HomeMy WebLinkAbout19-138 Appeal Exhibit 2 RENTON CODE COMPLIANCE CODE19-000138
NARRATIVE luly 24, 2019
Address: 109 S Tillicum St
Renton, WA 98057
Violator: Tillicum Street LLC
RMC Violation: RMC 4-5-060 K 111.1 Certificate of Occupancy
March 13, 2019: While driving by the subject address I noticed a business banner sign
for "Fabrics for Less" on the building that I had never seen before. I photographed it
and returned to city hall to research the business. I discovered that the business had
relocated from another location within the City of Renton. I also learned that not only
had the Fabrics for Less business license expired, but also the business had failed to
notify the city business license division of the change the address. This is important, as
the city would have reviewed compliance of the structure for such a use prior to issuing
a business license. Additional research had shown that King County Tax Assessor has
the property designated a warehouse, and I could find no evidence that the structure
had ever been approved for use as anything other than a warehouse. I sent an email to
the owners of record according to the Washington State Secretary of State explaining
what I had discovered and requesting that they contact me to discuss the matter.
Additionally, I contacted the building and fire departments to advise them of the
violation, at which time they decided that there was enough concern to investigate. I
also returned to the business, introduced myself, informed the management of the
results of my investigation, and informed them that I would be contacting the property
owners. They allowed me to take photographs inside the building.
March 20, 2019: A Warning of Violation, CODE19-000138, was issued to Tillicum Street
LLC, the owner of the property, for violating the City of Renton's Municipal Code Section
4-5-060 K 111.1 . The compliance date was April 2, 2016. Please note that the
additional code violation for no electrical permit was subsequently eliminated, as the
owner was able to provide evidence that the unit heaters were pre-existing.
April 10, 2019:After a number of phone conversations with Dennis Standeford,
property manager and Scott Howell, property owner, I received an email from Mike Catt
of Kidder Mathews, claiming to represent Tillicum LLC, requesting an extension. I
approved the extension.
1 EXHIBIT �.
May 9, 2019: I received an email from Samuel Winninghoff, Attorney for Tillicum LLC
requesting another extension. After discussing it with him on the phone, I agreed to it
with the condition that it would be the last extension I would allow without input from
the building and fire departments.
June 11, 2019: I received an email from Sam Winninghoff with a copy of the 1986
Certificate of Occupancy and Building Permit Application from an addition to the
structure on 1985.
June 12, 2019:After having gone over the information with the Building Official, Craig
Burnell, I sent a reply to Sam Winninghoff that clarifies the city's conclusion based on
the information he had provided in his June 11, 2019 email. Attached to the email were
highlighted portions of the Certificate of Occupancy and Permit Application provided to
the city, and used as a basis for the conclusion.
June 12, 2019: I received an email from Samuel Winninghoff in response to city's
conclusion emailed to him earlier that day. He stated that he would look into it further
and follow up with me.
July 2, 2019: After no contact from anyone regarding this code case since June 12,
2019, I issued a Finding of Violation with a $250.00 fee.
July 3, 2019: I received an email from Samuel Winninghoff stating that they had
received the Finding of Violation and that while they still disagree with the city's
conclusion,they would like to meet to work toward a resolution.
July 24, 2019: As of today, there is a meeting set for tomorrow,July 25th between the
city and the owner& representatives do discuss the matter.
I certify under penalty of perjury under the laws of the state of Washington that the
foregoing is true and correct.
signed on in Renton, Washington
Rob Shuey
Code Compliance Inspector
2
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Assigned To: Rob Shuey Violator: Opened Date: 03/20/2019
Address: 109 S Tillicum St Owner: Closed Date:
Renton,WA 98057-5312
Data Entry Date Created By Activity Type Activity Name Comments
03/20/2019 Rob Shuey Diary Log Warning of Violation 03-20-19 Change of Occupancy Required.
03/27/2019 Rob Shuey Diary Log VM from Fletcher 03-27-19 I had a VM on my phone this morning
from Fletcher,requesting that I contact him in
regards to the WOV at 109 S Tillicum St. He
stated that he was asked to contact me by the
owners of Tillicum St LLC,the owners of the
property to attempt to determine what needs
to be done to bring the property into
compliance. I called his number
(206-910-4492)and left him a VM.
03/29/2019 Rob Shuey Diary Log Phone Conversation 03-29-19 I talked with Fletcher
w/Fletcher (206-910-4492).We discussed the reason for
the change of occupancy and I believe he
understands the city s position on the matter,
and although me may not like it,he agrees.He
said that he will be discussing it with the
ovmers of the building and the tenant and he
will be contacting me prior to 04-19-19 to
render a decision on how they plan to
proceed.
04/11/2019 Rob Shuey Diary Log Code Case Extension 04-11-19 I received an email from Mike Catt,
Approved real estate broker working with owners,
requesting an extension. I talke to Alex Tuttle,
he agreed it would be reasonable.See email
in doc attachments with same date.
