The URL can be used to link to this page

Home My WebLink AboutInsterstate Hood Appeal � i� i i i tl I h � i i il dl i i IdVJ, il iuJ.li661:,Idil,ud�ItlAiiiY w��iululll nlloVa�lill�i� f�ih Jd6a,I�II�,��,IIIpJJiullllllldlull�llii�lii.��„V� i� IJi�I �, �� I ,�u, u�a, iu hi�I�J.i J6uIJl�� 6i..��, T 253 852 2345 LAW FIRM F 253 852 2030 F 253 859 8037 CITYOF REN701V i,:�:,,,, i :,; ;,�-, �;: November 11, 2016 �� - :��.I . .'�'. �.� ;'' NOV142016 � ", �; �,. , �� ': ��.��r, vv,�, �:;u z�_��tI. RECEIVED curranh!m��,�n City of Renton CITY CLGRK'S OFFIGE Mearing Examiner 1055 South Grady Way Renton, WA 98057 Re: Notice of Appeai of Denial of Business License to Interstate Hood Company 329 Wells Avenue South, Renton, WA Dear Mr. or Ms. Hearing Examiner: We represent Interstate Hood Company, and hereby submit this Notice of Appeal on its behalf. Statement of Facts Interstate Hood Company signed a lease for a building at 329 Welis Ave So. in the Renton downtown core. The building was constructed in the 1950s and has been populated by numerous businesses since that time. It is surrounded by commercial buildings, including a large commercial laundry in multiple buildings (Service Linen Supply), a tavern (Melrose Grill), an electric supply (Platt Electric), a general contractor's office, and the like. The Applicant submitted what it assumed was a routine application for business license dated July 1, 2016, a copy of which is attached hereto as Exhibit A. The Applicant indicates that its business is "retail sales of residential and commercial kitchen hoods, inventory, and storage." It also intends to use the building for its office. It has a warehouse location in Kent that it uses for fabrication and large item storage. The current use and historical uses of 329 Wells Ave. will not change; namely the building is both configured and has been used as retail, storage, and office use for at least the past forty (40) some years the current owners have owned it. On July 21, 2016, the City of Renton issued an initial denial of the license, concluding that Interstate Hood was a construction contractor for purposes of the RMC. An informal meeting occurred between the Applicant, the building owner, and Chip Vincent, CED Administrator for the City on September 21, 2016, which involved review of the Applicant's building plans and a discussion of its proposed uses. No record was prepared of that meeting and documents were shared informally. On October 28, 2016, Mr. Vincent denied the business license application by letter attached hereto as Exhibit B. His letter concludes that the Applicant's use would not be a "contractor's office" as was originally determined. The letter accepts the fact that a portion of the Applicant's business plan focuses on sales to single family owners for residential purposes, but indicates there is a wholesale component to the proposed use. The letter suggests that the Applicant resubmit as an unclassified use pursuant to RMC 4-2-050 via an administrative Conditional Use Permit. A PROFESSIONAL SERVICE CORPORATION Serving our community since 1948. City of Renton Notice of Appeal November 11, 2016 Page 2 Statement of Errors in Fact or Law Zoning for the property is currently Center powntown (Cp). Retail sales and office uses are permitted in the CD zone. Storage is permitted as an accessory use, provided that it is limited to products related to the allowed uses and is not located along the street frontage or in areas visible to the public. It appears that the Applicant's intended uses comply with the zoning and no variance is required. The conclusion that Interstate is primarily a construction contractor that does not operate a retail business is not supported by the facts or the Renton Municipal Code and Mr. Vincent correctly reversed that determination. Even if the proposed uses are not allowed in CD, they are consistent with legal nonconforming uses allowed pursuant to RMC 4-10-060, which are not impacted by change of tenancy pursuant to RMC 4-10-040. In order to preserve its rights under the RMC, the Applicant files this appeal while considering whether to file a separate application as an unclassified use via an administrative Conditional Use Permit. Relief Requested Interstate Mood Company seeks the following relief: 1. For an appeal hearing in accordance with RMC 4-8-110 et seq., with the ability to supplement the record with documentation given that the September 21 meeting was informal and no record was created; 2. For issuance of a business license to Interstate Hood Company; and 3. All other relief it may be entitled to under RMC and state law. A check in the amount of$250 representing the fee for an appeal of Mearing Examiner's Decision is enclosed. Thank you for your consideration in this regard. Sincerely, CU RAM L FIRM P.S. ohn M. Casey JMC/kac Enclosures ` cc: Chip Vincent, CED, City of Renton City of Renton Clerk's office Terry Fletcher, Interstate Hood Company Casey and Brian Losh �r��:��9 ��,��Q��s , �,r�,��..