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HomeMy WebLinkAboutLUA78-120 BEGINNING OF FILE FILE TITI45#Agt (11414a, /1C: MiCOFILMED ,,t 0 9 �}• I nv,o is e.No, CITY OF RENTON • 200 MILL AVENUE SOUTH RENTON, WASHINGTON 98055 • CITY CLERK Department or Division Date May 2 , 1978 r Please make checks Douglas A. Weston payable to 21318 - 109th Ave. S . E . Finance Department Kent, Washington 98031 City of Renton • Recording Fees fir the following document filed with King County Records & Elections Department: Short Plat ( file No. Sp-120-78 ) $10. 00 Recording No. 7804269008 • Total Due s1o. 00 ' ) ' DISTRIBUTION ^moumr KING COUNTY RECORD DEPARTMENT i | c°nx�� Copies | � i m */warom --1 Searching Records Seattle,. `/"= Sat isfactions | 'm" RECEIVED from 10el DOLLARS For = ' Nc� ^ *' '~^ w ~~ - � � � �� ` . .. ._. ..... ... _. . ..._ . . ._ ...... __._ _ ._ ._... . ..... . . .. ._ _ .. . . . .. ... _ . . ,. ...... .•• . . _•• . . . . . . . . . . . . . • . . . . ,. .. . , . .• ;. •. . .. - .. , . . . - ; ._ • . . . . . • , . ..• . - • . . . ..,2.. . . • . , . . . , , : , . 7 L .:, •... • • . . .. • . . .. .. . ., . . • . . . . .: . , . CITY OF RENTON ; . . . , NO 3721 • ,,,, DEPARTMENT OF PUBLIC WORKS • PERMIT NO. RENTON, WA. --V-? 4 •.-.) / • , 1 9 7,P7 . , . . . . RECA I VED OF \ 4 ?A.A./ / (./..111-21.---- ..,./;/(LA-A-'4..2--(..---/Ci (1/1" ZA--e.: XL/1-4--1,--d-4•4 C-7/.....A )/ ---- 4‘1 DOLLARS . , -1. &iv-4- -C• 4 .„....-:- 1 , . .. . . PLANS. DEPOSIT.. . . . . ...., • , ; . 1. t ....... K' . ,,,1-4 . - ..... . , . /- 4A MAPS . LP-4 • */ POSTAGE . , Cifr f.P-11/ 0/4,s•1/- R o'itr e .; : • , MISCELLANEOUS • / /5"-C: ., . . . TAX ... . , I I. , TOTAL . - //,.5-C :BY . 96-1- . . . . . , , . •. • . . ... , .. . . .• • , . . . . .• . , . • .. . ., . . • . .. .:. • ."--..., • - -.... • • .. ...... , . , . .........._.... , .. ....- . _ -_.• .-,.,• - , - ...... . ... . , . t • :. . 0 . . . . . , • . . , • - , . • . . •. . . . • , ..• . . . , . ' . . .. . . 1. • . . :, . . . 1 . e • • . .. . ..t I . THE CITY OF RENTON C> �i O MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 2 O -- CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER p <c,Q- L. RICK BEELER , 235-2593 4).160 SEPIE ° March 1, 1978 Mr. Douglas A. Weston 21318 109th Avenue S.E. Kent, WA 98031 RE: Short Plat #120-78, E-121-78. Dear Mr. Weston: This is to notify you that the above referenced requests, which were approved subject to conditions as noted on the Examiner's report of February 14, 1978, have not been appealed within the time period set by ordinance, and therefore, this application is considered final and is being submitted to the City Clerk effective this date for permanent filing. Please contact the Planning Department for information regarding preparation of the final short plat mylar for filing with King County. Sin - �•'r ate_ • L. Rick Beeler Hearing Examiner cc: Gordon Y. Ericksen, Planning Director Del Mead, City Clerk � OF •ti 41 O THE CITY OF RENTON V ci al 7. MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 z o p — CHARLES J. DELAURENTI MAYOR • LAND USE HEARING EXAMINER L. RICK BEELER , 235-2593 o,Q4TED SEP1*7O February 22, 1978 Mr. Douglas A. Weston 21318 109th Avenue S.E. Kent, WA 98031 • RE: Short Plat No. 120-78 Dear Mr. Weston: As I clarified in our previous conversation, my decision of February 14, 1978 required a 20-foot pipestem for Lot B along the southerly property line. No restrictions'were placed on the common lot line separating Lots. A and B other than what normally would be necessary to comply with the minimum lot size and area criteria as a result of the pipestem configuration. I hope this clarifies for you my decision. Res.- full f ,�� L. Rick Beeler Hearing Examiner cc: Planning Department • February 21, 1978 L. Rick Beeler Land Use Hearing Examiner Renton Municipal Building Renton, Washington 98055 Re: Short Plat 120 78 Dear Mr. Beeler, Would you please send me a letter outlining our recent discussion confirming your approval of a 135 foot depth for lot A and 165 foot depth for lot B of the above referenced short plat. Your prompt response will speed the finalizing of this short plat. Thank you. Sincerely, 4a21-16:Zia s A. Weston 21318 109th Ave. S.E. Kent, Washington 98031 RECt1VEO CITY OF RENTON HEARING EXAMINER FEB2 2157g PM' 'AiR11.1O RLI,: ,.3,4,5,6 Ai AFFIDAVIT OF SERVICE BY MAILING State of Washington) County of King Marilyn J. Petersen , being first duly sworn, upon oath disposes and states: That on the 14th day of February , 19 78 , affiant deposited in the mails of the United States a sealed envelope containing a decision or, recommendation with postage prepaid, addressed to the parties of record in the below-entitled application or petition. „dam Subscribed and sworn this ��� T day of �Q. o m-i 19 . at)A- H(\ • k-Ekt' Notary Public in and for the State of Washington, residing at Renton Application, Petition or Case: Douglas A. Weston, Short Plat 120-78, E-121-78 (The minutes contain a £,iist the pantLm of necond) cl February 14, 1978 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION, APPLICANT: Douglas A. Weston FILE NO. Short Plat 120-78 E-121-78 LOCATION: 424 Renton Avenue South SUMMARY OF REQUEST: The applicant requests the approval of a proposed two (2) lot short plat, and an exception to the Subdivision Ordinance to allow a ten (10) foot pipestem together with a ten (10) foot public alley to provide access to a proposed back lot. The applicant also proposes to pave the ten (10) foot alley. SUMMARY OF ACTION: Planning Department Recommendation: Approval with conditions. Hearing Examiner Decision: Approval with conditions. PLANNING DEPARTMENT The Planning Department staff report was received by the REPORT: Examiner on January 24, 1978. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on January 31, 1978 at 9:42 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were sworn. It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. Michael Smith, Planning Department, reviewed Exhibit #1, and entered the following additional exhibits into the record: Exhibit #2: King County Assessor's Map Exhibit #3: Short Plat Map with staff comments Exhibit #4: Short Plat Map as submitted Exhibit #5: Letter from Mr. Weston, dated January 13, 1978. Mr. Smith referred to Section 0.2 and 0.4 of Exhibit #1 regarding recommended lot sizes and noted that although both lots exceed minimum square footage requirements, lot lines between Lots A and B should be shifted eastward to correspond with the subdivisions and structures to the north and create a more balanced lot configuration of 150 feet in depth and preclude the possibility of further subdivision of Lot B. Regarding the subject of pipestem access denoted in Section 0.6, Mr. Smith referred to a recommendation for additional paving to provide suitable fire. vehicle access. The Examiner asked for testimony from the Fire Department representative. Responding was: Ed Wooton Renton Fire Department Mr. Wooton reported departmental requirements for a 16-foot paved width of easement on either the south or north boundary alternative recommended in the Planning Department report. The Examiner called for a recess at 10:00 a.m. The meeting was reconvened at 10:15 a.m. The Examiner asked the applicant if he concurred in Exhibit #1. Responding was: Douglas Weston 21318 109th Avenue S.E. Kent, WA 98031 1 } Sh. P1. 120-78 Page Two E-121-78 Mr. Weston reported that he did not concur in the report completely, and indicated that as a result of discussions with an adjacent neighbor to the north of the site he wished to offer alternative suggestions for the access proposal, including paving a 10-foot strip on the northern boundary designated for landscaping and utilizing it as a private driveway to the rear lot or revising the access to the south boundary of the property to provide a 20-foot access. He also stated a preference for providing only 10 feet of paving for either alternative per current ordinance requirements, and noted that a rock retaining wall could be constructed on the northern boundary to provide screening. He objected to the recommendation for revising lot depths to 150 feet and indicated that although he would be willing to revise the lot depth configurations to 135 feet for Lot A and 165 feet for Lot B he preferred retaining Lot B in a larger configuration. He also indicated willingness to provide landscaping and screening within reason for either access alternative and noted the existence of a fire hydrant on Renton Avenue South which may interfere with proposed access paving. The Examiner asked for testimony in favor of the application. There was no response. The Examiner asked for testimony in opposition to the request. Responding was: Claude Rogers 420 Renton Avenue South Renton, WA 98055 Mr. Rogers reported being the owner of the property just north of the subject site. He advised that the 10-foot easement on the north side of the proposal had originally been dedicated to the city but had been maintained by himself for the past 18 years. He noted that the land consists of sand and gravel covered by approximately one foot of soil, and suggested that retaining walls be utilized to prevent erosion. He also advised that because current heavy traffic created safety hazards and noise, he favored expansion of the easement and creation of a public street. The Examiner asked for further testimony in opposition to the request. There was no response. The Examiner asked Mr. Wooton to respond to previous testimony regarding easement width. Mr. Wooton indicated that because of the width of fire equipment and the possibility that the easement may be blocked by parked cars, a 15-foot paved width was necessary. Mr. Weston advised that if a driveway were installed on the south property line leading to a single lot, 10 feet of paving met ordinance requirements. Mr. Wooton responded that the proposal for paving was acceptable to the department if proper width in the total easement was provided for fire vehicle access. In response to the Examiner's inquiry regarding minimum pipestem width beyond 10 feet, Mr. Wooton indicated a requirement of 12 feet in width. Mr. Weston stated that if the alternative on the south side of the property were approved, he preferred a 20-foot easement narrowing to 10 feet at Renton Avenue South adjacent to the Cedar River Pipeline right-of-way. Mr. Smith preferred a recommendation for a 15-foot easement along Renton Avenue South which would still allow for a 50-foot lot frontage at that location. . The Examiner asked Mr. Wooton for his final recommendation on the proposed easement width and location. Mr. Wooton advised that the Fire Department would have no objection to allowing a 5-foot setback on the proposed 20-foot easement which would provide 15 feet of maneuvering space for fire vehicles. In response to the Examiner's inquiry regarding the possibility of gaining vehicular access to connect perpendicularly to Renton Avenue South, Mr. Smith advised that the City of Seattle is not amenable to granting an easement across the Cedar River Pipeline right-of-way, and the proposal would create an easement onto a public street rather than direct frontage onto a public street. Mr. Weston advised that he had contacted the City of Seattle regarding access rights across the pipeline right-of-way and was informed that without legal action it would not be possible. The Examiner expressed a concern that because the right-of-way had been used,for public access for a period longer than seven years, rights of access exist for all public use. The Examiner asked Mr. Smith if the access proposal on the south boundary of the property had been discussed with the Traffic Engineering Division. Mr. Smith indicated that although the proposal had not been reviewed in detail, the division had been instrumental in developing the ordinance relating to pipestem lots and the recommendation for a 20-foot easement should meet with departmental approval. The Examiner questioned whether the city would be amenable to vacating the existing dedicated 10-foot easement on the north and indicated that he would research the matter along with the proposal for access on the southerly side of the subject site with the Public Works Department prior to publishing a recommendation on the request. He advised that all correspondence relating to these inquiries would be incorporated into his report and transmitted to all parties of record, and asked if parties in attendance at the hearing were amenable to this proposal. Mr. Weston and Mr. Rogers indicated their concurrence in the Examiner's request. • Sh. P1. 