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HomeMy WebLinkAboutA_Public Art Exemption---fin � K i r15 7e �_ -- co 43 -1(o-Jk BY HAND (April 30, Z ` o ECEIVED Donna Locher Lead Code Compliant-- f"� /'P� �— APR 3 0 2018 City of Renton dlocher@rentonwa.I e.1A1tZt ( f� 0 S I rY OF RENTON a 5 h fly 7 D �y !DE COMPLJANCE Dear Ms. Locher: � In response to the Warning of Violation dated April 13, 2018 (CODE18-000010) this letter and the attachment hereto shall constitute the timely response and application for a Public Art Exemption to the Sign Code Requirements under 4-9-160 of the Renton Municipal Code. Please note that the warning refers to two different works of art (murals) which are present at the premises known as 420 Sunset Blvd N, Renton, WA 98057 and the Notice was addressed to Seattle Tribe Partners Inc. Only one of the murals in question is located on the premises occupied by Seattle Tribe Partners, Inc. (sub -tenant of Suite A) and one is located on the premises occupied by Buddys Glass and Goodies, Inc. (sub -tenant of Suite B). Accordingly the Notice is deficient as to the mural on Suite B as the occupant of that portion of the premises has not been given any notice of violation, however, so as not to create duplicative efforts, if you are willing to treat this application as on for both murals (other than treating each different should there be a question or determination as to any one of the criteria for the Exemption so that a determination on one mural shall not have any effect on a determination on the other then we will proceed on both murals in this one application. If not, as a matter of law, there is no pending Notice of Violation as to the mural located on Suite B and no violation can be issued to Buddys Glass and Goodies, Inc. regarding that second mural. Seattle Tribe Partners, Inc. and Buddys Glass and Goodies are each separately licensed to do business in the City of Renton. Upon inquiry to 6th floor personnel (Lynn) we were informed that there is no application form nor any application fee for this filing. If that is not correct, please let me know and I will be happy to make any additional filing or pay any fee that is required. First, to be clear neither mural is a "sign" as defined by Section 4-11-190 of the Renton Municipal Code. Neither mural currently contains any reference to the respective businesses upon which they are affixed and further, "murals" are specifically not considered signs as per that section. The prior inclusion of a (invalid) hashtag which was on the mural affixed to Suite B has, prior to this application, been removed. The Washington State Liquor and Cannabis Board has specifically determined that the mural on Suite A is not a "sign" and was therefor not subject to the size restrictions for licensed cannabis retail businesses. The WSLCB further acknowledged that it had no jurisdiction over the mural affixed to Suite B as it was not part of the LCB licensed premises not controlled by the licensee (Seattle Tribe Partners Inc.) BY HAND (April 30, 2018) Donna Locher Lead Code Compliance Inspector City of Renton diocher@rentonwa.gov Dear Ms. Locher: -)Ung f-,1ri` -LC)(p- (0 10 -7,K:) Wil �a)o-(c ops RECEIVED APR 3 0 2018 CITY OF RENTON CODE COMPUANCE In response to the Warning of Violation dated April 13, 2018 (CODE18-000010) this letter and the attachment hereto shall constitute the timely response and application for a Public Art Exemption to the Sign Code Requirements under 4-9-160 of the Renton Municipal Code. Please note that the warning refers to two different works of art (murals) which are present at the premises known as 420 Sunset Blvd N, Renton, WA 98057 and the Notice was addressed to Seattle Tribe Partners Inc. Only one of the murals in question is located on the premises occupied by Seattle Tribe Partners, Inc. (sub -tenant of Suite A) and one is located on the premises occupied by Buddys Glassiand Goodies, Inc. (sub -tenant of Suite B). Accordingly the Notice is deficient as to the mural on Suite B as the occupant of that portion of the premises has not been given any notice of violation, however, so as not to create duplicative efforts, if you are willing to treat this application as on for both murals (other than treating each different should there be a question or determination as to any one of the criteria for the Exemption so that a determination on one mural shall not have any effect on a determination on the other then we will proceed on both murals in this one application. If not, as a matter of law, there is no pending Notice of Violation as to the mural located on Suite B and no violation can be issued to Buddys Glass and Goodies, Inc. regarding that second mural. Seattle Tribe Partners, Inc. and Buddys Glass and Goodies are each separately licensed to do business in the City of Renton. Upon inquiry to 6th floor personnel (Lynn) we were informed that there is no application form nor any application fee for this filing. If that is not correct, please let me know and I will be happy to make any additional filing or pay any fee that is required. First, to be clear neither mural is a "sign" as defined by Section 4-11-190 of the Renton Municipal Code. Neither mural currently contains any reference to the respective businesses upon which they are affixed and further, "murals" are specifically not considered signs as per that section. The prior inclusion of a (invalid) hashtag which was on the mural affixed to Suite B has, prior to this application, been removed. The Washington State Liquor and Cannabis Board has specifically determined that the mural on Suite A is not a "sign" and was therefor not subject to the size restrictions