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LUA77-056
BEGINNING OF FILE FILE TI\`,e�/!' blit‘ 1• 5641- 11-17 MICROFILMED • DECLARATION OF RESTRICTIVE COVENANTS WHEREAS , Clyde W. Downing and Joyce E. Downing, his wife, Andrea Nicoli and Maria C. Nicoli , his wife, and Olga Lissman are the owners 0 o4 of the following real property in the City of Renton, County of King, c. 0-2 State of Washington, described as follows: t-- Lot 106 , C. D. Hillman' s Lake Washington Garden of Eden Addition to Seattle No. .2 , 0 o according to the plat htereof, as recorded ca in Volume II of Plats, Page 64 , Records of ,r%4 King County, Washington. WHEREAS , the owners of said described property desire to impose the following restrictive covenants running with the land as to use, present and future, of the above described real property. NOW, THEREFORE, the aforesaid owners hereby establish, grant and impose restrictions and covenants running with .the land _ hereinabove described with respect to the use by the undersigned, their successors , heirs, and assigns as follows : INSTALLATION OF OFF-SITE IMPROVEMENTS The owners of the above described property, their successors, heirs and assigns, hereby agree and covenant to participate in, sign a petition in support of, and accept any future Local Improvement District (LID) or city initiated proposal on or -in Park Avenue North and/or Meadow Avenue North, and pay their fair share therefore, for the purposes of providing the necessary off-site improvements required' by the Renton Subdivision Ordinance. Said improvements shall 'include but may not be limited to the installation of curbs, gutters, sidewalks, street paving, undergrounding of utilities , and street lighting. These covenants are imposed in' lieu of Section 9-1105 . 6 . of Title IX of Ordinance #1628 of the City of Renton. FEeL .. REI;c aU R`C(lk -2-II/ . SHORT PLAT The owners of the above described property, their successors , heirs and assigns , hereby agree and covenant to develop and construct upon the above described property in full compliance with the restrictions shown on the short plat drawings LL7 described as Exhibit "A" attached hereto. Said compliance CO (0 to be determined by the City of Renton Planning Department. Q C\J DURATION 0.1 C\1 These covenants shall run with the land and expire on . CD December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants \ pertaining to the specific installed improvements as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. ..-6 -?//1- -( c-)7(-- ,"; ;) , ,_ N f.'c -7 ..-- . .r- ,."74..„>'-t-x,i''.1--'" _.,,X Cl(e W. Downing 7 o ce o_ ning r- / � , .sue Andrea Nicoli Maria C. Nicoli . ' "*'.e-l--. L1 t.y , & —.3 - 1-SJ.ci.,.' 1 Olga Lissman • STATE OF WASHINGTON) • COUNTY OF KING ) On this ;'1,- day of I\ ., o , 19 -T , before me personally ' • appeared Clyde W. Downing (and acting for Joyce E. Downing per Power of Attorney) ; Andrea Nicoli, Maria C. Nicoli, and Olga Lissman r the persons who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said persons for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day .and year first above written. -IV\ - . ) ,;�. ` ' Notary Public in and for the State of Washington, residing at Renton /1 . zI FEB-ZZ-78 o u 5 L 1.f L t1.1,.r;• • kt • 7.1.1r ,Cs . - to,....• , • .3 _ el • . _ _ y I c : r „"'„ fit- • — .r. — • • • . I FEB-2Z-78 o • L' - ) L.: 1,i •,..); • rr nSar Prot —Transamerica '� /6i Title Insurance Services Title Insurance Com(-_r__ / `(� O • Box 1493 (CFI�LOOO Nh "���? 10635 Northeast Eighth Street f � 1 !� Bellevue,Washington 98009 V (206)6e8-4661 - DEG 28,1911 SHORT 'PLAT CERTIFICATE NG DES Mr. Clyde Downing Order No. 469388 23617 104th Avenue Southeast Certificate for Filing Suite B Proposed Short Plat Kent,, Washington 98031 Charge: $75.00 Attn: Don Fitts _ Tax: $ 4.05 Total: $79 .05 Dear Sir: In the matter of the plat submitted for your approval, this Company - has examined the records of the. County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land, in said King County, to wit: Lot 106 of C. D. Hillman's Lake Washington Garden of Eden Addition to Seattle No. 2, as per plat recorded in Volume 11 of Plats, on page 64, records of King County, Washington. ' Situate in the County of King, State of Washington. VESTED IN: CLYDE W. DOWNING BUILDER, INC. , a Washington corporation, as to the East 300 feet of the property herein described; ANDREA NICOLI and MARY NICOLI, also known as MARIA C. NICOLI, his wife, and OLGA N. LISESSMAN, also known as OLGA LISSMAN, also known as OLGA A. LISSMAN, also known as OLGA ANN LISSMAN, presumptively subject to the community interest of her husband if married on or since April 27, 1962,- as to the remainder of the property herein described. EXCEPTIONS: ' A.. 1% Excise Tax if unpaid. B. ASSESSMENT: Amount: $402.58 Interest: 8-1/2% From: September 7, 1975 Annual installments: 10 Installments paid: 0 • Installments delinquent: 2 Next installment • delinquent: September 7, 1978 Levied by: City of Renton For: Sewer L.I.D. No. : 286 (Affects the West 95 feet of the East 395 feet of Lot 106 of C. D. Hillman's Lake Washington Garden of Eden Addition to Seattle No. 2) A - continued - �' Page 2 Order No. 469388 C. ASSESSMENT: Amount: $232. 