HomeMy WebLinkAboutC_HEX_AppealPLANNING & DEVELOPMENT COMMITTEE
COMMITTEE REPORT
February 23, 2009
ST. THOMAS ORTHODOX CHURCH
CONDITIONAL USE PERMIT APPEAL
File LUA OS-102, CU-H
(Referred February 2,2009)
APPROVED BY
CITY COUNCIL
Date ~-~8.Mc)9
The Planning and Development Committee ("Committee") heard this appeal on February
12,2009. Pursuant to RMC 4-S-IIOF, the Committee's decision and recommendation is
limited to the record, which consists of, but is not limited to the Hearing Examiner's
Report, the Notice of Appeal and the submissions and presentation made by the Parties.
The subject property is located on 11651 SE 18S th Street in Renton, W A. The Applicant
sought a conditional use permit ("CUP") to renovate an existing mechanical shop
building on the property to a worship/study center called the St. Thomas Orthodox
church. There are also two separate residential buildings located in the same property,
but those would remain unaflected by the CUP.
The Hearing Examiner held a public hearing regarding the CUP on October 21, 2008. In
its original report, City Staff had recommended denial of the CUP applicable based on
conflicts and incompatibility issues. However, on the day of the hearing, Applicants
submitted a new proposal which ameliorated many of the outstanding issues and
addressed all of the City Staffs concerns with the project. The Hearing Examiner
continued this hearing after receiving testimony by members of the public, including
Appellant, Mr. David Christman, Sr.
On November 4, 200S, the parties reconvened. Based on the changes made to their
proposal, City Staff recommended approval ofthe CUP. The City Stafffound that the
change in access proposed by Applicant mitigated the various concerns which previously
existed.
Access to the property is currently available via ll8th Avenue SE, a 12 foot wide gravel
private street. A records search of the area revealed that 1 18 th Avenue SE is not a public
right of way, and although an easement appears to exist, it is umecorded and does not
show the specific access rights. However, the Applicant has proposed to close off this
access and screen with landscaping to provide buffer and mitigate any impacts to the
residential neighbors across this street. Instead, Applicant will restructure access via SE
1 88 th Street, a larger, public residential street to the north of the subject property.
Applicant has further proposed bringing in sewer service to replace the current septic
system in the subject property.
st. Thomas CUP Appeal
February 23, 2009
Page 2
After consideration of all the testimony and evidence, the Hearing Examiner issued his
decision on November 20, 2008, approving the CUP subject to thirteen (13) specific
conditions. On December 3, 2008, Appellant David Christman, Sf. filed a request for
reconsideration. On December 30, 2008, the Hearing Examiner denied the request for
reconsideration and affirmed his initial decision of November 20, 2008. Appellant
Christman filed a timely appeal to the City Council requesting denial of the CUP.
Having considered the comments made by and on behalf of the Appellant, and having
reviewed the files and evidence in this matter, this Committee makes the following
recommendations to the City Council:
1. That the City Councilfind that the Hearing Examiner did not make any error
of fact or law in approving the CUP;
2. That the City Council adopt all the Findings and Conclusions set forth in the
Hearing Examiner's Report dated November 20, 2008;
3. That the City Council affirms the decision made by the Hearing Examiner to
approve the CUP, and adopt the specific conditions 1 through 13 set forth in
~1he~Mt.il.i·. g Examiner's Report datedNovember 20, 2008;
IE BRIE, Vice Chair
RICH ZWIC R, Member
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cc: Alex Pietsch
Chip Vincent
Jennifer Henning
Fred Kaufman
Appellant David Christman Sr. (via counsel, Keith Scully, Gendler & Mann)
Ann Nielsen