, 1996 Renton City Council Minutes Page 55 including how much time remained on it, via covenants that the property owner will be required to record with King County. Audience comment was invited. Grace Chan, 7940-B Seward Park Ave. S., Seattle, 98118, stated that she purchased two multi-family properties in Renton as an investment, which she was interested in protecting. She emphasized her wish to re-establish these buildings in the event of a catastrophe. There being no further public comment, it was MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. AUDIENCE COMMENT Former Councilman Dick Stredicke, 1014 Tacoma Ave. NE, Renton, 98056, Citizen Comment commented on Council discussion last week regarding handicapped parking Stredicke - Handicapped regulations and enforcement. Saying the fine for illegally parking in a Parking handicapped space used to be $57, he noted it is now $175. He distributed examples of violation notices that could be placed on the vehicles of those who appear to be parking illegally in handicapped stalls, and asked that this subject be referred to Council's Public Safety Committee. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL REFER THE SUBJECT OF HANDICAPPED PARKING REGULATIONS AND ENFORCEMENT TO THE PUBLIC SAFETY COMMITTEE. CARRIED. Mayor Tanner noted that the Administration is currently drafting an ordinance on this issue to be submitted to the Public Safety Committee for review and recommendation. Citizen Comment Richter Marjorie Richter, 300 Meadow Ave. N., Renton, 98055, described violations - Handicapped Parking she has personally observed of parking spaces reserved for the handicapped, Abuses particularly at the Medical Arts Building by Valley Hospital. She thanked Council and the Administration for looking into this issue. CONSENT AGENDA Items on the consent agenda are accepted by one motion which follows the listing. Finance: Personnel Human Resources & Risk Management Department recommended that the Changes (Accounting part-time Accounting Assistant position in the Finance & Information Services Assistant, Secretary II) Department be made full-time to provide additional accounting duties for the golf course; and also recommended that the Open Space Coordinator position in the Community Services Department be reclassified and transferred to the Finance & Information Services Department for this purpose and to establish a full-time Secretary II position to provide needed secretarial support. Refer to Finance Committee. Parks: Community Center Human Resources & Risk Management Department recommended approval of Position Reclasses two reclassifications in the Community Services Department, as follows: Recreation Program Coordinator (grade 18) to Community Center & Recreation Coordinator (grade 20), and Recreation Specialist (grade 14) to Recreation Coordinator (grade 18). Refer to Finance Committee. Legal: Adult Legal Department submitted draft Adult Entertainment Ordinance developed Entertainment Ordinance in cooperation with King County and a number of suburban cities to coordinate adult entertainment regulations in the area. Refer to Committee of the Whole. NOW' Nome CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: February 15, 1996 TO: Toni Nelson, President Members of the Renton City Council VIA: At-) Jesse Tanner, Mayor FROM: Gregg Zimmerman,Administrator'% STAFF CONTACT: Mike Kattermann(Ext. 6190) Don Erickson(Ext. 6181) SUBJECT: Public Hearing on Nine Conditional Approval Permit Requests Attached are the exhibits for the public hearing on the above referenced projects on Monday, February 19, 1996. These nine applications were part of an initial submission of nineteen(19) requests from property owners or their agents requesting consideration as Class "A"Nonconforming Uses/Structures. Of this initial batch of nineteen applications,nine (9)were found to qualify as existing legal nonconformining uses/structures resulting from the City's comprehensive citywide interim zoning that was adopted in June 7, 1993 (Ord. No. 4404). Many of the other applications turned out to be for uses already permitted in some fashion by the new zones, or, uses that had been addressed using other means. These nine applications and their staff reports were then reviewed by the Planning and Development Committee as case studies in order to determine whether the City's proposed new nonconforming use ordinance actually worked as originally anticipated. 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O C) i Z C .0 �-+ U C C :� > O 0?3 a) c' W l2 y > E U `_ �e, �y 2'::�/ N O O N — ., O 2 C E U L. �i! 4:�i:',j t.':i`:i' N O N c0 O 'd' a) a) O A Z::::-V(.)::a::::::: O a) a N U cn co cc O H N o co W t� N Co (5) H • PLANNING & DEVELOPMENT COMMITTEE CITY OF RENTON CONDITIONAL APPROVAL PERMIT APPLICATION REPORT AND RECOMMENDATION APPLICANT: CITY OF RENTON City Sponsored Conditional Approval of 405 Williams Avenue N. Triplex OWNERS: Mr. David Thuringer 405 Williams Avenue N.; Renton, WA 98055 LOCATION: 405 Williams Avenue North SUMMARY OF REQUEST: City sponsored conditional approval of a 0.11 acre site developed with a 2-story rectangular shaped 3 unit triplex complex consisting of two architecturally distinct but physically abutting buildings in order to legitimize both the non-conforming use and the non- conforming structure against their premature termination in the event of a catastrophic loss exceeding 50% of the value of the structure. SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve with Conditions RELEVANT REVIEW CRITERIA: Non-conforming Uses: In order to qualify for this permit at least three of the criteria listed in Section 4-31-19.1.5. must be complied with. The three most relevant criteria in this case are: • Community Need; • Effect on Adjacent Property; and • Timeliness with Existing Plans and Programs. Non-conforming Structures: In order to qualify for this permit at least three of the criteria listed in Section 4-31-19.1.5. must be complied with. The three most relevant criteria in this case are: • Potential of the Site for Redevelopment; • Condition of Building/Structure; and • Departure from the Zoning Code. FINDINGS, CONCLUSIONS, & RECOMMENDATIONS Having reviewed the relevant criteria in this matter, Staff make and enter the following: October 9, 1995 Conditio• Approval Permit, 405 Williams Avenue -th, continued Page 2 • FINDINGS: 1. The City is processing approximately ten conditional approval permit applications for projects that initially petitioned for Class 'A' - Non-conforming Use status before this was renamed and changed to the Conditional Approval Permit process. 2. Because there is no proposed change of use or modification of structures proposed as a consequence of these applications it was determined that these applications were SEPA exempt since these actions were seen as being administrative in nature. 3. Proposed enabling legislation for these applications has been reviewed by all departments with an interest in this issue and recommended for approval. 4. The site is located at 405 Williams Avenue North in a predominantly single-family area in North Renton that does include a scattering of multi-family residential dwellings in the neighborhood. In fact ,a duplex abuts the subject site on its south. 5. The existing structure consists of a larger two-story wood-frame structure on the rear half of the site that is connected to what appears to have been 'an original house that probably was razed, at some point in the past, to create a half-lit basement. The structure nearest the street appears to have had a newer two-story, two-unit building added to it, with the latter structure probably having been build in the late 1970s or early 1980s. It is approximately 25 feet by 35 feet in plan, with a sloped hip type roof. Both buildings have clapboard style siding, but are painted slightly different colors. The front structure conveys a single-family character whereas the rear structure appears to be more multi-family in character. 6. Five to seven foot side yards exist on both the north and south sides of these buildings. A shallower than normal rear yard (less than the 25-foot standard rear yard specified in the R-8, Single-family Zone), appears to have been provided. The front yard set back appears to be consistent with that of other structures nearby and to comply with the specified minimum of 15 feet in R-8 Zone. 7. The subject site is approximately 4,725 square feet in area, comprising what previously was a single, single-family lot. 8. Because of the apparent retention of the original house (possibly razed) and its more traditional single-family type landscaping with a front yard lawn and planting strip, the subject use does tie in more, thematically, with a single-family type streetscape. 9. One-story single-family residential structures abut the existing one and a half-story building on the north. One-story and two-story older single-family homes predominate along Williams Avenue North, to the north. These older homes also have greater setbacks from the street than currently required by the zoning code and generally impart a strong residential character to the area. 10. The City rezoned the subject site from R-4 Multi-family Zone to the Mixed Residential Zone (now R-10) in June, 1993. As a consequence, the existing use and structure are considered to be legal non-conforming uses. Although triplexes are permitted in this zone, the existing use exceeds the allowable density of 1 DU per each 3,000 sq. ft. or 10 DU per acre. 1 1 . The property owner has requested a conditional approval permit that would permit the existing multi-family use and the existing structure to be re-established in the event that a catastrophic accident destroys or severely damages the existing building. 12. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of residential single-family uses since the site has a Residential Single Family land use designation. October 9, 1995 Conditic 3roval Permit, 405 Williams Avenue `i, continued Page 3 13. Reflecting actual uses in the area, the zoning generally is R-8 to the north, and east, and R-10 to south of the site. Also, across the alley to the west and north to North 6th Street, the zoning is R-10. Except for the ends of the blocks at N. 6th Street and N. 4th Street, Williams Avenue North between these two streets is zoned R-8 on its two sides. The ends at its intersection with North 4th Street and North 6th Street are currently zoned R-10. The R-10 Zone allows medium density residential development in a mix that includes both single-family detached and attached dwellings, duplexes, triplexes and fourplexes, and townhomes at a density of up to 10 dwelling units per acre. 14. Given the average density of the current site at nearly 28 DU/AC, it does not comply with the R-10 Zones. This current density reflects the zoning under which these units were developed, the R-4 Zone, with a maximum gross density of approximately 35 DU/AC. CONCLUSIONS: Non-conforming Use: The proponent must demonstrate that the request to continue the existing non-conforming use, in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with at least three relevant criteria identified above and taken from Section 4-31-19.1.5: a. Community Need: There is a community need for the proposed use at its present location. It appears that the existing triplex does serve a community need by providing affordable housing to residents, some of whom it can be assumed work in the community. With housing affordability becoming a larger issue, particularly when compared with the cost of new, market rate dwelling units, it would appear to be in the community's interest to retain such housing stock as long as there is a strong market for it and the existing non- conforming use/structure is well maintained and there do not appear to be other viable alternatives to it under the existing zoning. As long as the existing structure remains economically viable it is unlikely to be voluntarily replaced by much less intense single-family structures. b. Effect on Adjacent Property: The existing non-conforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare, vibration, etc. There is no indication that the existing use has created undue adverse impacts on the adjacent properties. This may in fact partly be because the structure appears to be relatively well maintained as well as the fact that the majority of the surrounding houses are set back a number of feet from the street property line. Aesthetically, the two-unit component behind the more single-family like house in the front does not tie in very well with either this unit or other structures on the block because of its flatter roof, reduced landscaping, and different colors. However, because it is setback from the street and is located behind the first unit, its aesthetic impacts on the surrounding area are less than if it fronted on the street. c. Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing non-conforming use would not impede or delay the implementation of the City's Comprehensive Plan. Because of the size of the current lot, some 4,725 square feet in area, it does not appear that retention of this existing legal non-conforming use would impede implementation of the City's Comprehensive Plan for this area which calls for Residential Single-Family. This is because single-family detached housing already abuts the site to the north and east. And to the south and west large areas have already been zoned to the R-10 Zone. At the most, if this site was redeveloped for single-family uses, it could only accommodate a single, single- family dwelling unit. Also, it does not appear that a robust market for new single-family homes exists at this time in the area. In the future, however, this could change. r r October 9, 1995 Conditio Approval Permit, 405 Williams Avenuets-th, continued Page 4 Non-conforming Structure: The proponent must demonstrate that the request to re-establish the existing non- conforming structure, in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with the three relevant criteria identified above and taken from Section 4-31-19.1.6: a. Potential of the Site for Redevelopment: Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or, because the characteristics of adjacent permitted uses preclude their expansion. Because of the scale and density of development on the existing lot, it is unlikely to be a preferred site, at least initially, for redevelopment with lower density single-family uses. This is because the existing site is only large enough to accommodate a single, single-family dwelling under the current R-8 zoning. Since redevelopment to a much lower density is unlikely, except possibly in the case of a total loss, and even then, likely would not occur immediately, it appears that the intent of this criterion, at least for the short term, has been met. b. Condition of Building/Structure: If non-conforming as to the provisions of the City's Building Code, the building or structure has generally been well maintained and is not considered to be a threat to the public health or safety. From all exterior appearances, the existing structure is well maintained and is not considered to be a threat to the public health or safety of those living in the surrounding area. c. Departure from the Zoning Code: If non-conforming with the provisions of the City's Development Regulations, the building or structure does not pose a threat to the public health, welfare, or safety, or, it could be modified so as not to pose such a threat. Again, there is no indication that the existing structure poses a threat to the public health, welfare, or safety of the surrounding community for many of the reasons set out above. RECOMMENDATION: 1 . Based upon the above, the requested conditional approval permit to allow the existing use to be re-established in the case of an accidental catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period with losses exceeding 50% of the assessed value of the structure, and the site is not redeveloped within two years of such a loss, the conditional approval permit for the non-conforming use shall be revoked. 2. Based upon the above discussion, the requested conditional approval permit to allow the existing non-conforming structure to be re-established in the case of an accidental catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period with losses exceeding 50% of the assessed value of the structure, and the site is not redeveloped within two years of such a loss, the conditional approval permit for the non-conforming structure shall be revoked. b. An application for site plan review shall be made if a catastrophic loss or an accumulative loss greater than fifty percent (50%) of the assessed value of the structure occurs within this ten (10) year period. The replacement structure shall be October 9, 1995 Conditic ,proval Permit, 405 Williams Avenue 4h, continued Page 5 reviewed to ensure that it is architecturally in character in terms of its roof treatment, setbacks, etc. with the surrounding area at that time and, that it complies with all relevant building codes and the existing zoning codes then in place, to the extent possible; and c. The extent of the existing non-conforming building that may be replaced with additional non-conforming structure shall not exceed the amount of the structure accidentally damaged. In no case shall any portion of a structure that has been found to have been intentionally damaged by the owner be allowed to be re- established unless done so consistent with all codes and regulations then in existence. NOTES TO PROPERTY OWNER: a. Prior to any subsequent consideration of another conditional approval permit for this site, the surrounding area shall be reassessed by the City based on the review criteria and conditions in existence at that time. b. The applicant shall prepare restrictive covenants satisfactory to the City Attorney that reflect these conditions and run with the site. These restrictive covenants shall be filed by the applicant, or their representative, with King County and verification of this filing shall be submitted to Development Services prior to this permit being issued. 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I?, 26 jili ,J I.,i 10,,_ , i -- 1.1 �1 )a �It` l. •JT ,1 /OS 405 Williams Avenue North, Triplex 4 PLANNING & DEVELOPMENT COMMITTEE CITY OF RENTON e CONDITIONAL APPROVAL PERMIT APPLICATION REPORT AND RECOMMENDATION APPLICANT: CITY OF RENTON City Sponsored Conditional Approval of Renton Optometry Clinic Site (Application No. 9) LOCATION: 112 Pelly Avenue North SUMMARY OF REQUEST: City sponsored conditional approval of a 0.123 acre site developed with a one-story rectangular shaped building occupied by an optometry clinic, in order to legitimize this non-conforming use against its premature termination in the event of a catastrophic loss to the structure. SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve with Conditions. RELEVANT REVIEW CRITERIA: Non-conforming Uses: Pursuant to Section 4-31-19.1.5., the following three use criteria are relevant to this application: • Community Need; • Effect on Adjacent Property; and, • Timeliness with Existing Plans and Programs. FINDINGS, CONCLUSIONS, & RECOMMENDATIONS Having reviewed the relevant criteria in this matter, Staff make and enter the following: FINDINGS: 1 . The applicant, the City of Renton, is processing approximately ten conditional approval permit applications for projects that initially petitioned for Class 'A' - Non-conforming Use status before this was changed to the Conditional Approval Permit process. 2. Because there is no proposed change of use or modification of structures proposed as a consequence of these applications it was determined that these applications were SEPA exempt since these actions were seen as being administrative in nature. 3. Proposed enabling legislation for these applications has been reviewed by all departments with an interest in this issue. 