94 Interest: 8-1/2% From: September 7, 1975 Annual installments: 10 Installments paid: 0 Installments delinquent: 2 Next installment delinquent: September 7, 1978 Levied by: City of Renton For: Sewer L.I.D. No. : 286 (Affects the East 100 feet of the West 205 feet of Lot 106 of C. D. Hillman's Lake Washington Garden of Eden Addition to Seattle No. 2) 1. Matters disclosed by survey recorded under Recording No. 771122-9005. 2. Conditions contained in proposed Short Plat. 3. AGREEMENT FOR TEMPORARY WATER SERVICE PERMIT AND THE TERMS AND CONDITIONS THEREOF: Between: Clyde W. Downing and Joyce E. Downing, his wife; _ And City of: Renton; Dated: May 27 , 1977 Recorded: June 14, 1977 Recording No. : 7706141003 Owner agrees , in consideration of a temporary water service permit , not to protest permanent water main construction to serve said property, _ or any assessment therefor. 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Grantor: _ Clyde W. Downing Builder, Inc. , a corporation Trustee: Safeco Title Insurance Company, a corporation Beneficiary: Pioneer First Federal Savings and Loan Association, a corporation Amount: $37, 600. 00 Dated: May 9, 1977 Recorded: June 16, 1977 Recording No. : 770616-0128 Said Deed of Trust was given to correct Deed of Trust: Recorded: May 31, 1977 Recording No. : 770531-0246 (Affects the East 300 feet, except the North 84 feet of the East 160 feet of property herein described) - continued - 410 Page 3 • Order No. 469388 5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Grantor: Clyde W. Downing and Joyce E. Downing, husband and wife Trustee: Safeco Title Insurance Company, a Washington , corporation Beneficiary: Pioneer First Federal Savings and Loan Association Amount: $36,600. 00 Dated: May 9, 1977 Recorded: June 16, 1977 Recording No. : 770616-0129 Said Deed of Trust was given to correct Deed of Trust: Recorded: May 31, 1977 Recording No. : 770531-0247 (Affects the North 84 feet. of the East 16b feet of the property herein described) 6. JUDGMENT: Against: Clyde Downing, et al In Favor Of: King County For: $200.00 _ _ Entered: May 26 , 1977 King County Judgment No. : .136352 Superior Court Cause No. : 824460 Attorney for Judgment 'Creditor: Deputy Prosecuting Attorney 7. : . FORECLOSURE: Pending action in King County Superior Court Cause No. 832827 . To foreclose the Certain unrecorded Real Estate Contract, as instructed.by -examiner. Lis pendens filed on August 15 , 1977 under Auditor' s File No. 7708150692. 8. Right, title, and interest of Clyde W. Downing and Joyce E. Downing, his wife, as disclosed by instruments recorded under Recording No's . 770616-0129 and 770614-1003. NOTE 1: The property herein described, as vested herein, has not been subdivided from a larger parcel within the 5 years preceding the date of this certificate. Records examined to December 14, 1977 at 8:30 A.M. RANSAMERICA TITLE INS NCE OMPANY 7p/R1 Title Officer . fib . -- c,rer us li---tNo55:1 1111 (Precious Form No.80 SP) / �� 'J 'Drawn by Checked Date Plat VoL 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. 14. 1: 4!�~.•✓- [._ ".?A - ._ -ii •7S_ •• __ _.t_ 42.. 0'/ f 1— `t . r" .fr-i - - :; CN 4 0 1 `-9 . g-Nga-¢8-ram w o — - - ---- S T. s E g 4 r„ Sl +.1 �� 97.5 97 5 1 a�D • w` " � I'OT a . ...1. • I 1 J 1 _ • 1 leo j foe /•ci 6bo 97.5 1 97.5 i n. /05 i S�Z, . 065° 065 41 • • I ; C�_; - _--- io5 � C I � a Q i i K) • . )4 \ 'O4 - zoo yen Z- e , • , ! — •• �03 (Dc .. • wo •- 1 , \0 , 0D • -i Q �f ."i .40 0 a . , (, '\ ..: (-0:' . z ), . I (..) F oc� p S•C. S6, sr. (N . 