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Home My WebLink AboutLUA99-163 Board of Public Works March 15, 2000 Page 2 • UNDERGROUND VARIANCE, U.S. WEST COMMUNICATIONS, INC. S.W. LANGSTON RD., 400 TO 600 BLOCK - applicant requests a variance to the underground Ordinance for the installation of underground utility lines to replace existing pole lines. Action: Moved by Gerber,seconded by Gray to grant the variance as submitted by the applicant with the stipulation that the applicant agree to participate in any future project that would place the overhead utility lines underground. Motion Carried. 3. OLD BUSINESS: • OFF-SITE DEFERRAL, SYLVIA SHORT PLAT,LUA 99-163, RENTON AVE. S. AND S. 7TH ST.- motion to acknowledge a Restrictive Covenant was recorded with King County. Discussion: This deferral was denied initially by the Board because of concerns with storm water run-off entering the lots due to the slopes and lack of sidewalks on the plat's adjacent street frontages. It was appealed by the applicant and the Board decision was discussed by the Hearing Examiner and applicant, stating there was not enough basis for the declaration of a Restrictive Covenant. In order to preclude a determination by the Hearing Examiner,the City Attorney negotiated with the applicant to allow the previously denied deferral. A Restrictive Covenant was recorded under King County Recording No. 20208001482. Action: Moved by Meckling,seconded by Gerber to acknowledge the Board accepts the City Attorney's negotiated settlement, and approves the deferral of the Sylvia Short Plat. Motion Carried. 4. ADJOURNMENT: Chair Hanson adjourned the meeting at 9:00 a.m. BOARD OF PUBLIC WORKS 8:30 a.m. Renton Municipal Building Wednesday, March 15, 2000 Conference Room No. 620 IN ATTENDANCE: Jana Hanson, Chairman Larry Meckling, Building Official Dave Christensen, Utilities Systems Jim Gray, Fire Prevention Dennis Gerber,Police Paul Lumbert, Board Coordinator Mickie Flanagan, Recording Secretary Judy Walter, PBPW Admin. VISITORS: Fred Armstrong, Centex Homes—Windsong Tom Brown, Centex Homes-Windsong Terry Campbell,Todd Short Plat MINUTES 1. CALL TO ORDER: Chair Hanson called the meeting to order at 8:30 a.m. 2. REQUESTED ACTION: • ON/OFF-SITE DEFERRAL, TODD SHORT PLAT,LUA 00-0001, 1312 n. 32ND ST. - applicant requests a deferral for off-site improvements (curb, gutter, street paving, sidewalk and streetlights). Discussion: Staff recognizes in some instances where a lot is being split into additional lots, it is difficult for the developer to incur the financial burden for the referenced improvements. There are no improvements in the adjacent area at this time. Action: Moved by Meckling,seconded by Gerber to waive the requirement of off-site improvements for the Todd Short Plat. MOTION CARRIED. • ON/OFF-SITE DEFERRAL,WINDSONG PLAT DIVISION 1,N.E. 4TH AND HOQUTAM AVE. N.E. - applicant requests a deferral for final lift of asphalt paving, sidewalks and street lighting. Action: Following a brief discussion, it was Moved by Meckling,seconded by Gray to grant the deferral, subject to the following conditions: 1)that the applicant provide a cash deposit in the amount of$83,883.00(150%of the cost estimate for said improvements); and 2)that the deferral expires on August 31, 2000. Motion Carried. Board of Public Works March 15, 2000 Page 2 • UNDERGROUND VARIANCE, U.S. WEST COMMUNICATIONS, INC. S.W. LANGSTON RD., 400 TO 600 BLOCK - applicant requests a variance to the underground Ordinance for the installation of underground utility lines to replace existing pole lines. Action: Moved by Gerber,seconded by Gray to grant the variance as submitted by the applicant with the stipulation that the applicant agree to participate in any future project that would place the overhead utility lines underground. Motion Carried. 3. OLD BUSINESS: • OFF-SITE DEFERRAL, SYLVIA SHORT PLAT, LUA 99-163,5Vc RENTON AVE. S. AND S. 7TH ST.- motion to acknowledge a Restrictive Covenant was recorded with King County. Discussion: This deferral was denied initially by the Board because of concerns with storm water run-off entering the lots due to the slopes and lack of sidewalks on the plat's adjacent street frontages. It was appealed by the applicant and the Board decision was discussed by the Hearing Examiner and applicant, stating there was not enough basis for the declaration of a Restrictive Covenant. In order to preclude a determination by the Hearing Examiner,the City Attorney negotiated with the applicant to allow the previously denied deferral. A Restrictive Covenant was recorded under King County Recording No. 20208001482. Action: Moved by Meckling,seconded by Gerber to acknowledge the Board accepts the City Attorney's negotiated settlement, and approves the deferral of the Sylvia Short Plat. Motion Carried. 4. ADJOURNMENT: Chair Hanson adjourned the meeting at 9:00 a.m. BOARD OF PUBLIC WORKS 8:30 a.m. Renton Municipal Building Wednesday, March 15, 2000 Conference Room No. 620 IN ATTENDANCE: Jana Hanson,Chairman Larry Meckling,Building Official Dave Christensen, Utilities Systems Jim Gray, Fire Prevention Dennis Gerber,Police Paul Lumbert,Board Coordinator Mickie Flanagan,Recording Secretary Judy Walter, PBPW Admin. VISITORS: Fred Armstrong,Centex Homes—Windsong Tom Brown,Centex Homes- Windsong Terry Campbell,Todd Short Plat MINUTES 1. CALL TO ORDER: Chair Hanson called the meeting to order at 8:30 a.m. 2. REQUESTED ACTION: • ON/OFF-SITE DEFERRAL, TODD SHORT PLAT, LUA 00-0001, 1312 n. 32ND ST. - applicant requests a deferral for off-site improvements (curb, gutter, street paving, sidewalk and streetlights). Discussion: Staff recognizes in some instances where a lot is being split into additional lots, it is difficult for the developer to incur the financial burden for the referenced improvements. There are no improvements in the adjacent area at this time. Action: Moved by Meckling,seconded by Gerber to waive the requirement of off-site improvements for the Todd Short Plat. MOTION CARRIED. • ON/OFF-SITE DEFERRAL, WINDSONG PLAT DIVISION 1,N.E. 4TH AND HOQUTAM AVE. N.E. - applicant requests a deferral for final lift of asphalt paving, sidewalks and street lighting. Action: Following a brief discussion, it was Moved by Meckling,seconded by Gray to grant the deferral, subject to the following conditions: 1)that the applicant provide a cash deposit in the amount of$83,883.00(150%of the cost estimate for said improvements); and 2)that the deferral expires on August 31, 2000. Motion Carried. r _ _ CITE. )F RENTON. Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren • MEMORANDUM ' • To: Fred Kaufman,Hearing Examiner From: Anne Santos,Legal Assistant to Lawrence J. Warren, City Attorney Date:. January 20,2000 Subject: Sylvia Short Plat Appeal,No.LUA-99-014 I am enclosing,a Notice of Settlement in the above-referenced appeal. \.Io 1. Anne Santos • LJW:as. cc: . Jay Covington A8:170.37.' • Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 -‘(425)255-8678 :: This paper contains 50%recycled material,20%post consumer 1 2 3 BEFORE THE HEARING EXAMINER 5 OF THE CITY OF RENTON 6 In Re: Sylvia Short Plat NO. LUA-99-014 7 NOTICE OF SETTLEMENT 8 9 10 COMES NOW Clifford Sylvia, Appellant herein, and the City of Renton, Board 11 of Public Works, Respondent, and notifies the Hearing Examiner of settlement of the 12 dispute herein and requests the Examiner to remand the matter back to the Board of 13 1 Public Works for ultimate decision. 15 DATED this A' ay of January,2000. 16 Respectfully submitted, 17 WARREN, BARBER, DEAN& 18 FONTES,P.S. 19 20 B t;cm•-y PA : ,-�— La ence J. Warren, A#5853 21 Attorney for City of Renton 22 23 EISENHOWER& CARLSON, PLLC 24 25 By: Angelij a D. arlow, WS 3377 26 Attorney for Clifford Sylvia 27 3.29:20:as. 28 WARREN ;A :ER DEAN fr FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 PHONE(425)255-8678 • FAX(425)255-5474 EE LAW OFFICES OF N EISENHOWER& CARLSON, PLLC l — 6 2000 1200 Wells Fargo Plaza 1201 Pacific Avenue a r k�; ;`,: 4 1 Tacoma,Washington 98402 -�- �� (253)572-4500 FAX(253)272-5732 ANGELIA D.HARLOW Direct Dial:(253)620-2504 aharlow@eisenhowerlaw.com December 27, 1999 Mr. Fred J. Kaufman Hearing Examiner. City of Renton 1055 South Grady Way Renton, WA 98055 Re: Appeal of Board of Works Determination re Sylvia Short Plat Appeal File No. LUA-99-163,AAD Dear Mr. Kaufman: I left a voicemail message with your office on Thursday, December 23rd, inquiring whether you intend to hear the city's Motion for Partial Dismissal at the same time as the hearing on the.merits set for Tuesday, January 4, 2000, at 9:00 a.m. Please advise as soon as possible whether you intend to hear the city's motion. It would greatly assist me in my preparation for the hearing if I am informed whether I also need to prepare a response to the city's motion. Your prompt attention to this matter is appreciated. Thank you. Very truly yours, Angelia D. Harlow ADH:mjr • cc: Clifford Sylvia 00160928.DOC, SEATTLE OFFICE: 2830 Two Union Square,601 Union Street,Seattle,Washington 98101,(206)382-1830,FAX(206)382-1920 1 2 3 4 5 6 7 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON 8 9 In Re: LUA99-014 10 SYLVIA SHORT PLAT SYLVIA'S RESPONSE TO CITY OF RENTON'S MOTION TO DISMISS 11 12 The City of Renton's Motion to Dismiss raises essentially three issues: 13 1. Sylvia's appeal challenges the legality of the requirement to provide on and off-site 14 improvements, not the decision to grant or not grant the deferral of improvements and that the legal 15 challenge issues are not within the jurisdiction of the Board of Public Works or the Hearing 16 Examiner. 