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HomeMy WebLinkAboutPermit *4w "we PAG-04-002 AGREEMENT, RELEASE & HOLD HARMLESS This Agreement between the City of Renton, a Washington Municipal Corporation, and Bruce Nielsen and Margaret K. Nielsen, husband and wife, to wit: WHEREAS,the Nielsens reside at 3825 Lincoln Ave. N.E., Renton, Washington; and WHEREAS, the Nielsen applied for a variance/conditional use permit to locate a propane tank on the edge of their property line without setbacks;and WHEREAS, the City of Renton granted the Nielsen a variance to locate a propane tank on the edge of their property without setbacks; and WHEREAS, the neighboring property, previously thought to be undevelopable, is now developable; and WHEREAS, the current location of the propane tank is a non-conforming use; and WHEREAS, the Nielsen property cannot accommodate a move of the propane tank without considerable expense; and WHEREAS,the parties desire to bring the Nielsen property into compliance; NOW, THEREFORE, for good and fair consideration as indicated,the parties agree as follows: 1. In consideration for the covenants set out in paragraph#2 below: a. The City of Renton will arrange to have a connection for natural gas to be made available to the Nielsen property at no cost to the Nielsen; and Agreement, Release and Hold Harmless-Page I of 3 b. The City of Renton will pay for the conversion of the Nielsen's hot water heater and furnace from propane to natural gas in the amount of$1,305.00,total, including tax. 2. In consideration for the foregoing: a. Upon connection to natural gas, the Nielsen will have the propane tank removed from their property immediately. b. The Nielsens hereby agree to release and hold harmless the City of Renton, its employees and agents, from any and all claims related to or resulting from the placement, maintenance, use, or removal of the propane tank from their property located at 3825 Lincoln Ave. N.E., Renton, Washington. i B t,� � � L.__ Date: 3- 5=U y ruce Nielsen SUBSCRIBED AND SWORN TO before me this day of ctec , 2004. 7 l�4 Notary Public in and for the State of Washington My commission e ires: 0-99-(D? Residing at: �1�7 Agreement, Release and Hold Harmless—Page 2 of 3 rrp 'r✓' A�" y J t G:? ...e---i._� Date:—h — 'MarCaret K. Nielsen SUBSCRIBED AND SWORN TO before me this day of &qgC1 , 2004. Notary Public in an for the State of Washington My commission expires: - Residing at: By; � = - � �-- Date: 31623 v r Larry Rude Renton Deputy Fire Chief SUBSCRIBED AND SWORN TO before me this �23 day of 2004. Not P blic in and for the State of Washington s'fir•:sy�o k 4t y c fission expires: iar 4�ARy• ;M: a: •►w M iy Residing at: Agreement, Release and Hold Harmless—Page 3 of 3 CITYilliiiiiili[ F RENTON Office of the City Attorney Kathy Keolker-Wheeler,Mayor Lawrence J.Warren Assistant City Attorneys Mark Barber Zanetta L.Fontes MEMORANDUM Russell S. Wilson Ann S. Nielsen DATE: March 30, 2004 Sasha P. Alessi TO: Bonnie.Walton, city clerk CITY OF RENT(Ni1 FROM: Mary Ann Anthony, legal assistant MAR 3 0 2004 RECEIVED RE: Nielsen Agreement, Release and Hold Harmless CITY CLERK'S OFFICE Enclosed please find the original Agreement, Release and Hold Harmless document signed by Bruce and Margaret Nielsen and Deputy Chief Rude,regarding a natural gas connection and propane tank removal on the Nielsen's property. Please retain the release in your permanent files. Please feel free to call with any questions. Maa Enc. Post Office Box 626-Renton,Washington 98057-(425)255-8678/FAX(425)255-5474 R E jr T O lr SThis paper contains 50%recycled material,30%post consumer AHEAD OF THE CURVE CITY _ ITT t,eR Off ce pf the City Attorney' Kathy Keollcer-Wheeler,Mayor 4 reace J.Warrep Assistant dtyAttprneys, Mark-Barbers Zanetta L FQptes RussellS: 'ilsOn Ann S.'