38T H. . ST. • �_ _. �, 1 • ' ') 1 Wf . . Note—This map does not purport to show all highways, roads or easements affecting the property. S 411111 ;; o THE CITY OF RENTON to z 8MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 o ' CHARLES J. DELAURENTI , MAYOR • PLANNING DEPARTMENT p� <(7� 235 - 2550 4rFD SEP1 - MEMORANDUM OctOber 5 , 1977 TO : Dick Houghton , Engineering Supervisor FROM: Michael Smith , Associate Planner RE : CLYDE DOWNING SHORT PLAT I talked today with Wayne Chastain regarding the apparent discrepancies in the subject survey. I • told him that you had reviewed the situation and to call you to work out a solution . I said that the survey would have to be corrected to the satisfaction of the Engineering Division prior to filing and that any problems that may exist should be corrected as soon as possible . MLS :wr I I ✓p ,... 0 THE CITY OF RENTON U ♦® s - 7. MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 2 o o '" CHARLES J. DELAURENTI D MAYOR ® LAND USE HEARING EXAMINER L. RICK BEELER . 235-2593 O,D4t O SEP1,��" AUGUST- 15 , 1977 MR. CLYDE W. DOWNING FILE NO. SHORT PLAT 054-77 31424 LAKE MORTON DRIVE W-055-77 KENT, WA 98031 E-056-77 DEAR MR . DOWNING: THIS IS TO NOTIFY YOU THAT THE ABOVE REFERENCED REQUESTS , WHICH WERE APPROVED SUBJECT TO CONDITIONS AS NOTED ON THE EXAMINERS REPORT OF JULY 29 , 1977 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. RESTRICTIVE COVENANTS WILL BE FILED BY THE CITY CLERK. WITH KING COUNTY . SI RE .. ....................... . ' ICK BEELER HEARING EXAMINER LRB:MP CC : ✓CITY CLERK PLANNING DEPARTMENT 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 1st day of August , 19 77 , 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. Subscribed and sworn this / day of 19 77 . 2 :, Notary Public in and for the State of Washington, residing at Renton Application, Petition or Case: Downing/Nicoli, Short Plat No. 056-77 E-057-77, W-058-77 (The minutes contain a .list of the patties of necond) M • July 29, 1977 OFFICE OF THE LAND USE HEARING EXAMINER • CITY OF RENTON REPORT AND RECOMMENDATION, • • APPLICANT: Clyde W. Downing/Bruno J. Nicoli FILE NO. Short Plat No. 056-77, E-057-77 W-058-77 • • LOCATION: Located approximately 100 feet south of North 40th Street between Park Avenue North and Meadow Avenue North. SUMMARY OF REQUEST: Applicant requests approval of four-lot short plat, together with approval of exception for two pipestem lots and waiver of the off-site improvements requirements (curb, gutter, and sidewalk) of the Renton Subdivision Ordinance.. SUMMARY OF Planning Department: Approval with.conditions. RECOMMENDATION: Hearing Examiner: Approval with conditions. PLANNING DEPARTMENT The Planning .Department staff report was received by the REPORT: Examiner on July 20, 1977. 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 July 26, 1977 at 1:30 p.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 applicants 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 • Mr. Smith submitted verbal.revisions to ,the exhibits which included changing the term "tract" on the short plat map to "lot," requiring approval by the King County Assessor's office, and submitting entire short plat to King County for filing to preclude further confusion regarding lot lines of the property. He indicated that no further subdivision of the property would be allowed in the future unless application is made through a major plat process and would be required to include provision of a 50-foot . street along the south property line for proper access. In addition, he stated that the Utilities Division would require a 15-foot easement along the south property line to provide for future utilities. The Examiner asked for'clarification regarding northern property line designations on the assessor's map, and asked if the property had been surveyed originally. ' Mr. Smith reported that the map shows the original miscalculated property line with a 14-foot encroachment.designated by a dashed line. He stated that the encroachment did not ' create violations of setbacks on the proposed four parcels since all existing houses maintain 10 to 20.-foot sideyards. The Examiner inquired about the exception request for a reduction in pipestem width to Lot °C" and supplemental requirements in relationship to sideyards on Lot "D." He noted that pipestem requirements indicate a minimum width of 20 feet and suggested that a variance for width reduction be requested from the Board of Adjustment. Discussion ensued with Mr. Smith regarding the authority responsible for approval of such a • variance in compliance with the code, The Examiner indicated that he would request clarification from the City Attorney on the matter. • The Examiner asked the applicants if they concurred in Exhibit #1. Responding was: - Short Plat No.1 056-77 Page Two E-057-77 W-058-77 Clyde W. Downing • 31424 W. Lake Morton Drive . • Kent, Washington 98031 Mr. Downing indicated