120-78 Page Three E-121-78 The Examiner asked Mr. Smith for final comments. Mr. Smith indicated that testimony received from Mr. Rogers regarding creation of hardship for residents if access were provided on the northern boundary of the site would revise the Planning Department recommendation for a 20-foot access on the southern boundary. He also recommended that further research be accomplished to determine whether the paved access width should be 15 feet as recommended by the Planning Department or 10 feet as preferred by the applicant on the western portion of the site fronting on Renton Avenue South. He noted that the remainder of the easement should be of 20-foot width with a minimum 5-foot screening and landscaping strip along the south property line. The Examiner asked for further comments. Since there were none, the hearing on Item #Short Plat 120-78 and E-121-78 was closed by the Examiner at 10:50 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The request is for approval of a two-lot short plat. 2. The Planning Department report accurately sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter, and is hereby attached as Exhibit #1 and incorporated in this report by reference as set forth in full therein. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, as amended by R.C.W. 43.21.C. , a Declaration of Non-Significance has been issued for the subject proposal by Gordon Y. Ericksen, responsible official. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. (After closure of the public hearing the attached memorandum of February 10, 1978 was submitted upon request of the Examiner in the attached memorandum of January 13, 1978. ) 5. All existing utilities are available and in close proximity. 6. The proposal is compatible with the required setbacks, lot area, lot size and lot dimension requirements of Section 4-706 (R-1) of Title IV, Ordinance No. 1628, Code of General Ordinances. 7. A ten-foot public alley exists along the northern portion of the property. Including the proposed two lots, four dwelling units would utilize this alley. One of the existing homes is apparently a legal nonconforming use of more than one family. 8. The homes at 420 and 4201 Renton Avenue South are located approximately 10 feet or so from the 10-foot alley. The home on the subject site is 17 feet from the alley. 9. Proposed Lot B contains 19,080 square feet (Exhibit #4) which is sufficient area for two lots. 10. At present. the 10-foot alley is mostly unimproved, and what paving that exists is inadequate for the traffic on the alley. 11. Dedication for public right-of-way along the northwesterly approximate 85 feet of the property is limited to 12 feet (5-foot setback_ from the existing house) . The total dedication would be 22 feet, including the alley, which does not meet the minimum requirement of 50 feet per Sections 9-1108.7.H and K and 9-1108.23. (5) . Along the remainder of the property a dedication is limited to 26 feet due to a minimum lot depth of 80 feet per Section 9-1108.23.F. (b) , for a total of 36 feet .of alley width. 12. The property owner immediately north of the existing residence on the subject site complained about the traffic noise occurring on the alley. 13. A title insurance policy was submitted by the appliant in the application file. (Section 9-1106.3.H. (6) ) . 14. Certification by a licensed land surveyor was not submitted per Section 9-1106.3.H. (3) . 15. Certification by the King County Health Department and the King County and City of Renton Finance Departments is normally made during final approval or recording of the short plat. (Section 9-1106.3.H. (4) , (7) , (8) ) . Sh. Pl. 120-78 Page Four E-121-78 16. Improvements have not been deferred by the Board of Public Works per Section 9-1106.3.H. (5) . 17. An Exception from the requirements of Section 9-1108.24.F. (d) (Pipestem Lots) was requested. 18. Restrictive Covenants were not submitted (Section 9-1106.3.I.) . 19. In the attached memorandum of February 10, 1978 the Department of Public Works recommended the southerly pipestem configuration and retention of the existing alley. CONCLUSIONS: 1. The proposal conforms to the Comprehensive Plan Goals and Objectives and Land Use Map. 2. Only two configurations of the proposed two-lot short plat are possible. Either more property is dedicated for the alley to thereby increase'its conformity or a pipestem lot is created along the southerly property line. 3. Dedication of additional property for the alley will not remove the nonconformity of the alley for dedication of a complete public street of the required width. ' 4. Sufficient property exists along the southerly property line to accommodate a conforming pipestem except at the southwestern corner of the site. The intersection of a 20- foot pipestem with Renton Avenue South creates an unusual width of the pipestem (approximately 30 feet) due to the angle of Renton Avenue South. It seems appropriate to require only the 20-foot pipestem width along Renton Avenue South. Accordingly it is reasonable to taper the pipestem to Renton Avenue South because of the unusual configuration of that street (Section 9-1109.1.A) and because the public welfare or adjacent property will not be injured (Section 9-1109.1.C) . The tapered pipestem will preserve the privilege of a normal, unobstructed front yard that is typical for the area (Section 9-1109.1.B) . Undue hardship is not an issue (Section 9-1109.1) , but the exception is a reasonable response to the specific circumstances of this specific property. An unidentified easement exists along the southwest property line abutting Renton Avenue South which would also lie within the southerly pipestem. While it may be assumed that this easement is for utilities, any decision to allow this pipestem must be prefaced upon lack of interference with the decision by the easement. 5. Unless the northerly 10-foot alley is widened to accommodate the increased density. resulting from the proposal, the southerly pipestem access is the only access point which would enhance the existing conditions in the alley. The application possesses insufficient property to comply with the minimum 10-foot pipestem width adjacent to the alley. The homes that are located adjacent to the alley are uncomfortably close to the pavement that would be created. Normally, such a distance would be witnessed in a pipestem configuration serving only one lot, not three or four as is potential in this instance. 6. In accordance with Section 9-1105.7 the final short plat map can be approved by the Planning Department for conformance with the Examiner's decision. DECISION: Based upon the record, testimony, findings and conclusions, it is the decision of the Examiner to approve a two-lot short plat of the applicant's property subject to revision of the short plat map, Exhibit #4, to reflect the southerly pipestem configuration contained in Exhibit #3. Furthermore, it is the decision of the Examiner to approve an exception to allow less than the required pipestem width on the southwesterly portion of the site in order to permit tapering the pipestem per Exhibit #3 to a 20-foot pipestem width on Renton Avenue South. The Planning and Fire Departments shall approve the final short plat map per the above decision. ORDERED THIS 14th day of February, 1978. 111011. 4• W PPP' ,„..._____ . Ri k Bee er Land Use Hearing Examiner Sh. P1. 120-78 Page Five E-121-78 TRANSMITTED THIS 14th day of February, 1978 by Affidavit of Mailing to the parties of record: Ed Wooton Douglas Weston, 21318 109th Avenue S.E. , Kent, WA 98031 Claude Rogers, 420 Renton Ave. S. , Renton, WA 98055 TRANSMITTED THIS 14th day of February, 1978 to the following: Mayor Charles J. Delaurenti Councilman George J. Perry Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division Lawrence J. Warren, City Attorney Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before February 28, 1978. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City. Council is governed by Title IV, Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other specified requirements. Copies of this ordinance are available for inspection in the City Clerk's office, first floor of City Hall, or same may be purchased at cost in said office. • MEMORANDUM DATE: February 10, 1978 T0: Rick Beeler, Hearing Examiner FROM: Warren Gonnason, Public Works Director SUBJECT: Short Plat No. 120-78; Exception No. 121-78 Douglas A. Weston The Traffic Engineering Division has no objections to the alternate short plat configuration that was presented by the Planning Department.. The proposed pipestem should be 20' min. width from Renton Ave. South to the proposed site. The city does not have any plans for the alley in terms of vacation or expansion because it is necessary to provide access to the existing properties. PL:ad1 Attachment RECEIVED.. env OF RENTON HEARING EXAM11Et1 FEB1 h1g78 AM F,11 • • .► o THE CITY OF RENTON CO�® MUNICIPAL BUILDING 200 MILL AYE. SO. RENTON,WASH. 98055 p °' CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER po L. RICK BEELER , 235-2593 O,DATED SE P1 t�®� January 31, 1978 MEMORANDUM TO: Del Bennett, Traffic Engineer Public Works Department • FROM: L. Rick Beeler, Hearing Examiner SUBJECT: Short Plat No. 120-784 Exception No. 121-78; Douglas A. Weston At today's public hearing concerning this application, the following issues arose to which your department had not had an opportunity to respond or comment. Rather than having a continuation of the hearing, all parties were agreeable to submitting these questions to you for a written response. • 1. The Planning Department presented an. alternative short plat configuration which located the pipestem at the south property line. This pipestem would continue along the south property line and parallel, to the Seattle Cedar River Pipeline easement. At Renton Avenue South, the pipestem would narrow from 20 feet to somewhere between 10 and 15 feet. Is this alternative preferable to your department? If so, do you have a recommendation as to the appropriate width of the pipestem at Renton Avenue South? 