<Nielsen Sasha'P Alessi By fax.and mail March 30,2004 IVIr, C3ary tD:OQlspn Law,0$ces aMr. Gary O, Olson 3900 Easy va�l�y Hwy;;Sttlte�Q4 IZentbn, *.ington 9$055 w CZE• l i+elsen:propane storage tank,na�tu>r�atl$as cQnve>�sYon Deer l!ir Olson. x Enclosed is s ropy of the Agre�ri�e6t,Atlease and Hold Harmless, which haseen'signed'' y Larry dude 'Please have yblzr eheitspcontact FireViarshaZan Eder with tl�e names'of the erihtres that twill he doln the=eofiversi�ns His ted hone;number is 425 y g ep 4307428 The City wlll pay them dlrectly, as the Ctt cannot�ssu the-check-to your clients: .° { tf you have any uestiona please don't he0tate to,( me F Very truly ypurs,r r F etta L Fontes - �tstant Gita Attorney ZLF:ma :Enc cc Jay C"oynngton- ` Chief VwhM& Fire'Varshall Engler Deputy Qhie`f Rude- Pogf Office Box 62b Renton,Washington 9805 7-(42.5)255-8678/FARC(425)255-5474 EN T O lr This paper contains 50%recycled material,30%past consumer - AHEAD O F THE CURVE - LA W OFFICES OF GARY O. OLS � � ; A PROFESSIONAL CORPORATION 3900 East Valley Hwy., Suite 204 1i T9�9(4 51-931,3 Renton,Washington 98055 61 JAN 1;`a '(41- ' 1 1 January 21, 2004 z, r U Mr. Eric K. Chapman, CHMM Hazardous Material Specialist Renton Fire Department 1055 South Grady Way Renton, WA 98055 RE: Nielsen Above Ground Propane Storage Tank Dear Mr. Chapman: I represent Mr. and Mrs. Bruce Nielsen, who reside at 3825 Lincoln Avenue NE in Renton. You recently send them a letter and provided a copy to me, dated January 15, 2004. In your letter you claim that the Nielsen' propane storage tank is in violation of the 1997 Uniform Fire Code, and that it needs to be moved 10 feet from the property line. I enclose for your reference a 1995 Liquid Petroleum Gas Permit and accompanying Drawing approved by the City of Renton Fire Department on November 28, 1995. As you can see from the Drawing, Mr.Nielsen obtained a permit from the City of Renton Fire Department to place the propane tank exactly where it is,right on the property line. Given the fact that the Nielsens have a permit for placement and maintenance of the storage tank in its present location, we do not agree that you can compel him to move it. As the 1995 Permit pre-dates the 1997 Fire Code provision you refer to in your letter, Mr. Nielsen has a prior non-conforming use to that particular law. I understand that it is very possible that the pre-existing Fire Code also may have prohibited placement of propane tanks within 10 feet of property lines, but since the City specifically permitted it in the Nielsen' case, enforcement of that provision has been waived by the City- In your January 15th letter you invite Mr. Nielsen to contact you or the Fire Marshall,Lawrence Rude. In fact,Mr.Nielsen had contacted Mr. Rude prior to receiving your letter, and Mr. Rude had assured him that because he had a permit to place the propane tank where it was,he would not be required to move it. Afterwe received that assurance from Mr. Rude, we contacted the adjacent property owner and warned him that placement of his newly poured foundation within 10 feet of the propane