4. The subject site is commonly known as the Renton Optometry Clinic site. The site is located at 112 Pelly Avenue North in a predominantly mixed-density area that includes both single-family as July 10, 1995 CONDITION/II APPROVAL PERMIT APPLICATION, 112 PEI'" AVENUE N., continued Page 2 *41010 well as some multi-family residential and a couple of one-story professional office buildings across the street. 5. The existing building is a one-story rectilinear brick and wood structure that is approximately 40 feet by 72 feet in size, with a flat roof. 6. The subject site, which is 50 feet wide, is approximately 5,375 square feet in area. 7. The front of the building facing onto Pelly Avenue North is setback approximately 20 feet from the street property line and is paved to create off-street parking for at least four cars. A planting strip across the front of the building provides some aesthetic relief since this narrow strip is planted with evergreen shrubs. Whereas the existing building's bulk and scale is compatible with that of some of the surrounding residential structures, architecturally the existing building stands apart from these other residential structures along this side of Pelly Avenue North. This is due to the building's narrow slit-type windows facing onto the stree, its flat roof, and its limited front yard landscaping. 8. A single-story residential structure abuts the subject site to the south and a two-story residential duplex structure abuts it on the north. Both of these structures have sloped gabled roofs and side yard landscaping that extends out to the street. 9. The property owner is seeking a conditional approval permit that will permit the existing professional optometry clinic use to be re-established in the event that a catastrophic accident destroys or severely damages the existing building. 10. The City in June 1993 zoned the subject site to the Single Family (now R-8) Residential Zone. Formerly, this site was zoned R-3, Residential Multi-family. 1 1 . The Comprehensive Plan designates the subject site as Residential Single Family, i.e. suitable for single-family residential structures. 12. Reflecting actual uses in the area, the zoning generally is R-8 to the north and east of the site. However, there is R-10 zoning immediately west of the site on a rectangular lot across the street, as well as to the south of this lot to the end of the block where it intersects North 1st Street. The half of the block across the alley to the east that fronts on Park Avenue North is zoned Commercial Arterial (CA). CONCLUSIONS: Non-conforming Use: 1 . The proponent, must demonstrate that the request to continue the existing non-conforming use in the event of a catastrophic loss or damage to the premises is in the public interest and that it complies with at least three relevant criteria identified above and taken from Section 4-31-19.1.5: a. "Community Need: There is a community need for the proposed use at its present location." It appears that the existing facility does serve residents and employees of businesses in the surrounding North Renton area as well as eye patients from elsewhere in the city, including the downtown area. With many of the City's medical facilities having relocated to the hospital/clinic area along S. Talbot Road and SW 43rd/Carr Road, it would appear to be in the community's interest to retain such a health care facility nearby to an existing larger residential population. b. "Effect on Adjacent Property: The existing non-conforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare, vibration, etc." July 10, 1995 CONDITIONAL APPROVAL PERMIT APPLICATION, 112 PELLY AVENUE N., continued 'Now' 3 There is no indication that the existing use has created adverse impacts on the•adjacent properties. The south side of this four sided lot abuts a single-family structure while the north side abutts a duplex structure. Both abutting properties are separated from the subject site by a low fence and some shrubbery. As noted above, there is a similar one- story professional office building immediately across the street and, the site to the rear across the alley is vacant but zoned for commercial uses. One of the reasons the existing non-conforming use has not resulted in undue adverse effects on adjacent properties may be the relatively small size of this clinic, its setback from the street, its "well kept" appearance, and its limited scale. c. "Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing non-conforming use would not impede or delay the implementation of the City's Comprehensive Plan ." Given the relatively small size of the current lot, some 5,375 square feet in area, it does not appear that retention of this existing non-conforming use would necessarily impede implementation of the City's Comprehensive Plan which designates this area as Single Family. Also, given the substantial investment in the existing clinic structure, it does not appear likely that it would be converted to residential uses in the near future unless there was a very strong market for new single-family housing in the area. RECOMMENDATION: 1 . Based upon the above, the requested conditional approval permit to allow the existing use to be re-established in the case of a catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non-conforming use shall not be re-established. b. New tenants shall be informed in writing about the non-conforming status of the existing use and structure and the fact that this conditional approval permit for the non-conforming use is initially granted for a period not exceeding ten (10) years, although subsequent permits might be issued if conditions at the time still warrant. NOTES TO PROPERTY OWNER: a. Prior to any subsequent consideration of a another conditional approval permit for this site, the surrounding area shall be reassessed by the City based on the review criteria and conditions in existance at that time. b. The owner of the subject site shall prepare restrictive covenants satisfactory to the City Attorney that reflect these conditions and run with the site. These restrictive covenants shall be filed by the applicant or their representative with King County and verification of this filing shall be submitted to Development Services prior to this permit being issued. 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( 0 1ti ., a- �i•5 I 537 D ° 7 o `� so w 5 r ill I4 airs 0100 .mac /2 01-o s ,I ' •gb1 � - _ rS 011.0 0095 /G ill 7i 0105 i . • ,ii.,,,I 4-7, • 12. AC. ITOv / t f�� 0zA c i : I O oz0o `n 0 s ,uI �. <C1C0 • `7��� d 537�O ° }• °� r ti y a.,r �4J.5 : /7 p l3 r ' ' • 9 �50 - — `` "r' Nils r " 1 �� .'S _ET _ '' 1 111111111 in > 4, • 0095 // a J 375• 375 0 ooro 0015 6 ',I 7 �T QG17�etif5, �a : � �� 93 J-� q �o �1 e5 00AS V Q ' • fr 1 �-, ' 55 • lo�,/ i� �/ •' • 0 �I se / '` �, O o0`' 4,g i n S . ri o \ c _ K S/ .` // \° 0 r DDSs 3 T a o Z _ -' a_ e PLANNING & DEVELOPMENT COMMITTEE CITY OF RENTON CONDITIONAL APPROVAL PERMIT APPLICATION REPORT AND RECOMMENDATION APPLICANT: CITY OF RENTON City Sponsored Conditional Approval of North Renton Professional Building Site (Application No. 10) LOCATION: 113 Pelly Avenue North SUMMARY OF REQUEST: City sponsored conditional approval of 0.23 acre site developed with a one-story "U"-shaped building occupied by professional offices in order to legitimize this non-conforming use and structure against their premature termination in the event of a catastrophic loss to the structure. SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve RELEVANT REVIEW CRITERIA: Non-conforming Uses: Pursuant to Section 4-31-19.1.5., the following three use criteria are relevant to this application: • Community Need; • Effect on Adjacent Property; and • Timeliness with Existing Plans and Programs. Non-conforming Structures: Pursuant to Section 4-31-19.1.6., the following three structure criteria are relevant to this application: • Potential of the Site for Redevelopment: • Condition of Building/Structure: • Departure from the Zoning Code: FINDINGS, CONCLUSIONS, & RECOMMENDATIONS Having reviewed the relevant criteria in this matter, Staff make and enter the following: FINDINGS: 1 . The applicant, the City of Renton, is processing approximately ten conditional approval permit applications for projects that initially petitioned for Class 'A' - Non-conforming Use status before this was changed to the Conditional Approval Permit process. 2. Because there is no proposed change of use or modification of structures proposed as a consequence of these applications it was determined that these applications were SEPA exempt since these actions were seen as being administrative in nature. July 10, 1995 VW yy Page 2 • 3. Proposed enabling legislation for these applications has been reviewed by all departments with an interest in this issue. 4. The subject site is commonly known as the North Renton Professional Building site. The site is located at 113 Pelly Avenue North in a predominantly mixed-density area that includes single-family dwellings as well as some residential duplex structures and a scattering of one-story professional office buildings. 5. The existing building is a one-story "U"-shaped (actually two "L" shaped structures with a common roof) wood-frame and brick veneer structure that is approximately 80 feet by 90 feet along its outside perimeter, with a sloping metal roof with twin gables that face onto the street and enclose on either side of an entry courtyard that opens onto Pelly Avenue North. 6. The subject site is approximately 10,000 square feet in area. The existing building does not appear to meet the required 25 foot rear yard setback although front and side yards appear adequate. 7. The front of the building facing onto Pelly Avenue North is setback approximately 10 feet from the street property line and is landscaped with predominantly evergreen shrubs and trees as is the interior courtyard. These and the brick facades help to impart a strong residential feeling to this predominantly residential streetscape. 8. The one-story Traditional Family Health Care Building abuts the subject site to the south. It is a semi-residential looking wood-frame structure with a flagstone veneer wanescoating. 9. The property owner is seeking a conditional approval permit that will permit the existing structure and professional office use to be re-established in the event that a catastrophic accident destroys or severely damages the existing building. 10. The City has recently rezoned the subject site from the Public Use (P-1) Zone to the R-10 Residential Zone. 11 . The Comprehensive Plan designates the subject site as Residential Options: suitable for single family, duplex, triplex and fourplex residential structures. 12. Reflecting actual uses in the area, the zoning generally is R-8 to the north and east of the site. However, there is R-10 zoning immediately west of the site on a triangular lot across the alley as well as R-10 zoning on the site immediately south and abutting the site. Additional R-10 zoning exists to the south across North 1st Street. CONCLUSIONS: Non-conforming Use: 1 . The proponent, must demonstrate that the request to continue the existing non-conforming use in the event of a catastrophic loss or damage to the premises is in the public interest and that it complies with at least three relevant criteria identified above and taken from Section 4-31-19.1.5: a. "Community Need: There is a community need for the proposed use at its present location." It appears that the existing facility does serve residents and employees in the surrounding North Renton area as well as dental patients from elsewhere in the city including the downtown area. With many medical facilities having relocated to the area along S. Talbot Road and SW 43rd/Carr Road, it would appear to be in the community's interest to retain such a health care facility nearby to a larger residential population. . July 10, 1995 Page 3 wr.r✓ .rr'' • b. "Effect on Adjacent Property: The existing non-conforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare, vibration, etc." There is no indication that the proposed use has created adverse impacts on the adjacent properties. This may in fact partly be because only one side of this four sided lot actually abuts the lower density R-8 Zone. There is a similar one-story professional office building abutting on the south and the zoning to the west of the site across the alley is zoned higher density R-10. To the south of the site is an existing commercial office structure. Other mitigating factors may be the existing structure's very strong residential appearance from the street and the fact that it provides eight off-street parking spaces at the back of the building. c. "Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing non-conforming use would not impede or delay the implementation of the City's Comprehensive Plan ." Given the relatively small size of the current lot, some 10,000 square feet in area, its location mid-block with lower density single-family and duplex housing across the street to the east and abutting the site to the north, it does not appear that retention of the existing non-conforming use would necessarily impede implementation of the City's Comprehensive Plan. In fact, the strong residential character imparted by this building might help stabilize the existing single-family uses favored in this area. Also, given the substantial investment in the existing structure, it does not appear likely that it would be converted to residential uses in the future unless there was a very strong market for these uses, that would make them more profitable than the current legal non-conforming use. Non-conforming Structure: 2. The proponent, must demonstrate that the request to re-establish the existing non- conforming structure in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with at least three relevant criteria identified above and taken from Section 4-31-19.1.6: a. "Potential of the Site for Redevelopment": Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or, because the characteristics of adjacent permitted uses preclude their expansion. Because of the size of the existing lot it may not be a preferred site, at least initially, for redevelopment with mixed density residential uses. Single-family residential uses in the R-8 zone are unlikely to expand south onto this site even though they are a permitted use in the R-10 Zone because of probable higher property values in this zone. Likewise, the legal non- conforming clinic to the south is precluded from expanding as well, leaving the current site pretty much as is for R-10 uses. With the clinic to the south probably remaining for the foreseeable future, and, both professional buildings remaining economically viable, the likelihood of the redevelopment of this site to R-10 uses in the foreseeable future seems remote. b. "Condition of Building/Structure": If non-conforming as to the provisions of the City's Building Code, the building or structure has generally been well maintained and is not considered to be a threat to the public health or safety. From all exterior appearances, the existing structure is well maintained and is not considered to be a threat to the public health or safety. c. "Departure from the Zoning Code": If non-conforming with the provisions of the City's Development Regulations, the building or structure does not pose a threat to July 10, 1995 NOW *NW Page 4 the public health, welfare, or safety, or, it could be modified so as not to pose such a threat. Again, there is no indication that the existing structure poses a threat to the public health, welfare, or safety. Although setbacks are less along the street frontage and rear yard than required by current code they do not appear to be out of character with those of this older neighborhood. RECOMMENDATION: 1 . Based upon the above, the requested conditional approval permit to allow the existing use to be re-established in the case of a catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non- conforming use shall not be re-established. b. New tenants shall be informed in writing about the non-conforming status of the existing use and structure and the fact that this conditional approval permit for the non-conforming use is initially granted for a period not exceeding ten (10) years, although subsequent permits might be issued if conditions at the time still warrant. 2. Based upon the above discussion, the requested conditional approval permit to allow the existing structure to be re-established in the case of a catastrophic loss or damage to the structure should be granted subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten 110) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non- conforming use shall not be re-established; b. The extent of the existing non-conforming building that may be replaced with additional non-conforming structure shall not exceed the amount of the structure accidentally damaged. In no case shall any portion of a structure that has been found to have been intentionally damaged by the owner be allowed to re-establish itself unless it does so consistent with all codes and regulations then in existence; and c. An application for site plan review shall be made if a catastrophic or an accumulative loss greater than fifty percent (50%) of the assessed value of the structure occurs during the life of this permit. The replacement structure shall be reviewed to ensure that it is architecturally in character with the surrounding area and, that it complies with all relevant building codes and the existing zoning codes then in place, to the extent possible. NOTES TO PROPERTY OWNER: 1) Prior to any subsequent consideration of a another conditional approval permit for this site, the surrounding area shall be reassessed by the City based on the review criteria and conditions in existance at that time. 2) The applicant shall prepare restrictive covenants satisfactory to the City Attorney that reflect these conditions and run with the site. These restrictive covenants shall be filed by the applicant or their representative with King County and verification of this filing shall be submitted to Development Services prior to this permit being issued. July 10, 1995 Page 5 :.r APPROVAL SIGNATURES: Non-conforming Use Conditional Approval The subject application was reviewed by the Renton City Council on and approved. Signed, on this , 1995; Marilyn Petersen, City Clerk Non-conforming Structure Conditional Approval Signed, on this , 1995; Michael D. Kattermann, Director Jim Hanson, Director Planning & Technical Services Development Services 1 l3pelly.DOC 1� ► 1 a��" 1 I i l I ' I — Za, O .i''' 001 3 /9 7� B ti 0 /9,`j 31p 8 •` 10 °° 2 ° • o c, rP°3 ° 5375 d 5a7,ia o M. 21 100 m 2045 / p310 7 M h 20 p3g0 5 as 7 'Q 4 'S.6 3 p1-poo5 = *N = to t e, 2 ,,,, 2 ND D 2 1¢� p 0�5 6 f 21 0395 03/0 6 `' Ao�. ST 0. L ' I >- A 0'3" 0 4*c.°CI bb36a 4.333e *a- �1"0 . 2 2 k'� 03w -I , , 22 045° 03Q5 -' 6 1 /oa _ �s,u r f 3 a o7 p2g5 ,t8>d� ��3p01'1 � ' e u .; oil c �3 �� h°o :t 23 pI S `r ro ;';o 4,0:• c` ! 7 ' Q — b3dv p295 ' • .�s 7G < , -� �5015 S ? 