17 2. Sylvia's asking for a deferral of the improvements and then appealing the legality of 18 the City's ordinance constitutes contrary positions. 19 3. The doctrine of rough proportionality and nexus is not applicable to on and off-site 20 improvements,but only to the requirements for dedication of land relying on the recent U.S. 21 Supreme Court decision in Del Monte Dunes. 22 The City's Motion to Dismiss should be denied for the following reasons: 23 1. The Hearing Examiner has jurisdiction to hear Sylvia's appeal. 24 2. Sylvia's appeal does not present contrary positions; and 25 3. The City's interpretation of Del Monte Dunes is far too narrow. 26 EISENHOWER&CARLSON,PLLC SYLVIA'S RESPONSE TO CITY OF RENTON'S MOTION TO DISMISS- 1 ATTELLS FARGOLAW 1200 WELLS PLAZA 00161180.DOC 1201 PACIFIC AVENUE TACOMA,WASHINGTON 98402 PHONE 253-572-4500 FAX 253-272-5732 1 First,the Hearing Examiner has jurisdiction to address all of the issues raised in Sylvia's 2 appeal. The authority for this is found in Renton's Municipal Code and the State Subdivision Code. 3 The Hearing Examiner's authority as set forth in RCW 58.17.330 provides the City of Renton"shall 4 specify by ordinance the legal effect of the decisions made by the examiner." 5 The City of Renton's Municipal Code further provides in its development regulations: 6 F. Hearing Examiner 1. Authority: The Hearing Examiner shall review and act on the 7 following: a. Appeals of administrative decisions/determinations. 8 Renton Mun. Code 4-1-050(F)(1)(a) (emphasis added). 9 Sylvia appeals not only the City's denial of his request for a deferment but the legality of 10 City's rationale for doing so. The Hearing Examiner has the authority to review and act on Sylvia's 11 appeal per the City's own municipal code and the state subdivision code. 12 Sylvia appeals the decision of the City of Renton denying the deferral application as not 13 supported by substantial evidence and constituting a clearly erroneous land use decision. The reason 14 for the City's denial, i.e. stormwater concerns, are not supported by the substantial evidence in the 15 record. 16 Second,to preserve Sylvia's challenge to the legality of the ordinance relied upon by the City 17 in its denial of Sylvia's deferral request, a legal challenge should be presented to the Hearing 18 Examiner to preserve Sylvia's argument on appeal. It is not inconsistent to ask for a deferral and at 19 the same time appeal the legality of the City's ordinance in this situation because the application of 20 the ordinance is done in a disparate and discriminatory manner making the City subject to a legal 21 equal protection challenge which should be preserved by presenting it to the Hearing Examiner in 22 the Administrative Appeal. Crosby v. County of Spokane, 137 Wn.2d 296, 971 P.2d 32 (1999) 23 (Statutory procedural requirements must be satisfied before a superior court's appellate jurisdiction 24 is invoked). Further,to preserve the issue on appeal it must be part of the record below. Snider v. 25 Bd. Of Cty. Comm'rs. Of Walla Walla Cty. (Superior Court's review of decision to grant, deny or 26 EISENHOWER&CARLSON,PLLC SYLVIA'S RESPONSE TO CITY OF RENTON'S AW MOTION TO DISMISS-2 1200 WELLS FARGO PLLAAZA 00161180.DOC 1201 PACIFIC AVENUE TACOMA,WASHINGTON 98402 PHONE 253-572-4500 FAX 253-272-5732 • 1 impose conditions upon a proposed plat is limited to the record below and to a determination of 2 whether it satisfies constitutional requirements and is not arbitrary and capricious). While the purely 3 constitutional issue may be raised for the first time in the appeal to Superior Court,the Hearing 4 Examiner must be provided with as complete a record below as possible. 5 Third,the City's interpretation of the Supreme Court's decision in City of Monterey v. Del 6 Monte Dunes 526 U.S. 687, 119 S.Ct. 1624, 143 L.Ed.2d 882, 900 (1999)tries to overstate the 7 holding of the case. Del Monte Dunes does not limit the nexus/rough proportionality test to 8 situations where the physical dedication of land is required. As the City itself points out,-the Court 9 in Del Monte Dunes declined to rely upon the nexus/rough proportionality test precisely because it 10 addressed a case where a developer was suing based on the rejection of a development, not the city's 11 imposition of exactions. See Del Monte Dunes 526 U.S. 687, 119 S.Ct. 1624, 143 L.Ed.2d 882, 12 900 (1999)("the rule applied in Dolan . . .was not designed to address, and is not readily applicable 13 to,the much different questions arising where, as here,the landowner's challenge is based not on 14 excessive exactions but on denial of development."). By contrast, Sylvia's challenge to the City's 15 ordinance and denial of his deferral request is based on an excessive exaction and not a denial of 16 development, setting our situation clearly within the nexus/rough proportionality test set referred to 17 in Del Monte Dunes. The City's refusal to grant Sylvia's deferral request is the functional 18 equivalent of requiring a dedication of land because the improvement condition is so onerous as to 19 equate with a dedication. 20 This interpretation of Del Monte Dunes comports with court decisions applying the rough 21 proportionality test to factual situations more on-point with this case. In Ehrlich v. City of Culver 22 City, 12 Ca1.4th 854, 911 P.2d 429 (Cal. 1996),the court addressed the situation where a city exacted 23 a fee as a condition of permit issuance,rather than conditioning issuance on the outright dedication 24 of real property. Basing its decision on the Supreme Court's opinion in Dolan v. City of Tigard 512 25 U.S. 374, 129 L.Ed.2d 304, 114 S.Ct. 2309 (1995) and its earlier decision in Nollan v. California 26 EISENHOWER&CARLSON,PLLC SYLVIA'S RESPONSE TO CITY OF RENTON'S YS-AT-LAW MOTION TO DISMISS-3 12 0 WELRLSFARGOPLAZA ��161 t g�.D�C _ 1201 PACIFIC AVENUE TACOMA,WASHINGTON 98402 PHONE 253-572-4500 FAX 253-272-5732 • 1 Coastal Commission, 483 U.S. 825, 107 S.Ct. 3141, 97 L.Ed.2d 677 (1987), the California Supreme 2 Court held that the rough proportionality test should be applied where a fee is exacted as a 3 precondition to issuance of a development permit. Ehrlich 911 P.2d at 433. This case, cited with 4 approval in Benchmark v. City of Battle Ground 94 Wn.App. 537, P.2d (1999), stands for 5 the rule,that the rough proportionality test is not strictly limited to government-imposed exactions in 6 the form of land dedication. 7 Ehrlich is important not only for its holding, but also for the context and procedural posture 8 in which it was rendered. The case began with a suit in a California court to set aside the imposed 9 fees. The trial court held the fees to be unconstitutional. On appeal,the trial court was initially 10 affirmed,but subsequently partially reversed by the appellate court,viewing a portion of the fee to 11 be constitutional. The plaintiff land owner petitioned for certiorari to the United States Supreme 12 Court, which vacated the appeals court and remanded the case for determination in light of the rough 13 proportionality standard set forth in the newly issued Dolan decision. The appeals court held as it 14 did before,this time using the rough proportionality analysis. The California high court then 15 reversed the appeals court, again using the rough proportionality analysis. 911 P.2d at 435-436. In 16 short,the Ehrlich court analyzed the case of a non-possessory, fee-based exaction(i.e. one which 17 did not call for land dedication) under the rough proportionality test, specifically in light of the 18 Supreme Court's decision to vacate and remand the case. The implication is clear: analysis of such 19 non-possessory exactions (such as the fee based exaction at issue in Ehrlich)were properly subject 20 to a rough proportionality analysis. 21 Moreover,the underlying reasoning for using the rough proportionality test fully applies to 22 this case. The Ehrlich court identified the basic evil that the more stringent rough proportionality 23 standard sought to address: the coercive potential of the government's exercise of its police power, 24 whereby it has the unrestricted ability to exact concessions from private landowners through its 25 monopolistic authority over land use decisions. The rough proportionality standard in Dolan existed 26 EISENHOWER&CARLSON,PLLC SYLVIA'S RESPONSE TO CITY OF RENTON'S MOTION TO DISMISS-4 ATTORNEYS-AT-LAW 1200 WELLLSSFARGO PLAZA 00161180.DOC 1201 PACIFIC AVENUE TACOMA,WASHINGTON 98402 PHONE 253-572-4500 FAX 253-272-5732 1 as a check on the government's coercive ability to condition issuance of permits by requiring both a 2 logical'relationship (an"essential nexus")between the public benefit sought and the condition 3 imposed, 911 P.2d at 440,but also some proportionality between the condition and the impact of the 4 development on the area. 911 P.2d at 441-442. If this nexus and proportionality could not be shown 5 by the city,then the condition would be held unconstitutional. 