� ,4 APPLlCATION FQR CITY OF RENTON BUSINE55 LICENSE �-� �"� Crtyof r;'�`�.l ��,�.�� t��.��.� ��. " ""��"'�� ,� t f � �� -��;;� (i�lCOC�iPLETERPPLECA2lONS4�tILL�qTBEPRQCE55ED} _____ _ ___ _ General Business Litense Required: Every 6usiness enterprise, including but not limited to seasonal,temporary,or portable sales lausinesses,shali first obtain,from the City oE Renton, a general business license.The generai business license shail not be trdnsferable. Reference Renton Nlunicipoi Code 7itle S Chapter S BUSlNESS IN�OftMA7i0N Business CA�lN�T operate without an approved license.lnside City crpplitatioras moy rake S-2 weeks for processing __ _ __ Check all that appty: ❑ Inside City 0 Outside City `�3'New Business ❑ Location Change ❑ New Ownership ❑ Name Change Projected Annt�al Gross P,everue (in Renton}: $ ! �t. `}' Prajeeted F,nnuai Hours UVorkeci {tn P,entan}: ��Crl �GG��`I' BUSINESS NAME AND PHY5ICAL LOCATION: WA State UBI#: !vt'� ^ �� f �v`'j�y f41c_ �oiJ:.� ('.��i"j�'��`'�" Contractor's l.ii#(if appGcablP� N�.VUC.- `,� �� "�l!� C�'l/�� ' I Lega!Owner(s),{o�Y�URhusiness),Name and address: (��.�ic� , (,�A- �� 5 Lde�.` s��.�r� ��.z3S �� /y� Business Telephone: (�.u� � ��~�``3 �� /U�`v'% f-'�e-'��-�.�� .5 S � I�i j Business Email Address: ��/ �"� ��^�� Hame Phone:��Q� �7� 3�G�'Ceil:( ) Mailing Address(Check if same as a6ovea ❑ Owner's Emaii: l�+^�Y a.1 �-1�L'�L C� l�-�� o � r z�3 S �� " Emergency Name&Te(ephone Number(Oiher than ownerl K��.r w'�- ��3! �.i��- 3�"7- �.3'�4r Have you previous(y had a Renton Business License?Yes❑ Na❑ Date 6usiness is to openJoperate in Renton:_��'�I�20 <� Is yaur business door-ta-doar sofltitationfpeddler? Yes O No❑ !f Yes,please sfop and complete a PeddlerPermit Form D�SEPitt�TYA�4F$EJSi{4@SS ICt C7et3EI: you a non-profit entity?Yes❑ No❑ �4�.:,,� ( �'G-l�5 z'-�-- f�.c5r�e.�,7f �`7 rf Yes,please provide a copy of IRS 501(c)oward letter ��,� ��,,.Ky�, �4��' f�j -f-L h�,� IF YOUR BUStNESS t5 BASEg t}Ui'OF CITY ��f•'�c'�5 � ��V t w�� 'Y � s��'``>"�r Address of where f'srst job is to be peeEarmed: � _ _ � BUSINESS LICENSE FEES ANa REPORTING REQUIREMENTS REPOR7ING:Businesses will he sent an annua!renewa!notice. Susinesses are required ta report yeariy gross revenue and all honrs 4vorked this includes hours for owners.familv,emplovees.whether a wa�e is paid or not)for the previous full four(4)quarters prior to the expiration date. Nours worked i�excess of 1,200 hours wiil pay.0352 per haur,in addition to the initial A�nual Registration Fee of$110.q0 paid at the time of this applicatiori. Businesses with over $1.SM in revenue per year wi1l pay a t3usiness and CSccupatian tax ins2ead of a license fee based on hours wnrked.Oepending on the annuai grass revenue,a business may be required ta report quar#eriy or annualiy. However,everv business is reQuired to reoart all�ross revenue and hours�vorked veartv,whether vou receive a renevral from the cihv Qr not. _ _ 1 hereby swear or affirm that the statements and information fumished by me on this application are,to my knowledge, accurate,true and complete. I acknowledge these statements and informatian are publie records that may be available for public inspection pursuant to RCW 42-55, tne Putalic Records Act, and that any inaccurate, false,or incampiete statement may be a crirne under the RCW andJar RMC,punishable under RCW 9.92 and/or RMC 2-3-1 SIGNATURE: � �, �' DATE: ��J�II� � t .,�^' PRINT NAME: /'=.trrr ��i•�GL.... I At?r?t��t Pe;;s�s'�t?��F�fl C.1�i?(��e,.3: ,�1?C}.Q� � r r,etsat�n Co�r,�;i�=tec�/:�plic�ticn�^,��Eh City af Renton License Division Phone: 425-43Q-6851 p�yn7�<it to: 1055 South Grady Way Fax: 425-430-6983 Renton,WA 98057 Email: licensing@rentonwa.gov �b. .t�Ff10E USE ONLY ! _ � I � i � I � � Amaunt Paid i Date I Payment Type � NAICS � Appiication# � Business License App 03/2015 1F YC7UR BUSIPdE�S I��1,fd C/U�"'t7r"CiIY EIJ�I(`dESS�Csl�lf��E`iE FiR�T P iC'aL(3iei.1` COMMERCIAL$USINE55 LICENSE APPItCATION (i+:ES p��--�r�d et�'o.ytY) City of Renton, Washington 1NILl TNE APPEAEtANCE OF YC1UR BUSlNESS CNANGE BY ANY{?F THE fOtIOWtNG ior display Yes❑ Na[�- tf YES,expEain: Exteriar building alterations Yes�-Na �- lf YES, explain: �`��I fll� Additional parking Yes❑ No � If YES, expiain: Exterior storage Yes � No (� I�YES,explain: Interior remodel or alteration Yes�- Na ❑ if YES,explain: C.