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PLANNING & DEVELOPMENT COMMITTEE CITY OF RENTON CONDITIONAL APPROVAL PERMIT APPLICATION REPORT AND RECOMMENDATION APPLICANT: CITY OF RENTON City Sponsored Conditional Approval of Family Dentistry Clinic Site LOCATION: 636 Shattuck Avenue South SUMMARY OF REQUEST: City sponsored conditional approval of 0.17 acre site developed with a two-story rectangular-shaped residential looking building occupied by professional dental offices in order to legitimize this non- conforming use and structure against their premature termination in the event of a catastrophic loss to the structure. SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve RELEVANT REVIEW CRITERIA: Non-conforming Uses: Pursuant to Section 4-31-19.1.5., the following three use criteria are relevant to this application: • Community Need; • Effect on Adjacent Property; and • Timeliness with Existing Plans and Programs. Non-conforming Structures: Pursuant to Section 4-31-19.1.6., the following three structure criteria are relevant to this application: • Potential of the Site for Redevelopment: • Condition of Building/Structure: • Departure from the Zoning Code: FINDINGS, CONCLUSIONS, & RECOMMENDATIONS Having reviewed the relevant criteria in this matter, Staff make and enter the following: FINDINGS: 1. The applicant, the City of Renton, is processing approximately ten conditional approval permit applications for projects that initially petitioned for Class 'A' - Non-conforming Use status in 1994 before this was changed to the Conditional Approval Permit process. October 10, 1995 Far' Dentistry Clinic, 636 Shattuck Avg Page 2 2. Because there is no proposed change of use or modification of structures proposed as a consequence of these applications it was determined that these applications were SEPA exempt since these actions were seen as being administrative in nature. 3. Proposed enabling legislation for these applications has been reviewed by all departments with an interest in this issue. 4. The subject site is commonly known as the Family Dentistry Clinic site. The site is located at 636 Shattuck Avenue South in a predominantly mixed-density residential area that includes single- family dwellings as well as some residential duplex and apartment structures. 5. The existing building is a one-story rectangular-shaped wood-frame structure that is approximately 46 feet by 50 feet along its outside perimeter, with a sloping composition shingle roof with an upper protruding partial story facing onto the street. The main entry of the building fronts onto Shattuck Avenue South. 6. The subject site is approximately 7,572 square feet in area. The existing building does appear to meet the required side yard of 12 feet for lots wider than 60 feet in the RM-U Zone. In "U"- designated multi-family areas such as the south downtown area, there are no required front or rear yard setbacks, although the existing structure provides both. 7. The front of the building facing onto Shattuck Avenue South is setback approximately 12 feet from the street property line and is landscaped with predominantly evergreen shrubs and lawn. This and the buildings clapboard siding help to impart a residential feeling to the existing predominantly residential streetscape. 8. Single-family dwellings abut the subject site to the north and also exist across the street to the west. Also across the street to the west are two existing apartment buildings. To the south across SW 7th Street, the zoning is CA - Commercial Arterial. 9. The property owner is seeking a conditional approval permit that will allow the existing structure and professional dental practice to be re-established in the event that a catastrophic accident destroys or severely damages the existing building to the extent that their repair or replacement exceeds 50% of the latest assessed value of the structure. 10. The Comprehensive Plan designates the subject site as Center Downtown which states that: "Development should be low and mid-rise with an overall average floor to area ratio (FAR) of 2:1 within the Center Downtown designation on the Land Use Map." Each parcel however, is not required to achieve this specific intensity. 11. Reflecting actual uses in the area, the zoning is RM-U to the north for approximately two blocks, and east of the site for approximately two blocks, with CA zoning to the west and south of the site (across Shattuck Avenue S. and across SW 7th Street). CONCLUSIONS: Non-conforming Use: 1. The proponent, must demonstrate that the request to continue the existing non-conforming use in the event of a catastrophic loss or damage to the premises is in the public interest and that it complies with at least three relevant criteria identified above and taken from Section 4-31-19.1.5: a. "Community Need: There is a community need for the proposed use at its present location." It appears that the existing facility does serve residents and employees in the surrounding South Downtown area as well as dental patients from elsewhere in the city. With many October 10, 1995 Family " 'ntistry Clinic, 636 Shattuck Ave S. Page 3 Noie medical facilities having relocated to the area around S. Talbot Road and SW 43rd/Carr Road, it would appear to be in the community's interest to retain existing health care facilities that serve nearby larger residential/employment populations. b. "Effect on Adjacent Property: The existing non-conforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare, vibration, etc." There is no indication that the proposed use has created adverse impacts on the adjacent properties. This site was zoned to the B-1 Zone in 1984 with restrictive covenants (file # R- 098-84) ensuring that the structure would architecturally tie in with the surrounding residential area. Because of this the building was designed to look like a traditional single- family dwelling, even though it was a new structure designed to house a dental clinic. As such, the structure fits in quite well with the surrounding lower density single-family dwellings in the area. The existing use, including its off-street parking, is well landscaped and does not appear to create a nuisance in terms of noise, traffic or glare. c. "Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing non-conforming use would not impede or delay the implementation of the City's Comprehensive Plan ." Given the relatively small size of the current lot, some 7,500 square feet in area, its location at the southeast corner of the RM-U Zone would indicate that it is unlikely to impede or delay the implementation of new multifamily residential elsewhere in the RM-U Zone, to the north and east. There appear to significant opportunities elsewhere in this zone to accommodate projected residential absorption rates for sometime into the future. Therefore, it does not appear that retention of the existing non-conforming use would necessarily impede implementation of the City's Comprehensive Plan. In fact, the strong residential character imparted by this building might help stabilize existing residential uses in this area. Also, given the substantial and fairly recent investment in the existing structure (1984), it does not appear likely that it would be converted to residential uses in the future unless there was an unanticipated market for these uses that would justify the additional expense of acquiring a profitable non-residential business and replacing it with a residential use. Non-conforming Structure: 2. The proponent, must demonstrate that the request to re-establish the existing non- conforming structure in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with at least three relevant criteria identified above and taken from Section 4-31-19.1.6: a. "Potential of the Site for Redevelopment": Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or, because the characteristics of adjacent permitted uses preclude their expansion. Because of the size of the existing lot it may not be a preferred site, at least initially, for redevelopment with multi-family residential uses. Vacant lots and single-family residential sites are the most likely candidates for redevelopment under the RM-U zoning which allows densities of up to 75 - 100 DU/AC for market rate multi-family units. Typically such development starts out with a minimum lot size of 14,000 or 15,000 square feet since smaller lot sizes are less efficient at these higher densities. The likelihood of the redevelopment of this smaller, peripherally located site to RM-U uses in the foreseeable future seems somewhat remote. b. "Condition of Building/Structure": If non-conforming as to the provisions of the City's Building Code, the building or structure has generally been well maintained and is not considered to be a threat to the public health or safety. October 10, 1995 Far*"', Dentistry Clinic, 636 Shattuck Av6000 Page 4 From all exterior appearances, the existing structure is well maintained and is not considered to be a threat to the public health or safety. c. "Departure from the Zoning Code": If non-conforming with the provisions of the City's Development Regulations, the building or structure does not pose a threat to the public health, welfare, or safety, or, it could be modified so as not to pose such a threat. Again, there is no indication that the existing structure poses a threat to the public health, welfare, or safety. Although the interior side yard setback may be slightly less than the minimum 12 feet required under the RM-U Zone, it does not appear to be out of character with existing units in this older residential neighborhood. RECOMMENDATION: 1. Based upon the above, the requested conditional approval permit to allow the existing use to be re-established in the case of a catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding fifteen (15) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non-conforming use shall not be re-established. b. New tenants shall be informed in writing about the non-conforming status of the existing use and structure and the fact that this conditional approval permit for the non-conforming use is initially granted for a period not exceeding fifteen (15) years, although subsequent permits might be issued if conditions at the time still warrant. 2. Based upon the above discussion, the requested conditional approval permit to allow the existing structure to be re-established in the case of a catastrophic loss or damage to the structure should be granted subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding fifteen (15) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non-conforming use shall not be re-established; b. The extent of the existing non-conforming building that may be replaced with additional non-conforming structure shall not exceed the amount of the structure accidentally damaged. In no case shall any portion of a structure that has been found to have been intentionally damaged by the owner be allowed to be re- established unless it is done in a manner consistent with all codes and regulations then in existence; and c. An application for site plan review shall be made if a catastrophic or an accumulative loss greater than fifty percent (50%) of the assessed value of the structure occurs during the life of this permit. The replacement structure shall be reviewed to ensure that it is architecturally in character with the surrounding area and, that it complies with all relevant building codes and the existing zoning codes then in place, to the extent possible. NOTES TO PROPERTY OWNER: 1) Prior to any subsequent consideration of a another conditional approval permit for this site, the surrounding area shall be reassessed by the City based on the review criteria and conditions in existence at that time. October 10, 1995 Family ntistry Clinic, 636 Shattuck Ave S. Page 5 2) The applicant shall prepare restrictive covenants satisfactory to the City Attorney that reflect these conditions and run with the site. These restrictive covenants shall be filed by the applicant or their representative with King County and verification of this filing shall be submitted to Development Services prior to this permit being issued. APPROVAL SIGNATURES: Non-conforming Use Conditional Approval The subject application was reviewed by the Renton City Council on and approved. Signed, on this , 1995; Marilyn Petersen, City Clerk Non-conforming Structure Conditional Approval Signed, on this , 1995; Michael D. Kattermann, Director Jim Hanson, Director Planning & Technical Services Development Services 636shttc.DOC T I • • • _ .. 44 ..•. s ...fir.lr:� �et-et '�u�'_ i t - .,;:At nza • s 636 Shattuck Avenue South • 1=11- . CA D BCD C bv\-V\ ail 1 ••• ILI 4 to if! r rg _ _ 3 Aim NI 636 Shattuck Avenue South PLANNING & DEVELOPMENT COMMITTEE CITY OF RENTON CONDITIONAL APPROVAL PERMIT APPLICATION REPORT AND RECOMMENDATION APPLICANT: CITY OF RENTON City Sponsored Conditional Approval of Key Trucking, Inc., 423 S. 7th Street OWNER: Mr. Gary Castagno LOCATION: 423 S. 7th Street, Renton 98055 CURRENT ZONING: CA Zone - Commercial Arterial SUMMARY OF REQUEST: City sponsored conditional approval of the non- conforming use on this 2.81 acre site. The proposed conditional approval permit would legitimize the existing non-conforming use on the premises against its premature termination in the event of a catastrophic loss exceeding 50% of the value of the structure it is housed in. The site is currently developed with three different buildings on the site. One, a metal and stucco warehouse type building is a one-story rectangular shaped building that fronts on South 7th Street and the others, are tilt-up concrete structures abutting one another. Both of these latter have "loading" docks. The existing buildings appear to comply with the CA Zone development regulations. SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve with Conditions RELEVANT REVIEW CRITERIA: Non-conforming Uses: In order to qualify for this permit at least three of the criteria listed in Section 4-31-19.1.5. must be complied with. The three most relevant criteria in this case are: • Community Need; • Effect on Adjacent Property; and • Timeliness with Existing Plans and Programs. FINDINGS, CONCLUSIONS, & RECOMMENDATIONS Having reviewed the relevant criteria in this matter, Staff make and enter the following: FINDINGS: 1. The City is processing approximately ten conditional approval permit applications for projects that initially petitioned for Class 'A' - Non-conforming Use status before this was renamed and changed to the Conditional Approval Permit process. July 25, 1995 Conditional A 'royal Permit, 530 Williams Avenue Nor, ontinued Page 2 2. Because there is no proposed change of use or modification of structures proposed as a consequence of these applications it was determined that these applications were SEPA exempt since these actions were seen as being administrative in nature. 3. Proposed enabling legislation for these applications has been reviewed by all departments/divisions with an interest in this issue and has been recommended for approval. 4. There are currently three warehouse type buildings on the 2.81 acre site. The larger of the three actually is two stories in height with offices above a first story loading and transfer dock floor; the second building to the east of the first, is a one-story loading dock/transfer building; and the third building is a one-story metal and stucco warehouse type building abutting the SW 7th Street property line. The larger two loading dock type structures are sited near the rear of the lot and have vehicular access from both their north and south sides. 5. A substantial portion of this 2.81 acre site is open space which is used for truck maneuvering as well as the somewhat unattractive storage of buses and trucks along the SW 7th street frontage. 6. Abutting and to the south of the site there is a 100 foot wide abandoned railroad right-of-way that has been combined with other remnant property to create developable commercial frontage on Grady Way. The southeast corner of the site, for example, abuts right-of-way that was recently sold and developed with an AM/PM Arco Mini-Mart. 7. Whereas the whole block between SW Grady Way and SW 7th Street is zoned CA - Commercial Arterial, with the expectation that new development would develop between block fronts, current development patterns suggest that during the interim, anyway, this is unlikely. New commercial retail oriented uses such as fast food outlets and service station/mini-markets usually require sites that are only a 100' - 150' deep, whereas this block has properities that range in depth from 375' to over 600' in depth between the two block fronts. Unless a large wholesale/retail establishment such as a so called warehouse outlet or larger multi-goods retailer such as a Wal Mart, Safeway, or Fred Meyer were to develop here, it is unlikely that those properties along SW 7th Street will develop in the forseeable future. 8. The properties to the north across S. 7th Street are currently developed with older single-family dwellings and this area of the south downtown is currently zoned for multi-family residential as RM- U, Urban. The existing use, particularly if it remains unsightly with truck and bus storage in the open could potentially be a deterrent to the redevelopment of the multi-family zoned single-family areas across S. 7th to the north. 9. To the southeast of the site at the corner of SW Grady Way and Smithers is a new AM/PM Arco mini-mart service station and to the west of the Arco site and south of the subject site is vacant Grady Way commercial frontage less than 200' in depth. 10. Existing development patterns are such that the subject site is unlikely to ever have direct frontage to SW Grady Way unless someone acquires the property to the south and consolidates it with this site. Without major arterial frontage it is questionable whether this site can develop to its highest and best use as retail. Services such as laundromats, rental services, or drive-in theaters, however, might be able to develop with direct arterial frontage access. 11. The land use map element of the City's new Comprehensive Plan designates the area in which the subject site is located as Employment Area - Commercial, which is suitable for the development of commercial and residential uses requiring large amounts of land and/or high visibility and access to large volumes of automobile traffic in areas outside of centers. 12. The City rezoned the subject site in June, 1993, from the Light Industrial (L-1) Zone, which permitted warehousing uses as a primary use, to the Commercial Arterial Zone (CA), which does 423S7TH.DOC July 25, 1995 Conditional Apr 'al Permit, 530 Williams Avenue North, -nntinued Page 3 • not allow this use. As a consequence, the existing warehousing, storage, and product transferring uses on the site would become legal non-conforming uses under this new zoning designation. As such, these uses are allowed to remain as long as they do not expand on the site. 13. The existing building is considered to be a legal conforming structure because there is no minimum lot size in this zone and there are no setbacks for structures under 25 feet in height. Whereas there is a 65% limit on lot coverage, this already appears to be complied with. 14. The property owners have requested a conditional approval permit that would permit the existing warehousing uses to be re-established in the event that a catastrophic accident destroys or severely damages the existing building. 15. Reflecting actual uses in the area, the zoning is CA to the south, west and east of the site. However, to the north across SW 7th Street the zoning changes to RM-U, Residential Multi-family Urban Center Zone, as noted above. This zone allows multiple family dwelling units at densities of 75 to 150 dwelling units per acre for market rate housing. With design review and provisions for affordable housing, densities can be increased up to 150 dwelling units per acre. 16. Given the size and character of the existing use on the subject site it is not considered to be highly compatible with encouraged uses in either the CA or RM-U zones. However, given its location across SW 7th Street, which serves somewhat as a separator, this use might be acceptable if hours of operation and visual screening were required as a condition of any substantial redevelopment of the site. CONCLUSIONS: Non-conforming Use: The proponent must demonstrate that the request to continue the existing non-conforming use, in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with at least three relevant criteria identified above and taken from Section 4-31-19.1.5: a. Community Need: There is a community need for the proposed use at its present location. It is unclear whether the existing warehouse building serves a significant community need at this location. There are now substantial areas zoned for this type of use in the IL, IM, and IH zones in the Valley that such a use could relocate to but until there is a known demand for commercial uses in this area, i.e. SE 7th Street the existing use is preferable to the site being vacant and becoming run-down. b. Effect on Adjacent Property: The existing non-conforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare, vibration, etc. It is likely that the existing warehousing use has had some impacts on the adjacent properties in terms of aesthetics and possible noise, particularly when the site is being used to its full capacity. These impacts may not be unduly adverse but they could affect the marketing of the properties across SW 7th Street to the north for multiple dwellings. In terms of the existing use's impacts on the new AM-PM Mini-market staff did not note any. 423S7TH.DOC July 25, 1995 Conditional I wove! Permit, 530 Williams Avenue Noilis continued Page 4 c. Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing non-conforming use would not impede or delay the implementation of the City's Comprehensive Plan. Because of the size of the current lot, some 122,404 square feet in area, it does not appear that retention of the existing non-conforming use would necessarily impede implementation of the City's Comprehensive Plan for this greater Employment Center - Commercial area. In fact, since most arterial-oriented retail does not require lots that are hundreds of feet deep it could be argued that this site which is accessed off of SW 7th Street, a non-auto oriented street in this area, is not likely to develop with arterial oriented commercial uses. On the other hand, if someone was seeking a larger site such as this, and wanted to combine it with one of the narrower arterial frontage sites on SW Grady Way, they would likely attempt to buy out the existing use regardless of whether it was conforming or not. The subject application does satisfy at least three of the review criteria, although in some cases it was right on the line. For example, community need at this location was marginal, the subject use is not considered to be highly compatible with existing or allowed uses in the area even though no undue adverse impacts were actually shown, and the existing use, if continued indefinitely at this site, could eventually impede the development of this site if there was a strong demand in this area for, say, larger warehouse or larger multi-product type commerical outlets. However, at this time no such market appear to exist in this area. RECOMMENDATION: 1. Based upon the above, the requested conditional approval permit to allow the existing use to be re-established in the case of an accidental, catastrophic loss or damage to the structure, should be allowed for the following reasons: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped withon two years, the non-conforming use shall not be re-established in this zone. NOTES TO PROPERTY OWNER: Appeal of this decision is to the Hearing Examiner and any such appeal must be filed in writing with the Office of the Hearing Examiner within fourteen (14) days of the date of this decision. Such an appeal should clearly state the grounds for the appeal based upon the criteria contained in Section 4-8-11.B.4. APPROVAL SIGNATURES: Non-conforming Use Conditional Approval; The subject application was reviewed by the Renton City Council on and approved. Signed, on this , 1995: Marilyn Petersen, City Clerk 423S7TH.DOC Naive U -1f•-‘9• ..; . 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F r N A — --. -�!!'-I.e -ca w — \> �i il ‘ Z Ot -o s c c ..:_ \ \ ' ro W n ` NC1E3 - O Q C� rtio�ab yo s�fwn M o ,o —a Ilk co .....c-6a-ea-s 1 o W i 9 11 4. r t t ; n • R y z moo, _ ____ .- t 1k 11 s II . , 1 .- 1 �.1 _ ..ice•-� } r _ _ . t v • tl Gs�i -1yr2 ^cYt:w .+ty..ti .r a y +eR a .r-"a, L :✓i4 yy v. 1 : NF�- yw5��1. ri �4 f ti. • • S -c,";7�,a�- �31 a•i-:r•Y 1:•r -..i'.,-2�'01 L Y r 1t- ' 1 •, —v_ 1. • T6. "/ tea. r..a.... v. i __..,,ty.:,•-ram' r r.ti: . 95 1 29 0 C, • "``' "{; t / i 4.+ ...I _ -- i� = — • low • ■ I Y 7 N• `S- 4 .tom fix' .. 5. .;,,,,t`` ;• .Y Q N - #•M.�S.'"r},p. _ i„ter. ? � t�T*�?!;',S.r..... ., , .. - PLANNING & DEVELOPMENT COMMITTEE CITY OF RENTON CONDITIONAL APPROVAL PERMIT APPLICATION REPORT AND RECOMMENDATION APPLICANT: CITY OF RENTON City Sponsored Conditional Approval of Lila J. Apartments LOCATION: 518 Williams Avenue North SUMMARY OF REQUEST: City sponsored conditional approval of 0.12 acre site developed with a two-story rectangular shaped apartment building in order to legitimize this non- conforming use and structure against their premature termination in the event of a catastrophic loss to the structure. SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve with Conditions RELEVANT REVIEW CRITERIA: Non-conforming Uses: In order to qualify for this permit at least three of the criteria listed in Section 4-31-19.1.5. must be complied with. The three most relevant criteria in this case are: • Community Need; • Effect on Adjacent Property; and • Timeliness with Existing Plans and Programs. Non-conforming Structures: In order to qualify for this permit at least three of the criteria listed in Section 4-31-19.1.5. must be complied with. The three most relevant criteria in this case are: • Potential of the Site for Redevelopment; • Condition of Building/Structure; and • Departure from the Zoning Code. FINDINGS, CONCLUSIONS, & RECOMMENDATIONS Having reviewed the relevant criteria in this matter, Staff make and enter the following: FINDINGS: 1. The applicant, is processing approximately ten conditional approval permit applications for projects that initially petitioned for Class 'A' - Non-conforming Use status before this was changed to the Conditional Approval Permit process. July 7, 1995 Conditional P ,royal Permit, 518 Williams Avenue Nor, ;continued Page 2 411109 2. Because there is no proposed change of use or modification of structures proposed as a consequence of these applications it was determined that these applications were SEPA exempt since these actions were seen as being administrative in nature. 3. Proposed enabling legislation for these applications has been reviewed by all departments with an interest in this issue. 4. The subject site is commonly known as the Lila J. Apartment Building site. The site is located at 518 Williams Avenue North in a predominantly single-family area in North Renton that does include a scattering of multi-family residential dwellings. 5. The existing rectangular building is a two-story wood-frame clapboard sided structure that was built most likely in the late 1950's. It is approximately 30 feet by 70 feet in size, with a flat roof. Entrances to individual units are on the west side of the subject building separated by a ten (10) foot side yard from an abutting older style single-family house. 6. The subject site is approximately 5,000 square feet in area. 7. The end of this two-story building faces onto Williams Avenue North and the building itself is setback approximately 10 feet from the street property line. This setback area is landscaped with predominantly evergreen shrubs. 8. Single-family one-story residential structures abut the existing two-story multi-family building on the west and east. These two homes also have greater setbacks from the street, thus adding to the apparent bulk of the subject four-unit apartment building. 9. The property owner has requested a conditional approval permit that would permit the existing multi-family use and the existing structure to be re-established in the event that a catastrophic accident destroys or severely damages the existing building. 10. The City rezoned the subject site from R-4 Multi-family Zone to the Single-family Residential Zone (now R-8) in June, 1993. As a consequence, the existing use and structure are considered to be legal non-conforming uses. 11. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of residential single-family uses since the site has a Residential Single Family land use designation. 12. Reflecting actual uses in the area, the zoning generally is R-8 to the north and east of the site. However, there is R-10 zoning at the north end of the 500 Block along North 6th Street as well as immediately west of the site across the alley between it and Burnett Avenue North. Basically the whole east side of Burnett Avenue North between North 4th Street and North 6th Street is currently zoned R-10. The R-10 Zones allows medium density residential development in a mix that includes both single-family detached and attached dwellings, duplexes, triplexes and fourplexes, and townhomes at a density of up to 10 dwelling units per acre. 13. Given the average density of the current site at nearly 35 DU/AC it is not compatible with either the R-8 or the R-10 Zones. CONCLUSIONS: Non-conforming Use: The proponent must demonstrate that the request to continue the existing non-conforming use, in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with at least three relevant criteria identified above and taken from Section 4-31-19.1.5: . July 7, 1995 Conditional App 31 Permit, 518 Williams Avenue North, ltinued Page 3 `r✓ Nrsie a. Community Need: There is a community need for the proposed use at its present location. It appears that the existing apartment does serve a community need by providing affordable housing to residents, many of whom work and live in the community. With housing affordability becoming a larger issue, particular when speaking of new dwellings, it would appear to be in the community's interest to retain such housing as long as it is already there and there do not appear to be viable alternatives to it under the existing zoning. As long as the existing structure remains economically viable it is unlikely to be replaced by a much less intense land use. b. Effect on Adjacent Property: The existing non-conforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare, vibration, etc. There is no indication that the existing use has created undue adverse impacts on the adjacent properties. This may in fact partly be because the structure appears to be relatively well maintained, as does its yard. It appears that the existing, four, on-site parking spaces and the lack of curb cuts along the street ensure adequate parking for the four units in the building. During the winter months there may be some shadowing to the property to the east and the abutting property owners probably have less outdoor privacy than they would if this were a single-family dwelling, however, these are not considered to be "undue adverse impacts". Aesthetically, the fourplex does not tie in very well with the residential character of the existing streetscape because of its flat roof, bulk, side yard rather than street orientation, and reduced front and rear yard setbacks.. c. Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing non-conforming use would not impede or delay the implementation of the City's Comprehensive Plan. Given the relatively small size of the current lot, some 5,000 square feet in area, as well as the location of this non-conforming use and structure mid-block with single-family detached housing abutting it to the north and south, as well as across the street to the east, it does not appear that retention of the existing non-conforming use would impede implementation of the City's Comprehensive Plan for this area which calls for Residential Single-Family. This is because the area already is developed predominantly as single-family dwellings and is currently zoned for this use, consistent with the Comprehensive Plan. Non-conforming Structure: The proponent must demonstrate that the request to re-establish the existing non- conforming structure, in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with the three relevant criteria identified above and taken from Section 4-31-19.1.6: a. Potential of the Site for Redevelopment: Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or, because the characteristics of adjacent permitted uses preclude their expansion. Because of the scale and density of development on the existing lot, it is unlikely to be a preferred site, at least initially, for redevelopment with lower density single-family uses. This is because the existing site is only large enough to support one single-family dwelling under the current zoning. Since redevelopment in unlikely except in the case of a total loss, this criterion appears to have been met. b. Condition of Building/Structure: If non-conforming as to the provisions of the City's Building Code, the building or structure has generally been well maintained and is not considered to be a threat to the public health or safety. July 7, 1995 Conditional iiitoroval Permit, 518 Williams Avenue Norcontinued Page 4 • From all exterior appearances, the existing structure is well maintained and is not considered to be a threat to the public health or safety of those living in the area. c. Departure from the Zoning Code: If non-conforming with the provisions of the City's Development Regulations, the building or structure does not pose a threat to the public health, welfare, or safety, or, it could be modified so as not to pose such a threat. Again, there is no indication that the existing structure poses a serious threat to the public health, welfare, or safety. RECOMMENDATION: 1. Based upon the above, the requested conditional approval permit to allow the existing use to be re-established in the case of an accidental catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non-conforming use shall not be re-established. 2. Based upon the above discussion, the requested conditional approval permit to allow the existing non-conforming structure to be re-established in the case of an accidental catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non-conforming use shall not be re-established. b. An application for site plan review shall be made if a catastrophic loss or an accumulative loss greater than fifty percent (50%) of the assessed value of the structure occurs within this ten (10) year period. The replacement structure shall be reviewed to ensure that it is architecturally in character in terms of its roof treatment, setbacks, etc. with the surrounding area at that time and, that it complies with all relevant building codes and the existing zoning codes then in place, to the extent possible. c. The extent of the existing non-conforming building that may be replaced with additional non-conforming structure shall not exceed the amount of the structure accidentally damaged. In no case shall any portion of a structure that has been found to have been intentionally damaged by the owner be allowed to be re- established unless done so consistent with all codes and regulations then in existence; and NOTES TO PROPERTY OWNER: a. Prior to any subsequent consideration of a another conditional approval permit for this site, the surrounding area shall be reassessed by the City based on the review criteria and conditions in existence at that time. b. The applicant shall prepare restrictive covenants satisfactory to the City Attorney that reflect these conditions and run with the site. These restrictive covenants shall be filed by the applicant or their representative with King County and verification of this filing shall be submitted to Development Services prior to this permit being issued. . July 7, 1995 Conditional Apr al Permit, 518 Williams Avenue North, Ttinued Page 5 APPROVAL SIGNATURES: Non-conforming Use Conditional Approval; The subject application was reviewed by the Renton City Council on and approved. Signed, on this , 1995: Marilyn Petersen, City Clerk Non-conforming Structure Conditional Approval Signed, on this , 1995: Michael D. Kattermann, Director Jim Hanson, Director Planning & Technical Services Development Services 518wilms.DOC T ':eiFy y lr ki.k t F ;; L= LI �'1 r� sr. .� '! \i ,, `. - :4« _;, _ w Al } • • J I J 9'1 12 28 r 00 L y f 1- . a yr .L i .• - �ei„.fC +F,yC;1-t K TZ b' z y: �".f _S..,- '.. M ._ rY v J I i :.., a -1 r ..lII1.11rLf • I i .Y.r.7w • . 0 1111111 , ..„•• . • . - Nmik---..,,,i.„ - — �' =n 111: LWI - ... ... , 4.; 1.11illiiiii''iiiii,‘". Q 9'-4 12 2 8 z 0 E- 0 z 0 ;ONDITIONAL APPROVAL PERMIT, 518 WILLIAMS AVE. NORTI c \ 900 \/, -- CC \ \\ /\\ R`1 C CD 405 -0 9 \. . .___- Q - t I ---_ �+ VP P � RM-I -0o_ IH � � IH .z_ a o z N 8th St. '' In Q IR /T- d -C- 0- 11 N6tlSt. , - `� I ' !E." FE it. ME HE __ OFF' IN ..r.gi- Co k. 0 • IN ill r th- St. ' 75R. Irill E1 11 = IL c Q •i '. r' MR EitTi: : C / no El EN ,,-- 1 s 'm �E. N 4th St. li it / HE t�� F�L LT � "' 5317 .r • PLANNING & DEVELOPMENT COMMITTEE CITY OF RENTON CONDITIONAL APPROVAL PERMIT APPLICATION REPORT AND RECOMMENDATION APPLICANT: CITY OF RENTON City Sponsored Conditional Approval of 535 Williams Avenue N. Apartments OWNERS: Philip and Grace Chan 7940-B Seward Park Avenue S.; Seattle 98118 LOCATION: 530 Williams Avenue North, Normar Apartments SUMMARY OF REQUEST: City sponsored conditional approval of a 0.11 acre site developed with a 2-story rectangular shaped four unit apartment building in order to legitimize both the non-conforming use and the non-conforming structure against their premature termination in the event of a catastrophic loss exceeding 50% of the value of the structure. SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve with Conditions RELEVANT REVIEW CRITERIA: Non-conforming Uses: In order to qualify for this permit at least three of the criteria listed in Section 4-31-19.1.5. must be complied with. The three most relevant criteria in this case are: • Community Need; • Effect on Adjacent Property; and • Timeliness with Existing Plans and Programs. Non-conforming Structures: In order to qualify for this permit at least three of the criteria listed in Section 4-31-19.1.5. must be complied with. The three most relevant criteria in this case are: • Potential of the Site for Redevelopment; • Condition of Building/Structure; and • Departure from the Zoning Code. FINDINGS, CONCLUSIONS, & RECOMMENDATIONS Having reviewed the relevant criteria in this matter, Staff make and enter the following: FINDINGS: July 25, 1995 Conditional ,roval Permit, 530 Williams Avenue Noricontinued Page 2 1. The City is processing approximately twelve conditional approval permit applications for projects that initially petitioned for Class 'A' - Non-conforming Use status before this was renamed and changed to the Conditional Approval Permit process. 2. Because there is no proposed change of use or modification of structures proposed as a consequence of these applications it was determined that these applications were SEPA exempt since these actions were seen as being administrative in nature. 3. Proposed enabling legislation for these applications has been reviewed by all departments with an interest in this issue and recommended for approval. 4. The site is located at 530 Williams Avenue North in a predominantly single-family area in North Renton that includes a fair number of other multi-family residential dwellings in this northwest corner of the neighborhood. 5. The existing rectangular building is a medium sized two-story wood-frame structure that was built most likely in the early 1960's. It is approximately 40 feet by 60 feet in size, with a flat roof and dark brown stained wood siding. The two-story building has larger windows facing the street as well as a partially landscaped front yard on Williams. The entrance to the four units is off the south sideyard. Here the entrance walkway is covered by a cantilevered balcony that runs across the south facade. 6. A five to seven foot sideyards exist along the north and south sides of the building and parking for six cars is provided at the rear of the building off of the alley. The building itself appears to be setback approximately ten feet from Williams Avenue North. 