Hi Mike,I think in the interest of allowing
everyone the time to review historical data
and discuss options,an extension of Code
Case 19-000138 to 05-15-19 is a reasonable
request,and has been granted.Hopefully
between now and then,a consensus can be
reached as to how to bring the property into
compliance with city ordinances.Respectfully
Rob Shuey Diary Log Phone Conversation 04-11-19 I received a call from Samuel
wMolator Attorney Winninghoff,the attorney for the building
owners. He asked me about any records that
I may have regarding the original C of O,and I
told him that he would have to make a public
records request for that information.We
discussed occupancy classification of the
building and the current and past uses. I
explained that an unapproved occupancy
cannot be grand fathered. We discussed the
KC Assessors designation as a warehouse,
and how that designation occurs.He said he
will be talking to his clients this afternoon and
they will discuss how they want to move
forward.
04/18/2019
July 24,2019 Page 1 of 3
Data Entry Date Created By Activity Type Activity Name Comments
Rob Shuey Diary Log Code Case Update 04-18-19 The owner was able to provide
information that showed that the unit heaters
were installed around 2000(_/-)as that is
when the unit heaters were manufactured. I
have no reason to believe that 18 year old
heaters were recently installed.That part of
the code case has been closed.
05/15/2019 Rob Shuey Contact Uolator Extension Request from See Email in Doc attachments dated 05-15-19
Owners Attorney 05-09-15 Email from Attorney:Rob, I wanted
to update you on where we are on this matter
on our hand.We have received the first
installment of records from the City of Renton,
but are waiting on further installments which
we will not have until after our currently
5/15/19 deadline.While I cannot know when
we will receive all of the records,the next
installment is expected by 5/16.Would it be
possible to extend our compliance deadline to
at least 6/15/19 so we can complete obtaining
ad reviewing the public records?
05-15-19 My Reply:Good Morning Samuel,I'm
sorry for the delay, I was out of the o�ce.
While I appreciate the time it can take to obtain
public records,I'm hesitant to continue to
allow extensions without substantial cause.
I'm more than willing to discuss it on the phone
with you.Please feel free to give me a call so I
can understand your concerns. I'm not
opposed to an extension,I need to document
that the extension was for a justifiable
reason.I look forward to hearing from you
05-15-19 See Extension Approval email
w/same date
06/12/2019 Rob Shuey Diary Log Doc Review Determination 06-12-19 Email sent to Samuel. Based on info
to Attorney provided,the WOV stands. I requested a
decision by the owner by 07-01-19 See email
in doc attachments dated 06-12-19
O6/13/2019 Rob Shuey Diary Log Doc Review Response from 06-13-19 See response to determination from
Attorney Samuel Winninghoff,attorney for owner in
doc attachments w/same date.
07/02/2019 Rob Shuey Diary Log Finding of Volaiton 07-02-19 Finding of Violation is being issued.
Pursuant to my email to the owners attorney
dated 06-12-19, I requested that a
determination be made and that I be informed
by 07-01-19.I received an email from Samuel
Winninghoff on 06-12-19 with his opinion on
the decision made by myself and the Building
O�cial,Craig Burnell in regards to the
occupancy of the building,stating that he
would follow up with me. I have received no
follow up as of today.As there has been
continued communication through email, I
know that the email will be received by the
attorney and property manager,so I am
sending the FOV via email to both of them.
07/03/2019
July 24,2019 Page 2 of 3
Data Entry Date Created By Activity Type Activity Name Comments
Rob Snuey Contact Violator FOV Response Eamil from 07-02-19 Email from Attorney:Rob,We
Violator&Reply received the finding of violation and have
discussed it with our client.While we still
disagree with the Ciry's conclusion and intend
to appeal the finding,we would like to set up a
meeting the week of July 15th if possible to try
to work toward an agreeable resolution.Are
there a couple of times that work for you that
week?We are fairly open other than the
morning of the 17th,and the 19th.A
representative of our client would be joining
us for the meeting as well.We would certainly
be open to including whoever the Ciry would
like to involve,including the building official or
potential a city attorney if you believe it is
warranted. I look forvvard to hearing from you
My Reply Email:Samuel,I am out of the office
all that week attending an educational
seminar. I'm actually not person that you need
to discuss the matter with anyway,as the
Building Official,Craig Bumell makes all
interpretations and determinations in regards
to building code and occupancy matters.
Craig is familiar with this issue,as we
discussed the occupancy of the building prior
to my sending you the determination based on
the information you provided. I've cc'd Craig
into this email and suggest you contact him to
schedule a meeting. If Craig prefers that I be
present for the meeting, I am available next
week between the 9th and 12th,and then I
will retum to work on Tuesday the 23rd. I can
usually adjust my daily schedule to
accommodate most any meeting time between
8 am and 3:30 pm. Craig may also be
contacted at 425-430-7290.
See Emails in DocAttachments w/same date.
07/11/2019 Rob Shuey Diary Log Meeting Request Email Strirn 07-10-19 See in doc attachments w/same
date.
July 24,2019 Page 3 of 3