��`� � s � �"��'� �� !f known,wt�at was the previous business at your location? WiEI your business be the same type as the previaus business at this location? Yes � No� If N0,please explain the new type of your business: �-�� '-f�--� C7�" �n��5 � C}~��L S Will your business have signs? Yes'�.IVo� if YES haw many,sign type and size: � �� Will your business be a mabile food vendor? Yes❑ No�- Will your business be a ternporary sales location? Yes❑ No(�. Will your business have 10 or mare shopping carts availabie for customers? Yes❑ No [� STRUCTURAL INFORMA�!(3N Square footage of the business: I �� Oaupancy load of business. indicate MAXtMt1M number of persons on the business premises: �� Is the premises protected by a fire alarm? Yes�-Na ❑ If YES, Name of Fire Alarm Monitaring Company: �� Does your business have a burglar alarm system? Yes � No ❑ If YES, Name of Alarm Monitoring Company: � � � ls �system protected by a sprinkler system? Yes❑ No�— Vy��.your business use flammable and/gr combustible liquids,compressed gases or other hazardous materials? Yes ❑ No`�. 1#YES,provide the follqwing information ratfach oddifionot pages if more spoce is needed): (1j Chemical Names(s�: (2) Amount: (3j Purpose of iYs uss: BUSINESS REQ,UtFtEMENTS NOTE: Restaurant and Food Handlers are required to submit a copy of their Heaith Department Certificate u✓ith their City of Renton Business License AppHcation. (WAC 246-217} NOTE: Portable fire extinguishers must 6e provided, 2A-lOBC minimum size. Exact number and placement details can be abtai�ed from Renton Fire&E+nergency Services,Community Risk Reduction. Annual service required. NOTf: Annua!inspectians�viN be canducted by the City's Fire Department,Community Risk Reduction per adopted City Ordinances. NOTE: Priar to cammendng your business, you may be required to meet with Fire and/ar the Building Department and the Water Utility ta determine whether your business wili meet ai(appiicable Gty codes for the type of business proposed. NOTE: Permits may be required from Fire andJor the 8uilding Department and the Water Utility for your propased use, operation or remadeling. Bus�ness�icense app o3/zo�s 4F YOUR fi�U�1fi�2E55 ES APJ C?UT�F r`iiY FLiSEt�tESS CC3f'Jf��.E!� F!?ST Pe?uc E7�tLY _ __ _ ♦ 4:��'.F'""'% �9, Denis�aw Mayor ..�:��, t� �� . '"�� . � Community&Economic Development C.E."Chip"Vincent,Administrator October 28, 201& John M. Casey Curran Law Fi�m 555 West Smith Street Post Office Box I40 Kent, WA 98035-0140 R�: Appeal af Business License Denial;interstate Industries, Inc. at 329 Wetls Ave. So. tn Rentan Dear Mr. Casey: i am in receipt of an appeal that was filed on luly 29, 2016 fo� the City's denial of the a6ove-referenced business license applicatian at the abvve-referenced location. The denial was issued an luly 21, and the reason for the denial is that the proposed use is not allowed under the current zoning. Subsequent ta the receipt af the appeai tfie City rece'rved a response ietter, dated August 22, 2016, in which you requested a meeting. A meeting was held an Septernber 21, 2016 date, wherein you provided additional information related to th�e In#erstate Haod Business modei and aperations. After consideration of both the appeal (etters and the meeting, it has been determined that Interstate industries, tnc. is in fatt not a "contractor office" as originally determined. Fivwever, despite a portion of the business plan focusing on sales to singie family home owners fcrr retail purposes it is difficult to detarmine wnat portion of a bus'rness is retail and what partion af a business is wholesale. Based on #he inability ta accurately determine these percentages for any ane business, i have deterrnined that the Interstate industries, Inc. would be cansidered an unclassified use pursuant to RMC 4-2-05�. Pursuant to RMC 4-2-O50.C.6.a, In order to make a determination that an unciassified use is permitted, conditionalCy permitted or accessory, the Develapment Services Division Director must find that the use is: 1055 Soukh Grady Way,Renton,WA 48057• rentonwa.gov i. !n keeping with the purpose and intent of the zone, and consisrenr wirh rhe Renton Comprehensive Plan policies; and ii. Srmilar in nature ro, and no more inrense thon, o specifically lisied permicted, conditional or accessory use; and iir. Consistent with su6sec�ion C4 of this Section, if determined to be permissible os an accessory use. Analysis of the above Criteria for lnterstate Industries, Inc._ i. !n keeping with the purpose and intent of the zone, and consisrent