for licensed cannabis retail businesses. The WSLCB further acknowledged that it had no jurisdiction over the mural affixed to Suite B as it was not part of the LCB licensed premises not controlled by the licensee (Seattle Tribe Partners Inc.) Photos of the two (2) murals are attached and properly labeled as to "Suite A" and "Suite B." CRITERIA FOR EXEMPTIONS FROM SIGN CODE AND REQUIREMENTS: Object of art are exempt from the requirements of the City's Sign Code when: 1. Sited in a manner as to be readily accessible to pedestrians for passive viewing; Both murals are readily accessible to pedestrians for passive viewing, as Sunset Blvd N sidewalk goes directly infant of the building and access to the murals is not impeded not obstructed. Additionally, you can also see the mural from the sidewalk on the other side of Sunset Blvd. 2. Sited in a manner so as not to unduly divert the attention of motorists from the roadway; The mural does not divert the attention of motorists from the roadway, because there is no vibrant or neon colors. The building on which the murals are affixed is set back from the flow of traffic with a parking area in between the roadway and the murals and as such does not cause any undue diversion to motorists. 3.Stationary and do not revolve or otherwise move; The murals do not move or revolve>They are on a fixed steel structure and secured to the side of the building. 4. Not Illuminated; There are no special lights or lighting shining on the murals nor do the murals have any illumination to it. 5. In good taste and reasonably reflect acceptable community values; The Buddy's namesake is Buddy Harlowe, grandfather to CEO Myles Kahn. He was a bandleader at The Latin Quarter- one of New York's City's iconic nightclubs during prohibition era. With regard to the mural on Suite A, the namesake reflects a long heritage of music. Regarding the Suite A mural that was citied, for Seattle Tribe Partners, the names of the people on the mural are Jerry Garcia, Willie Nelson, Louis Armstrong, and Bob Marley. All of the artists are very famous in their own way, each having won prestigious national awards, one of which has schools named after him and is was names as a National Endowment for the Arts Jazz Master. Aside from his lifelong musical legacy, Willie Nelson, is also well known for organizing Live Aid, a musical event which aided to struggling American independent farmers. The image of Willie Nelson is not of him smoking cannabis, despite it being on a cannabis store, the image was is one of him to smoking a hand rolled cigarette, typical of an American farmer. There are no indicia of marijuana on the mural. For arguments sake, however, even if there were, smoking marijuana, along with buying, selling and distributing (under license or within prescribes rules) is legal in the State of Washington. Advertisements for marijuana and marijuana products and the promotion of marijuana events, social and business are public and widespread and thus clearly acceptable to community standards. The City of Renton has licenses five cannabis retail stores, Including one to Seattle Tribe Partners, Inc (Buddy's). It would be a seem a bit hypocritical to say it is not within community standards when it such a business is licensed by both the City of Renton and the State of Washington and all activities of said business are in compliance with the regulations specifically designed for that business and there are no specific guidelines prohibiting such depictions. The mural is on Suite B, occupied by Renton licensed business, Buddys Glass and Goodies, Inc., portrays an object d'art - - an original hand blown glass sculpture. Glass art is a well-recognized genre, particularly in this region, with the popularity of Dale Chihuly, the Pilchuck School of Glass Art and the Museum of Glass, right down 1-5 from Renton, in Tacoma. Glass art such as the one depicted in the mural on Suite B (also an original creation by artist Emily Sherwood are widely sold throughout the State of Washington and could not be considered a violation of community standards absent a specific prohibition. Emily Sherwood, is a recognized artist. Attached are photos of Ms. Sherwood's signature/attribution as the artist/creator of the two original murals. Her Instagram homepage (copy attached) also which indicates her status as a professional recognized artist. Ms. Sherwood was commissioned and paid to create both of these original works. 6. Of sufficient durability so as to have a life expectancy of least 10 years. The mural is painted on a durable steel panel and then coated with a protective coating to withstand elements, which will last a minimum of 10 years. 7. Not used or referred to in the media or by the owners of the premises or operators of the businesses contained thereon for business advertising purposes. The WSCLB has previously determined that the mural on Suite A is a work of art and not an advertisement. If this was not the case it would be a LCB regulation violation. There are no words and they did classify it as a piece of art. Similarly, with regard to the mural on Suite B, no words appear at all other than the name of the artist, much less anything indicating the work of art is an signor advertisement. Neither mural have been used in any ads or media by either business designed to promote the business. °i �ti L:� }• •F fin' � �' l % ,, `'I`%�. k�4111�i 4 4� r� WSW !a � Law— ,5 'r /. k1 I •fes - � 't •. a N:e two ABOUT US SUPPORT BLOG PRESS API JOBS PRIVACY TERMS DIRECTORY PROFILES HASHTAGS LANGUAGE © 2018 INSTAGRAM I Not 4A)k oaoo to & a J � [• y'7 alit ' !lslQs_l 171 I rLJ qw LIZ. fin -07 �� i t.ri •,. .'; .. - "s a -'14�`'i-� 10