2. Testimony was entered into the record that the 10-foot easement along the northerly property line of the subject bite is, in fact, dedicated to the city. Two properties are served by that "alley." • Does the city have any plans for this alley in terms of vacation or expansion? • My decision regarding this application is due on February 14, 1978. Therefore, your written response will be needed by February 8, 1978, but sooner if possible. Th,. . Y o • �445. %ias, L. Ric Beeler RECEIVED - CITY OF RENTON HEARING EXAMINER JAN 3 11978 PLANNING DEPARTMENT AM PM 71819110,11112111213141516 PRELIMINARY REPORT TO HEARING EXAMINER di PUBLIC HEARING JANUARY 31 , 19? XHIBIT NO. -- .ITEM N®. ��? — -/�� �� APPLICANT: DOUGLAS A. WESTON , FILE NO. : 120-78 , SHORT PLAT; E- 121-78 , EXCEPTION TO SUBDIVISON ORDINANCE A. SUMMARY OF REQUEST : The applicant requests the approval of a proposed two (2 ) lot short plat , and an exception to the subdivision ordinance to allow a ten ( 10 ) foot pipestem together with a ten ( 10) foot public alley to provide access to a proposed back lot. (Lot B ) . The applicant also proposed to pave the ten ( 10) foot alley. B. GENERAL INFORMATION : 1 . Owner of Record : DOUGLAS A. WESTON 2 . Applicant : DOUGLAS A. WESTON 3 . Location : 424 Renton Avenue South 4. Legal Description : A detailed legal description is available on file in the Renton Planning Department . 5. Size of Property : ±. 7 acres . 6. Access : Via Renton Avenue South 7 . Existing Zoning : R-1 , General Classification District Single Family Residential , minimum lot size 7200 square feet. 8. Existing Zoning in the Area : R-1 , Single Family Residence District R-3 , Multiple Family Residential 9. Comprehensive Land Use Plan : Single Family Residential 10. Notification : The applicant was notified in writing of the Hearing date. Notice was properly published in the Record Chronicle and posted in three (3 ) places on or near the site. as requirdd by City Ordinance. Notice was distributed to the surrounding. property owners . C . PURPOSE OF REQUEST : To allow subdivision of the subject site into two (2 ) single family residence lots for future development of single family ''residences . In order to allow such subdivision , the applicant is also requesting an exception to • the.,.Subdivision Ordinance . D . HISTORY/BACKGROUND : The subject site was annexed into the City by Ordinance No . 156 dated in 1909. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JANUARY 31 , 1978 PAGE TWO RE : 120-78 , SHORT PLAT; E-121-78 , EXCEPTION TO SUBDIVISION ORDINANCE FOR DOUGLAS A. WESTON E . PHYSICAL BACKGROUND : 1 . Topography : The site is level . 2. Soils : Arents , Alderwood (AmC ) , Runoff is medium , and the erosion • hazard is moderate to severe. This soil is used for urban develop- • ment. 3 . Vegetation : The majority of the site is covered by grass . Approximately ten ( 10) orchard type trees are also on the eastern portion of the site . 4. Wildlife : The existing vegetation of the site provides suitable habitat for birds and small mammals . 5. Water : There is no surface water evident on the site . 6. Land Use : The land use of the site is divided between a single family residence on the western portion and an undeveloped state on the eastern section . The surrounding area is predominantly single family residential in nature . F . NEIGHBORHOOD CHARACTERISTICS : The area is primarily single family residential in nature. G. PUBLIC SERVICES : 1 . Water and Sewer : An existing six (6 ) inch water main runs along Renton Avenue South while an eight (8 ) inch sanitary sewer is also located on Renton Avenue South . 2 . Fire Protection : Provided by the Renton Fire Department as per Ordinance requirements . 3 . Transit : Metro Transit route 145 operates along Main Avenue South to South Grady Way approximately one-third ( 1/3 ) of a mile west of the site. 4. Schools : The subject site is located approximately one ( 1 ) mile to the north of Talbot Hill Elementary School and Fred Nelson Middlle School and approximately three-quarters (3/4 ) of a mile to the south of Renton High School . 5. Parks : Phillip Arnold Park is within one-quarter (4) mile of the subject site with Liberty Park and Cedar River Park located within three-quarters (3/4 ) of a mile north of the site. H . APPLICABLE SECTIONS OF THE ZONING CODE : 1 . Section 4-706 R-1 Residence Single Family I . APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENTS : 1 . Subdivision Ordinance , Section 9-1105 ; Short Subdivisions 2 . Subdivision Ordinance , Section 9-1108. F (3 ) 3 . Subdivision Ordinance , Section 9-1109 ; Exceptions 4 . Comprehensive Plan , 1965 , Land Use Report , Objective 6 , page 18 ;I, • PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JANUARY 31 , 1978 PAGE THREE " RE : 120, SHORT PLAT; E-121-78 , EXCEPTION TO SUBDIVISION ORDINANCE FOR DOUGLAS A. WESTON J .' IMPACT ON NATURAL SYSTEMS: Minor K. SOCIAL IMPACTS : Minor L . ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION : Pursuant to the City of Renton ' s Environmental Ordinance and the State Environmental Policy Act of 1971 , as amended (RCW 43. 21C ) , this proposal is exempt from the environmental assessment/threshold determination process . M. ADDITIONAL INFORMATION : A vicinity map and site map are attached . N. AGENCIES/DEPARTMENTS CONTACTED : 1 . City of Renton Building Division 2 . City of Renton Engineering Division 3 . City of Renton Traffic Engineering Division 4 . City of Renton Utilities Division 5. City of Renton Fire Department 0. PLANNING DEPARTMENT ANALYSIS : 1 . The subject proposal is consistent with the Comprehen&ive Plan which designates that site and surrounding areas as single family residential . 2 . The proposal also exceeds the minimum lot size and dimension requirements of the R-1 zone and subdivision ordinance. 3. The proposal is compatible with adjacent single family residential uses and similar subdivision patterns in the area (section 9-1109 B and C ) . 4. The size of the property as it exists now is large enough that the proposed short plat is a reasonable use of the land . Lot A with the existing house is approximately 10, 900 square feet, and lot B is approximately 19, 000 square feet. There is an existing house located on proposed Lot A. 5 . The existence of a ten ( 10) foot wide public alley adjacent• to and north of the north property line , provides access for the two (2 ) residences located directly north of the subject ''site. This situation together with the proposed two-lot short plat will create a potential utilization of the ten ( 10) foot 'alley by four single family residences . 6. Alt.hough pavement of the alley will improve access to other lots presently utilizing the alley for access purposes , add- itional paving should be required because several lots would be served from the alley. An additional ten ( 10) feet of , the pipestem should also be paved . See comments from Fire Department Traffic and Engineering Divisions . This would provide suitable width for ingress/egress and emergency vehicle access to the subject site. However , there is an existing rock retaining wall along the northerly property line of the subject site which creates certain physical constraints for such additional paving width. ::n.l.•&el/.rf.:.i•dlh-4-Z: ' .3G •R,4Aw-ic:c.6.4:L z a e .e,!!. - � +-!••�,r PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JANUARY 31 , 1978 PAGE FOUR RE : 120, SHORT PLAT; E-121-78, EXCEPTION TO SUBDIVISION ORDINANCE. FOR DOUGLAS A. WESTON 7 . The establishment of a fully dedicated and improved public street to the site is not possible given the close proximity of the surrounding single family residences , and existing subdivision pattern for the area . (Section 9-1109. 1 . A) 8. The Public Works Department is reluctant to approve and thus perpetuate the utilization of a substandard ten ( 10) foot public alley for sole access to several residences . It is their recommendation that the alley be vacated and a minimum 20 foot joint access agreement be established for all lots served by the access , together with a minimum sixteen ( 16 ) foot pavement. The Fire Department establishes the minimum width at twenty (20) feet as per the Fire Code: However, because of the physical constraints of providing a twenty (20) foot private access road to essentially all four (4 ) .lots (2 existing on north and 2 proposed ) another alternative might be to grant a more typical pipestem lot along the south property line, and parallel to the Cedar River pipeline right-of-way out to Renton Avenue South (Minimum twenty (20) foot width ) . A minimum ten ( 10) foot paved access road would also be necessary within the pipestem to serve the one lot with land- scape screening along the 'south side to protect adjacent properties . [Section 9:1108 . F . 3 . (d) ] . This way also requires shifting of the lot line between lots A and B to compensate for the area of the pipestem and also create a more balanced lot configuration . 9. Utilities are available to the subject site. The proposed subdivision is exempt from the application requirements of the drainage ordinance (section VI ) . However, drainage plans must be approved by the Public Works. Department prior to filing the plat. 10. All off-site improvements exist along the property frontage adjacent to Renton Avenue South . 11 . Screening should be provided along the side of the existing residence adjacent any proposed access road . 12 . The lot line between lots A and B should be shifted eastward to correspond with the subdivision and structures to the north and create a more balanced lot configuration . P . PLANNING DEPARTMENT RECOMMENDATION : Recommend approval of the short plat and exception as' requested subject to : 1 . Provision of a pipestem and access via either the recommendation of the Fire Department and Traffic Department or the alternative recommendation in 0. 8 above. 2 . Final Public Works Department approval of utilities and storm drainage plans . 3 . Provision of landscaping suitable for screening purposes along the side of the access road to provide screening for the adjacent, : single family residences . 4. Shifting of the lot line between lot A and lot B eastward1to provide 150 foot lot depth for each lot per #12 above. 1 ._. . ...... • . • • Y 4o� 1, L. MILL aYe• 5• ,113 . . . 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WITH ANY COMMENTS YOU MIGHT HAVE , BEFORE //2-3/7, • . .SIGNATURE . . OR , :,, INITALfl DEPARTMENT ' APPROVAL DENIAL DATE '1 ' •. . , . , . , T. R kF. T'G : 00( F -,) TING , /k1 . • . -.//i3/7tf' . st_ottir AIWA", (F ...)2E ---. , k.../ /12d7ei'', A" , / HEALTH . . . , , .. „ ?'--> • it - zss-7ari , • REVIEWER 'S COMMENTS OR APPROVAL CONDITIONS : 11, se_er Affoiewo istAgoo • ) ii.i70,8 _( ) evz-ley• c:t2/4z.tr hee.44.)9,7ez cd4,577mfr2m:), croWN-4 , 4. CeSssi,e1(4. 4- i --- ..o270,4,07,..er /RIV e 9 e 4 rizr44,7 jeoRr,4.4-is 4,,,;-../ _fizz-etzcA;724,‹ Ae,v,4ie• irr,fie.-/--;?ce 4/4 01,4:/7" 46-ST 4.1,4pme .2e) ' x '',Prer4r4A" ' ' X4bies..5 e/t/Pimaci of S'Ziefie.ier(A/r nfe reolicAre.0 4 ovrar of flee:- . /)PfiAerrrtes5 /1A W hi/ME /4 /11,i/#,A1‘ if4 de /3 'e"" die kar77c.4.4 ezrb?ref,vez.,'.1 1;-",40* ibrIri',>fAvi oieer-fe.f,,et, .4„..;7,/-At, .2.rO 'ieecei° 0/4-.1"4-41 • ! ,,S-;-/ea C 714ted • !. . PLEASE SIGN THE E . I .W . : . . .. . i . . .. . . 