tank may create a problem. Apparently, it was after he received this letter from us that he came to you and asked that you require Mr. Nielsen to move the propane tank. x , January 21, 2004 Page 2 Upon receipt of your letter I advised Mr. Nielsen to go down to City Hall and check with Mr. Rude again to verify Mr. Rude's previous advice to Mr. Nielsen that the permit was valid and he could maintain the propane tank where it was. He learned that Mr. Rude is out of town until Tuesday, January 27h. Because you copied your January 15'h letter to David Main,we are very concerned that Mr. Main will take the wrong impression from your letter and believe that he is free to continue building within 10 feet of the propane tank. Of course,that is a question of whether the City Fire Department wants to enforce its Rules and Code against Mr. Main. However, I wanted to provide you with this letter as soon as possible to advise you that Nielsen has a permit for the location of his tank and has previously been cleared by the Fire Marshall to maintain it in its current location. I am also providing a copy of this letter to Mr. Main so that he is aware of this situation and his continuing violation of the Fire Code in placing a building within 10 feet of an existing propane tank. Mr.Nielsen placed his propane tank in its current location upon approval and permit from the City of Renton. He expended considerable funds in trenching and building the stand for the propane tank. Additionally,due to the location of his home versus the property line, it would be very difficult to place the propane tank 10 fleet away from his home and still 10 feet away from the property line. At the very least, it would require considerable new trenching and possible relocation of the internal house piping. For that reason,the Nielsens intend to maintain the propane tank in its permitted location unless they are allowed to hook into the natural gas lines being brought to the adjacent property by Mr. Main or the developer,at no cost to the Nielsens. Please contact me at 425-251-9313 if you wish to discuss this matter. Very truly yours, Law Offices of Gary O. Olson,P.C. Gary 0. Olson cc: Nielsens Dee 30 03 03:56p Bruce nieisen -rcJ eco JGJJ r . . 11R CITY OF RENS"ON =` Liquid. Petroleum Gas-Permit Permit Number F9 5 03 2 3 Permission is bereby given to do the following described work,,according to the conditions hereon and according to the approved plans and specifications pertaining thereto,subject to compliance with the Ordinances of the City of Renton. .}:.. 0«::. ...wL:X... :... a,. ...tc }}2:5:t3,:t;.t�+-;;.r•;.r..::.:'-'., . Lw}d\r<.a:r::.,;. RESID EIAI; : � TANK 9 9 F7Afi .Y. < .A^'. x+ •:L:.>:,... •8i." $:• .ar.=d':ciR:<xE>x - _:'s.:i :;. :::i ^}..:.....iii;: .S. .a•.'i. `G.., 't, •^#vi;..;�:: 3:f:, tz.. '#3:Sr.. - F....... y, 3:>: iF +:a".. -:3i�:. s4'='gkiio-:i:q;',6�a: _j::..r..:,.}•:. TLLSi 5 , .. f.. < .,. 5..... .,xo..x.,..-.._,-.,,,..,,..r.,..Y�......,.....}. R.n++..._.....::::.:.:,4..r;.nr�::+r,...+:.....r...\..v...:..,...,......,...... , g2 �IIVC�iILK, AV--NE- •.:k. r'k<Ytt: 5 r2 3-ti. ;� .,; 2-S•:�•+.°'�i.:�. S{:�;<'.v.;.�..�..:,.5t .\.l}:.;;;• t 2:�: ..t.; a Y .2. .�:a�L.k$,•`•Q. •<fi..J:SAu+A`:3�.b''Yw.C•firi"3 'c- 3825 LINCOLN AVE NE RENTON WA .... .............. .... :.. 5:... . �'Sv tat.+,,.,.g,..: q.c ....R. ..{:::... : , :.