7. The subject site is approximately 5,000 square feet in area, comprising what previously was a single-family lot. Immediately to the north of the site between it and North 6th Street is a duplex, followed by a six-unit apartment building with a smaller single-family house at the corner of Williams Avenue N. and N. 6th Street. Across N. 6th Street to the north are Boeing office buildings. 8. A single-family one-story residential structure abuts the existing two-story multi-family building on the south. This and similar older homes in the area have greater setbacks from the street and larger rear yards than do most of the newer apartments. 9. The property owners have requested a conditional approval permit that would permit the existing multi-family use and the existing structure to be re-established in the event that a catastrophic accident destroys or severely damages the existing building. 10. The City rezoned the subject site from R-4 Multi-family Zone to the Single-family Residential Zone (now R-8) in June, 1993. As a consequence, the existing use and structure are considered to be legal non-conforming uses. 11. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of residential single-family uses since the site has a Residential Single Family land use designation. 13. Reflecting actual uses in the area, the zoning generally is R-8 to the south, east, and west of the site. However, two lots to the north the zoning changes into R-10. Basically the whole south side of North 6th Street is currently zoned R-10. The R-10 Zone allows medium density residential development in a mix that includes both single-family detached and attached dwellings, duplexes, triplexes and fourplexes, and townhomes at a density of up to 10 dwelling units per acre. 14. Given the average density of the current site at nearly 35 DU/AC, it is not compatible with either the R-8 or the R-10 Zones in the area. July 25, 1995 Conditional A wal Permit, 530 Williams Avenue Nord �ntinued Page 3 err sale CONCLUSIONS: Non-conforming Use: The proponent must demonstrate that the request to continue the existing non-conforming use, in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with at least three relevant criteria identified above and taken from Section 4-31-19.1.5: a. Community Need: There is a community need for the proposed use at its present location. It appears that the existing apartment does serve a community need by providing affordable housing to residents, many of whom it can be assumed work in the community. With housing affordability becoming a larger issue, particularly when compared with the cost of new, market rate dwellings, it would appear to be in the community's interest to retain such housing as long as it is already there and there do not appear to be viable alternatives to it under the existing zoning. As long as the existing structure remains economically viable it is unlikely to be voluntarily replaced by much less intense single-family structures. b. Effect on Adjacent Property: The existing non-conforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare, vibration, etc. There is no indication that the existing use has created undue adverse impacts on the adjacent properties. This may in fact partly be because the structure appears to be relatively well maintained as well as the fact that the majority of the surrounding structures are multi- family. Both to the north and across the street to the west are existing multi-family dwellings. Aesthetically, the 4 unit apartment building does not tie in very well with the residential character of the surrounding residential neighborhood. Although there are a number of other apartment buildings in the area, a number of these have used sloped roofs and other architectural features to tie in better with this character. The existing structure, because of its flat roof, poorly articulated entryway from the street, and lack of individual unit identity does little to enhance to single-family character. However, because of the relatively high number of existing apartment buildings in the immediate area, the subject site is not seen as having an "undue adverse effect" on adjacent properties in terms of noise, traffic, glare, and the like. c. Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing non-conforming use would not impede or delay the implementation of the City's Comprehensive Plan. Because of the size of the current lot, some 5,000 square feet in area, it does not appear that retention of the existing non-conforming use would impede implementation of the City's Comprehensive Plan for this area which calls for Residential Single-Family. This is because single-family detached housing already abuts the site to the south, as well as across the street to the west. Because of the number of existing multi-family dwellings around the site that appear to be fairly well maintained it is unlikely that this area will convert to single- family without substantial change occuring elsewhere as well. It likely will be a number of years before market forces are such that this area will be considered "prime" for single- family uses. If this 5,000 sq. ft. site were redeveloped for single-family residential it could only accomodate one unit. Non-conforming Structure: The proponent must demonstrate that the request to re-establish the existing non- conforming structure, in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with the three relevant criteria identified above and taken from Section 4-31-19.1.6: July 25, 1995 Conditional 4iirooroval Permit, 530 Williams Avenue NoNok4 continued Page 4 • a. Potential of the Site for Redevelopment: Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or, because the characteristics of adjacent permitted uses preclude their expansion. Because of the scale and density of development on the existing lot (± 35 DU/AC), it is unlikely to be a preferred site, at least initially, for redevelopment with one single-family dwellings at a density of± 8 DU/AC. This is because the existing 5,000 sq. ft. site is only large enough to support one single-family dwelling under the current R-8 zoning. Since redevelopment to a much lower density is unlikely, except possibly in the case of a total loss, and even then, likely would not occur immediately, it appears that the intent of this criterion, at least for the short term, has been met. b. Condition of Building/Structure: If non-conforming as to the provisions of the City's Building Code, the building or structure has generally been well maintained and is not considered to be a threat to the public health or safety. From all exterior appearances, the existing structure is well maintained and is not considered to be a threat to the public health or safety of those living in the surrounding area. c. Departure from the Zoning Code: If non-conforming with the provisions of the City's Development Regulations, the building or structure does not pose a threat to the public health, welfare, or safety, or, it could be modified so as not to pose such a threat. Again, there is no indication that the existing structure poses a serious threat to the public health, welfare, or safety of the surrounding community for many of the reasons set out above. RECOMMENDATION: 1. Based upon the above, the requested conditional approval permit to allow the existing use to be re-established in the case of an accidental catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non-conforming use shall not be re-established. 2. Based upon the above discussion, the requested conditional approval permit to allow the existing non-conforming structure to be re-established in the case of an accidental catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non-conforming use shall not be re-established. b. An application for site plan review shall be made if a catastrophic loss or an accumulative loss greater than fifty percent (50%) of the assessed value of the structure occurs within this ten (10) year period. The replacement structure shall be reviewed to ensure that it is architecturally in character in terms of its roof and facade treatment, setbacks, etc., with the surrounding area at that time and, that it complies with all relevant building codes and the existing zoning codes then in place, to the extent possible; and July 25, 1995 Conditional Ai "val Permit, 530 Williams Avenue North )ntinued Page 5 New- c. The extent of the existing non-conforming building that may be replaced with additional non-conforming structure shall not exceed the amount of the structure accidentally damaged. In no case shall any portion of a structure that has been found to have been intentionally damaged by the owner be allowed to be re- established unless done so consistent with all codes and regulations then in existence. NOTES TO PROPERTY OWNER: a. Prior to any subsequent consideration of a another conditional approval permit for this site, the surrounding area shall be reassessed by the City based on the review criteria and conditions in existence at that time. b. The applicant shall prepare restrictive covenants satisfactory to the City Attorney that reflect these conditions and run with the site. These restrictive covenants shall be filed by the applicant, or their representative, with King County and verification of this filing shall be submitted to Development Services prior to this permit being issued. APPROVAL SIGNATURES: Non-conforming Use Conditional Approval; The subject application was reviewed by the Renton City Council on and approved. Signed, on this , 1995: Marilyn Petersen, City Clerk Non-conforming Structure Conditional Approval Signed, on this , 1995: Michael D. Kattermann, Director Jim Hanson, Director Planning & Technical Services Development Services 5 18wilms.DOC 4, , ' • iwiwil' Nor . . • . • ._..__ ,•.•• ----• • ----,-.7,---••• ,•- •• .,..,"1:1•.!••5`'' .-' ' A (i.4 %."7-..,W•--:-,-z.:1-- . it- . _..... ,.. d• . .1.-...7.----. . ... .• .. . • .•' _'"_'''.. '"°'"...••••••••.m•.•..,.........,....... . t,i,i 4•. - l.:717 4............,-. ..........- ...- - ..' - lit;,.... '-as ' • to _____----_---____- , -7--• atm.: .... 11P71,,,\, ,. . , _________Iimi ,, •,_______ . 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Apartments OWNERS: Philip and Grace Chan 7940-B Seward Park Avenue S.; Seattle 98118 LOCATION: 435 Williams Avenue North SUMMARY OF REQUEST: City sponsored conditional approval of a 0.33 acre site developed with a 3-story rectangular shaped sixteen unit apartment building in order to legitimize both the non-conforming use and the non-conforming structure against their premature termination in the event of a catastrophic loss exceeding 50% of the value of the structure. SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve with Conditions RELEVANT REVIEW CRITERIA: Non-conforming Uses: In order to qualify for this permit at least three of the criteria listed in Section 4-31-19.1.5. must be complied with. The three most relevant criteria in this case are: • Community Need; • Effect on Adjacent Property; and • Timeliness with Existing Plans and Programs. Non-conforming Structures: In order to qualify for this permit at least three of the criteria listed in Section 4-31-19.1.5. must be complied with. The three most relevant criteria in this case are: • Potential of the Site for Redevelopment; • Condition of Building/Structure; and • Departure from the Zoning Code. FINDINGS, CONCLUSIONS, & RECOMMENDATIONS Having reviewed the relevant criteria in this matter, Staff make and enter the following: FINDINGS: July 18, 1995Conditional Ar -oval Permit, 535 Williams Avenue North ^ontinued Page 2 • 1. The City is processing approximately twelve conditional approval permit applications for projects that initially petitioned for Class 'A' - Non-conforming Use status before this was renamed and changed to the Conditional Approval Permit process. 2. Because there is no proposed change of use or modification of structures proposed as a consequence of these applications it was determined that these applications were SEPA exempt since these actions were seen as being administrative in nature. 3. Proposed enabling legislation for these applications has been reviewed by all departments with an interest in this issue and recommended for approval. 4. The site is located at 435 Williams Avenue North in a predominantly single-family area in North Renton that does include a scattering of multi-family residential dwellings in the neighborhood. 5. The existing off-set rectangular building is a large three-story wood-frame structure that was built most likely in the late 1960's. It is approximately 90 feet by 120 feet in size, with a flat roof and is shingle and stucco sided . The lower level of the structure has vertical stucco finished concrete walls while the upper two floors that house the 16 individual appartments are enclosed with a steeply sloping (nearly vertical) mansard style roof-wall treatment. A lobby element protrudes at the front of the building and helps to break up this large structure's massing, as does the mansard style treatment of its upper two stories. 6. A ten to 15 foot sideyard exists on the south side of the building and a smaller sideyard appears to exist on the north side. The main building, excluding the lobby protrusion, appears to be setback approximately 25 feet from Williams Avenue N. for the southern half of the building and approximately 18' or 20' for the northern half of the building. The lobby, near the center of the street facade appears to be set back approximately 10 feet from the street. 7. The subject site is approximately 14,240 square feet in area, comprising what previously were three single-family lots. 8. Although much of the front yard is paved there are three, approximately 8' X 15', slightly raised planters with beauty bark and shrubs or trees along the street. Bermed planters with more extensive landscaping would do much more to soften the somewhat harsh streetscape. 9. Single-family one-story residential structures abut the existing three-story multi-family building on the north and south as well as behind it across the alley to the west (one structure), and across Williams Avenue N. to the east (three structures). These older homes also have greater setbacks from the street and larger rear yards, thus adding to the apparent bulk of the subject sixteen-unit apartment building. Clearly, the scale and bulk of this larger structure exceeds that of anything in the near vicinity. 10. The property owners have requested a conditional approval permit that would permit the existing multi-family use and the existing structure to be re-established in the event that a catastrophic accident destroys or severely damages the existing building. 11. The City rezoned the subject site from R-4 Multi-family Zone to the Single-family Residential Zone (now R-8) in June, 1993. As a consequence, the existing use and structure are considered to be legal non-conforming uses. 12. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of residential single-family uses since the site has a Residential Single Family land use designation. 13. Reflecting actual uses in the area, the zoning generally is R-8 to the north, east, and south of the site. However, across the alley to the west the zoning is R-10. Basically the whole east side of Burnett Avenue North between North 4th Street and North 6th Street is currently zoned R-10. The July 18, 1995Conditional Ap- oval Permit, 535 Williams Avenue North ontinued Page 3 Now Nose R-10 Zone allows medium density residential development in a mix that includes both single-family detached and attached dwellings, duplexes, triplexes and fourplexes, and townhomes at a density of up to 10 dwelling units per acre. 14. Given the average density of the current site at nearly 49 DU/AC, it is not compatible with either the R-8 or the R-10 Zones in the area. CONCLUSIONS: Non-conforming Use: The proponent must demonstrate that the request to continue the existing non-conforming use, in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with at least three relevant criteria identified above and taken from Section 4-31-19.1.5: a. Community Need: There is a community need for the proposed use at its present location. It appears that the existing apartment does serve a community need by providing affordable housing to residents, many of whom it can be assumed work in the community. With housing affordability becoming a larger issue, particular when compared with the cost of new, market rate dwellings, it would appear to be in the community's interest to retain such housing as long as it is already there and there do not appear to be viable alternatives to it under the existing zoning. As long as the existing structure remains economically viable it is unlikely to be voluntarily replaced by much less intense single-family structures. b. Effect on Adjacent Property: The existing non-conforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare, vibration, etc. There is no indication that the existing use has created undue adverse impacts on the adjacent properties. This may in fact partly be because the structure appears to be relatively well maintained as well as the fact that the majority of the surrounding houses are set back fifty feet (50') or more. It appears that the existing, on-site, multi-car parking garage and front yard spaces ensure adequate parking for the 16 units in the building. During the winter months there may be substantial shadowing to the property to the north as well as to a lesser extent the properties in the R-10 Zone across the alley to the west. Also, the abutting property owners probably have less outdoor privacy than they would if this were a single-family dwelling, however, these are not considered to be "undue adverse impacts". Aesthetically, the 16 unit apartment building does not tie in very well with the residential character of the existing streetscape primarily because of its flat roof, massive bulk, and reduced front and rear yard setbacks. Clearly, the structure is less visually intrusive with its shingle sided top two floors than it would have been if left as a three story stucco finished box. Also, the larger curb cuts and extensive paving in the front yard are not characteristic of most single-family zoned older neighborhoods. c. Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing non-conforming use would not impede or delay the implementation of the City's Comprehensive Plan. Because of the size of the current lot, some 14,000 square feet in area, it does not appear that retention of the existing non-conforming use would impede implementation of the City's Comprehensive Plan for this area which calls for Residential Single-Family. This is because single-family detached housing already abuts the site to the north and south, as well as across the street to the east. At the most, this site if redeveloped for single-family uses, could only accomodate three single-family dwelling units. Also, it does not appear that a robust market for new single-family homes exists at this time in the area. In the future, however, this could change. July 18, 1995Conditional Ar Permit, 535 Williams Avenue Nortontinued Page 4 • WINO Non-conforming Structure: The proponent must demonstrate that the request to re-establish the existing non- conforming structure, in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with the three relevant criteria identified above and taken from Section 4-31-19.1.6: a. Potential of the Site for Redevelopment: Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or, because the characteristics of adjacent permitted uses preclude their expansion. Because of the scale and density of development on the existing lot, it is unlikely to be a preferred site, at least initially, for redevelopment with lower density single-family uses. This is because the existing site is only large enough to support three single-family dwellings under the current R-8 zoning. Since redevelopment to a much lower density is unlikely, except possibly in the case of a total loss, and even then, likely would not occur immediately, it appears that the intent of this criterion, at least for the short term, has been met. b. Condition of Building/Structure: If non-conforming as to the provisions of the City's Building Code, the building or structure has generally been well maintained and is not considered to be a threat to the public health or safety. From all exterior appearances, the existing structure is well maintained and is not considered to be a threat to the public health or safety of those living in the surrounding area. c. Departure from the Zoning Code: If non-conforming with the provisions of the City's Development Regulations, the building or structure does not pose a threat to the public health, welfare, or safety, or, it could be modified so as not to pose such a threat. Again, there is no indication that the existing structure poses a serious threat to the public health, welfare, or safety of the surrounding community for many of the reasons set out above. RECOMMENDATION: 1. Based upon the above, the requested conditional approval permit to allow the existing use to be re-established in the case of an accidental catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non-conforming use shall not be re-established. 