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Sirs: I am in the nrocess of short platting the above referenced property under the "pinestem" provisions of the Renton Subdivision Ordinance. Due to the seventeen foot distance from the existing house on the front lot to the north property line , I desire to provide the tenty feet of access outlined in the ordinance by paving the existing ten foot public alley to the north of the property and deeding the ten feet adjacent to the north line to the rear lot for landscaping. I I.equest the approval of this pinestem subdivision with access as described above for the following reasons: The lots are quite large and have a great view potential which can only be realized by pipestern development. This method of development will not be detrimental to neighboring properties, but rather :;ill provide paved access to the two houses to the north. The subdivision provide tvo vie.i lots and a new house that will be an improvement to the area. With these thoughts in mind, please speed the approval of the requested short plat. RECEIVED CITY OF RENTON HEARING EXAMINER sincere'y, JAN 311978 ;___„..„7 PM Douglas A. ';estop OF I/‘ . e319o1001912e1 e2e3e4e5e6 2117.8 109th Ave. S.E. �� 05.\\IhQ_lent, ' ashington 8011 `, DPP / EXHIBIT NO. ITEM NO. a.7'1. /zo -7r --i�i--767' ft • 111 CITY OF RENTON X SHORT PLAT PLAT APPLICATION FILE NO. r.20 .— 7S: MAJOR PLAT OF RF41 DATE REC' D. r•/, ./7 47 TENTATIVE V� RICFil/ 16 APPLICATION FEE $ /��/91/a-'d PRELIMINARY RICE J ENVIRONMENTAL FINAL JAN 13 1978 REVIEW FEE $ .15 ___ RECEIPT NO. 36 of "9 � SM NO. NG DE% PUD NO. 9PPLICANT TO COMPLETE ITEMS 1 THROUGH 7 : L. Plat Name & Location 42/, Renton Avenue South :a . No. Lots 2 Total Acreage anrox_ 3/L Zoning 'R 1 3 ., Owner norales A_ Rr Carol A. ?'!es_,on Phone 8v,,-2119 Address 21318 109th Ave. S.E. , Kent, Vdb.shington p . Underground Utilities : Yes No Not Installed Telephone ( ) ( x ) ( ) f Electric • ( x ) ( ) ( ) Street Lights ( x ) ( ) ( ) Natural Gas ( x ) ( ) ( ) TV Cable • ( ._ . ) • . ( ) (. ) 5. Sanitation & Water: ( x ) City Water ( x ) Sanitary Sewers ( ) Water District No . ( ) Dry Sewers ( ) Septic Tanks j . Vicinity and plat maps as required by Subdivision Ordinance. 'I . DATE REFERRED TO: a ENGINEERING PARKS BUILDING HEALTH ' TRAFFIC ENG. _ STATE HIGHWAY !• FIRE COUNTY PLANNING BD. PUBLIC WORKS OTHER 2 . STAFF ACTION: TENTATIVE PLAT APPROVED DENIED APPEALED' EXPIRED 2. LAND USE HEARING EXAMINER'S ACTION: • 1 i SHORT PLAT APPROVED DENIED PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 1 . CITY COUNCIL ACTION: s PRELIMINARY PLAT APPROVED • DENIED FINAL PLAT APPEALED EXPIRED 2. DEFERRED IMPROVEMENTS : DATE DATE BOND NO. AND TYPE GRANTED EXPIRES AMOUNT r Planning Dept . PPV. 1/77 i AFFIDAVIT I, 6cc,;,c,%s A �.�/s n , being duly sworn, declare that I am the owner of the property involved in this application and that the . foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. • Subscribed and sworn before me this <p day of .n,u , 19 '7a , - Notary Public in and for the State, of - Washington, residing at ,A,I, `(1,, „� ,L.c--1:_k- „:. 0 / SkunteDy_ (Name of :Notary-Public) 4/9/8/ (Sig ture of Owner) a - n C //4/ /gyp `�i`� vP. .;.cr (Address) - (Address) (City) ' (State) ef,S/ .2/?� (Telephone) ' (FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found 't bet1/orough and complete in every particular and to conform to the rut /s a e jations of the Renton Planning Department governing the fi'.. iag O th 6 lication . L Date Received JAN 13 1918 , 19 By: A Renton Planning Dept . , 2-73 111 Policy of Title Insurance Issued by Transamerica Title Insurance Company hereinafter called the Company, a California corporation, for valuable consideration, and subject to the conditions and stipulations of this policy, does hereby insure the person or persons named in item 1 of Schedule A, together with the persons and corporations in- cluded in the definition of."the insured" as set forth in the conditions and stipulations, against loss or damage sustained by reason of: 1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the date hereof, otherwise than as stated in item 2 of Schedule A; or 2. Any defect in, or lien or encumbrance on, said title existing at the date here- of; not shown in Schedule B; or 3. Any defect in the execution of any instrument shown in item 3 of Schedule A, or priority, at the date hereof, over any such instrument, of any lien or encum- brance not shown in Schedule B; provided, however, the;Company shall not be liable for any loss, damage or expense re- sulting.from the refusal of any person to enter into, or perform, any contract respecting the estate, lien or interest insured. The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder. In witness whereof, THE COMPANY has caused this policy to be authenticated by the facsimile signature of its President, and its Secretary. Transamerica Title Insurance Company • ByeXii"" drelag4.4.17 President By Secretary s CONDITIONS AND STIPULATIONS 1. The Company shall have the right to, and will, at its own expense, defend the insured with respect to all demands and legal proceedings founded upon a claim of title, encumbrance or defect which existed or is claimed to have existed prior to the date hereof and is not set forth or excepted herein; reserving, however, the option at any time of settling the claim or paying the amount of this policy in full. In case any such demand shall be asserted or any such legal proceedings shall be instituted the in- sured shall at once give notice thereof in writing to the Company at its state office, Park Place, Sixth Avenue at University Street, Seattle,Washington 98101 and,if the insured is a party to such legal proceedings,secure to the Company,within ten days after service of first process upon the insured,the right to defend such legal proceedings in the name of the insured so far as necessary to protect the insured, and the insured shall render all reasonable assistance in such defense. If such notice shall not be given, or the right to defend secured,as above provided,then all liability of the Company with regard to the subject matter of such demand or legal pro- ceedings,and any expense incident thereto,shall terminate; provided,however,that failure to give such notice shall in no case prejudice the claim of the insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. 2. In the event of final judicial determination by a court of competent jurisdiction, under which the estate, lien or interest in- sured is defeated or impaired by reason of any adverse interest,lien or encumbrance not set forth or excepted herein, claim may be made as herein provided. A statement in writing of any loss or damage, for which it is claimed the Company is liable, shall be furnished to the Company at its state office within sixty days after such loss or damage shall have been ascertained. No right of action shall accrue with respect thereto until thirty days after such statement shall have been furnished and no recovery shall be had unless an action shall have been commenced thereon within one year after the expiration of said thirty days. Any rights or defenses of the Company against a named insured shall be equally available against any person or corporation who shall become an insured hereunder as successor of such named insured. 3. The Company may at any time pay this policy in full, whereupon all liability of the Company shall terminate. Every pay- ment made by the Company, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder. shall reduce the liability of the Company by the amount paid. The liability of the Company shall in no case exceed the actual loss of the insured and costs which the Company'is obligated to'pay. When the Company shall have paid a claim here- under it shall be subrogated to all rights and remedies which the insured may have against any person or property,with respect to such claim, or would have if this policy had not been issued, and the insured shall transfer all such rights to the Company. If the payment made by the Company does not cover the loss of the'insured, such subrogation shall be proportionate. Whenever the Company shall be obligated to pay a claim under the terms of this policy by reason of a defect in the title to a portion of the area described herein, liability shall be limited to the proportion of the face amount of this policy which the'value of the defective portion bears to the value of the whole at the time of the discovery of the defect, unless liability is otherwise specifi- cally segregated herein. If this policy insures the lien of a mortgage, and claim is made hereunder, the Company may pay the entire indebtedness and thereupon the insured shall assign to the Company the,mortgage and the indebtedness secured thereby, with all instruments evidencing or securing the same, and shall convey to the Company any property acquired in full or partial satisfaction of the indebtedness, and all liability of the Company shall thereupon terminate. If a policy insuring the lien of a mortgage is issued simultaneously with this policy and for simultaneous issue premium as provided in rate schedule, any payment by the Company on said'mortgage policy with respect to the real estate described' in Schedule A hereof shall reduce pro tanto the liability under.this policy. All actions or proceedings against the Company must be based on the provisions, of this policy. Any other action or actions or rights of action that the insured may have or may bring against the Company with respect to serv- ices rendered in connection with the issuance of this policy, are merged herein and shall be enforceable only under the terms, condi- tions and limitations of this policy. 4. The following terms when used in this policy mean: (a) "named insured": the persons and corporations named as insured in Schedule A of this policy; (b) "the insured": such named insured together with (1) each successor in ownership of any in- debtedness secured by any mortgage shown in Item 3 of Schedule A, (2) any owner or successor in ownership of any such indebt- edness'who acquires title to the real estate described in Item 4 of Schedule A,or any part thereof,by lawful means in satisfaction of said indebtedness or any part thereof, (3) any governmental agency or instrumentality which insures or guarantees said indebtedness or any part thereof, and (4) any person or corporation deriving an estate or interest in said real estate as an heir or devisee of a named insured or by reason of the dissolution, merger, or consolidation of a corporate named insured; (c) "date hereof": the exact day, hour and minute specified in Schedule A; (d) "public records": records which, under the recording laws, impart constructive notice with respect to said real estate; (e) "state office": the office of the Company at the address shown herein; (f) "mortgage": mortgage, deed of trust, trust deed, or other security instrument described in Schedule A. 0 ALASKA AND WLTA POLICY Form No.W&AK 4000-1 (1PT) SCHEDULE A No. 444670 Amount 21 , 000. 