�.i.:<• ,a:a+ .w.,..x.r.. ,...r...,,..:.. .... ..,r.f.. .. „v.,.,... ..,,.., w. ..,...t.,+,,,:. _ C,on ,s j,�-fie•- 63'AR' �...m,-.r 3 611 A ST SE Contractor's phone 206 735 9038 AUBURN, WA City License 6697 GRACOR, FRANK .t ••L5}k a:,.a55:. Date of Issue 11[2'7 J 1995 Y Date of Expiration 05/27/1996 Receipt Number Renton Job Number Extended Date 00/00/0000 Construction Value 750.00 Toad Fees 75.00 •, a.a. i.._.. .. ....+.�:.^., _-�:...:....::;,:•M:.::<.:: ::L- L:;:; :SS n2'S.'r}::Cy .✓t3.a:,,ex g., ..b2,a S ?x3,. .�e.,;.b3.., ..Xa:S :! 2 t• � :.;r:' ;.-i,t: ..r., ,.�,. ,'•c-•::,:. �.:b. :.g'azx :g: -a5 <�,: ';;�::��•�'o ::c:;;.y; .thy: _t �,:..5•..�+.: •.,.., .v^.,...+:,,.t.: --.t..�..r:.}....:.+,..,>....... � .�.,. t}i;..xr,...� �^?>;xr.a:':C.iU:,....:5ae;:.... ,-z ... .f....:y... .. .. ' .t..:... .._.,•:..,-:^ -.:w:tta,xv'-. :. ..<t,... 2..,t..".R. .T.Yl..,b... .,x,¢}s«t: The contractor is required to be present during all field inspections- A reinspection fee of$30 per hour,with a one hour minimum,may be assessed for each reinspection when a portion of the work required for inspection is not complete,corrections not made,or contractor fails to keep the appoitttaaent. I hereby certify that no work is to be done except as Subject to compliance with the Ordinances of described above and in approved plane,and that all the City of Renton and infiozmdWr wodc is to conform to Renton codes and ordinances. herewith this permit is granted. Applic�nt�� ""_ Fire Marshal BD3240d 10193 LCA Ute: --- ---- _ some PENTf Fi IE DEPT -- FIRE P.FOFOTI N BUREAU \ CITY OF RENTON IVCDGV FIRE DEPARTMENT RL APPROVED - F Construction Subject To Rectior� Red B7 Dat �� J{f ie{ to.� Int:•cl�ucr- `\�\ 'r f / COPY This set of app Plate MUST be on the lob at,all tit es ring construtiian. This building��i�not to b octopi til after final iw spection by 3"e Retnon • ' g f) and receip certificate of oauPm 10, / 1 !s}Z'—�1. 'fir- i'-#MON y 1' co,.cfc�a ON Sr1 11�i �r, l'�F �•t� . Nw CIT e.. .OF R ENTON ►Jl Fire Department Kathy Keolker-Wheeler,Mayor A.Lee Wheeler;Chief January 15,2004 Mr.Bruce Nielsen 3825 Lincoln Ave NE Renton, WA 98055 Dear Mr.Nielsen: Subject: Location of Aovegrouind Propane Storage Tank It has come to our attention that-a.propane tank located on you property is closer to the property line than is allowed_by the Uniform Fire Code(UFC). The UFC requires:a minimum of.10 feet separation-between the tank and buildings or propertymes (1997.UFC 8204.3). The tank currently sits approximately one'400t from,the fence on the south side of your property,which is assumed to be the property line. Until recently.,the area to the south of your property was undeveloped: The area is currently being developed, and the propane tank'now presents apotential hazard to the new structure being bunt on the south adjacent.property.: To be in compliance with the U_C;the tank must be relocated so that it is 10 feet from:your house and any.property line that can be built upon. - We.appreoiate your cooperation with this matter. You are more than welcome to.discuss.this. issue"with our Fire Marshal,Lawrence Rude;at(425)430=7028;. If you have any questions,I can be reached at(425.)430-7081. Sincerely, Eric K..Chapman, CHMM Hazardous_Materials Specialist cc:. . Law Offices of.Gary Olson 3900 E.Valley Hwy, Ste.204: Renton, WA 98055 David Main-Main Street Builders 40305 -302.'AveSE Enumclaw,WA 98022 1055 South Grady'Way-Renton,Washington 98055=(425)430-7000/FAX(425)430=7044 R E' N T.0 N AHEAD OF THE.CURVE This paper contains 50%recycled material,30%post consumer .