2. Based upon the above discussion, the requested conditional approval permit to allow the existing non-conforming structure to be re-established in the case of an accidental catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non-conforming use shall not be re-established. b. An application for site plan review shall be made if a catastrophic loss or an accumulative loss greater than fifty percent (50%) of the assessed value of the structure occurs within this ten (10) year period. The replacement structure shall be reviewed to ensure that it is architecturally in character in terms of its roof July 18, 1995Conditional Apr-,oval Permit, 535 Williams Avenue North ^.ontinued Page 5 treatment, setbacks, etc. with the surrounding area at that time'and, that it complies with all relevant building codes and the existing zoning codes then in place, to the extent possible; and c. The extent of the existing non-conforming building that may be replaced with additional non-conforming structure shall not exceed the amount of the structure accidentally damaged. In no case shall any portion of a structure that has been found to have been intentionally damaged by the owner be allowed to be re- established unless done so consistent with all codes and regulations then in existence. NOTES TO PROPERTY OWNER: a. Prior to any subsequent consideration of a another conditional approval permit for this site, the surrounding area shall be reassessed by the City based on the review criteria and conditions in existence at that time. b. The applicant shall prepare restrictive covenants satisfactory to the City Attorney that reflect these conditions and run with the site. These restrictive covenants shall be filed by the applicant, or their representative, with King County and verification of this filing shall be submitted to Development Services prior to this permit being issued. APPROVAL SIGNATURES: Non-conforming Use Conditional Approval; The subject application was reviewed by the Renton City Council on and approved. Signed, on this , 1995: Marilyn Petersen, City Clerk Non-conforming Structure Conditional Approval Signed, on this , 1995: Michael D. 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F23 01 j00 Q�O,LO 4' r 23 c3 1'°100 . ,'o°5y 4 . 2J2tL7 4�La d 0 SO t .q10 0° rQ °,J e 24 Aga, .to,5 3 r 24 °t55 .''°,y5 3 t 24 !� 0.3. °' . ° re7 J ° I _ SJ ...., Zd0 1 " ,°°° .4J h 25 "a'i0 J+�,a 2 ; 25 loJ,u 2 r 72F/ _ °,Ly .aa,° Z ♦ °' ° tz0 1i7 Il 4, 1 ...00 400 (» . 0°0 a° , ti 25 y01y5 5;a,0s 1°, ti 26 ot'i ' y';L',= °'' Ii a+29 } ,y5 a ► , 1 f07 /OS CO .Jet 1. 7 I r.7 I .op JO JO ,00 at ,eo t A 0 C 1ni:11 A .Je.r.etn Nnrth LanartmentS PLANNING & DEVELOPMENT COMMITTEE CITY OF RENTON CONDITIONAL APPROVAL PERMIT APPLICATION REPORT AND RECOMMENDATION APPLICANT: CITY OF RENTON City Sponsored Conditional Approval of Traditional Family Care Property Site LOCATION: 920 North 1st Street SUMMARY OF REQUEST: City sponsored conditional approval of 0.23 acre site developed with a one-story "L"-shaped building occupied by professional offices in order to legitimize this non-conforming use and structure against their premature termination in the event of an accidental catastrophic loss to the structure. SUMMARY OF ACTION: Planning & Technical Services Recommendation: Approve with conditions. RELEVANT REVIEW CRITERIA: Non-conforming Uses: Pursuant to Section 4-31-19.1.5. the following three use criteria are relevant to this application: • Community Need; • Effect on Adjacent Property; and, • Timeliness with Existing Plans and Programs. Non-conforming Structures: Pursuant to Section 4-31-19.1.6., the following three structure related criteria are relevant to this application: • Potential of the Site for Redevelopment; • Condition of Building/Structure; and, • Departure from the Zoning Code. FINDINGS, CONCLUSIONS, & RECOMMENDATIONS Having reviewed the relevant criteria in this matter, Staff make and enter the following: FINDINGS: 1 . The applicant, the City of Renton, is processing approximately ten conditional approval permit applications for projects that initially petitioned for Class 'A' - Non-conforming Use status before this was changed to the new Conditional Approval Permit process. 2. Because there is no proposed change of use or modification of structures proposed as a consequence of these applications it was determined that these applications were SEPA exempt since these actions were seen as being administrative in nature. July 7, 1995 Conditional Aval Permit Application Report, 920 1st Ave continued Page 2 3. Proposed enabling legislation for these applications has been reviewed by all departments with an • interest in this issue. 4. The subject site is commonly known as the Traditional Family Care Building site. The site is located at 920 North 1st Street (at the corner of North 1st Street and Pelly Avenue North) in a predominantly mixed density residential area that includes single-family dwellings, some duplex residential, and a scattering of one-story professional offices buildings. 5. The existing building is a one-story "L"-shaped wood-frame structure with flagstone veneer. The two wings that comprise the two sides of the "L" are approximately 30 feet by 100 feet in size, each. A more decorative entrance facade fronts on North 1st Street. The rest of the building consists of long unbroken facades and parapetted flat roof. 6. The subject site is approximately 6,622 square feet in area. 7. The front of the building facing onto North 1st Street is setback approximately 10 feet from the street property line and is landscaped with lawn and decorative evergreen shrubs. Scattered along the side and rear facades are taller evergreen shrubs that help reduce the apparent bulk of the structure. 8. The one-story North Renton Professional Building abuts the subject site to the north. This is a residential looking wood-frame structure with partial brick veneer facades. 9. The property owner is seeking a conditional approval permit that will permit the existing professional office use and the structure it is housed in to be re-established in the event that a catastrophic accident destroys or severely damages the existing building. 10. The City has recently rezoned the subject site from the Public Use (P-1) Zone to the R-10 Residential Zone. 11. The Comprehensive Plan designates subject site as Residential Options: suitable for single family, duplex, triplex, and fourplex residential structures. 12. Reflecting actual uses in the area, the zoning generally is R-8 to the north of the site and R-8 zoning east of the site. However, there is also R-10 zoning immediately to the northwest of the site on a triangular lot across the alley as well as R-10 zoning on the site immediately north and abutting the site. Additional R-10 zoning exists to the south across North 1st Street. CONCLUSIONS: Non-conforming Use: The proponent, must demonstrate that the request to continue the existing non-conforming use in the event of a catastrophic loss or damage to the premises is in the public interest and that it complies with at least three of the five criteria identified in Section 4-31-19.1.5: a. "Community Need: There is a community need for the proposed use at its present location." It appears that the existing facility does serve residents and employees in the surrounding North Renton area as well as patients from elsewhere in the city including the downtown area. With many medical facilities having relocated to the area along S. Talbot Road and SW 43rd/Carr Road, it would appear to be in the community's interest to retain such a health care facility nearby to a larger residential population. b. "Effect on Adjacent Property: The existing non-conforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare vibration, etc." July 7, 1995 Conditional App' I Permit Application Report, 920 1st Ave, F ontinued Page 3 There is no indication that the proposed use has created undue adverse impacts on the adjacent properties. This may in fact partly be because two of the three sides of the site are bordered by streets and the property on the third, the abutting property line, is a similar one- story professional office building. c. "Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing non-conforming use would not impede or delay the implementation of the City's Comprehensive Plan." Given the relatively small size of the current lot, some 6,622 square feet in area, as well as the costs of redeveloping this non-residential use to a residential use, the site would appear less desirable for new single-family, duplex, triplex or fourplex housing than larger sites across the North 1st Street to the south which also have this same zoning. It therefore does not appear that retention of the existing non-conforming use would impede implementation of the City's Comprehensive Plan in the surrounding area during the near term. Non-conforming Structure The proponent, must demonstrate that the request to re-establish the existing non- conforming structure in the event of a catastrophic loss or damage to the premises, is in the public interest and that it complies with at least three of the five criteria identified in Section 4-31-19.1.6: a. "Potential of the Site for Redevelopment: Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or, because the characteristics of adjacent permitted uses preclude their expansion." Because of the relatively small size of the existing lot it and its irregular shape and size, it is less efficient than larger more traditional rectangular sites for redevelopment with mixed density residential uses. Unless this site were to be combined with the abutting site to the north, it seems unlikely that an efficient mixed-residential development allowed under the R- 10 zoning would occur in the immediate future. b. "Condition of Building/Structure: If non-conforming as to the provisions of the City's Building Code, the building or structure has generally been well maintained and is not considered to be a threat to the public health or safety." From all exterior appearances, the existing structure is well maintained and is not considered to be a threat to the public health or safety. c. "Departure from the Zoning Code: If non-conforming with the provisions of the City's Development Regulations, the building or structure does not pose a threat to the public health, welfare, or safety, or, it could be modified so as not to pose such a threat." Again, there is no indication that the existing structure poses a threat to the public health, welfare, or safety. RECOMMENDATION: 1 . Based upon the above, the requested conditional approval permit to allow the existing use to be re-established in the case of a catastrophic loss or damage to the structure should be allowed subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non- conforming use shall not be re-established. b. New tenants shall be informed in writing about the non-conforming status of the existing use and structure and the fact that this conditional approval permit for the non- July 7, 1995 Conditional Aval Permit Application Report, 920 1st Ave continued Page 4 conforming use is initially granted for a period not exceeding ten (10) years, although subsequent permits might be issued if conditions at the time still warrant. 2. Based upon the above discussion, the requested conditional approval permit to allow the existing structure to be re-established in the case of a catastrophic loss or damage to the structure should be granted subject to the following conditions: a. The conditional approval permit shall be in effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs within the conditional approval permit period and the site is not redeveloped within two years, the non- conforming use shall not be re-established; b. The extent of the existing non-conforming building that may be replaced with additional non-conforming structure shall not exceed the amount of the structure accidentally damaged. In no case shall any portion of a structure that has been found to have been intentionally damaged by the owner be allowed to re-establish itself unless it does so consistent with all codes and regulations then in existence; and c. An application for site plan review shall be made if a catastrophic loss or if an accumulative loss greater than fifty percent (50%) of the assessed value of the structure occurs within this ten (10) year period. The replacement structure shall be reviewed to ensure that it is architecturally in character with the surrounding area and, that it complies with all relevant building codes and the existing zoning codes then in place, to the extent possible. NOTES TO PROPERTY OWNER: 1) Prior to any subsequent consideration of a another conditional approval permit for this site, the surrounding area shall be reassessed by the City based on the review criteria and conditions in existance at that time. 2) The applicant shall prepare restrictive covenants satisfactory to the City Attorney that reflect these conditions and run with the site. These restrictive covenants shall be filed by the applicant or their representative with King County and verification of this filing shall be submitted to Development Services prior to this permit being issued. APPROVAL SIGNATURES: Non-conforming Use Conditional Approval The subject application was reviewed by the Renton City Council on and approved. Signed, on this , 1995: Marilyn Petersen, City Clerk R July 7, 1995 Conditional App I Permit Application Report, 920 1st Ave, t ontinued Page 5 fir. Non-conforming Structure Conditional Approval Signed, on this , 1995: Michael D. Kattermann, Director Jim Hanson, Director Planning & Technical Services Development Services 920n 1 st.DOC f r J I ti.- 1r wiw I- ,. .F ,- ._ r to r Qrc fi. a 5' ""iy'y�'.9.j� 4, 1,. `•'Xt•z/4%-1 `+-i `• _ z t M 2 W 4-1 CD , __ d) L1- - - 444 _____ , ill . .r ram. - H•_�4+. ._ „�a....� 1"�'.` ,. - _ .. w�. .-_ - .,.. _... raw _-d 2 n ~ • --- y T 1 `t Ts3 r y a 0 CC a. 0 a } MIMI E-- f== = 1�9sj --_ _ _ •r____- o - _ _ , % - a ae . 0 i ) \ I ate...- I 1 `., r j Z :.7u, � ° '�� • I L Iars 3 �' e o /9 j9 � 'wilez ,o " o / tyoS7R a�o:Jo� '.� , ^ o !6 f, -7 AW 00 2. `xO� 23 5 a o ° 5375d 5a7c .. , • 20 21 ICo 'Z m 20 y \ 050 7 tI '� 20 p3go �, 0315 • .. o ., N +s.s ��.s. 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I I O .�� PII I !l •IT: z E Q Z < O Q o ;;'' -- CITY` )F RENTON "LL City Clerk Jesse Tanner,Mayor Marilyn J.Petersen February 12, 1996 Dr. Ze've Young 920 North 1st Street Renton, WA 98055 Re: Public Hearing on Conditional Use Permit Approval Dear Dr. Young: The Renton City Council has fixed February 19, 1996, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055. Your request for Conditional Use Permit approval will be considered to reestablish use and structure for your property located at 920 N. First Street in the event of a catastrophic event where damages exceed 50% of the appraised valuation of the use and structure (Reference: Non-Conforming Use Ordinance). All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Sincerely, Marilyn 7 rsen, CMC City Clerk cc: Don Erickson,-Planning Division • 200 Mill Avenue South - Renton,Washington 98055 - (206)235-2501 C,, This paper contains 50%recycled material,25%post consumer c: : CITY`�)F RENTON City Clerk Jesse Tanner,Mayor Marilyn J.Petersen February 8, 1996 WI\'°(111(),p1 Donald & Mary Hamblin 13025 138th Ave SE Renton, WA 98059 Re: Public Hearing on Conditional Use Permit Approval Dear Mr. and Mrs. Hamblin: The Renton City Council has fixed February 19, 1996, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055. Your request for Conditional Use Permit approval will be considered to reestablish use and structures for your property located at 920 N. First Street in the event of a catastrophic event where damages exceed 50% of the appraised valuation of the use and structures (Reference: Non-Conforming Use Ordinance). All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Sincerely, Marilyn J. et en, CMC City Clerk cc: Don Erickson, Planning Division 200 Mill Avenue South- Renton,Washington 98055 - (206)235-2501 ®This paper contains 50%recycled material,25%post consumer ;; `' CITYF RENTON 4 City Clerk Jesse Tanner,Mayor Marilyn J.Petersen February 8, 1996 Philip & Grace Chan 7940 - B Seward Park Ave S Seattle, WA 98118 Re: Public Hearing on Conditional Use Permit Approval Dear Mr. and Mrs. Chan: The Renton City Council has fixed February 19, 1996, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055. Your request for Conditional Use Permit approval will be considered to reestablish use and structures for your property located at 530 Williams Avenue N. and 435 Williams Avenue N. in the event of a catastrophic event where damages exceed 50% of the appraised valuation of the use and structures (Reference: Non- Conforming Use Ordinance). All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Sincerely, Marilyn . ersen, CMC City Clerk cc: Don Erickson, Planning Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ®This paper contains 50%recycled material,25%post consumer 4p r7- `or' CITY'OF RENTON City Clerk Jesse Tanner,Mayor Marilyn J.Petersen February 8, 1996 Ernest J. Tonda 528 Edmonds Ave NW Renton, WA 98056-3636 Re: Public Hearing on Conditional Use Permit Approval Dear Mr. da: The Renton City Council has fixed February 19, 1996, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the a Renton Municipal Building, 200 Mill Avenue South, Renton 98055. Your request for Conditional Use Permit approval will be considered to reestablish use and structures for your property located at 518 Williams Avenue N. in the event of a catastrophic event where damages exceed 50% of the appraised valuation of the use and structures (Reference: Non-Conforming Use Ordinance). All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Sincerely, Marilyn . P t sen, CMC City Clerk cc: Don Erickson, Planning Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ®This paper contains 50%recycled material,25%post consumer ,'% ,`� CITY` F RENTON -;;AL City Clerk Jesse Tanner,Mayor Marilyn J.Petersen February 8, 1996 Gary Castagno, President Key Trucking 423S7thSt Renton, WA 98055 Re: Public Hearing on Conditional Use Permit Approval Dear Mr. Castagno: The Renton City Council has fixed February 19, 1996, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055. Your request for Conditional Use Permit approval will be considered to reestablish use for your property located at 423 S 7th St. in the event of a catastrophic event where damages exceed 50% of the appraised valuation of the use (Reference: Non-Conforming Use Ordinance). All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Sincerely, Marilyn J t sen, CMC City Clerk cc: Don Erickson, Planning Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ®This paper contains 50%recycled material,25%post consumer CITY'OF RENTON City Clerk Jesse Tanner,Mayor Marilyn J.Petersen February 8, 1996 Michael T. Donnelly, DDS 626 Shattuck Ave S Renton, WA 98055 Re: Public Hearing on Conditional Use Permit Approval Dear Dr. Donnelly: The Renton City Council has fixed February 19, 1996, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055. Your request for Conditional Use Permit approval will be considered to reestablish use and structure for your property located at 626 Shattuck Avenue S. in the event of a catastrophic event where damages exceed 50% of the appraised valuation of the use and structure (Reference: Non-Conforming Use Ordinance). All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Sincerely, Marilyn J 1'isen, CMC City Clerk cc: Don Erickson, Planning Division 200 Mill Avenue South- Renton, Washington 98055 - (206)235-2501 ®This paper contains 50%recycled material,25%post consumer CITY`OF RENTON City Clerk Jesse Tanner,Mayor Marilyn J.Petersen February 8, 1996 James J. Tomer, President Pro-Team Marketing 514 Auburn Way N Auburn, WA 98002 Re: Public Hearing on Conditional Use Permit Approval Dear Mr. Tomer: The Renton City Council has fixed February 19, 1996, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055. Your request for Conditional Use Permit approval will be considered to reestablish use and structure for your property located at 113 Pelly Avenue W. in the event of a catastrophic event where damages exceed 50% of the appraised valuation of the use and structure (Reference: Non-Conforming Use Ordinance). All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Sincerely, Marilyn J. sen, CMC City Clerk cc: Don Erickson, Planning Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ®This paper contains 50%recycled material,25%post consumer %re rr-7:--.