6 Such is the case here. The City has demanded that certain conditions be met prior to issuing 7 the development permit. While they do not call for the express dedication of the real property to be 8 affected,they require the construction of, among other things sidewalks, curbs, gutters, storm drains 9 and underground utilities. Indeed,the Court in Dolan addressed the dedication of property for 10 stormwater drainage purposes when it articulated the nexus-rough proportionality test. See Dolan, 11 129 L.Ed.2d at 312 (dedication required pursuant to city's Master Drainage Plan). Here,the city is 12 requiring essentially the same thing. The net effect is precisely the same as in Dolan. The City is 13 preconditioning its approval on the landowner's concession to construct what amount to public 14 improvements, all at substantial landowner expense. For this reason, it should at the very least 15 justify its reasons for imposing such exactions under the proper constitutional standard. 16 It is clear that the City cannot do so. Because the record below does not support the Board's 17 determination based on stormwater problems that the proposed short plat will in any way alter 18 stormwater patterns as they have historically existed,the City's decision to refuse to grant a deferral 19 is not supported by substantial evidence. The City's Motion to Dismiss should be denied. 20 DATED this 7 day of January, 2000. 21 EISENHOWER : ' • :4 SON, PLLC 22 23 / g- a low,/. S g? 33 7 24 Attorneys Ar Clifford Sylvia 25 26 EISENHOWER&CARLSON,PLLC SYLVIA'S RESPONSE TO CITY OF RENTON'S MOTION TO DISMISS-5 1200 WELLLS FARGO PLAZA 00161180.DOC 1201 PACIFIC AVENUE TACOMA,WASHINGTON 98402 PHONE 253-572-4500 FAX 253-272-5732 BOARD OF PUBLIC WORKS REFERRAL STAFF RESPON SE Project: Sylvia Short Plat Location: Renton Ave S & S 7th Street 10-14-99 Title IV Renton Development.Regulations Chapter 9 Procedures and Review Criteria 4-9-060 Deferral of Improvement Installation C. Board of Public Works Deferral of Plat Improvements or Deferral of Other On-Off-site Improvements Beyond Temporary Occupancy Permit. Summary of Request: (See attached letter & maps) The applicant is requesting a deferral of off-site improvements, that include curb, gutter, sidewalk, storm drainage system, street paving and street lights on the abutting streets (S 7th Street and Renton Ave S) to complete recording of the plat. Background Information: The applicant is requesting a deferral due to the fact that there are no street improvements on S 7th street or Renton Ave S other than the paved asphalt roadway. S 7th street has a slope of approximately 23% running east to west and Renton Ave S is close to being level. Renton Ave S has existing curb, gutter, and sidewalks north of S 7th Street. Installation of curb, gutter and sidewalks may improve storm run-off from entering the abutting private property. Staff Response: • • /�( ) Construction Field f f% Services Section viewer' Signature ( ) :.. . Development & . :. Planning Section . . Reviewer's Signature ( ) Plan Review Section Reviewer's Signature ( ) Fire Department/ Fire Prevention Reviewer's Signature O Police Department Reviewer's Signature ( ) Utility Systems Division - Reviewer's Signature - ( ) Transportation Systems Reviewer's Signature • • APPLICATION FOR •.. CITY OF RENTON BOARD OF PUBLIC WORKS 200 Mill Avenue South, Renton, WA 98055 (425) 235-2569 • t 'OWNER Cliff. Sylvia . . • . -20:6—.244-1000 • fcleph�nc ADDRESS OF PROPERTY: Renten Avenue 'S & S' 7th Street . •96055 • • Zip Code LEGAL DESCRIPTION OF PROPERTY include King County Assessors II: 329470-0070 (attach separate sheet of paper it-necessary) • • • • • NAME OF PROJECT: Sylvia Short Plat • • APPLICANT: Cliff Sylvia • ••206-244-1 000 Telephone • BUSINESS ADDRESS:: P.O. BOX 797, Renton, WA 98055 ` . ' 206-244-1 000 • Zip Code 'Telephone • Attach a separate letter stating in detail: • • 1. The request 2. Applicable City Code 3. Items and quantities involved • • • 4. Justification for request• . 5: 'Time'allotment required for request. Attach a 1"= 100' drawing of your site and mail the completed application and map to: CITY OF RENTON Board of Public Works Arneta Henninger, Coordinator 200 Mill Ave. S Renton,WA 98055 You will be contacted if application is incomplete or if additional information is required. . COMPLETED applications received by 5:00 Monday will be placed the agenda approximately 2 weeks from that date. • Applicant's Signature , • • - • [Office Use Only] DA E OF FILING: . .:/0/.5/99 DATE OF BEARING: //,/a7/99 • • DEFERRAL ( ✓/" New ( ) Extension VARIANCE ( ) New ( ) . Extension Offsite ,/ ( ) UNDERGROUNDING ( ) DRIVEWAY Onsite • ( ) SLOPE GRADES ( ) NOISE EXCESS R/W ( ) .- II:WILL•..SYSWRM\8I131'W\0020.DOC\ .. FORM 81/0020 10/97 BOARD OF PUBLIC WORKS REFERRAL STAFF RESPONSE Project: Sylvia Short Plat Location: Renton Ave S & 3 7th Street 10-14-99 . Title IV Renton Development Regulations Chapter 9 procedures and Review Criteria 4-9-060 Deferral of Improvement Installation C. Board of Public Works Deferral of Plat Improvements or Deferral of Other On-Off-site Improvements Beyond Temporary Occupancy Permit. Summary of Request: (See attached letter & maps) The applicant is requesting a deferral of off-site improvements, that include curb, gutter, sidewalk, storm drainage system, street paving and street lights on the abutting streets (S 7th Street and Renton Ave S) to complete recording of the plat. Background Information: The applicant is requesting a deferral due to the fact that there are no street improvements on S 7th street or Renton Ave S other than the paved asphalt roadway. S 7th street has a slope of approximately 23% running east to west and Renton Ave S is close to being level. Renton Ave S has existing curb, gutter, and sidewalks north of S 7`h Street. Installation of curb, gutter and sidewalks may improve storm run-off from entering the abutting private property. Staff Response: ( ) Construction Field Services Section Reviewer's Signet re O . Development & Planning Section R ie er Signa ( ) Plan Review Section Reviewer's Signature ( ) Fire Department/ Fire Prevention Reviewer's Signature ( ) Police Department Reviewer's Signature = ( ) Utility Systems Division Reviewer's Signature - -- --- O Transportation Systems Reviewer's Signature .,�..wvvvnnrro • APPLICATION FOR CITY OF RENTON BOARD OF PUBLIC WORKS 200 Mill Avenue South, Renton, WA 98055 (425) 235-2569 • • OWNER • • Cliff Sylvia._... : • 206-244-10.00 I'cleplionc ADDRESS OF PROPERTY: Renton .Avenue • S & S 7th Street • 98055 Zip Code • LEGAL DESCRIPTION OF PROPERTY include King County Assessors II: 329470-0070 (attach separate sheet of paper if necessary) • NAME-OF PROJECT: Sylvia. Short Plat • APPLICANT: Cliff Sylvia 206-244-1000 • Telephone BUSINESS ADDRESS:: P.O. BOX 797, Renton, WA 98055 206-244-1000 • • Zip Code Telephone Attach a separate letter stating in detail: or 1. The request . 2. Applicable City Code • . • . 3.. Items and quantities involved • • . : 4.. Justification for request 5. • Time allotment required for request. ft T•, =�' Attach a I"= 100' drawing of your site and mail the completed application and map to: CITY OF RENTON Board of Public Works • Arneta Henninger, Coordinator 200 Mill Ave. S Renton,WA 98055 You will be contacted if application is incomplete or if additional information is required. COMPLETED applications received by 5:00 Monday will be placed the agenda approxiniately 2 weeks ::;:i::t : ature h da . - •... . • • [Office Use Only] . DA E OF FILING: /0/51 ff DATE OF HEARING: /G2/6027/99• • DEFERRAL ( New ( ) Extension VARIANCE ( ) New ( ) Extension Offsite ✓ ( ) UNDERGROUND[NG ( ) DRIVEWAY Onsite • . • ( ) SLOPE GRADES ( ) NOISE EXCESS RJW ( ) II:\ ILE.SYS\FRM\sinl'W\0020.t)OC\ FORM 8I/0020 10/97 BOARD OF PUBLIC WORKS REFERRAL STAFF RESPON SE Project: Sylvia Short Plat tLocation: Renton Ave S & S 7th Street 10-14-99 Title IV Renton Development Regulations Chapter 9 Procedures and Review Criteria 4-9-060 Deferral of Improvement Installation C. Board of Public Works Deferral of Plat Improvements or Deferral of Other On-Off-site Improvements Beyond Temporary Occupancy Permit. Summary of Request: (See attached letter & mans) The applicant is requesting a deferral of off-site improvements, that include curb, gutter, sidewalk, storm drainage system, street paving and street lights on the abutting streets (S 7' Street and Renton Ave S) to complete recording of the plat. Background Information: The applicant is requesting a deferral due to the fact that there are no street improvements on S 7t' street or Renton Ave S other than the paved asphalt roadway. S 7th street has a slope of approximately 23% running east to west and Renton Ave S is close to being level. Renton Ave S has existing curb, gutter, and sidewalks north of S 7th Street. Installation of curb, gutter and sidewalks may improve storm run-off from entering the abutting private property. Staff Response: . ; i‘o 4,r. • - sc-,/zAt e / 6 ( ) Construction Field Services Section Reviewer's Signature ( ) Development & Planning Section : Reviewer's Signature ._ () Plan Review Section 5 Rev ewer's Sign e w) Fire Department/ Fire Prevention eviewer's Signatur ( ) Police Department Reviewer's Signature -- - ( ) Utility Systems Division Reviewer's Signature - Transportation Systems Reviewer's Signature ctawYXXXDOC/PL • - APPLICATION FOR CITY OF RENTON BOARD OF PUBLIC WORKS 200 Mill Avenue South, Renton, WA 98055 . (425) 235-2569 • OWNER . • Cliff Sylvia• .. ' • :206-244.