his concurrence. Also responding -was: . Mrs. J. Lissman , 3930 Park Avenue North Renton,.WA. 98055 . Mrs. Lissman reported that she is the sister of the applicant, Mr. Nicoli, and indicated his concurrence in Exhibit #1. She requested a, reduction of the pipestem width on: her property, Lot "B", from 25 feet. to 20 feet to accommodate future construction of a carport. Mr. Smith indicated that since the pipestem was situated in.the major portion of the lot, the construction of the carport would not affect the width requirement. j The' Examiner asked for further testimony in support or opposition to the.request. Responding was: . Paul Kullama 1417 N. 40th Street I Renton, WA 98055 Mr. Kullama briefly reviewed the history of development in the area, indicating that miscalculation of lot lines was inadvertent owing to location of an existing line fence at the time of development. The Examiner. ked- applicants. if, they would the a agreei asate.,in a future LID . to P articP • in the area:- Mr,: 'Downing stated that he. was agreeable, although as a builder he would • construct the homes for sale purposes and did not intend to reside in the area. Mrs. Lissman indicated her willingness to participate in a future LID on an equitable basis. The Examiner asked.the applicants if they were aware of the recommendation for a 15- foot easement along the southern portion of the property for future utility provisions. Mrs. Lissman indicated that the portion on her lot had already been deeded and Mr. Downing indicated his. concurrence. 1 The Examiner asked for further comments: There were none. 'The! Examiner asked Mr. • Smith for additions, corrections or modifications to Exhibit #1. Mr. Smith reported that the department would accept approval of an exception to reduce the pipestem width to 15 feet if the Examiner so recommended. The Examiner indicated that he would contact the City Attorney in regards to the 'responsible authority to make a j • determination in the matter. • I The Examiner asked for further comments. Since there were none, the hearing on. Item • ' #Short Plat No. 056-77, E-057-77 and W-058-77 was closed by the1 Examiner at 2:15 p.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 four-lot short plat, exception to allow pipestem , lots, and waiver of the required off-site improvements of curb, gutter and sidewalk. 1 2. The Planning Department report accurately sets forth the .issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter, (is• uncontested) , and is- hereby attached as Exhibit #1 and,;incorporated in this ' report by reference as set forth in full herein. I 1 • 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. ,' the proposal was determined to be exempt from the threshold determination by 'Gordon Y. Ericksen, responsible • official. . 1 4. . Plans for the proposal have been.reviewed by all city departments affected by the impact of this-development and no adverse comment was expressed. 5. There was no opposition to the proposal expressed. ' ' . Short Plat No. 056-77 Page Three E-057-77 W-058-77 6. All existing utilities are available and in close proximity. 7. The proposal is compatible with the required setbacks, minimum lot area and minimum lot dimensions of Sections 4-706 and R-729 of the Code, with the exception of the existing residence on Tract D which is 4 to 4.5 feet from the proposed pipestem. The required side yard setback is 5 feet. 8. The south prbperty line of Tracts C and D has been surveyed and marked. The distance from this property line and the existing residence on Tract D is between 24 and 24.5 feet. A minimum distance of 25 feet is required by the Sections 4-706 (5 foot side yard setback) and 9-1108.F(d) (20 foot minimum width of pipestems) . 9. Curbs, gutters and sidewalks do not exist along Park Avenue N. or Meadow Avenue N. nor have final grades been established. Both applicants agreed to participate in an LID for improvement of these streets. 10.' The City Attorney's office has advised the Planning Department that the proposal is an acceptable means of clarifying the uncertain previous history of division of the property. 11. Section 9-1108.F(d) specifies that pipestem lots may be approved as an exception to the Subdivision Ordinance requirements. A minimum pipestem width of 20 feet is stipulated in this section; however, Section 9-1109 (Exceptions) specifies that exceptions may be made ". . .from the requirements of this ordinance, when. . . undue hardship may be created as a result of strict compliance with the provisions of this ordinance." Originally the applicant applied for only an exception to allow pipestem lots. It was not until just. prior to the public hearing that a survey was, made of the property which revealed the need for an exception to allow slightly less than the minimum 20 foot pipestem width. 