„ CITIC*OF RENTON City Clerk Jesse Tanner,Mayor Marilyn J.Petersen February 8, 1996 • Neal S. Jensen 112 Pelly Ave N Renton, WA 98055 Re: Public Hearing on Conditional Use Permit Approval Dear Mr. Jensen: The Renton City Council has fixed February 19, 1996, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055. Your request for Conditional Use Permit approval will be considered to reestablish use for your property located at 112 Pelly Avenue N. in the event of a catastrophic event where damages exceed 50% of the appraised valuation of the use (Reference: Non-Conforming Use Ordinance). All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Sincerely, Marilyn . ersen, CMC City Clerk cc: Don Erickson, Planning Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ®This paper contains 50%recycled material,25%post consumer ;; F `•' CITY``OF RENTON City Clerk Jesse Tanner,Mayor Marilyn J.Petersen February 8, 1996 Darvin Thuringer 405 Williams Ave N Renton, WA 98055 Re: Public Hearing on Conditional Use Permit Approval Dear Mr. Thuringer: The Renton City Council has fixed February 19, 1996, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building,200 Mill Avenue South, Renton 98055. Your request for Conditional Use Permit approval will be considered to reestablish use and structure for your property located at 405 Williams Avenue N. in the event of a catastrophic event where damages exceed 50% of the appraised valuation of the use and structure (Reference: Non-Conforming Use Ordinance). All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Sincerely, • Marilyn . P sen, CMC City Clerk cc: Don Erickson, Planning Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ®This paper contains 50%recycled material,25%post consumer 61/ 4D- Ofirna/i°- (16-- 01/kt d57/7d 14 4_ .Qtprite ce 10-:74 k)-_ -ro.774)47 ,9 xtes / wpl7762 5?vrte as /074 24/frv__ pr tetPm:T/A kw() Te4t-/-0)q wq . #//, 7,7awe 117/1, dha-tJ-( #Y0 VNW) 1/(ook /3oZ� / A1 - - 9?:0�v J Donald K. Erick , From: Judith •_. Wright To: Sue A. C. son; Donald K. Erickson; Michael Kattermann Date Sent: Thu, Feb 1, •96 3:08PM When: Mon, Feb 05, ?96, 8:00AM - 8:30AM Subject: Downtown Work ' •gram-MK's office This is tentative. Page 1 voo CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed February 19, 1996, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055, to consider the following: Nine requests for Conditional Use Permit approval to reestablish use and/or structure in the event of a catastrophic event where damages exceed 50% of the appraised valuation of the use/structure (Reference: Non-Conforming Use Ordinance). 1. 405 Williams Avenue S. - triplex structure (use & structure) 2. 112 Pelly Avenue N. - optometry office (use) 3. 113 Pelly Avenue N. - medical/dental building (use & structure) 4. 626 Shattuck Avenue S. - dental offices (use & structure) 5. 423 S. 7th Street - warehouses with office above one building (use) 6. 518 Williams Avenue N. - multifamily apts. (use & structure) 7. 530 Williams Avenue N. - multifamily apts. (4 dwelling units) (use & structure) 8. 435 Williams Avenue N. - multifamily apts. (16 dwelling units) (use & structure) 9. 920 N. 1st Street - medical clinic (use & structure) All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Marilyn tersen, CMC City Clerk Published: Valley Daily News February 9, 1996 Account No. 50640 cl!jr V� 0 0 Nom (� e 4( � D *cocJ � ;; ncn C...) N o : r U) w 0 a) a, m rnx P. 'v cn -o cri m -• c- wco x0o) g Z Et wpT j1;:;;»;. < .Wp m o0 o,3 g <0oa cwsi ? co _IFT � 3 " E c° g- (N � � a. W 3 N � O �. 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N flflU � rwDrD IC 0 0 �' o c to = Nfte February 5. 1996 Renton City Council Minutes "'' Pane 39 Rezone: Renton School An ordinance was read changing the zoning classification of the Renton District #403 School District #403 Headquarters property, 1.07 acres located at 435 Main Headquarters, 435 Main Ave. S., from P-1 (Public Use) to CD (Center Downtown), File No. R-95-117. Ave S, to CD MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/12/96. CARRIED. Rezone: Tonkins Park, An ordinance was read changing the zoning classification of the Tonkins Park from P-1 to CD property, approximately 0.163 acres located at S. 4th St. and Williams Ave. S., from P-1 (Public Use) to CD (Center Downtown), File No. R-95-110. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/12/96. CARRIED. Rezone: US Post Office, An ordinance was read changing the zoning classification of the U.S. Post 314 Williams, to CD Office property, 0.67 acres located at 314 Williams Ave. S., from P-1 (Public Use) to CD (Center Downtown), File No. R-95-118. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/12/96. CARRIED. Planning: Non-conforming An ordinance and summary ordinance were read amending sections 4-31-2.N, Uses and Structures 4-31-19 and 4-31-23 of Chapter 31, Zoning Code, of Title IV (Building (Zoning Code Regulations) of City Code relating to the establishment of a process for Amendments) dealing with legal non-conforming uses and structures. MOVED BY KEOLKER-WHEELER, SECONDED BY PARKER, COUNCIL REFER THE ORDINANCE AND SUMMARY ORDINANCE FOR SECOND AND FINAL READING ON 2/12/96. CARRIED. The following ordinances were presented for second and final reading: Ordinance #4578 An ordinance was read annexing approximately 4.4 acres located at the Annexation: AnMarCo, intersection of Beacon Coal Mine Road and 68th Ave. S. to the City of Beacon Coal Mine WHEELER COUNCILton (AnMarCo). OA VED BY EDWARDS, SECONDED BY KER- Rd/68th Ave S DOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. Ordinance #4579 An ordinance was read establishing the zoning classification of the AnMarCo Annexation: AnMarCo annexation area as Heavy Industrial (IH). MOVED BY EDWARDS, Zon AvBeae nS Coal Mine ORDINAED BY KEOLKER-WHEELER,ANCE AS PRESENTED. ROLL CAOUNCIL ADOPT LL: ALL AYES. CARRIED. Rd/68th Ave S NEW BUSINESS Councilman Edwards announced that Metro will hold open houses on Transportation: Metro February 7th, 10th and 13th on the redesigning of Renton's mass transit Transit Changes Renton, service system. Those interested in learning more can call the City's Public Process Transportation Division or pick up a brochure at City Hall. AUDIENCE COMMENT Rob McKenna, 60541 - 118th Ave. SE, Bellevue, King County Councilman Citizen Comment representing most of Renton, stated that as a member of the Regional Transit McKenna - RTA Plan and Authority (RTA) Board, he was very interested to hear the Renton Council's Metro Transit Changes in reaction to the proposed RTA plan. Adding that he was looking forward to Renton working with Council on these issues, Mr. McKenna said Renton's participation in Metro's early implementation project means this area will be an important testing ground for new transit services throughout King County. February 5. 1996 Renton City Council Minutes Page 38 OLD BUSINESS Planning and Development Committee Chair Keolker-Wheeler presented a Planning & Development report recommending adoption of the revised draft non-conforming use Committee ordinance, with the following additions: Planning: Non-conforming f ses and tructures 1) The requirement that appeals of administrative decisions on structures go (Zoning Code first to the Hearing Examiner and then to the City Council; Amendments) 2) The requirement that appeals of Hearing Examiner decisions on uses go to the City Council; and 3) Language that only those uses and structures made non-conforming by the Zoning Code rewrite adopted in June, 1993 or subsequent amendments are eligible for the conditional approval proposed under this ordinance. The Committee further recommended that the City Council set a public hearing for February 19, 1996, to hear testimony on the nine requests for conditional approval pending under this draft ordinance. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 39 for ordinance.) Planning: Maps in Planning and Development Committee Chair Keolker-Wheeler presented a Published Legal Notices report regarding legal publication of maps of subject sites for Hearing Examiner public hearings. The Committee recommended against establishing a program of publishing location maps with legal notices for land use permits due to the increased publications costs. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Safety Committee Public Safety Committee Chair Clawson presented a report regarding the Police: Noise Violation amount of fines levied for noise violations. The Committee recommended no Fines action be taken on this issue. MOVED BY CLAWSON, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Community Services Committee Chair Parker presented a report Committee recommending that Council authorize the extension of one limited term Parks: CIP Coordinator Capital Improvement Program (CIP) Coordinator position through May, 1996. Position Extension The Committee further recommended that the extension be funded by reimbursement from the 1995 Community Development Block Grant (CDBG) funds for work completed by the incumbent on block grant projects. MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMI LEE REPORT. CARRIED. Municipal Court Judge Community Services Committee Chair Parker presented a report Pro tem Appointment, recommending concurrence in the Mayor's appointment of Terence Lynch as Terence Lynch Municipal Court Judge Pro Tem for a one-year term to expire 12/31/96. MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following ordinances were presented for first reading and referred to the RESOLUTIONS Council meeting of 2/12/96 for second and final reading: Rezone: Renton High An ordinance was read changing the zoning classification of the Renton High School, from P-1 to CD School property, 24.72 acres located at 400 S. 2nd St., from P-1 (Public Use) to CD (Center Downtown), File No. R-95-109. MOVED BY KEOLKER- WHEELER, SECONDED BY SCHLITZER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/12/96. CARRIED. APPROVED BY CITY COUNCIL Date 9 6 PLANNING & DEVELOPMENT COMMITTEE COMMITTEE REPORT February 5, 1996 NON CONFORMING USE ORDINANCE (Referred 1/15/96) The Planning and Development Committee recommends adoption of the revised draft ordinance, adding the requirement that appeals of administrative decisions on structures go first to the Hearing Examiner and then to the City Council, and adding the requirement that appeals of Hearing Examiner decisions on uses go to the City Council, and adding the language that only those uses and structures made non conforming by the Zoning Code rewrite adopted in June 1993 or subsequent amendments are eligible for the conditional approval proposed under this ordinance. The Committee further recommends that the City Council set a public hearing for February 19, 1996, to hear testimony on the nine requests for conditional approval pending under this draft ordinance. Kathy K lker-Wheeler, Chair ifn/ /Ran y Corman, ice Chair c7 Timothy J. 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Q �,,ry.:2:�!:: .::::::`- y •-, pZf CO O) C Y C G: ti!.ittu.:sa:::LLf,%::::::::i > p a) N W W C 7 0 c— ai0' :iiia N O C N • O 4- C E 0 ':::Q: :::ite:::3:::i:: : N O N CO O 'o a) a) 0 A a) Z:::Q::'O::CO:i:::::s: C a) o N U to co U • .fl F- E N x : >:-»: ::i::::a>:::>is RENTON CITY COUNCIL Regular Meeting January 15, 1996 Council Chambers Monday, 7:30 p.m. Municipal Building MINUTES CALL TO ORDER Mayor Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF TONI NELSON, Council President; BOB EDWARDS; RANDY CORMAN; COUNCILMEMBERS TIMOTHY SCHLITZER; KING PARKER; DAN CLAWSON; KATHY KEOLKER-WHEELER. CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Executive Assistant to the ATTENDANCE Mayor; LAWRENCE J. WARREN, City Attorney; MARILYN PETERSEN, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; MICHAEL KATTERMANN, Planning & Technical Services Director; JIM SHEPHERD, Facilities Director; DON ERICKSON, Principal Planner; COMMANDER DENNIS GERBER, Police Department. PRESS Denis Law, Renton Reporter APPROVAL OF MOVED BY NELSON, SECONDED BY KEOLKER-WHEELER, COUNCIL COUNCIL MINUTES APPROVE THE MINUTES OF JANUARY 8, 1996, AS PRESENTED. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted and published Planning: Nonconforming in accordance with local and State laws, Mayor Tanner opened the public Uses and Structures hearing to consider proposed amendments to the Zoning Code addressing the (Zoning Code continued use of nonconforming uses and structures. The amendments Amendments) establish definitions, procedures, and criteria for reviewing and approving uses and structures that became nonconforming as a consequence of area-wide zoning changes adopted by the City Council beginning in June, 1993. Don Erickson, Principal Planner, reported that the City currently allows all nonconforming uses and structures that became nonconforming as a result of the above-mentioned zoning code changes to be re-established in the case of a total or near-total loss or catastrophic event. Such re-establishment is allowed without consideration as to the appropriateness of the use or structure at its current location, or of its effects on the surrounding area. Staff has proposed changing the regulations to incorporate criteria for determining whether allowing nonconforming uses and structures to re- establish would be in the public interest. The proposed changes distinguish between structures and uses, with structures to be handled administratively and uses to go before the Hearing Examiner (or Council, at its discretion). Five criteria are set forth for both nonconforming structures and uses, three of which must be met for a permit to be granted. Mr. Erickson noted that only legally established structures and uses can be approved, and any approval can be made subject to a time limit and/or other conditions. The changes do not affect Class B conditional approvals, which allow replacement up to 50% of the structure's value, nor do they apply to single family homes, which would be allowed to rebuild without obtaining a conditional approval. Mr. Erickson concluded that staff recommends the amendments be adopted as proposed, and that a public hearing be set for February 5, 1996 to consider January 15, 1996 Renton City Council Minutes Page 17 nine conditional approval requests which have been held pending adoption of this ordinance. Councilman Edwards inquired about the six requests for conditional approval that are not being forwarded to Council for its consideration. Mr. Erickson replied that staff has determined some of these to be allowed uses in the applicable zone; others were administratively approved by the Building Department. A few did not qualify for nonconforming status because the owner could not demonstrate that the use or structure was legal at the time it was established. Councilman Corman added that the Planning & Development Committee reviewed all the requests with staff. Mr. Edwards asked to be provided with a list describing all the requests. Audience comment was invited. Marjorie Richter, 300 Meadow Ave. N., Renton, 98055, supported the phasing-out of nonconforming uses, saying these should not be allowed to continue forever. She felt that too much was being done to benefit some businesses, and asked that Council listen to its residents and require currently nonconforming uses to eventually become conforming. Beverly Franklin, PO Box 685, Renton, 98057, wanted assurance that structures such as apartments and duplexes which are granted nonconforming use status will be required to renew their conditional use permit every ten or 15 years. She explained that although some of these property owners care about the neighborhoods in which these dwellings are located, others do not, and said that periodically reviewing the appropriateness of these permits would benefit the surrounding area. Responding to Councilman Corman, Mr. Erickson confirmed that under the new regulations, time limits could be imposed on approved permits. Responding to comments made by Mrs. Richter, City Attorney Lawrence J. Warren explained his concerns regarding the subject of nonconforming uses. Mr. Warren said although it is a vested right to continue a nonconforming use if the use is not abandoned or expanded, he did not favor institutionalizing such uses. He has therefore advised Council that these not be allowed to continue for an unspecified period of time, but that they eventually be transitioned out. In response to a question from Mrs. Richter, Mr. Warren said an illegal use could never be made legal, even if it were associated with a legal use. Ralph Evans, 3306 NE 11 th Pl., Renton, 98056, asked who would determine whether the proposed criteria for granting a nonconforming use was met; i.e., who would determine if a proposed use was in the public interest, or was compatible with the surrounding area? Mr. Warren replied this would be done either by the Hearing Examiner or the applicable administrative decision- maker. Saul Williamson, 17912 - 123rd Ct. SE, Renton, took offense to the reference made by an earlier speaker to the term "slum area," saying this was a subjective term that could be interepreted in more than one way. Mr. Williamson reminded Council of the many different perspectives existing in the community, and encouraged Council to try and represent all these views to the extent possible. January 15. 1996 Renton City Council Minutes Pane 18 There being no further public comment, it was MOVED BY SCHLITZER, SECONDED BY KEOLKER-WHEELER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Moved by Nelson, seconded by Keolker-Wheeler, Council accept the proposed Zoning Code amendments relating to nonconforming uses and structures and set a public hearing for February 5, 1996, to take comments on nine pending requests for conditional approval! Councilman Edwards felt the right to appeal to Council in these cases should be preserved, particularly given the fact that it was Council who adopted the zoning changes that made formerly permitted uses nonconforming. City Attorney Warren said that, should Council desire, the ordinance language could be changed so all appeals are filed with the Council. *With the concurrence of Councilmember Keolker-Wheeler as seconder, Councilmember Nelson withdrew her motion. Moved by Edwards, seconded by Parker, Council place the ordinance regarding these changes on first reading and direct the City Attorney to draft language providing for the opportunity to appeal to the Council as discussed.