=1000 t elephonc ADDRESS OF PROPERTY: Renton Avenue S & S 7th Street 98055 Zip Code LEGAL DESCRIPTION OF PROPERTY include King County Assessors #: 329470-0070 (attach separate sheet of paper if necessary) • NAME OF PROJECT: Sylvia Short Plat • APPLICANT: Cliff Sylvia • 206-244-1000 Telephone BUSINESS ADDRESS:: P.O. BOX 797•,. Renton, WA •98055 206-244-1000 Zip Code Telephone Attach a separate letter stating in detail: • 1. The request 2. Applicable City Code • • 3:. .Items and quantities involved .• . 4. Justification for request • • 5. Time allotment required for request. • • Attach a 1" 100' drawing of your site and mail the completed application and map to: CITY OF RENTON • Board of Public Works Arncta Henninger, Coordinator 200 Mill Ave. S • Renton,WA 98055 • You will be contacted if application is incomplete or if additional information is required. COMPLETED applications received by 5:00 Monday will be placed the agenda approximately 2 weeks :::i: 1t :atre . • • • ` (Office Use Only) DA E OF FILING: • 0/.S/J1"'9 • DATE OF HEARING: //,/27/99 • DEFERRAL ( ✓i New ( ) Extension • VARIANCE ( ) New '.( ) • Extension • Offsite ( ) UNDERGROUNDING ( ) DRIVEWAY Onsite • ( •-)—:SLOPE GRADES ( ) NOISE EXCESS R/W ( ) • II:WII,E.SYSWRM\81131'W\0020.1)OC\ • FORM 8I/0020 10/97 BOARD OF PUBLIC WORKS REFERRAL STAFF RESPONSE Project: Sylvia Short Plat Location: Renton Ave S & S 7tn Street 10-14-99 Title.IV Renton Development Regulations .: . . Chapter 9 Procedures and Review Criteria 4-9-060 Deferral of Improvement Installation C. Board of Public Works Deferral of Plat Improvements or Deferral of Other On-Off-site Improvements Beyond Temporary Occupancy Permit. Summary of Request: (See attached letter & maps) The applicant is requesting a deferral of off-site improvements, that include curb, gutter, sidewalk, storm drainage system, street paving and street lights on the abutting streets (S 7tn Street and Renton Ave S) to complete recording of the plat. Background Information: The applicant is requesting a deferral due to the fact that there are no street improvements on S 7' street or Renton Ave S other than the paved asphalt roadway. S 7th street has a slope of approximately 23% running east to west and Renton Ave S is close to being level. Renton Ave S has existing curb, gutter, and sidewalks north of S 7th Street. Installation of curb, gutter and sidewalks may improve storm run-off from entering the abutting private property. Staff Response: ( ) Construction Field Services Section Reviewer's Signature O Development & Planning Section. Reviewer's Signature. ( ) Plan Review Section Reviewer's Signature ( ) Fire Department/ Fire Prevention Reviewer's Signature j _--Police Department Reviewer's Signature • ( ) Utility Systems Division Reviewer's Signature — ( ) Transportation Systems Reviewer's Signature RPWXXXXDOC/PL • APPLICATION FOR CI"IY OF RENTON BOARD OF PUBLIC WORKS 200 Mill Avenue South, Renton, WA 98055 (425) 235-2569 _ OWNER Cliff Sylvia • • _ . • • • 206-244—..100.0 • Telephone. ADDRESS OF PROPERTY: Renton Avenue S & S 7th Street 98055 Zip Code LEGAL DESCRIPTION OF PROPERTY include King County Assessors II: 329470-0070 (attach separate sheet of paper if necessary) NAME OF PROJECT _ Sylvia Short Plat ,APPLICANT: . Cliff Sylvia 206-244-1000 Telephone BUSINESS ADDRESS:: P.O. BOX 797 , Renton, WA 98055 206-244-1000 Zip Code Telephone Attach a separate letter stating in detail: • 1. The request . 2. Applicable City Code . . . . 3. Items and quantities involved . • • • 4: Justification for request • .. • 5. Time allotment required for request. Attach a 1"= 100' drawing of your site and mail the completed application and map to: CITY OF RENTON Board of Public Works Arneta Henninger, Coordinator 200 Mill Ave. S Renton,WA 98055 . You will be contacted if application is incomplete or if additional information is required. COMPLETED applications received by 5:00 Monday will be placed the agenda approximately 2 weeks ::i:::tature h date. r'• [Office Use Only] • DA E OF FILING: /d/.5/ff DATE OF HEARING: /i7/a7/99 DEFERRAL ( ✓ " New ( ) Extension VARIANCE ( ) New ( ) . Extension • Offsite ;/ ( ) UNDERGROUNDING ( ) DRIVEWAY Onsite � ( ) SLOPE GRADES • - ( ) NOISE EXCESS RJW ( ) II:WILE.SYSWRM\81131'W\0020.UOc'\ FORM 81/0020 10/97 . =max BOARD OF PUBLIC WORKS REFERRAL STAFF RESPONSE Project: Sylvia Short Plat Location: Renton Ave S & S 7th Street 10-14-99_ .. Title IV Renton Development.Regulations Chapter 9 Procedures and Review Criteria 4-9-060 Deferral of Improvement Installation , C. Board of Public Works Deferral of Plat Improvements or Deferral of Other On-Off-site Improvements Beyond Temporary. Occupancy Permit. Summary of Request: (See attached letter & minas) 'The applicant is requesting a deferral of off-site improvements,that include curb, gutter, sidewalk, storm drainage system, street paving and street lights on the abutting streets (S 7th Street and Renton Ave S) to complete recording of the plat. Background Information: . The applicant is requesting a deferral due to the fact that there are no street improvements on S 7t' street or Renton Ave S other than the paved asphalt roadway. S 7t' street has a slope of approximately 23% running east to west and Renton Ave S is close to being level. Renton Ave S has existing curb, gutter, and sidewalks north of S 7th Street. Installation of curb, gutter and sidewalks may improve storm run-off from entering the abutting private property. _ . Staff Response: r e6.0 /.%<:i, ;114A !vte( 7-gi l:r>/%2cfvE6%' '1 O4 4i 'c! � ,�% tintW 7+i2.- .Ar; 6 C-a" '2.el' • ( ) Construction Field Services Section Reviewer's Signature ( ) . . Development & Manning Section Reviewer's Signature () Plan Review Section ._ . Reviewer's Signature ( ) Fire Department/ Fire Prevention Reviewer's Signature ( ) Police Department Revy�wer's Signature Utility Systems Division (ii•;-)1, --- eviewer's Signature _ ------ - --- - -- - - -- - - O . Transportation Systems Reviewer's Signature • APPLICATION FOR • CITY OF RENTON BOARD OF PUBLIC WORKS- 200 Mill Avenue South, Renton, WA 98055 (425) 235-2569 — OWNER ...Cliff. Sylvia . . . •206-.244.-1 0.00' Telephone ADDRESS OF PROPERTY: Renton Avenue ' S & •S- 7th Street • 98055 Zip Code LEGAL DESCRIPTION OF PROPERTY include King County Assessors II: 329470-0070 (attach separate sheet of paper if necessary) NAME OF PROJECT: Sylvia Short Plat APPLICANT: • Cliff Sylvia 206-244-1000 Telephone BUSINESS ADDRESS:: P.O. BOX 797, Renton, WA 98055 206-244-1000 Zip Code Telephone • Attach a separate letter stating in detail: 1. The request 2. Applicable City Code . . 3.• Items and quantities involved • 4. Justification for:requesf - • • - • 5 Time allotment required for request. Attach a 1"= 100' drawing of your site and mail the completed application•and map to: CITY OF RENTON Board of Public Works • Arncta Henninger, Coordinator 200 Mill Ave. S Renton,WA 98055 You will be contacted if application is incomplete or if additional information is required. COMPLETED applications received by 5:00 Monday will be placed the agenda approximately 2 weeks :i::: flatute h . • ; • [Office Use Only] DA E OF FILING: . r6/5/99 • DATE OF HEARING: /1,47/9f y. • DEFERRAL ( ✓" New ( ) Extension. VARIANCE ( ) New ( ) Extension Offsite ( ) UNDERGROUNDING ( ) DRIVEWAY Onsite •-- - • ( ) .SLOPE GRADES ( ) NOISE • EXCESS R/W ( ) . 11:U'II.E.SYSWRM\8I131'W\0020.1)OC\ . _._ FORM 81/0020 10/97 BOARD OF PUBLIC WORKS REFERRAL STAFF RESPON SE Project: Sylvia Short Plat Location: Renton Ave S & S 7th Street 10-14-99. Title IV Renton Development Regulations Chapter 9 Procedures and Review Criteria -. 4-9-060 Deferral of Improvement Installation C. Board of Public Works Deferral of Plat Improvements or Deferral of Other On-Off-site Improvements Beyond Temporary Occupancy Permit. Summary of Request: (See attached letter & mans) The applicant is requesting a deferral of off-site improvements, that include curb, gutter, sidewalk, storm drainage system, street paving and street lights on the abutting streets (S 7th Street and Renton Ave S) to complete recording of the plat. Background Information: The applicant is requesting a deferral due to the fact that there are no street improvements on S 7th street or Renton Ave S other than the paved asphalt roadway. S 7th street has a slope of approximately 23% running east to west and Renton Ave S is close to being level. Renton Ave S has existing curb, gutter, and sidewalks north of S 7th Street. Installation of curb, gutter and sidewalks may improve storm run-off from entering the abutting private property. Staff Response: ,40' AltXG(eef /1/1e _ ( ) Construction Field Services Section Reviewer's Signature ( ) ..Development & Planning Section Reviewer's Signature -- • ( ) Plan Review Section Reviewer's Signature . ( ) Fire Department/ Fire Prevention Reviewer's Signature V . . ( ) Police Department . . Reviewer's Signature ( ) Utility Systems Division - Reviewer's Signature - -- -- - OA- ,n1 /y1 Transportation Systems Reviewer's Signature n -„V V YP,,,,,ol • APPLICATION FOR • • CITY OF RENTON BOARD OF PUBLIC WORKS 200 Mill Avenue South, Renton, WA 98055 -`' - (425) 235-2569 . • • •OWNER Cliff Sylvia . . 206-24.4-1000 • • . I clephanc . ADDRESS OP PROPERTY: Renton •Avenue S & S 7th Street' 98055 • • • • Zip Code • LEGAL DESCRIPTION OF PROPERTY include King County Assessors II: 329470-0070 (attach separate sheet of paper if necessary) • • • NAME OF PROJECT: Sylvia Short Plat APPLICANT: Cliff Sylvia 206-244-1000 Telephone BUSINESS ADDRESS:: P.O. BOX 797, Renton, WA 98055 206-244-1000 Zip Code Telephone • Attach a separate letter stating in detail: • • 1. The request 2. Applicable City Code 3. Items and quantities involved . 