with the Renton Comprehensive Plan policies;and The purpose of the Center powntown (CD) zone is to provide a mixed-use urban commercial center serving a regional market as well as high-density residential development. Uses include a wide variety of retail sales, services, multi-family residential dwellings, and recreatian and entertainment uses. The Comprehensive Pfan states that the Center powntown zone is intended to revitalize the area by creating a vibrant, urban center in Renton's historic downtown core. Traditional retail sales, which are permitted outright in the CD zone supports the purpose and intent of the zone by its built form and function. For example, traditional retail establishments provide a primary entry, with signage and display windows to create an attractive environment to attract patrons. This environment supports the revitalization and creation of a vibrant urban center in Renton's historic downtown cvre. Comprehensive Plan Goal L-BB strives to maintain a high quality of life as Renton grows by ensuring that new development is designed to be functional and attractive. lnterstate Industries, Inc. have indicated a portion of their business would indude retail sales, however a portion of their business also includes wholesale and storage. lt is difficult to determine what portion of a business is retail and what portion is whalesale. The key to a retail establishment's compliance with #he purpose and intent of the zone is the form it takes in the built environment. The establishment should revitalize and create a vibrant urban center and provide a wide variety of retail sales. For businesses like tnterstate Hood and Fan this could be accomplished by providing a prominent entry and a display and sales space on the street, meeting the City's urban design guidelines applied to the zone. To ensure that retail/whole sale business meet the intent of the zone, they should be permitted in the CD zone pursuant ta an Administrative Conditional Use Permit. The permit would allow for the City to ensure that retail/wholesale business provide the "retail" environment necessary to create a vibrant downtawn core which would support the purpose and intent of the zone and Goals of . the Comprehensive Plan. '� -� � 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov ii. Similar in nature to, and no more intense fhan, a specifically listed permitced, conditiona!or occessory use;and Interstate Industries, Inc. is sirnilar in nature to retail sa{es however it may be more intense due to the whofesale component. The wholesale component could add such items as larger storage areas, trucks and equipment storage and a lack of pubfic presence. As such, the use should be permitted in accorciance with an Administrative Conditional Use Permit and not permitted outright. This would allow staff to add conditions to ensure the use would not be more intense or have more impact on the area than the allowed retail use. iii, Consistent with subsection C4 of this Section, if determined to be permissrble as an occessory use. Interstate Industries, Inc. would not be considered an accessory use; therefore this section does not apply. Based on the information submitted to the Administrator, the Renton Municipal Code, and the Administrator's application and interpretation of that code contained herein, Interstate lndustries, lnc.'s appeal to receive a business license is hereby cienied. Mowever, pursuant to RMC 4-2-O50.C.6.a Unclassified Uses the business license could be approved following the approval of an Administrative Conditional Use Permit (CUP}. APPEAL:This decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on November 14, 2016. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3};WAC 197-11-680}, together with the required fee to the Nearing Examiner, City of Renton, 1055 South Grady Way, Rentan,WA 98057. RMC 4-8-110.8 governs appeals to the Nearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, (425)430-6510. Sincerely, r ��. � Chip Vincent CED Administ�ator � .�=. � 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov ��Y o CITY OF RENTON Receipt N Q 2 2 7 8 O � City Clerk Division � � � 1055 South Grady Way "� � Renton,WA 98057 � � .� � � -�/� ��'T� 425-430-6510 Date ❑ Cash ❑ Copy Fee ❑ Notary Service �Check No. "�Appeal Fee ❑ / - Description:�;r�,�,�,,�-- c;�,�-.�.��s� �--�e,��C1, ��v� �7 c,�.,.�,�, 1`��5��`.�` t t c' c :v�..� . �-- �(7 (�P nt ,i � _ � � _ Funds Received From: Y Amount $ � ` � ��.--o -- Name � \.�,,`fi'C aN'� 1_C�..x-� � �vV1 I `. ; Address �� 1��` ��rv. �� t'�Y C� �C�� City/Zip K.-�r-�,� �,_, C1 ��5:� I � .c City S'�'�ignatureV � 1