00 Date April 19 , 1977 at 8 : 30 A. If. Premium $ 128. 25 1. Insured DOUGLAS A. WESTON and CAROL A. WESTON, husband and wife 2. Title to the estate, lien or interest insured by this policy is vested in LAZZARO C. TONDA, as his separate estate 3. Estate, lien or interest insured Fee simple estate . 4. Description of the real estate with respect to which this policy is issued The North 38 . 50 feet of Tract 26 AND the South 67 . 50 feet of Tract 27 o Plat No. 1 of Renton Co-operative Coal Company' s Acre Tracts according to the plat thereof recorded in Volume 9 of Plats , on Page 29 , records of King County, Washington; EXCEPT that portion thereof lying Westerly of the Easterly line of City of Seattle Cedar River Pipe Line right of way; Situate in the County of King, State of Washington. df IP' IMF WLTA WASHINGTON POLICY Form No.1.X'4000-2 (IPT) SCHEDULE B • Defects, liens, encumbrances and other matters against which the company does not insure: Special exceptions 1. EASEMENT, AND THE TERMS AND CONDITIONS THEREOF: Grantee: City of Renton; Purpose: Sewer pipe line; Area Affected: Southwesterly 8 feet of property herein described. 2. Reservations contained in deed recorded under Recording No. 191520, as follows: Reserving and excepting therefrom to the Grantors and its assigns all coal, clay, stone, oil and all minerals and mineral products and mine same. • 3 . CONTRACT OF SALE, AND THE TERMS AND CONDITIONS THEREOF: Seller Lazzaro C . Tonda, as his separate estate Purchaser Douglas A. Weston and Carol A. Weston, husband and wife Dated April 12, 1977 Recorded : April 19, 1977 Recording No . 7704190259 E# 02851 GENERAL EXCEPTIONS • 1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat or conveyance, or decree of a Court of record; rights or claims of persons in possession, or claiming to be in possession, not disclosed by, the public records; material or labor liens or liens under the Workmen's Compensation Act not disclosed by the public records; water rights or matters relating thereto; any service, installation or construction charges for sewer, water, electricity, or garbage removal. 2. Exceptions and reservations in United States Patents: right of use, control or regulation by the United States of America in the exercise of powers over navigation; limitation by law or governmental regulation with respect to subdivision, use enjoyment or occupancy; any prohibition or limitation on the use, occupancy or improvement•of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land; defects, liens, encumbrances, or other matters created or suffered by the insured; rights or claims based upon instruments or upon facts not disclosed by the public records but of which rights, claims, instruments or facts the insured has knowledge. 3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same be- coming a lien. 4. "Consumer credit protection," "truth-in-lending," or similar law, or the failure to comply with said law or laws. (End of Schedule B) OWNER' ELATION PROTECTION INDORSE • Attached to Policy No. , Issued By • Transamerica Title Insurance Company The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in the Policy to which this Indorsement is attached, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any, by which the United States Depart- ment of Commerce Composite Construction Cost Index (base period 1967) for the month of September immedi- ately preceding exceeds such Index for the month of September one year earlier; provided, however, that • the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Contruction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Com- pany of the first notice of such claim, whichever shall first occur. PROVIDED, HOWEVER, this indorsement shall be affective only if one of the following conditions exists at • Date of Policy: a. The land described in this Policy is a parcel on which there is only a one-to-four family residential structure, including all improvements on the land related to residential use, in which the Insured Owner resides or intends to reside; or b. The land consists of a residential condominium unit, together with the common elements appurtenant thereto and related to residential use thereof, in which the Insured Owner resides or intends to reside. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This Indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Transamerica Title Insurance Company t: By by `t ���•" , Y� Y President ®,/ • r ufi •.i. 4C ' • '4:1A11:‘,\41:Vijh f NOTE: In connection with any renewal policy subsequently issued on said land, the renewal rate (if applicable at all) will be allowed based only upon the original face amount of insurance as stated in Schedule A of said Policy. /A Indorsement Form No. W&AK T/A-1 Effective 11-4-74 Washington) Effective 4-17-75 Alaska) • • HOMEOWN .. S ADDITIONAL PROTECTION INDDSEMENT Attached to Policy No. Issued By Transamerica Title Insurance Company This Indorsement shall be effective only if at Date of policy there is located on the land described in said Policy one-to-four family residential structure, in which the Insured Owner resides or intends to reside. For the purpose of this Indorsement the term "residential structure" is defined as including the principal dwell- ing structure located on said land and all improvements thereon related to residential use of the property, except plantings of any nature and except perimeter fences and perimeter walls. The Company hereby insures the Insured Owner of the estate or interest described.in Schedule A against loss which the Insured Owner shall sustain by reason of: a. the existence at Date of Policy of any of the following matters: (1) lack of a right of access from said land to a public street; (2) any taxes or assessments (excluding utility connection and service charges) levied by a public authority against the estate or interest insured which constitute liens thereon and are not shown 'as exceptions in Schedule B of said Policy; (3) any unrecorded statutory liens for labor or material attaching to said estate or interest arising out of any work of improvement on said land in progress or completed at Date of Policy, except a work of improvement for which said Insured Owner has agreed to be responsible; b. the enforced removal of said residential structure or interference with the use thereof for ordinary residential purposes based upon the existence at Date of Policy of: (1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto any easement shown as an exception in Schedule B of said Policy, or onto any unrecorded subsurface easement; • (2) any violation of any enforceable covenants, conditions or restrictions affecting said land and shown in Schedule B; (3) any violation of applicable zoning ordinances, but this Indorsement does not insure compliance with, nor is it in any way concerned with, building codes or other exercise of governmental police power; • c. damage to said residential structure resulting from the exercise of any right to use the surface of said land for the extraction or development Of minerals, if minerals are excepted.from the description of said land or shown as an exception or reservation in Schedule B. The total liability of the Company under said Policy and all indorsements attached thereto shall not exceed, in•the aggregate, the amount of said Policy and costs which the Company.is obligated under the conditions and stipulations thereof to pay; and nothing contained herein shall be construed as extending or changing the effective date of said'Policy. • This indorsement is made a part of said Policy and is subject to'the schedules, conditions and stipulations therein, except as modified by the provisions hereof. • • • • • Transamerica Title Insurance Company • • 1/ President s,"`z. m4 Y 2 3 q\() • T/A Indorsement Form No, W T/A-2 4ik �li j O k�`�'4s (Effective 5-15-76) • � WM�� • I fim No. W-AK-555.1 0 ��� CI . Previnup Fnrrp No..80 SP) !` .7 C awn by Cbecked Date Plat VoL9_____PG; Order No. SKETCH OF PROPERTY SE. OUT IN ATTACHED ORDER To assist in locating the premises. It i not based on a survey, and the company assumes no liability for variations if any, in dimensions and location. • 9c0 i6.. \t_.. O ALL[ '.OzI.N..,,,,i.' -2O -/9 . 1 • I ---' 1 fN lfl 1" , !� . I q i O� I' �// �\\� - -- 1 — —j 4/I / 2 p ' iR L yr\ �L \y"� • Note—This map does not purport to show all highways, roads or easements affecting the property. _. 0 • Affidavit of Publication iday, January 20, 1978 Public Notices JANUARY 31, 1978, AT STATE OF WASHINGTON 9:00 A.M. TO CONSIDER COUNTY OF KING ss THE FOLLOWING PET; TIONS: 1.RALPH HYATT, .AP- • PLICATION FOR Margaret Harbau h TWO-LOT SHORT being first duly sworn on PLAT APPROVAL, File No. 119-78;prop- oath,deposes and says that she is the Chief ClClerk of arty located on Cedar Avenue South,approx- THE RENTON RECORD-CHRONICLE, a newspaper published four(4) imately 150 feet south times a week.That said newspaper is a legal newspaper and it is now and • of South 7th Street. has been for more than six months prior to the date of publication referred t 2. J AND F INVEST- to, printed and published in the English language continually as a news- I. . NI ENT COMPANY, . paper published four(4)times a week in Kent,King County,Washington, ••PLICATION FOR and it is now and during all of said time was printed in an office maintained LONE FROM G at the aforesaid place of publication of said newspaper.That the Renton : SR-1, File No. Record-Chronicle has been approved as a legal newspaper by order of the 5-:-117-78; property Superior Court of the County in which it is published,to-wit,King County, _'._" located at Union Av- . Washington.That the annexed is a -Notice of Public I -r .'Second Place. .S.E. ,r3.'DOUGLAS A. WES- TON, APPLICATION IleAX:}'ng FOR TWO-LOT SHORT PLAT AP- ! .. PROVAL AND AP- as it was published in regular issues(and ': PLICATION FOR EX- not in supplement form of said newspaper) once each issue for a period • CEPTION TO SUB DIVISION ORDI- i - NANCE REGARD- of 1 • consecutive issues,commencing on the I N G. P I P E S T E M LOTS, File No. 120- 78 and File No. E- 20 day of January ,19 77 ,and ending the 121e7d; ®vicinity,in ppeylo- -. 424 Renton Avenue South. day of ,19 both dates . Legal.descriptions of all inclusive, and that such newspaper was regularly distributed to its sub- . . applicator's noted above scribers during all of said period. That the full amount of the fee •• on file in -the Renton .Planning Department. ALL INTERESTED PER- charged for the foregoing publication is the sum of $31 6g which • - NOTICE OF SONS TO SAID PETITIONS has been paid in full at the rate of per folio of one hundred words for the PUBLIC HEARING ARE'INVITED TO BE PRE- first insertion and per folio of one hundred words for each subsequent _ RENTON LAND USE • SENT AT THE PUBLIC insertion. 'HEARING EXAMINER HEARING ON JANUARY •RENTON,WASHINGTON 31, 1978 AT 9:00 A.M.TO ...... ,,,.. ""'..c."""'`�"S" WILL BE HELD BYA PUBLIC RTHE N ONSING ESS THEIR OPI RENTON LAND USE • GORDON Y.ERICKSON Chief clerk HEARING EXAMINER AT RENTON PLANNING HIS REGULAR MEETING DIRECTOR IN THE COUNCIL CHAM-. Published in The Renton Subscribed and sworn to before me this 20 day of .BERS; CITY HALL, 'RE- :Record-Chronicle January .... -- .. NTON;.WASHINGTON;'ON.,-20, 1978.R4762 January 1978 ig /(-0F ii.