4. Justification for:request • . . • • • 5. Time allotment required for request. • Attach a I"_. 100' drawing of your site and mail the completed application and map to: CITY OF RENTON Board of Public Works Arneta Henninger, Coordinator 200 Mill Ave. S Renton,WA 98055 •You will be contacted if application is incomplete or if additional information is required. COMPLETED applications received by 5:00 Monday will be placed the agenda approximately 2 weeks • from that date. .•:Applicant's Signature .. " . - . • • • • . • • [Office Use Only] • DA E OF FILING: /6/51ff • DATE OF HEARING: //,/a7/99 • DEFERRAL ( ✓)/ New ( ) Extension 'VARIANCE ( ) Ncw ( ) Extension Offsite ( ) UNDERGROUNDING ( ) DRIVEWAY Onsite ( ) SLOPE GRADES ( ) NOISE EXCESS RIW ( ) II:\FILE.SYS\ RM\8113I'W\0020.1)OC\ • FORM 81/0020 10/97 • CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMO. • • Date: , October 20, 1999 To: Paul Lumbert,Board of Public Works • ' From: Bob Mahn '. SUBJECT: SYLVIA SHORT PLAT REQUEST FOR DEFERRAL OF OFF-SITE IMPROVEMENTS The Transportation Systems Division does not support the applicant's request for deferral of code required curb and gutter, sidewalk, street paving and street lighting along Renton Avenue South and South 7th Street abutting the short plat site. There appears to be no physical constraints to installing these features on Renton Avenue South and they would be a logical extension of the curb and gutter, sidewalk, street paving, and street lighting that exists to the north of South 761 Street. Also, sidewalk currently exists_on the east side of Renton Avenue South, across from the short plat site. There appears to be no physical constraints to installation of curb and gutter, sidewalk and street lighting along South 7th Street abutting the short plat site and installation of curb and gutter could provide protection from storm run-off entering Lot No. 3. If the Board should decide to grant a deferral,we recommend that the deferral be in the form of a covenant that obligates the current owners of the short plat site and future owners of all lots in the short plat to participate in the installation of the deferred street improvements when it is determined by the Board that such improvements are needed. • • H:\TRANS\PLNG\RL _ T BOARD OF PUBLIC WORKS REFERRAL ACTION ITEM SUMMARY COORDINATOR'S SUMMATION: 1 0-22-99 Sylvia Short Plat Renton Ave S and S_7th Street Title IV Renton Development Regulations Chapter 9 Procedures&Review Criteria 4-9-060 Deferral of Improvement Installation C, Board of Public Works Deferral of Plat Improvements or Deferral of Other On/Off-Site Improvements Beyond Temporary Occupancy Permit. STAFF RECOMMENDATION: The staff recommends not granting the proposed deferral items (curb, gutter, sidewalk, paving, storm drainage and street lights). The staff has concerns with storm water run-off entering the lots due to the slopes and lack of sidewalks on the plats adjacent street frontages. SUMMARY OF REQUEST: that include curb, gutter, The applicant is requesting a deferral of off-site improvements, sidewalk, storm drainage system, street paving and street lights on the abutting streets (S 7' Street and Renton Ave S) to complete recording of the plat. BACKGROUND INFORMATION:. The applicant is requesting a deferral due to the fact that there are no street improvements on S 7th street or Renton Ave S other than the paved asphalt roadway. S 7th street has a slope of approximately 23% running east to west and Renton Ave S is close to being level. Renton Ave S has existing curb, gutter, and sidewalks north of S 7`h Street. Installation of curb, gutter and sidewalks may improve storm run-off from entering the abutting private property. Pocx---t Paul Lumbert,Board Coordinator BPWUSMD.DOC/PL • • • • APPLICATION FOR CITY OF RENTON BOARD OF PUBLIC WORKS . 200 Mill Avenue South, Renton, WA 98055 • (425) 235-2569 . • • • • OWNER . . Cliff. • • • — 206—.244-1000 • • • • • deplane • • . AbbRSS OF PROPEitTY::Renton •Avenue• S 7th'• Street • • 98055 -• •- • • ••• Zip Code LEGAL DESCRIPTION OF PROPERTY include King County Assessors 329470-0070 . . (attach separate sheet of pnper itnecessary) NAME OF PROJECT: Sylvia Short Plat S. . • • APPLICANT: Cliff Sylvia 206-244-1000 • Telephone BUSINESS ADDRESS:: P.O. BOX 797, Renton, WA 98055 206-244-1000, Zip Code Telephone • Attach a separate letter stating in detail: • • 1. The request • 2. Applicable City Code 3. Items and quantities involved . •• •• • • • 4 --Justification for request • • . . • .. • • • • • 5. Time allotment required for request. • • -•• . • • • • ••• • - Attach a 1" 100''drawing of your site and mail the completed application and map to: • CITY OF RENTON Board of Public Works Arneta Henninger, Coordinator 200 Mill Ave. S Renton,WA.98055 You will be contacted if application is incomplete or if additional information is required. COMPLETED applications received by 5:00 Monday will be placed the agenda approximately 2 weeks from that date. • . Applicant's Signature I • ••• • • . . . .• • • . • . . . . •. • • . . •• . . . . . . . • • • • •••'• •• • • • - • • -• • [Office Use Only] DA E OF FILING: DATE OF HEARING: /0/27/9f DEFERRAL ( vi New ( ) 'Extension VARIANCE ( ) New ( ) Extension Offsite ( ) UNDERGROUNDING ( ) •DRIVEWAY Onsite - • ( ) SLOPE GRADES • ( ) NOISE EXCESS RANI ( ) • , • • • • 11:WII.E.SYSWRM81131'VV\0020.DOCA FORM 81/0020 10/97 • • • • ATTACHMENT • • • • APPLICATION FOR" CITY: OF RENTON .BOARD OF PUBLIC WORKS • RE: Sylvia Short Plat 1. The Request • We request deferment of certain street off-site improvements from the City Codes; Sections 4-34-6 and 9-12-1 1 . This request is to defer street widening, installation of curb, gutters and sidewalks, storm system and street lights along South 7th Street and Renton Avenue South adjacent to the applicant's south property line. The applicant has received preliminary approval to divide the property, measured at 19,786 square feet, into three single family lots. There exists a single home on the proposed Lot 1 . There will be no appreciable increase of traffic on adjacent streets resulting from the proposed development. 2. Applicable City Code City Subdivision Ordinances 4521 and 4522, and City Codes; Sections 4-34-6 and . 9-12-11 3. Items and Quantities Involved • Defer installation of curb, gutters and sidewalks, street storm drainage system and street lighting along South 132nd Street adjacent to the property. 4. Justification for Request There are no street improvements on either South 7th Street or Renton Avenue South other than a paved roadway with dirt shoulders and ditches on both sides of the road. The proposed short will not impact the traffic circulation and level of service on these two streets. The current improvements adjacent to the property is adequately handling local traffic. The deferment of street improvements will not impact adjacent properties and it will keep the integrity of existing roadway which has been used by the neighbors" for many years 5. Time Allotment Required for Request The applicant is willing to participate in future street improvements along the subject property. APPLICATION FOR CITY OF RENTON BOARD OF PUBLIC WORKS 200 Mill Avenue South, Renton,WA 98055 ' (425) 235-2569 OWNER Cliff Sylvia 206-244-1000 Telephone ADDRESS OF PROPERTY: Renton Avenue S & S 7th Street 98055 Zip Code LEGAL DESCRIPTION OF PROPERTY include King County Assessors#: 3 2 9 4 7 0—0 0 7 0 (attach separate sheet of paper if necessary) NAME OF PROJECT: Sylvia Short Plat APPLICANT: Cliff Sylvia 206-244-1000 Telephone BUSINESS ADDRESS:: P.O. BOX 797, Renton, WA 98055 206-244-1000 Zip Code Telephone Attach a separate letter stating in detail: 1. The request 2. Applicable City Code 3. Items and quantities involved 4. Justification for request 5. Time allotment required for request. Attach a 1"= 100' drawing of your site and mail the completed application and map to: CITY OF RENTON Board of Public Works Arneta Henninger, Coordinator 200 Mill Ave. S Renton,WA 98055 You will be contacted if application is incomplete or if additional information is required. COMPLETED applications received by 5:00 Monday will be placed the agenda approximately 2 weeks from that date. Applicant's Signature [Office Use Only] DA E OF FILING: I°/5/y'9 DATE OF HEARING: /12/027/9Y DEFERRAL ( ✓" New ( ) Extension VARIANCE ( ) New ( ) Extension Offsite ;/ ( ) UNDERGROUNDING ( ) DRIVEWAY Onsite ( ) SLOPE GRADES ( ) NOISE EXCESS R/W ( ) II:\FILE.SYS\FRM\8II3I'W\0020.DOC\ FORM 81/0020 10/97 c CIT` DF RENTON NAL Office of the City Attorney Jesse Tanner;Mayor . Lawrence J.Warren ' MEMORANDUM • RE@ROWIF-` all NOV 0 01999 To: Fred Kaufman,Hearing Examiner CITY OF RENTON HEARING EXAMINER From: Lawrence J. Warren,:City Attorney Date: November 30, 1999 Subject: In Re: Appeal of Board of Public Works Determination re Sylvia Short Plat I am enclosing the;original of a Motion for Partial Dismissal by the City of Renton and a Brief of the City of Renton Supporting its Motion to Partially Dismiss this Appeal. I would think that these should be heard before the hearing on the merits as they are jurisdictional and will greatly affect how the parties prepare for the hearing. Lawrence J. Warr LJW:as. cc: Jay Covington Jana Hanson Leslie Betlach A8:169.01 Post Office Box 626 - 100'S. 2nd Street - Renton, Washington 98057 - (425)255-8678 This paper contains 50%recycled material,20%post consumer ' , 1 2 3 4 BEFORE THE HEARING EXAMINER 5 OF THE CITY OF RENTON, WASHINGTON 6 In Re: Appeal of Board of Public Works NO. LUA-99-163,AAD Determination re Sylvia Short Plat, 7 MOTION FOR PARTIAL DISMISSAL 8 BY THE CITY OF RENTON 9 Appellant. 