HomeMy WebLinkAbout19-138 Appeal Exhibit 9 Robert Shuey
From: Winninghoff, Samuel D <SWinninghoff@helsell.com>
Sent: Wednesday,June 12, 2019 5:34 PM
To: Robert Shuey
Cc: Alex Tuttle;Jacobs, Sam M.
Subject: RE: CODE 19-000138 Document Review & Determination
Rob,
We will take a deeper look at this and get back to you after discussing with our client, but my initial reaction here is that
when we first discussed the matter,the building department was taking the position that the building was designated as
warehouse occupancy, not retail, and therefore would require a change of occupancy even thought the zoning allowed
retail use, because the occupancy class granted was not retail. However, the records clearly indicate that an occupancy
class was granted allowing for retail use all the way back to 1985.
As you mentioned, when the remodeling and addition work was being permitted in approximately 1985,the owner
sought and received a B-2 occupancy classification,which allows for retail use.The building housed a printing press, as
well as sales/retail space, per the building plans that were submitted during the permitting process.The permit was
granted, inclusive of retail use in the new building/addition.All of these plans are in the permitting file for the 1985
permit that also includes the 1986 B-2 certificate of occupancy.
The space has been used for retail sales purposes since then. It is therefore our interpretation that the use and
occupancy has not changed.There has been no subsequent certificate of occupancy that we have seen indicating a
change in occupancy class.Simply put, I don't see a change of occupancy that would have required any interaction with
the building department or issuance of a new C of O, and in fact, no new C of O or other change of occupancy records
exist, despite over 30 years of retail use going back long before my clients owned the building.
After we have a chance to look into it further,we will follow up with you.
Regards,
Samuel Winninghoff�Helsell Fetterman LLP
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From: RShuey@Rentonwa.gov<RShuey@Rentonwa.gov>
Sent:Wednesday,June 12, 2019 8:42 AM
To:Winninghoff, Samuel D<SWinninghoff@helsell.com>
Cc:Alex Tuttle<ATuttle@Rentonwa.gov>
Subject: CODE 19-000138 Document Review& Determination
Good Morning Samuel,
I had a chance to go over your documents with our building official yesterday afternoon. The documents you provided
were a Building Permit Application for 109 S Tillicum St, dated 05-01-85 and a City of Renton Certificate of Occupancy for
121 S Tillicum St, dated 07-17-86. Each of the documents show the respective buildings as being classified by the
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