-4 ,\, Notary Public d for the State of Washi ton, (I' residing at Kent, King Co66unty. JAN 25—Passed by the Legislature,1955,known as Senate Bill 281,effective June 9th, 1955. ---....,r— �. 92 —Western Union Telegraph Co. rules for counting words and figures, l(., adopted by the newspapers of the State. 2/ NG DEP PRE V.P.C.Form No.87 /r/ NOTICE OF PUBLIC HEARING F RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS , CITY HALL , RENTON , WASHINGTON , ON JANUARY 31 , 19 78 , AT 9 : 00 A. M . TO CONSIDER THE FOLLOWING PETITIONS : 1 . RALPH HYATT , APPLICATION FOR TWO-LOT SHORT PLAT APPROVAL , File No . 119-78 ; property located on Cedar Avenue South , approximately 150 feet south of South 7th Street . 2 . J AND F INVESTMENT COMPANY , APPLICATION FOR REZONE FROM G TO SR- 1 , File No . R- 117- 78; property located at Union Avenue S . E . and S . E . Second Place . 3 . DOUGLAS A. WESTON , APPLICATION FOR TWO-LOT SHORT PLAT APPROVAL AND APPLICATION FOR EXCEPTION TO SUBDIVISION ORDINANCE REGARDING PIPESTEM LOTS , File No . 120- 78 and File No . E- 121- 78 ; property located in the vicinity of 424 Renton Avenue South . Legal descriptions of all applications noted above on file in the Renton Planning Department. ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON JANUARY 31 , 1978 AT 9 : 00 A . M . TO EXPRESS THEIR OPINIONS . GORDON Y . ERICKSEN PUBLISHED January 20, 1978 RENTON PLANNING DIRECTOR CERTIFICATION MICHAEL L. SMITH , HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW . ATTEST: Subscribed and sworn ) to before me , a Notary Public , �J' � on the 18th day of January /" /, 1978 SIGNED/����_ � ; �c1� r\:\ n \1A'1 / //r lit ROUTE SCHEDULE 1111 PLANNING DEPARTMENT DATE ROUTED ) 20/7,P. PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION ppotTLAs wr s LXG. ri67,J -bet- AND RETURN TO THE PLANNING DEPARTMENT WITH ANY COMMENTS YOU MIGHT HAVE , BEFORE / Z1/7 SIGNATURE OR INITA DEPARTMENT APPROVAL DENIAL DATE BUIL1 ):11 TRAFFIC E . )C i-Z1-76° ENGINEERIN >C • / L817� FIRE ✓ l?,s'�?ef- A' HEALTH - /- L3-76 REVIEWER ' S S/COMMENTS OR APPROVAL CONDITIONS : - % l�..* de S i'roe 'h . _ /G -/74L r so 44-7-r'G'•,.. s A-0.,.ld * spa 47McW1p M divio ..� PLEASE SIGN THE E . I .W . : 11 1111 ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED 7Z49/7,5f PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL n c S Loir -; j HORT PLAT /L0 -7? SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION AND RETURN TO THE PLANNING DEPARTMENT WITH ANY COMMENTS YOU MIGHT HAVE , BEFORE /Z"/-y� SIGNATURE , OR INITALf DEPARTMENT APPROVAL DENIAL DATE 11. i- )-0-7 B TRAFFIC ENG' X /-�4-7P T 4 4, G NEERING / i/L3M--- �L�i FIRE ,. ,4r-Ap A- / HEALTH C.- --- x I - z3-7a- REVIEWER ' S COMMENTS OR APPROVAL CONDITIONS : 1 j AfACAWD ME b Sek. /i.vo& _4) Zrz7e7, QufGe:.ic/c / i9f7erp cd• S74-de ' JiAvu i31 /9CeZzssl,[3ie 7�.=ir= .9err ie7,- /i,P4 e,Tu t ,3Y 4/+1' of,st'ct.S jt®fn /S �.i?N /lie-4ie.A ism vg.vr.t,c ,rw2r-4ce- of Ad; T.✓c .2o 'J27- 1 z, .isA, 7 *iC7Z7 Lt.•71 4OF434..9€ ,2o4'7441Y Tee4r ./e ee4d.u3 e/fr°d/Sd of sLeepo,e;.,,rc fie r,Pa t '- Lo,1 1 d /cieCL �P,ileerr7k AA.0 //4viriC /A /'l hid Jr,uA-t !3 ,`~ of ptir7;c4c i G�/.G e�AA/Ct.,- wnRe yvvia2mvT eluel'G`2 e,,Tli-, , 2.So ,/'-ei7" of ft'-S' . S�/PK C.i u2G . PLEASE SIGN THE E . I .W . : 1 TO : 'At 'c " ' m 7 ? FicOM : PAW c.. L .ti.a6.4 7 - d_ ACE: syo.cr Ptr9T `izo-78 I I gecoM M FivI 7w4 r 7#F . Fir/JTi�6 /o' ALC.E y JAII/CATEp 0A/ Me P4/4•v a V qc ATE0 AN d PR/vATr E 4sefti Fes' 'rto /A, aV,O W 001 /�v L & oKED /A/ TV AS 4 Ass i A t, ci 770N N . T/4I4 N E:4s ELj 6 ,g.v'r si/oc.0 PAvLd wTM AsPN4 .rt J � � /jZ t ?J/s c114 ETT /60' 4.064v6 ® AN E4reit-1 EAv7-' cov/Tl1 7$/6" CAI 'tit.EitoS/QAvS ♦AV 1 is-TErD Oleo vE: cA.o v Lia /silo vIi, /4 Goo° Acc Ecc To AGC. 7fE ABu1Thv G prtoPEA-ry owiv Ei2 S P,1jL Lv.%s ,( — - _. Ail d10-11 f fCe57 �.Gcw�./ �✓�C G�-s���....�--..._ _ - _ . ' • • CITY OF RENTON NO 272i DEPARTMENT OF PUBLIC WORKS /6 -- - PERMIT NO. RENTON, WA. RECE I VED OF xz„, DOLLARS • - (2-'2" -C • • PLANS DEPOSIT. •- • MAPS , • • P ej/ POSTAGE P.7 MI SCELLANEOUS C V TAX TOTAL • BY 0- 0)(,, • • • , • 4 O F R�� v ``., _.... o THE CITY OF RENTON , MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 8 pp CHARLES J. DELAURENTI • MAYOR • LAND USE HEARING EXAMINER 'O Q- L. RICK BEELER , 235-2593 O,P'WO SEPI " March 1, 1978 Mr. Douglas A. Weston 21318 109th Avenue S.E. Kent, WA 98031 RE: Short Plat #120-78, E-121-78. Dear Mr. Weston: This is to notify you that the above referenced requests, which were approved subject to conditions as noted on the Examiner's report of February 14, 1978, have,not been appealed within the time period set by ordinance, and therefore, this application is considered final and is being submitted to the City Clerk effective this date for permanent filing. Please contact the Planning Department for information regarding preparation of the final short plat mylar for filing with King County. Sinc- L. Rick Beeler Hearing Examiner cc: Gordon Y. Ericksen, Planning Director Del Mead, City Clerk AFFIDAVIT OF SERVICE BY MAILING State of Washington) County of King Marilyn J. Petersen , being first duly sworn, upon oath disposes and states: That on the 14th day of February , 19 78 , of f iant deposited in the mails of the United States a sealed envelope containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below-entitled application or petition. U � Subscribed and sworn this \` day of \ e\l'iCv?C' 19 1 g . \ ath,i(_ \ LC4,( ' Notary Public in and for the ,State of Washington, residing at Rehtoi Application, Petition or Case: Douglas A. Weston, Short Plat 120-78, E-121-78 (The minutes contain a ti.b-t oti the panties og necond) February 14, 1978 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION . APPLICANT: Douglas A. Weston FILE NO. Short Plat 120-78 E-121-78 LOCATION: 424 Renton Avenue South SUMMARY OF REQUEST: The applicant requests the approval of a proposed two (2) lot short plat, and an exception to the Subdivision Ordinance to allow a ten (10) foot pipestem together with ten (10) foot, public alley to provide access to a proiooseol back lot. The applicant also proposes to pave the ten (10) foot alley. SUMMARY OF ACTION: Planning Department Recommendation: Approval with conditions. Hearing Examiner Decision: Approval with conditions. PLANNING DEPARTMENT The Planning Department staff report was received by the REPORT: Examiner on January 24, 1978. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on January 31, 1978 at 9:42 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were sworn. It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. Michael Smith, Planning Department,• reviewed Exhibit #1, and entered the following • additional exhibits into the record: Exhibit #2: King County Assessor's Map Exhibit #3: Short Plat Map with staff comments Exhibit #4: Short Plat Map as submitted Exhibit #5: Letter from Mr. Weston, dated January 13, 1978. Mr. Smith referred to Section 0.2 and 0.4 of Exhibit #1 regarding recommended lot sizes and noted that although both lots exceed minimum square footage requirements, lot lines between Lots A and B should be shifted eastward to correspond with the subdivisions and structures to the north and create a more balanced lot configuration of 150 feet in depth and preclude the possibility of further subdivision of Lot B. Regarding the subject of pipestem access denoted in Section 0.6, Mr. Smith referred to a recommendation for additional paving to provide suitable fire vehicle access. The Examiner asked for testimony from the Fire Department representative. Responding was: Ed Wooton Renton Fire Department Mr. Wooton reported departmental requirements for a 16-foot paved width of easement on either the south or north boundary alternative recommended in the Planning Department report. The Examiner called for a recess at 10:00 a.m. The meeting was reconvened at 10:15 a.m. The Examiner asked the applicant if he concurred in Exhibit #1. Responding was: Douglas Weston 21318 109th Avenue S.E. Kent, WA 98031 Sh. P1. 120-78 Page Two E-121-78 Mr. Weston reported that he did not concur in the report completely, and indicated that as a result of discussions with an adjacent neighbor to the north of the site he wished to offer alternative suggestions for the access proposal, including paving a 10-foot strip on the northern boundary designated for landscaping and utilizing it as a private driveway to the rear lot or revising the access to the south boundary of the property to provide a 20-foot access. He also stated a preference for providing only 10 feet of paving for either alternative per current ordinance requirements, and noted that a rock retaining wall could be constructed on the northern boundary to provide screening. He objected to the recommendation for revising lot depths to 150 feet and indicated that although he would be willing to revise the lot depth configurations to 135 feet for Lot A and 165 feet for Lot B he preferred retaining Lot B in a larger configuration. He also indicated willingness to provide landscaping and screening within reason for either access alternative and noted the existence of a fire hydrant on Renton Avenue South which may interfere with proposed access paving. The Examiner asked for testimony in favor of the application. There was no response. The Examiner asked for testimony in opposition to the request. Responding was: Claude Rogers 420 Renton Avenue South Renton, WA 98055 Mr. Rogers reported being the owner of the property just north of the subject site. He advised that the 10-foot easement on the north side of the proposal had originally been dedicated to the city but had been maintained by himself for the past 18 years. He noted that the land consists of sand and gravel covered by approximately one foot of soil, and suggested that retaining walls be utilized to prevent erosion. He also advised that because current heavy traffic created safety hazards and noise, he favored expansion of the easement and creation of a public street. The Examiner asked for further testimony in opposition to the request. There was no response. The Examiner asked Mr. Wooton to respond to previous testimony regarding easement width. Mr. Wooton indicated that because of the width of fire equipment and the possibility that the easement may be blocked by parked cars, a 15-foot paved width was necessary. Mr. Weston advised that if a driveway were installed on the south property line leading to a single lot, 10 feet of paving met ordinance requirements. Mr. Wooton responded that the proposal for paving was acceptable to the department if proper width in the total easement was provided for fire vehicle access. In response to the Examiner's inquiry regarding minimum pipestem width beyond 10 feet, Mr. Wooton indicated a requirement of 12 feet in width. Mr. Weston stated that if the alternative on the south side of the property were approved, he preferred a 20-foot easement narrowing to 10 feet at Renton Avenue South adjacent to the Cedar River Pipeline right-of-way. Mr. Smith preferred a recommendation for a 15-foot easement along Renton Avenue South which would still allow for a 50-foot lot frontage at that location. The Examiner asked Mr. Wooton for his final recommendation on the proposed