** Cautioning against making this type of change without first evaluating its potential effects, Councilmember Keolker-Wheeler was concerned that the approval process not be politicized. **Following further discussion, a substitute motion was MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL REFER THIS ITEM BACK TO THE PLANNING & DEVELOPMENT COMMITTEE FOR REVIEW OF ADDITIONAL LANGUAGE PROVIDING THAT APPEALS OF DECISIONS TO GRANT OR DENY CONDITIONAL APPROVALS FOR NONCONFORMING USES OR STRUCTURES WILL COME BEFORE COUNCIL. CARRIED. AUDIENCE COMMENT Sandy Webb, 430 Mill Ave. S., Renton, 98055, commented on discussion held Citizen Comment: Webb - at last week's Council meeting regarding the Friends of Youth Griffin Home, Griffin Home/Multi- saying that offering interested citizens a tour of this facility was not an Family Survey/Cedar Ave appropriate response to their concerns about the security and clientele of the Staircase home. He also felt that the sports court cover for the Griffin Home was not necessary. On another subject, Mr. Webb said he received a phone call last week from a Renton employee surveying owners of multi-family properties. Noting his discomfort with some of the questions that were asked, he wondered how the City intends to use this information. Mr. Webb concluded by inquiring when the Cedar Ave. staircase on Renton Hill, built to provide access to and through the sit-in park, will be opened for public use. (See later action, page 22.) CONSENT AGENDA Items on the consent agenda are accepted by one motion which follows the listing. Upon Council request, items 6.a. and 6.b. were removed for separate consideration. CAG: 95-028, Cedar Community Services Department submitted CAG-95-028, Cedar River Trail River Trail Extension, Extension project; and requested approval of the project, authorization for Tydico final pay estimate in the total amount of $10,854.89, commencement of CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: January 8, 1996 C MY O1 AENTO►N TO: Toni Nelson, President City Council Members -„I' •' ` El . v�J VIA: )'1 Mayor Jesse Tanner Fs'a,i 1VED ,+T Y CLEtiK'S (;cFI'OE FROM: Gregg Zimmerman, Administrator 6 STAFF CONTACT: Michael Kattermann (ext. 6190) SUBJECT: Zoning Code Amendments — Nonconforming Uses/Structures ISSUE: Council will be holding a public hearing on January 15, 1996, to gather public comment on the draft nonconforming use/structure amendments to the Zoning Code. Renton's current nonconforming use provisions allow all such uses and structures that became nonconforming as result of the zoning code rewrite adopted in June, 1993 to be re-established in the case of a total or near-total loss due to a catastrophic event. This is currently done without consideration as to appropriateness of the use or structure at its current location, whether it has been a good neighbor, or whether its re-establishment would impede the development of ether uses and structures that are encouraged under current plans and zoning for the area. RECOMMENDATION: Staff recommends adoption of the proposed Zoning Code amendments pending the outcome of the Public Hearing. A copy of tliedaft irdinatice Ts attached of r your information. Staff also recommends, pending adoption of the ordinance, that a public hearing be set for February 5, 1996, to solicit public comments en the nine requests for conditional approval. BACKGROUND SUMMARY: Existing provisions do not establish criteria for determining whether allowing nonconforming uses and structures to re-establish is in the public interest. Since nonconforming uses and structures are ultimately intended to cease and be replaced with conforming uses and structures, provisions to allow their re-establishment in the case pf a near or total loss due to a catastrophic event should weigh whether the public interest is being served. As a result of Renton's revised Zoning Code, adopted in June 1993, a number of nonconforming uses and structures were created. In December, 1094, the Planning and Development Committee requested that City staff develop new zoning cede amendments for their consideration that would create a flexible process for the conditional approval of these legal nonconforming uses and structures. . Nonconforming uses & struc' .es 1/8/96 Page 2 The main features of the proposed amendments are: • Distinguishes between nonconforming use and nonconforming structure (uses would be reviewed by the Hearing Examiner or Council, structures would be reviewed by the zoning administrators); • Nonconforming use must meet at least 3 of 5 criteria for approval: community need, effect on adjacent property, historic significance, economic significance, timeliness with existing plans and programs; • Nonconforming structure must meet at least 3 of 5 criteria for approval: architectural and/or historic significance, architectural compatibility with surrounding uses, potential of site for redevelopment, condition of building/structure, departure from zoning code; • Approval may be subject to conditions and a time period; • Applies only to legally established uses and structures; • Any legal nonconforming use or structure can still replace up to 50% of value in the event of a loss without conditional approval; and • Legally established single family dwellings are allowed to be rebuilt without conditional approval. The Planning and Development Committee also requested that City staff begin processing the applications it had received for "conditional approval" using the proposed amendments. This was so the Committee would have a better idea how these provisions would work in the "real" world. Staff processed a number of applications, nine (9) of which qualified as legal nonconforming uses or structures, under these draft provisions. After reviewing these nine applications the Committee recommending proceeding with the proposed amendments and the requests for Conditional Approval Permits. In arriving at their recommendation the Committee noted that the draft provisions would now allow decision makers to grant approvals contingent upon specific conditions being met or grant approvals for limited periods of time. CONCLUSION: The proposed amendments would put in place a better defined approval process for recently created legal nonconforming uses and structures where the owner(s) wish to replace the whole structure and/or use in the case of a near or total loss due to a catastrophic event. These provisions would allow the City to evaluate and approve these uses and structures based on specific criteria. In addition, the nine (9) initial conditional approval permit applications that were used to evaluate these proposed new provisions can be approved once the amendments have gone into effect. CONCLRYT.DOC/ , CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed January 15, 1996, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055, to consider the following: Amendment to the Zoning Code addressing the continued use of non-conforming uses and structures. These amendments establish definitions, procedures, and criteria for reviewing and approving uses and structures that became non-conforming as a consequence of area-wide zoning changes adopted by City Council beginning in June 1993. All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Marilyn %2rsen, CMC City Clerk Published: Valley Daily News January 5, 1996 Account No. 50640 Amendments to the zoning code keep coming up in spite of the city-wide zoning all of us were put through a few years ago. In the past, our Neighborhood Defense Fund have had to fight and spend a lot of money to protect our residential area from unneeded and unsightly yards, illegal and non-conformi lg uses and structures and generally bad conditions thai, if continued, would turn our area into slums. One of the reason for city-wide zoning which we had was supposed to have been to help phase out as many illegal and/or non-conforming uses as possible. Phasing out , • such non-conforming uses goes on in every city, and the answer is NOT to simply allow what exists there now continue to exist forever. In defense of phasing out non- conforming uses, a neighbor tells me about the former mayor, Avery Garrett, pointing out to the city council at the time that, if phasing out of such non-conforming uses wasn't encouraged, then we'd still have a sawmill (or some such industry) downtown near Renton High School. And now some of these bad uses may be encouraged to stick around. For instance, I had heard that the city attorney lately was saying perhaps some or all of these non- conforming uses should cont;nue...this after all the wort: the staff and committee had been doing. If that is true-and I don't know that for s re=-then who's making policy at city hall? In the past three years, it seems that too much is being a)ne to pacify some entrenched Lia.4}-1 businesses that haven't done much for Renton' image, such as Barbee Mills in (.ti Kennydale, Bryant Motors in North Renton, Ikea and The people from Auto Row, e a- � - Way Back Inn who does help the needy, Grif in Home (an unsecured mini-prison) also iV in the Kennydale residential area, to name only a few. Too many city hall people don't Q� listen to residents but instead listen to members of the Chamber of Commerce with few Renton residents as members and listen also to outsiders as well. The city is in effect allowing businesses, such as at Auto Row, to evict residents to pacify the car dealers there after already buying out a couple of those downtown businesses. (You don't know how strange some of these maneuverings look to a lot of outsiders.)-)- Anyway, the public does not expect you to legalize that have been illegal or non- conforming all these years. You were elected to please the voters, too--not just businesses, legal or illegal, conforming or non-conform rg. Do what's right and not make it legal for the old scu:zy businesses to keep on doing what they are doing but instead make a phase-out time for them to become conforming. • p PUBLIC HEARING ♦ CURRENT PROVISIONS ♦ BACKGROUND ♦ PROPOSED AMENDMENTS -- CONDITIONAL APPROVAL ♦ RECOMMENDATION 2 ❑ CURRENT PROVISIONS ♦ CLASS A - REPLACEMENT UP TO 100% OF VALUE ♦ CLASS B - REPLACEMENT UP TO 50% OF VALUE ♦ CLASS C - ILLEGAL USE -- DISCONTINUE 3 ❑ BACKGROUND ♦ 50% RULE & ILLEGAL USE IS STANDARD ZONING LANGUAGE ♦ 100% RULE ADDED FOR NON CONFORMITIES CREATED BY 1993 ZONING CODE 4 ❑ BACKGROUND ♦ LACKS CRITERIA FOR GRANTING 100% REPLACEMENT ♦ DOES NOT DISTINGUISH BETWEEN STRUCTURES & USES 5 ❑ CONDITIONAL APPROVAL ♦ DISTINGUISHES BETWEEN STRUCTURES & USES ♦ STRUCTURES HANDLED ADMINISTRATIVELY ♦ USES HANDLED THROUGH HEARING EXAMINER OR COUNCIL 6 ❑ CONDITIONAL APPROVAL ♦ STRUCTURES MUST MEET AT LEAST 3 OF 5 CRITERIA: • Architectural &/or historic significance Architectural compatibility • Unlikely redevelopment of site • Condition of building/structure is good • Departure from Zoning Code is minor 7 ❑ CONDITIONAL APPROVAL ♦ USES MUST MEET AT LEAST 3 OF 5 CRITERIA: • Community need 1 = Effect on adjacent property = Historic significance = Economic significance Timeliness with existing plans Sr programs 8 O CONDITIONAL APPROVAL ♦ APPLIES ONLY TO LEGALLY ESTABLISHED STRUCTURES & USES ♦ APPROVAL MAY BE SUBJECT TO TIME LIMITS & CONDITIONS 9 O CONDITIONAL APPROVAL ♦ 50% STILL APPLIES TO ALL LEGAL USES & STRUCTURES ♦ SINGLE FAMILY ALLOWED TO REBUILD WITHOUT CONDITIONAL APPROVAL 10 O RECOMMENDATION ♦ ADOPT AMENDMENTS AS PROPOSED ♦ SET PUBLIC HEARING FOR 2/5/96 FOR NINE (9) REQUESTS AWAITING ADOPTION OF ORDINANCE 2 glfAig'e * : SS§ cMg.11 i : - V• > w _ 134(2 cz�$} � m� 7[� a c l,. 1.2 Y • T 0 RIP U 8.575.54 oFwwP-2 =m .8' ifl4iLZs 3 3ui Hcg�U � _ zcick.Oc 11 Biliz . . 1. .2 .z2 . .c ro .x 0 u) F2 o c -c I o m e c >� o z — C - > ? 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L X C O t0 � O - •- H ., O) Y i— U w '� al " ia ca a) _ J as .o _0 u) _C 3 > 65 J -O Q a3 u) . o O E J Q cn (r) 2 O 3 o y p a ( 0 m o � � � zoX � � n v.�`�:F5......N��p LL coo O-C -0 C .� x m E �c,�:'Q�' •�. <6'''•?i aa) as a)o-) a) a 0 � Q > c c uu)i -�:, •¢ ; --1 as o m— c - 0 o -o w:;) ,— I — a,Nr• or Ci) 0 > '— (I) CD 10 0 c 3:0 0 J ^sr..:7 o a) _ — •°3 S • 0, .,cn — a_ c u) a> a) c m a a> S� tS5 y O C 01 C j f0 7 Z v) mcEw .co o 3 es v) ° w CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed January 15, 1996, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055, to consider the following: Amendment to the Zoning Code addressing the continued use of non-conforming uses and structures. These amendments establish definitions, procedures, and criteria for reviewing and approving uses and structures that became non-conforming as a consequence of area-wide zoning changes adopted by City Council beginning in June 1993. All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Marilyn 1' 'rsen, CMC City Clerk- Published: Valley Daily News January 5, 1996 Account No. 50640 APPROVED BY 'Oltee ...r CITY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE Date /P- kF'?"'C COMMITTEE REPORT DECEMBER 18, 1995 Non-Conforming Use Status Review Process (Referred: February 7, 1994) The Planning and Development Committee has been working with staff and interested property owners to draft an amendment to the Zoning Code addressing the continued use of non- conforming uses and structures. These amendments establish definitions, procedures, and criteria for reviewing and approving uses and structures that became non-conforming as a consequence of the area-wide zoning changes adopted by City Council beginning in June 1993. The Committee has reviewed the draft ordinance amendment and recommends that the City Council set a public hearing for January 15, 1996. In addition to the code amendments, the Committee has reviewed staff analysis of several requests for conditional approval of non- conforming uses and structures. The Committee further recommends that the Council consider approval of these requests following the adoption and effective date of these amendments. The general topic of how to handle non conforming uses should be referred back to staff to consider alternatives. f Richard M. Stredicke, Chair 664-/-\ - Kathy Kee_ker-Wheeler, Vice-Chair R ndy Corman,Member cc: Gregg Zimmerman Larry Warren Mike Kattermann Jim Hanson Don Erickson CITY OF RENTON COUNCIL AGENDA BILL Al #: (, . . Submitting Data: Planning/Building/Public Works For Agenda of: DeptiDiviBoard.. Planning and Technical Services February 7, 1994 Staff Contact.... Mike Kattermann, Senior Planner Agenda Status Consent X Subject: Public Hearing... Application form and review process for Class A Correspondence.. Nonconforming Use Status. Ordinance Resolution Old Business Exhibits: New Business Notice to Applicants and Application Form (Exhibit A) Study Sessions.... Information Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept Finance Dept Other Fiscal Impact: None Expenditure Required... None Transfer/Amendment Amount Budgeted None Revenue Generated Summary of Action: The Interim Zoning Code adopted June 7, 1993 amended Section 4-31- 23 "Completion and Restoration of Existing Buildings Part B - Nonconforming Uses". Under the Interim Code a procedure to grant existing uses and structures a special status which allows such structures and uses to be completely rebuilt even though they are not permitted uses in the zoning district in which they are located. Under the Errata process established under Resolution Number 2978, in effect from June 7, 1993 to December 31, 1993, an application for Class A nonconforming use status was reviewed by the City Council's Planning and Development Committee and recommended to the City Council. Since the Errata Process has ended, another procedure for reviewing and granting Class A Nonconforming Use Status needs to be set up. This action proposes an application form and review process to provide a means for the public to apply for Class A Nonconforming Use Status. STAFF RECOMMENDATION: The Planning/Building/Public Works Department recommends that the City Council refer this manner to the Planning and Development Committee. Memorandum City of Renton DATE: January 19, 1994 TO: City Council VIA: Mayor Clymer FROM: Gregg Zimmerman 6- E.. STAFF CONTACT: Mike Kattermann (ext. 6190) SUBJECT: Class A Nonconforming Use Application and Review Process Attached are an Agenda Bill, a draft Notice to Applicants, and draft Application Form for Class A Nonconforming Use Status. The Errata process which ended on December 31, 1993 was the method used for granting Class A nonconforming use status. Since the Errata process has ended another means for reviewing and granting Class A nonconforming use applications needs to be developed. The proposed method will duplicate the Errata process whereby the Planning and Development Committee reviewed each request and had the Council concur in the decision. Please see the attached "Notice to Applicants and Application Form" for a full description of the review process. cc: Larry Warren DRAFT 1/19/94 Class A Nonconforming Uses Notice to Applicants and Application Form January 19, 1994 Some land uses and buildings in the City of Renton are not in conformance with the existing zoning regulations for various reasons. These are called "nonconforming uses" and the Renton Municipal Code (Section 4-31-23, Part B) regulates how these uses may be rebuilt or remodeled without bringing them into full conformity with the regulations. The Municipal Code classifies nonconforming uses into three classes depending on the type of nonconforming condition: Class A uses may be replaced or altered up to 100% of the value of the building; Class B, up to 50% of the value; and Class C uses may not be altered unless complying with emergency health and safety requirements. Nonconforming uses are automatically classified as Class B or C, depending on the circumstances under which they were created, and Class A nonconforming uses must be determined by Action of the City Council. If a "Class A Nonconforming Use" status is requested, the following criteria must be addressed in the application to the City Council. 1. Use is compatible with existing uses within the zoning district in which it is located. 2. Does not create hazards, nuisances or other impacts to adjacent uses; or 3. Potential impacts can be mitigated by permitted alterations to the use. Class A Nonconforming Use Status Application Review Process Upon receipt of the Class A Nonconforming Use Status application staff will write a report to verify that the existing or proposed use meets or will meet requirements 1,2, and 3 above. If the use meets the requirements or permitted alterations can be made so that items 1 and 2 above are met the staff recommendation will be to grant Class A nonconforming status. The Renton City Council Planning and Development Committee will review the staff report and forward a decision and Committee Report to the City Council. The City Council will concur in the granting of Class A status by the Planning and Development Committee. The applicant will be notified by the City Clerk with a letter stating Class A Nonconforming Use status has been granted. DRAFT 1/19/94 City of Renton Application for Class A Nonconforming Use Status - January, 1994 1. Applicant Name: Date: 2. Applicant's Address: 3. Are you the property owner ? Yes No . If no, what is your interest in the property ? 4. Property Address: 5. King County Tax Account Number: 6. Is the property currently vacant ? Yes For how long ? months 7. What is the existing use of the property 8. What have been previous uses of the property? 9. Have any uses or structures on the property ever been through the City of Renton Hearing Examiner review process ? Signed Telephone Please submit form to: Long Range Planning , City of Renton, 200 Mill Avenue South,Renton,WA 98055, Telephone: 235-2552