10 11 COMES NOW the City of Renton and moves to partially dismiss this appeal. 12 The basis for this motion is the fact that the appeal, as set forth in the November 12, 1999 13 14 letter from appellant's attorney to Brenda Fritsvold, attached hereto, appeals matters not 15 within the jurisdiction of the Board of Public Works. 16 The jurisdiction of the Board of Public Works is defined in section 4-1-150.B.1 of , 17 Renton City Code. In relevant part to this appeal, the Board of Public Works is: 18 "To consider and grant deferment of on- or off-site improvements under 19 the terms and provisions of City of Renton Code." 20 This appeal, in sections B-D of the letter of November 12, 1999, challenges the legality 21 of the requirement to provide on- or off-site improvements, in the first instance, rather 22 than the decision to grant or not grant a deferment of those improvements. Such a subject 23 is beyond the jurisdiction of the Board of Public Works. Therefore, an appeal from the 24 25 decision of the Board of Public Works cannot raise an issue concerning the legality of 26 those improvements. 27 28 MOTION FOR PARTIAL DISMISSAL WARREN BA'. 1 ER BY THE CITY OF RENTON- 1 DEAN&FONTES, P.S. ORIGINAL ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 PHONE(425)255-8678 • FAX(425)255.5474 1 As an additional ground to dismiss this appeal, the City notes that appellant 2 Clifford Sylvia applied to the Board of Public Works for a deferral. By asking for a 3 4 deferral Mr. Sylvia chose not to challenge the legality of the on- or off-site 5 improvements. That position is inconsistent with his position on appeal, that is, to be 6 relieved of the responsibility of installing those improvements altogether. Appellant 7 should not be allowed to take two contrary positions. 8 Additionally, the powers of the Examiner under this appeal were raised by letter 9 dated November 9, 1999, whereby Mr. Sylvia "appeals the decision of the Board of 10 Public .Works dated November 1, 1999." The appeal letter was expanded upon by 11 12 appellant's letter of November 12, 1999. The Examiner's appellate powers are granted 13 under RMC 4-1-150.F. Those powers do not include original jurisdiction to consider 14 challenges to the legality of City short plat requirements, nor do those powers allow the 15 Examiner to consider issues not raised before the Board of Public Works. 16 As a final basis for dismissing this appeal, the City argues that the doctrines of 17 nexus and rough-proportionality are not applicable to on-and off-site improvements, but 18 19 only to'the requirement for dedication of land. See the City's accompanying brief on this 20 issue. 21 DATED this 30 day of November, 1999. 22 Respectfully submitted, �3 WARREN, BARBER, DEAN&FONTES, P.S. 24 25 26 awrence J. Warre SBA#5853 of Warren,Barber, Dean&Fontes, P.S., 27 3.29:12:as. Attorney for City of Renton 28 MOTION FOR PARTIAL DISMISSAL WARREN "Ai' 1 ER BY THE CITY OF RENTON- 2 DEAN&FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 PHONE(425)255-8678 • FAX(425)255.5474 1 2 3 4 BEFORE THE HEARING EXAMINER 5 OF THE CITY OF RENTON, WASHINGTON 6 In Re: Appeal of Board of Public Works NO. LUA-99-163, AAD Determination re Sylvia Short Plat, BRIEF OF THE CITY OF RENTON 8 SUPPORTING ITS MOTION TO PARTIALLY DISMISS THIS APPEAL 9 ON THE GROUNDS THAT NEXUS Appellant. AND ROUGH-PROPORTIONALITY 10 DO NOT APPLY TO ON-AND OFF- 11 SITE IMPROVEMENTS 12 13 The genesis of the rough-proportionality rule is the case of Dolan v. City of 14 Tigard, 512 U.S. 374 (1994). That case involved the requirement that a developer of real 15 property dedicate a portion of that property to a municipality for use as a bicycle trail. 16 The court found that this dedication requirement was not roughly proportional to the 17 impact of the proposed development on the municipality's bicycle transportation system. 18 The Supreme Court has recently had an, occasion to discuss the rough- 19 20 proportionality argument with respect to development conditions other than dedication of 21 property to public use. See City of Monterey v. Del Monte Dunes, 119 S.Ct 1624. In 22 that case the court made the following statements: 23 "...we have not extended the rough-proportionality test of Dolan beyond 2 4 'the special context of exactions-land-use decisions conditioning approval of development on the dedication of property to public use. See Dolan, 25 supra, at 385; Nollan v. California Coastal Comm'n, 43 U.S. 825, 841 (1987). The rule applied in Dolan considers whether dedications 26 demanded as conditions of development are proportional to the development's anticipated impacts. It was not designed to address, and is • 27 not readily applicable to, the much different questions arising where, as 28 here,the landowner's challenge is based not on excessive exactions but on WARREN BA!" !i ER BRIEF OF THE CITY OF RENTON-- 1 DEAN&FONTES, P.S. O ORIGIN1AL ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 PHONE(425)255.8678 • FAX(425)255.5474 1 denial of development. We believe, accordingly, that the rough- 2 proportionality test of Dolan is inapposite to a case such as this one." 3 The U.S. Supreme Court, therefore, limited its rough-proportionality test to those cases where there is a requirement of dedication of property to public use. Such is not the 5 case here. 6 Appellant may be relying upon the Washington state case of Benchmark v. City 7 8 of Battle Grount 94 Wn. App. 537, 972 P.2d 554 (1999). In that case the Court of 9 Appeals for Division II did apply a nexus and rough-proportionality test to off-site 10 improvements, specifically to a requirement that the developer make certain road 11 improvements as a condition of plat approval. However, that case supplies no authority 12 fore appellants. Benchmark was decided on March 12, 1999, while Del Monte Dunes 13 was decided on May 24, 1999. In light of the more specific U.S. Supreme Court 14 15 authority, contrary to the Benchmark case, the Washington State Supreme Court, in a 16 petition for review, granted the petition and remanded the case to the Court of Appeals to 17 consider the case in light of the Del Monte Dunes decision. See notation of grant of 18 petition of review contained at 138 Wn.2d 1008. As matters now stand, therefore, there 19 is no operative authority that would apply the nexus-rough-proportionality test to on- and 20 of site improvements. Rather, the only existing valid authority is the authority in the 21 U.S. Supreme Court case of Del Monte Dunes which specifically limits the test to 22 23 requirements of dedication of land to a public use. 24 Appellant's issues involving rough-proportionality, if they have been properly 25 raised in an appeal from a Board of Public Works decision (which the City contests), 26 must be dismissed as being contrary to controlling authority from the U.S. Supreme 27 Court. 28 WARREN BA i' ::.]E+" BRIEF OF THE CITY OF RENTON-- 2 DEAN&FONTES, P.S. ATTORNEYS AT LAW I00 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 PHONE(425)255.8678 • FAX(425)255.5474 1 DATED this day of November, 1999. 2 Respectfully submitted, 3 4 WARREN, BARBER, DEAN& FONTES, P.S. 5 6 7 awrence J. Warre SBA#5853 8 of Warren, Kellogg,Barber, Dean& Fontes, P.S., Attorney for City of Renton 9 3.29:13:as. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WARREN BA I';;ER BRIEF OF THE CITY OF RENTON-- 3 DEAN f'FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 PHONE(425)255.8678 • FAX(425)255.5474 1 2 3 4 BEFORE THE HEARING EXAMINER 5 OF THE CITY OF RENTON, WASHINGTON 6 In Re: Appeal of Board of Public Works NO. LUA-99-163, AAD Determination re Sylvia Short Plat, 7 CERTIFICATE OF SERVICE 8 9 Appellant. 10 11 I, Anne Santos, an employee of Warren, Barber, Dean & Fontes, P.S., attorneys 12 for Defendant City of Renton, do certify as follows: 13 14 That I am now, and at all times mentioned herein was, a resident of the state of 15 Washington and over the age of eighteen years. 16 That on November 30, 1999, I deposited in the U.S. Mail, First-Class, a properly 17 addressed and stamped envelope containing a true and correct copy of a MOTION FOR 18 PARTIAL DISMISSAL BY THE CITY OF RENTON and a BRIEF OF THE CITY OF 19 RENTON SUPPORTING ITS MOTION TO PARTIALLY DISMISS THIS APPEAL to: 20 Mr. James J. Mason 21 Eisenhower& Carlson, PLLC 22 1200 Wells Fargo Plaza 1201 Pacific Avenue 23 Tacoma, Washington 98402. 24 I declare under penalty of perjury under the laws of the state of Washington that 25 the foregoing is true and correct. 26 27 28 WARREN BA:' 1ER CERTIFICATE OF SERVICE - 1 ORIGINAL DEAN fr FONTES, P.S. V ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 PHONE(425)255-8678 • FAX(425)255-5474 1 DATED this 30th day of November, 1999. 2 3 4 Anne Santos 5 3.29:17:as. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WARREN BAi' isE'' CERTIFICATE OF SERVICE-2 DEAN&FONT ES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 PHONE(425)255-8678 • FAX(425)255-5474 1 _ 2 3 4 BEFORE THE HEARING EXAMINER 5 OF THE CITY OF RENTON, WASHINGTON 6 In Re: Appeal of Board of Public Works NO. LUA-99-163, AAD Determination re Sylvia Short Plat, 7 MOTION FOR PARTIAL DISMISSAL 8 BY THE CITY OF RENTON 9 Appellant. 