easement width and location. Mr. Wooton advised that the Fire Department would have no objection to allowing a 5-foot setback on the proposed 20-foot easement which would provide 15 feet of maneuvering space for fire vehicles. In response to the Examiner's inquiry regarding the possibility of gaining vehicular access to connect perpendicularly to Renton Avenue South, Mr. Smith advised that the City of Seattle is not amenable to granting an easement across the Cedar River Pipeline right-of-way, and the proposal would create an easement onto a public street rather than direct frontage onto a public street. Mr. Weston advised that he had contacted the City of Seattle regarding access rights across the pipeline right-of-way and was informed that without legal action it would not be possible. The Examiner expressed a concern that because the right-of-way had been used for public access for a period longer than seven years, rights of access exist for all public use. The Examiner asked Mr. Smith if the access proposal on the south boundary of the property had been discussed with the Traffic Engineering Division. Mr. Smith indicated that although the proposal had not been reviewed in detail, the division had been instrumental in developing the ordinance relating to pipestem lots and the recommendation for a 20-foot easement should meet with departmental approval. The Examiner questioned whether the city would be amenable to vacating the existing dedicated 10-foot easement on the north and indicated that he would research the matter along with the proposal for access on the southerly side of the subject site with the Public Works Department prior to publishing a recommendation on the request. He advised that all correspondence relating to these inquiries would be incorporated into his report and transmitted to all parties of record, and asked if parties in attendance at the hearing were amenable to this proposal. Mr. Weston and Mr. Rogers indicated their concurrence in the Examiner's request. Sh. P1. 120-78 Page Three E-121-78 The Examiner asked Mr. Smith for final comments. Mr. Smith indicated that testimony received from Mr. Rogers regarding creation of hardship for residents if access were provided on the northern boundary of the site would revise the Planning Department • recommendation for a 20-foot access on the southern boundary. He also recommended that further research be accomplished to determine whether the paved access width should be 15 feet as recommended by the Planning Department or 10 feet as preferred by the applicant on the western portion of the site fronting on Renton Avenue South. He noted that the remainder of the easement should be of 20-foot width with a minimum 5-foot screening and landscaping strip along the south property line. The Examiner asked for further comments. Since there were none, the hearing on Item #Short Plat 120-78 and E-121-78 was closed by the Examiner at 10:50 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in-this matter, the Examiner now makes and enters the following: FINDINGS: 1. The request is for approval of a two-lot short plat. 2. The Planning Department report accurately sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter, and is hereby attached as Exhibit ##1 and incorporated in this report by reference as set forth in full therein. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, as amended by R.C.W. 43.21.C. , a Declaration of Non-Significance has been issued for the subject proposal by Gordon Y. Ericksen, responsible official. 4. Plans for the proposal have been reviewed. by all city departments affected by the impact of this development. (After closure of the public hearing the attached memorandum of February 10, 1978 was submitted upon request of the Examiner in the attached memorandum of January 13, 1978.) 5. All existing utilities are available and in close proximity. 6. The proposal is compatible with the required setbacks, lot area, lot size and lot dimension requirements of Section 4-706 (R-1) of Title IV, Ordinance No. 1628, Code of General Ordinances. 7. A ten-foot public alley exists along the northern portion of the property. Including the proposed two lots, four dwelling units would utilize this alley. One of the existing homes is apparently a legal nonconforming use of more than one family. 8. The homes at 420 and 4201 Renton Avenue South are located approximately 10 feet or so from the 10-foot alley. The home on the subject site is 17 feet from the alley. 9. Proposed Lot B contains 19,080 square feet (Exhibit #4) which is sufficient area for two lots. 10. At present the 10-foot alley is mostly unimproved, and what paving that exists is inadequate for the traffic on the alley. 11. Dedication for public right-of-way along the northwesterly approximate 85 feet of the property is limited to 12 feet (5-foot setback from the existing house) . The total dedication would be 22 feet, including the alley, which does not meet the minimum requirement of 50 feet per Sections 9-1108.7.H and K and 9-1108.23. (5) . Along the remainder of the property a dedication is limited to 26 feet due to a minimum lot depth of 80 feet per Section 9-1108.23.F. (b) , for a total of. 36 feet of alley width. 12. The property owner immediately north of the existing residence on the subject site complained about the traffic noise occurring on the alley. 13. A title insurance policy was submitted by the appliant in the application file. (Section 9-1106.3.H. (6) ) . 14. Certification by a licensed land surveyor was not submitted per Section 9-1106.3.H. (3) . 15. Certification by the King County Health Department and the King County and City of Renton Finance Departments is normally made during final approval or recording of the short plat. (Section 9-1106.3.H. (4) , (7) , (8) ) . Sh. P1. 120-78 Page Four E-121-78 16. Improvements have not been deferred by the Board of Public Works per Section 9-1106.3.H. (5) . 17. An Exception from the requirements of Section 9-1108.24.F. (d) (Pipestem Lots) was requested. 18. Restrictive Covenants were not submitted (Section 9-1106.3.I.) . 19. In the attached memorandum of February 10, 1978 the Department of Public Works recommended the southerly pipestem configuration and retention of the existing alley. CONCLUSIONS: 1. The proposal conforms to the Comprehensive Plan Goals and Objectives and Land Use Map. 2. Only two configurations of the proposed two-lot short plat are possible. Either more property is dedicated for the alley to thereby increase its conformity or a pipestem lot is created along the southerly property line. 3. Dedication of additional property for the alley will not remove the nonconformity of the alley for dedication of a complete public street of the required width. 4. Sufficient property exists along the southerly property line to accommodate a conforming pipestem except at the southwestern corner of the site. The intersection of a 20- foot pipestem with Renton Avenue South creates an unusual width of the pipestem (approximately 30 feet) due to the angle of Renton Avenue South. It seems appropriate to require only the 20-foot pipestem width along Renton Avenue South. Accordingly it is reasonable to taper the pipestem to Renton Avenue South because of the unusual configuration of that street (Section 9-1109.1.A) and because the public welfare or adjacent property will not be injured (Section 9-1109.1.C) . The tapered pipestem will preserve the privilege of a normal, unobstructed front yard that is typical for the area (Section 9-1109.1.B) . Undue hardship is not an issue (Section 9-1109.1) , but the exception is a reasonable response to the specific circumstances of this specific property. An unidentified easement exists along the southwest property line abutting Renton Avenue South which would also lie within the southerly pipestem. While it may be assumed that this easement is for utilities, any decision to allow this pipestem must be prefaced upon lack of interference with the decision by the easement. 5. Unless the northerly 10-foot alley is widened to accommodate the increased density resulting from the proposal, the southerly pipestem access is the only access point which would enhance the existing conditions in the alley. The application possesses insufficient property to comply with the minimum 10-foot pipestem width adjacent to the alley. The homes that are located adjacent to the alley are uncomfortably close to the pavement that would be created. Normally, such a distance would be witnessed in a pipestem configuration serving only one lot, not three or four as is potential in this instance. 6. In accordance with Section 9-1105.7 the final short plat map can be approved by the Planning Department for conformance with the Examiner's decision. DECISION: Based upon the record, testimony, findings and conclusions, it is the decision of the Examiner to approve a two-lot short plat of the applicant's property subject to revision of the short plat map, Exhibit #4, to reflect the southerly pipestem configuration contained in Exhibit #3. Furthermore, it is the decision of the Examiner to approve an exception to allow less than the required pipestem width on the southwesterly portion of the site in order to permit tapering the pipestem per Exhibit #3 to a 20-foot pipestem width on Renton Avenue South. The Planning and Fire'Departments shall approve the final short plat map per the above decision. ORDERED THIS 14th day of February, 1978. OPP 11411 Ri k Beefier • Land Use Hearing Examiner • Sh. P1. 120-78 Page Five E-121-78 TRANSMITTED THIS 14th day of February, 1978 by Affidavit of Mailing to the parties of record: Ed Wooton Douglas Weston, 21318 109th Avenue S.E. , Kent, WA 98031 Claude Rogers, 420 Renton Ave. S. , Renton, WA 98055 TRANSMITTED THIS 14th day of February, 1978 to the following: Mayor Charles J. Delaurenti • Councilman George J. Perry Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division Lawrence J. Warren, City Attorney Pursuant to Title IV, Section 3015 'of the City's Code, request for reconsideration must be filed in writing on or before February 28, 1978. Any aggrieved person feeling that the.decision of the Examiner is based on erroneous procedure, errors of law or fact, error 'in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing fee 'of $25.00 and meeting other specified requirements. Copies of this ordinance are available for inspection in the City Clerk's office, first floor of City Hall, or same may be purchased at cost in said office. • MEMORANDUM DATE: February 10, 1978 T0: Rick Beeler, Hearing Examiner • FROM: Warren Gonnason, Public Works Director • SUBJECT: Short Plat No. 120-78; Exception No. 121-78 Douglas A. Weston The Traffic Engineering Division has no objections to the alternate short plat configuration that was presented by the Planning Department, The proposed pipestem should be 20' min. width from Renton Ave. South to the proposed site. • The city does not have any plans for the alley in terms of vacation or expansion because it is necessary to provide access to the existing properties. -727/2 / PL•ad • Attachment • • • • • RECEIVEb • CITY 'OF RENTON HEARING EXAMINER • FEB.1 0197R AM 718Aig I&&LZL2I314,516 4 of R ,/ v �i o THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 .13 �• CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER A Q� L. RICK BEELER . 235-2593 O4PED SEPO- January 31, 1978 • MEMORANDUM • TO: Del Bennett, Traffic Engineer Public Works Department FROM: L. Rick Beeler, Hearing Examiner • SUBJECT: Short Plat No. 120-78; Exception No. 121-78; Douglas A. Weston At today's public hearing concerning this application, the following issues arose to which your department had not had an opportunity to respond or . comment. Rather than having a continuation of the hearing, all parties were agreeable to submitting these questions to you for a written response. 1. The Planning 'Department presented an alternative short plat configuration which located• the pipestem at the south property line. This pipestem would continue along the south property line and parallel to the Seattle • Cedar River Pipeline easement. At Renton Avenue South, the pipestem would narrow from 20 feet to somewhere between 10 and 15 feet.. Is this alternative preferable to your department? If so, do you have a recommendation as to the appropriate width of the pipestem at Renton Avenue South? 2. Testimony was entered into the record that the 10-foot easement along the northerly property line of the subject ,site is, in fact, dedicated to the city. Two properties are served by that "alley." Does the city have any plans for this alley in terms of vacation oY expansion? • • My decision regarding this application is due on February 14, 1978. Therefore, your written response will be needed by February 8, 1978, but sooner if possible. Th.. '. y. r L. Ric Beeler • .. , ----- -/-7f- 7P Ppnton Planrinr? Ferartmert 'hnic4_ral '1il -lir7 20r' "ill Avenue So. Renton, -ashinton 0804;5 Pe: Short Plat-42/, Rentor Ave.ro. Dear Sirs: I Rm in the rrooPss of short nlattinv the above referenced nronortv under the unirestem" provisions of the Renton Subdivision Ordirp,nce. Due to the seventeen "oot distance from the existing house on the front lot to the north prorPrtv line , I desire to provide the t cot- feet of access outlined in the ordinance by pavinfi the e-Kistinr? ter foot ruhl.ic alley to the, north of the nrooerty and dredirr the ten "Pet Rdiacert to the north line to the rear lot for landscaninr. I renuest the annroval of this nirestem subdivision 74.th access an -'escribed above for the fo1lowirc7, reasons: Thr lots are quite 'are and have a r?rent view notertial •-Nhich can only, be realized by pinestem dPvelonmert. This method of dPvelonmert .:ill 'not be dntrimental to neiphboring nrocerties, but rather 'ill nrovide navel access to the two houses to the north. The subdivision -ill nrovirle t, :o vie lots and a ne,7 house that will be an imrrovement to the area. :ith these thoughts in mind, .nlease sneed the annroval of the requested short °lat. Zinc rel.?, 15% Dr ,-lls A. -eston 211" lUqth Ave. S.E. A:\. g.NE.b 9„.A. ' Prt, eshirri-ton (0,011 () JAN 1 3 1918 - e 4., /NG D523.1 \ CITY OF RENTON (5/,v /°/4. --L—_SHORT PLAT _P ION FILE NO. MAJOR PLAT / 0 atA) V DATE REC'D. TENTATIVE APPLICATION FEE $ /�/.gli�- PRELIMINARY ram: ENVIRONMENTAL - FINAL a:J jAN 13 1918 REVIEW FEE $ r/ s7 RECEIPT NO. eaJ A .ecs ------- � SM NO. \, PUD NO. APPLICANT TO COMPLETE ITEMS 1 T R 1. Plat Name & Location L21, Renton Avenue South 2. No. Lots 2 Total Acreage anrox. 3/4 Zoning R 1 3.. Owner nnv,lns A_ RR Carol A. ''.'oston Phone 854_2130 Address 21318 109th Ave. S.E,. Kent, Washington 5. Underground Utilities: Yes No Not Installed Telephone ( ) ( x ) ( ) Electric ( x ) ( ) ( ) Street Lights ( x ) ( ) ( ) Natural Gas ( x ) ( ) ( ) TV Cable ( ) ( ) ( ) 6. Sanitation & Water: ( x ) City Water ( x ) Sanitary Sewers ( ) Water District No. ( ) Dry Sewers ( ) Septic Tanks 7. Vicinity and plat maps as required by Subdivision Ordinance. 8. DATE REFERRED TO: ENGINEERING PARKS BUILDING HEALTH TRAFFIC ENG. STATE HIGHWAY FIRE COUNTY PLANNING BD. PUBLIC WORKS OTHER 9. STAFF ACTION: TENTATIVE PLAT APPROVED DENIED APPEALED EXPIRED 10. LAND USE HEARING EXAMINER'S ACTION: SHORT PLAT APPROVED DENIED PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 11. CITY COUNCIL ACTION: PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 12. DEFERRED IMPROVEMENTS: DATE DATE BOND NO. AND TYPE GRANTED EXPIRES AMOUNT Planning Dept. Roy. 1/77 • AFFIDAVIT I,_ ,o���--pp/� ZaS 7z, , being duly sworn, declare that I am the ocher of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects. true and correct to the best of my knowledge and belief. Subscribed and sworn before me this day of , 197f Notary Public in and for the State of • Washington, ' residing 2?/'?' (//-' (Name or Notary P lic) (Si ature of Owner) c C;,/ . Cu 7 7 z--��J � ( .- /5/01) /09/1 ,,,e (Address) f (Address) (City) (State) • (Telephone) (FOR OFFICE USE ONLY) CERTIFICATION • This is to certify t he foregoing application has been inspected by me and has been foun39% by ough and complete in every particular and to conform to the re eV ations of the Renton Planning Department governing the t� '1uno bc plication. Date Received JAN 13 1978 19 By: -15 N Dek� Renton Planning Dept . 2-73 • • • • Affidavit of Publication iday, January 20, 1978 Public Notices • JANUARY 31, 1978, AT STATE OF WASHINGTON 9:00 A.M. TO CONSIDER COUNTY OF KING ss' THE FOLLOWING PETI- TIONS: I. 1.RALPH HYATT, .AP- ,- ' PLICATION FOR Margaret Harbau h ' TWO-LOT SHORT being first duly sworn on PLAT APPROVAL, . File No. 119-78;prop- • oath,deposes and says that s he is the Chief Clerk of erty located on Cedar -•Avenue South,approx • - THE RENTON RECORD-CHRONICLE, a newspaper published four(4) -•imately 150 feet south times a week.That said newspaper is a legal newspaper and it is now and • of South 7th Street. has been for more than six months prior to the date of publication referred •f 2. J AND F-INVEST- to,printed and published in the English language continually as a news- 1 ••MENT. COMPANY; paper published four(4)times a week in Kent,King County,Washington, ;PLICATION FOR and it is now and during all of said time was printed in an office maintained "•,�:ZONE•FROM .G at the aforesaid place of publication of said newspaper.That the Renton SR-1, Ale No. • Record-Chronicle has been approved as a legal newspaper by order of the -117-78; property Superior Court of the County in which it is published,to-wit,King County, t.;.::located at Union Av- • jF•«- r;enue S.E. and S.E. Washington.That the annexed is a NO t i C e of Public . • Second Place. de 3.'DOUGLAS A. WES- -TON, APPLICATION •••Rear •ng FOR TWO-LOT "SHORT PLAT AP- F`.' ;. PROVAL AND AP- as it was published in regular issues(and '"'PLICATION FOR EX- not in supplement form of said newspaper) once each issue for a period ,••CEPTION TO SUB- '-DIVISION ORDI- ,.NANCE 'REGARD- of consecutive issues,commencing on the 1 N G. P I P E S T.E M LOTS, File No. 120- 78 and File No. E- 20 day of January ,19 77 ,and ending the '.,cated in the propertyvicinity l of 424-:Renton Avenue South. day of ,19 ,both dates :-Legal,descriptions of all- inclusive, and that such newspaper was regularly distributed to its sub- '• applicatons noted above scribers during all of said period. That the full amount of the fee on file in-the Renton -Planning Department. ALL INTERESTED PER- charged for the foregoing publication is the sum of $31.• DO which • NOTICE OF SONS TO SAID PETITIONS has been paid in full at the rate of per folio of one hundred words for the PUBLIC HEARING ARE'INVITED TO BE PRE- first insertion and per folio of one hundred words for each subsequent RENTON LAND USE '. SENT AT THE PUBLIC insertion. • t'.EARING EXAMINER HEARING ON JANUARY •RENTON,WASHINGTON 31, 1978 AT 9:00 A.M.TO i�1.G.A..�- j A PUBLIC-HEARING.;-EXPRESS_THEIR.API- ., r "' WILL•BE HELD-BY THE NIONS. RENTON LAND=;USE • GORDON Y.ERICKSON Chief C1ex.k HEARING EXAMINER AT. RENTON PLANNING HIS REGULAR MEETING. - DIRECTOR IN THE COUNCIL.CHAM-• ' Published.in The Renton Subscribed and sworn to before me this 20 day of .BERS, CITY HALL, RE =Record-Chronicle January •NTON,..WASHINGTON;ON 20,.1978.R4762•..._ January , 19 7$ /4 of RF .. Notary Public d for the State of Washington, V(Eb \ • JAN 25 19-8 —Passed by the Legislature,1955,known as Senate Bill 281,effective June K• 1 9th, 1955. r. --.--..,y - A. 92 Z—Western Union Telegraph Co. rules for counting words and figures, �V l adopted by the newspapers of the State. �/ NG DEP PRE • V.P.C.Form No.87 NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS , CITY HALL , RENTON , WASHINGTON , ON JANUARY 31 , 19 78 , AT 9 : 00 A. M. TO CONSIDER THE FOLLOWING PETITIONS : 1 . RALPH HYATT, APPLICATION FOR TWO-LOT SHORT PLAT APPROVAL , File No . 119-78 ; property located on Cedar Avenue South , approximately 150 feet south of South 7th Street . 2 . J AND F INVESTMENT COMPANY , APPLICATION FOR REZONE FROM G TO SR- 1 , File No . R- 117- 78; property located at Union Avenue S . E . and S . E . Second Place. 3 . DOUGLAS A. WESTON , APPLICATION FOR TWO-LOT SHORT PLAT APPROVAL AND APPLICATION FOR EXCEPTION TO SUBDIVISION ORDINANCE REGARDING PIPESTEM LOTS , File No . 120- 78 and File No . E- 121- 78 ; property located in the vicinity of 424 Renton Avenue South . Legal descriptions of all applications noted above on file in the Renton Planning Department . ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON JANUARY 31 , 1978 AT 9 : 00 A . M. TO EXPRESS THEIR OPINIONS . GORDON Y . ERICKSEN PUBLISHED January 20, 1978 RENTON PLANNING DIRECTOR CERTIFICATION MICHAEL L . SMITH , HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW . ATTEST: Subscribed and sworn to before me , a Notary Public , ) /' on the 18th day of January f 1978 SIGNED4/ ‹ ��. ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED #11,R PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT I PERMIT OR EXEMPTION X� v,J . C"_iz1-77 AND RETURN TO THE PLANNING DEPARTMENT WITH ANY COMMENTS YOU MIGHT HAVE , BEFORE �/7" ` SIGNATURE OR INITA DEPARTMENT APPROVAL DENIAL DATE /J 7 ---77/-t- BUILDI p4- -2�)�' TRAFFIC E X i-zI-•7B .„ . ENGINEERIN X /izeh. ow k (FIRE ✓ /A1'/Ti f- HEALTH L ?—, /- L 3-76 REVIEWER ' S �COMMCOMMENTS OR APPROVAL CONDITIONS : p 44- p.�4�!7TOK- e 4 /O f - Qp.�.d 1,Pc 1-i k, 04 to4"� i r. vi.,7 de s;r" b le.. . /A./74, 7. so /�... -,,-•,-_ s h.d....(d 6. -Cd.,....0 le' X41Mc Wi49 M Solo PLEASE SIGN THE E . I .W . : ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED /20/7AP PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR P SITE APPROVAL nr9.�c7+-/s.S ,v HORT PLAT -7D9 SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION AND RETURN TO THE PLANNING DEPARTMENT WITH ANY COMMENTS YOU MIGHT HAVE , BEFORE /'23/7! SIGNATURE OR INITAL DEPARTMENT APPROVAL DENIAL DATE ILDIN /- ;-0--7`8 TRAFFIC ENS X /-Z4-71 G NEERING X /A3�7� A,L4i FIRE / HEALTH C d �[1I� TiF n ) - Z3- REVIEWER ' S COMMENTS OR APPROVAL CONDITIONS : see 4?7Ae/w0 'wE440 ` a.e.4 /3. 'o R eV67e.y ete,79F7� CdI. 7rKe 7b c.fiY u ,ocn�,eT,—z 2 /I/Pr/ be/r24 r .4-TY i dF.scc S /r's/inet-el/S nz -4/8i9 7, D.ei r/r4.2C r f 2%�CG` A/c .tom: C 7,idty .20 'P&r ir4.dezes>.e, !•✓• � c�i.7� itoF04,,9j` ,e040441>' ,e4 o.uS CRe44 of stfrpore;.A✓' fie rM,°d15 O L a/W S d fNee. PfiAted 7ie.S /A L7 /i4tibv? i rrijv irl u,'-t .11.4.. /3 /e '' die �.sriCAL l'L renA/C:#;- Ir. . Qu.tPep et,-,Tl,/-Ai 2.Co /r7-(7' o/'la 44' ,S`IRK c i ufed . 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