10 11 COMES NOW the City of Renton and moves to partially dismiss this appeal. 12 The basis for this motion is the fact that the appeal, as set forth in the November 12, 1999 13 1 letter from appellant's attorney to Brenda Fritsvold, attached hereto, appeals matters not 15 within the jurisdiction of the Board of Public Works. 16 The jurisdiction of the Board of Public Works is defined in section 4-1-150.B.1 of 17 Renton City Code. In relevant part to this appeal, the Board of Public Works is: 18 "To consider:and grant deferment of on- or off-site improvements under 19 the terms and provisions of City of Renton Code." 20 This appeal, in sections B-D of the letter of November 12, 1999, challenges the legality 21 of the requirement to provide on- or off-site improvements, in the first instance, rather 22 than the decision to grant or not grant a deferment of those improvements. Such a subject 23 is beyond the jurisdiction of the Board of Public Works. Therefore, an appeal from the 24 25 decision of the Board of Public Works cannot raise an issue concerning the legality of 26 those improvements. 27 28 MOTION FOR PARTIAL DISMISSAL C O D WARREN BARBER BY THE CITY OF RENTON- 1 DEAN & ®KITES, P.S. ATTORNEYS AT LAW i00 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON WACHINf:T(1N UMG 1 As an additional ground to dismiss this appeal, the City notes that appellant 2 Clifford Sylvia applied to the Board of Public Works for a deferral. By asking for a ' 3 4 deferral Mr. Sylvia chose not to challenge the legality of the on- or off-site 5 improvements. That position is inconsistent with his position on appeal, that is, to be 6 relieved of the responsibility of installing those improvements altogether. Appellant 7 shouldnot be allowed to take two contrary positions. 8 Additionally, the powers of the Examiner under this appeal were raised by letter 9 dated November 9, 1999, whereby Mr. Sylvia "appeals the decision of the Board of 10 Public Works dated November 1, 1999." The appeal letter was expanded upon by 11 12 appellant's letter of November 12, 1999. The Examiner's appellate powers are granted 13 under RMC 4-1-150.F. Those powers do not include original jurisdiction to consider 14 challenges to the legality of City short plat requirements, nor do those powers allow the 15 Examiner to consider issues not raised before the Board of Public Works. 16 As a final basis for dismissing this appeal, the City argues that the doctrines of 17 nexus and rough-proportionality are not applicable to on-and off-site improvements, but 18 19 only to the requirement for dedication of land. See the City's accompanying brief on this 20 issue. 21 DATED this 30 day of November, 1999. 22 Respectfully submitted, �3 WARREN, BARBER, DEAN&FONTES, P.S. 24 25 tk( ? 26 awrence J. Warre" rSBA#5853 - of Warren,Barber, Dean&Fontes, P.S., 27 3.29:12ias. Attorney for City of Renton 28 MOTION FOR PARTIAL DISMISSAL WARREN BA 11 !:ER BY THE CITY OF RENTON - 2 DEAN &FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 rz� - 1 2 '3 4 BEFORE THE HEARING EXAMINER 5 OF THE CITY OF RENTON, WASHINGTON 6 In Re: Appeal of Board of Public Works NO. LUA-99-163, AAD Determination re Sylvia Short Plat, 7 BRIEF OF THE CITY OF RENTON 8 SUPPORTING ITS MOTION TO PARTIALLY DISMISS THIS APPEAL 9 ON THE GROUNDS THAT NEXUS Appellant. AND ROUGH-PROPORTIONALITY 10 DO NOT APPLY TO ON-AND.OFF- 11 SITE IMPROVEMENTS 12 13 The genesis of the_ rough-proportionality rule is the case of Dolan v. City of • 14 Tigard, 512 U.S. 374 (.1994). That case involved the requirement that a developer of real 15 property'dedicate a portion of that property to a municipality for use as a bicycle trail. 16 The court found that this dedication requirement was not roughly proportional to the 17 impact of the proposed development on the municipality's bicycle transportation system. 18 The Supreme Court has recently had an occasion to discuss the rough- 19 20 proportionality argument with respect to development conditions other than dedication of 21 property to public use. See City of Monterey v. Del Monte Dunes, 119 S:Ct 1624. In 22 that case;the court made the following statements: 23 "...we have not extended the rough-proportionality test of Dolan beyond 24 the special context of exactions-land-use decisions conditioning approval of development on the dedication of property to public use. See Dolan, 25 supra, at 385; Nollan v. California Coastal Comm'n, 43 U.S. 825, 841 (1987). The rule " applied, in Dolan considers whether dedications 26 demanded as conditions of development are proportional to the development's anticipated impacts-. It was not designed to,address, and.is 27 not readily applicable to, the much different questions arising where; as 28 here, the landowner's challenge is based not on excessive exactions but on - WARREN BARBER • BRIEF OF THE CITY OF -_RENTO ® DEAN"&EON'TES, P.S. y , ATTORNEYS AT LAW too SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON.WASHINGTON 98057 PHONE(425)255-8678 • FAX(425)255.5474 1 denial of development. We believe, accordingly, that the rough- 2 proportionality test of Dolan is inapposite to a case such as this one." 3 The U.S. Supreme Court, therefore, limited its rough-proportionality test to those 4 cases where there is a requirement of dedication of property to public use. Such is not the 5 case here. 6 Appellant may be relying upon the Washington state case of Benchmark v. City 7 8 of Battle Ground, 94 Wn. App. 537, 972 P.2d 554 (1999). In that case the Court of 9 Appeals .for Division II did apply a nexus and rough-proportionality test to off-site 10 improvements, specifically to a requirement that the developer make certain road 11 improvements as a condition of plat approval. However, that case supplies no authority 12 fore appellants. Benchmark was decided on March 12, 1999, while Del Monte Dunes 13 was decided on May 24, 1999. In light of the more specific U.S. Supreme Court 14 15 authority, contrary to the Benchmark case, the Washington State Supreme Court, in a 16 petition for review, granted the petition and remanded the case to the Court of Appeals to 17 consider the case in light of the Del Monte Dunes decision. See notation of grant of 18 petition of review contained at 138 Wn.2d 1008. As matters now stand, therefore, there 19 is no operative authority that would apply the nexus-rough-proportionality test to on- and 20 ` off-site improvements. Rather, the only existing valid authority is the authority in the 21 U.S. Supreme Court case of Del Monte Dunes which specifically limits the test to 22 23 requirements of dedication of land to a public use. 24 Appellant's issues involving rough-proportionality, if they have been properly 25 raised in an appeal from a Board of Public Works decision (which the City contests), 26 must be dismissed as being contrary to controlling authority from the U.S."`Supreme 27 Court. 28 WARREN BARBER BRIEF OF THE CITY OF RENTON-- 2 DEAN&FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH.SECOND STREET • POST OFFICE BOX 626 RENTON.WASHINGTON 98057 PHONE(425)255-8678 • FAX(425)255.5474 1 DATED this ,t)day of November, 1999. 2 Respectfully submitted, 3 4 WARREN, BARBER, DEAN & FONTES, P.S. 5 7 awrence J. WarreOVSBA#5853 8 of Warren, Kellogg, Barber, Dean& Fontes, P.S., Attorney for City of Renton 9 3.29:13:as. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WARREN BARBER • BRIEF OF THE CITY OF RENTON-- 3 DEAN&FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 .. PHONE(425)255.8678 • FAX(425)255.5474 1 2 3 4 BEFORE THE HEARING EXAMINER 5 OF THE CITY OF RENTON, WASHINGTON 6 In Re: Appeal of Board of Public Works NO. LUA-99-163, AAD Determination re Sylvia Short Plat, 7 CERTIFICATE OF SERVICE 8 9 Appellant. 10 11 I, Anne Santos, an employee of Warren, Barber, Dean & Fontes, P.S., attorneys 12 13 for Defendant City of Renton, do certify as follows: 1 That I am now, and at all times mentioned herein was, a resident of the state of 15 Washington and over the age of eighteen years. 16 That on November 30, 1999, I deposited in the U.S. Mail, First-Class, a properly 17 addressed and stamped envelope containing a true and correct copy of a MOTION FOR 18 PARTIAL DISMISSAL BY THE CITY OF RENTON and a BRIEF OF THE CITY OF 19 RENTON SUPPORTING ITS MOTION TO PARTIALLY DISMISS THIS APPEAL to: 20 Mr. James J. Mason 21 Eisenhower& Carlson, PLLC 22 1200 Wells Fargo Plaza. 1201 Pacific Avenue �3 Tacoma; Washington 98402. 24 I declare under penalty of perjury under the laws of the state of Washington that 25 the foregoing is true and correct. 26 27 28 WARREN BARBER CERTIFICATE OF SERVICE - 1 o ■ DEAN &FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 PHONE(425)255-8678 • FAX(425)255-5474 1 DATED this 30th day of November, 1999. 2 3 Anne Santos 5 3.29:17:as. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • 26 27 28 WARREN BARBER CERTIFICATE OF SERVICE -2 DEAN&EONTES,P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON.WASHINGTON 98057 PHONE(425)255-8678 • FAX(425)255-5474 CITY OF RENTON HEARING EXAMINER PUBLIC HEARING JANUARY 04, 2000 AGENDA . COMMENCING AT 9:00 AM, COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The application(s) listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. PROJECT NAME: APPEAL Sylvia Short Plat 'PROJECT NUMBER: AAD-99-163 PROJECT DESCRIPTION: Appeal of Board of Public Works denial of proposed deferral of street widening, installation of curb, gutters and sidewalks, storm system and street lights along South 7th Street and Renton Avenue South. Agnda NOTICE OF APPEAL HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON An Appeal Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the 7th floor of City Hall, Renton, Washington, on January 4, 2000 at 9:00 AM to consider the following petition: SYLVIA SHORT PLAT AAD-99-163 Appeal of Board of Public Works denial of proposed off-site deferral of street widening, installation of curb, gutters and sidewalks, storm system and street lights along So. 7th St. and Renton Ave. So. All interested persons to said petitions are invited to be present at the Public Hearing. Questions should be directed to the Hearing Examiner,425-430-6515. Publication Date: December 24, 1999 Account No. 51067 aadpub • tal CIT's ..OF RENTON Hearing Examiner Jesse Tanner,Mayor J.Kaufman.. . ' " Fred • November:16, 1999 ; • Mr. James J. Mason 1200 Wells Fargo Plaza . 1201 Pacific Avenue Tacoma,WA 98402 Re: Appeal of Board of Works Determination re Sylvia Short Plat - Appeal File No. LUA-99-163,AAD Dear Mr. Mason: Your letteriof appeal in the,above matter has been received and a date and time for said hearing have now been established. The appeal hearing has been set for Tuesday, __ /' 2000, at 9:00 a.in in the Council Chambers on the seventh floor of City,Hall,at 1055 S Grady Way-in=Renton. Should you be unable to attend,would you please appoint a representative'to act on your behalf. We appreciate your cooperation, and if you have any questions,please contact my secretary. Sincerely, - - Fred J.Kaufinan• . 'Hearing•.Examner � � ` cc: Mayor Jesse Tanner : Jay Covington,=Mayor,s Executive,Assistant -:. • • _ LarrY Warren, CityAttorney Leslie Nishihira Project Manager. Karen Codiga,Development Services'' 1055 South Grady Way:- Renton,Washington 98055 - (425)430-6515 A. RUD S.ALAN WEAVER LAW OFFICES OF B YAM C LEWIS RICHARD D.TURNER JASON M.WHALEN ROBERT BARONSKY ADAM L.SEAR DONALD L.ANDERSON SHEAR JAMES M.HUSHAGEN EISENHOWER& CARLSON, PLLC MICHAEL S.ANGELIA D.HARLOW KATHRYN J.NELSON CLEMENCIA CASTRO-WOOLERYOOLERY ROBERT G.CASEY 1200 Wells Fargo Plaza STUART C.MORGAN MARK J.ROSENBLUM 1201 Pacific Avenue JOHN K.BUTLER TERRENCE J.DONAHUE Tacoma,Washington 98402 JENNIFER A.WING GREGORY J.MURPHY g GUY J.STERNAL (253)572-4500 CITY OF RENT ON OF COUNSEL JOHN R.RUHL FAX(253)272-5732 CARL R.PETERSON JAMES F.HENRIOT P. FRESIA NOV 1 1999 ROH.EU A.ROBERTS P.CRAIG BEETHAM NE JAMES J.MASON RECEIVED November 12, 1999 CITY CLERK'S OFFICE VIA FACSIMILE Ms. Brenda Fritsvold City Clerk Renton City Hall City Clerk Division, 7th Floor 1055 South Grady Way Renton, WA 98055 Re: Clifford E..Sylvia Short Plat . . Dear Ms. Fritsvold: • Thank you for your fax in response to the Notice of Appeal mailed by us on November 9th and received by you this date. Please treat this letter as a supplement to that notice. Our client Clifford E. Sylvia appeals from the decision of the Board of Public Works on the following grounds: A. The record does not sustain the Board's determination insofar as it is based on potential storm water run-off problems, in that the proposed short plat will not alter storm water patterns as they have historically existed. B. As to improvements required by the City of Renton, including sidewalks, curbs, paving, gutters, and underground utilities: (1) . There is no essential nexus between a legitimate governmental.interest and the specified improvements; (2) The specified improvements are not proportional to the impact the proposed development'will have on the public problem. SEATTLE OFFICE: 2830 Two Union Square,601 Union Street,Seattle,Washington 98101,(206)382-1830,FAX(206)382-1920 Ms. Brenda Fritsvold November 12, 1999 Page 2 C. The requirements imposed on the applicant with respect to such improvements are inconsistent with those imposed by the City on similarly situated applicants. D. The requirements imposed on the applicant with respect to such improvements are unauthorized by statute or by Renton City ordinance. The above grounds are based on the facts that the proposed short plat would subdivide an existing lot occupied by applicant's residence into three lots, of which one would continue to be so occupied. The two new lots,to be occupied by single family homes, will not generate significant pedestrian or vehicular traffic such as to require the improvements imposed on the applicant. They will not significantly affect surface run-off, and they will not affect utility services so as to require any change in their location. The City's concerns are not related to any impact reasonably likely to be caused by the existence of those two lots or of single family homes on them. Very truly yours, 111 T w. "'James J • JJM:djs cc: Clifford E. Sylvia 00158245.DOC\7131-1 I5 1999 BARRY A.JOHNSRUD S.ALAN WEAVER NOV - LAW OFFICES OF AMY C.LEWIS RICHARD D.TURNER JASON M.WHALEN ROBERT BARONSKY, ADAM L.SHEAR DONALD L.ANDERSON ri ofR 1 11 SENH t WER& CARLSON, PLLC MICHAEL S.DELEO JAMES M.HUSHAGEN KATHRYN J.NELSON l7�J11S1 EXAMINER A GELIA D.HARLOW 1200 Wells Fargo Plaza CLEMENCIA CASTRO-WOOLERY ROBERT G.CASEY STUART C.MORGAN MARK J.ROSENBLUM 1201 Pacific Avenue JOHN K.BUTLER TERRENCE J.DONAHUE JENNIFER A.WING GREGORY J.MURPHY Tacoma,Washington 98402 GUY J.STERNAL (253)572-4500 OF COUNSEL JOHN R.RUHL FAX(253)272-5732 CITY OF RENTON CARL R.PETERSON • JAMES F.HENRIOT BRADLEY D.FRESIA H EUGENE QUINN P.CRAIG BEETHAM N O V 1 2 ,y„�..�,. RONALD A.ROBERTS �4� JAMES J.MASON CITY CLERK November 9, 1999 • VIA CERTIFIED MAIL City Clerk Renton City Hall City Clerk Division, 7th Floor 1055 South Grady Way Renton, WA 98055 • Re: Clifford E. Sylvia • Short Plat Renton Avenue South and South 7th Street Dear Sir: Pursuant to Ordinance 4521, Section 4-34-14, our client Clifford E. Sylvia hereby appeals the decision of the Board of Public Works dated November 1, 1999. Enclosed is our check for the filing fee in the amount of$75.00. • • Very truly yours, •. "James,J on • JJM:djs • Enclosure cc: Mr. Sylvia 00157750.D0C17131-3 • • SEATTLE OFFICE: 2830 Two Union Square,601 Union Street,Seattle,Washington 98101,(206)382-1830,FAX(206)382-1920 , '0.L. CITY OF RENTON � ♦0BOARD OF PUBLIC WORKS Jesse Tanner, Mayor • November 1;.1999 . • Clifford E. Sylvia PO Box 797 Renton WA 98055 SUBJECT: Off-Site Deferral,SYLVIA SHORT PLAT . Renton Ave.S. and S.7th St.,Renton,Washington • Dear Mr.:Sylvia: . The Board of Public Works reviewed your application and denied the request for deferral of street widening, installation of curb, gutters and sidewalks, storm system and street lights along S: 7th St. and Renton Ave. S., The staff has concerns with storm water run-off entering the lots due to the slopes and lack of sidewalks on the plats adjacent street frontages. As per Ordinance 4521, Section 4-34-14, you have fifteen (15) days in which.to appeal the Board's decision. Appeals are to be filed, in writing,with the City Clerk for the-City of Renton and requires a filing fee of$75.00. You may call Paul Lumbert, Board Coordinator, at(425) 430-7304 if you have any questions or need additional information. Sincerely, Aid/L. i Mickie Flanagan . Recording Secretary cc:. Paul Lambert. Tom Touma,Touma Engineering Yellow File • 1055 South Grady Way-Renton, Washington 98055 (425)430-7204 i Facsimile (425)430-7241 SYLVIASP.DO(\ Board of Public Works October 27, 1999 Page 2 Action: Moved by Christensen,seconded by Gray,to table this review until a determination can be made as to whether King County or the City has the authority to defer the improvements on S.'132nd St. (County designation), or' otherwise known as N.W.2nd St. (City designation). Motion Carried. • ON/OFF-SITE DEFERRAL,WINDWOOD DIVISION I,N.E. 4th St. (5900-6000 Block) - applicant requests a deferral of sidewalks and final lift of asphalt. Action: Following a brief discussion, it was Moved by Christensen,seconded by Gerber to grant a deferral for a period of 6 months to complete sidewalks, final lift of asphalt(2"Class B),fine tuning details of the detention pond,and storm sewer/water main completion in N.E.4th Pl.to N.E. 5th/Quincy Ave., subject to the following conditions: 1) That the sidewalk improvements be installed in front of the homes prior to occupancy; and 2)that a security device be posted in the amount of$143,150.55 (150%of the cost of improvements). Motion Carried. • . OFF-SITE DEFERRAL, SYLVIA SHORT PLAT,Renton Ave.S. and S. 7th St. - applicant requests a.deferral for curb, gutter, sidewalks, storm drainage, street paving and street lights. Discussion: The Board has concerns with the steep slope (23%)on S. 7th St., storm water run off entering the lots due to the slopes and lack of sidewalks on the plats adjacent street frontages and the fact that it also slopes to the south. Action: Moved by Christensen,seconded by Gerber to deny the request for deferral of street widening, installation of curb,gutters and sidewalks,storm system and street lights along S. 7th St.and Renton Ave. S. Motion Carried. 3. ADJOURNMENT: Chair Hanson adjourned the meeting at 9:15 a.m. CITY OF RENTON CITY TREASURER REG/RCPT : 02-51140 C:11-12-1999 CASHIER ID : T 12:25 pm A:11-12-1999 8000 MISCELLANEOUS REV $75.00 APPEAL REC'D FROM ,TAMES MASON 000.000.00.345.81.00.000003 TOTAL DUE $75.00 RECEIVED FROM: EISENHOWER 8 CARLSON PPLC CHECK $75.00 TOTAL TENDERED $75.80 CHANGE DUE $0.00