12. Approximately the north 14 feet of the site appear to belong to the properties to the north through adverse possession. This causes no violation of required setbacks, lot area or lot width. 13. The applicant representing Tracts A and B requested in the hearing that the 25-foot wide pipestem serving Tract B be reduced to 20 feet, which conforms to Section 9-1108.F(d) . 14. A 15-foot utility easement along the south property line of the site was requested by the Utilities Division. Both applicants expressed agreement to'granting this easement and the owner of Tract B indicated that she had already granted this easement. 15. The required certification and approval forms have not been included on the short plat drawing, Exhibit No. 3. 16. Sections 9-1105.6.B. and 9-1109.1 contain the requirements for granting a Waiver of Off-Site Improvements. Staff recommended indefinite deferral of the improvements per Section 9-1108.21. No testimony was entered to indicate that the final grades for Park Avenue N. or Meadow Avenue N. were being established or would be established within 'two years to permit installation of the improvements. 17. The site will accommodate a maximum of four lots. CONCLUSIONS: 1. The proposed Short Plat is a reasonable request which meets the goals and policies of the Comprehensive Plan Land Use Report and the intent of zoning and subdivision requirements. 2. Sufficient flexibility exists in the Subdivision Ordinance, Section 9-1109 (Exceptions) to preclude the need for a variance from the 5-foot side yard setback for Tract D. In order to accomplish this, an exception must be granted to reduce the pipestem width of Tract C to 19 or 19.5 feet from the 20 foot minimum requirement. The circumstances involved in this proposal are much that ". . .undue hardship may be created as a result of strict compliance with the provisions of this Ordinance." (9-1109.1) . A variance application and hearing by the Board of Adjustment would cause delay of the short plat. Strict application of the Ordinance would potentially prohibit separating Tracts C and D, which ". . .would deprive the applicant of the reasonable. . .development of his land. " (9-1109.1.A) . No testimony was given that • Short Plat No. 056-77 Page Four E-057-77' W-058-77 other pipestem lots exist in the near vicinity, however, other properties have been subdivided into lots of smaller size than contained within the proposal. It seems reasonable for the applicant to subdivide his property into smaller lots as well (9-1109.1.B) . Granting of the exception ". . .will not be detrimental to the public welfare or injurious to other property in the vicinity." (9-1109.1.C.) . No opposition to the proposal was expressed or any •indications given of any such injury occurring. 3. The proposed pipestem lots are a,reasonable exception to the Subdivision Ordinance , (9-1108.23: (dr).. Undue-hardship 'would be produced upon the 'applicants if the exception were not granted since division of the property could not otherwise occur in view of the loss of 14 feet of the north portion of the site. (9-1109.1) . Otherwise, the applicants would be deprived of ". . .the reasonable. . .development of (their) land" (9-1109.1.A.) and would be denied the use of their property similar to that ". . .enjoyed by other properties in the vicinity. . . " , (9-1109.1.B.) . The proposal will not be ". . .detrimental to the public welfare or injurious to other property in the vicinity" (9-1109.1.C.) . 4. Upon comparison, it appears that the criteria for a Waiver (9-1105.6.B and 9-1109.1) are more applicable to this proposal than the criteria for a Deferment (9-1108.21) . Since utilities exist on the property, only curb, gutter and sidewalk improvements are at issue. Section 9-1108.21.B. stipulates that a deferral is for only a maximum of two years, after which the improvements must be. installed. However, in the past deferments for an indefinite period have been granted pending formation of an LID. Section 9-1105.6.B. provides that a waiver must be justified,among other criteria, by the ". . .absence of such improvements located within a reasonable distance and/ or the"conditions outlined in Section 9-1109.1.A. " Clearly no curbs, gutters or sidewalks exist in the vicinity, and these improvements would very likely be of low priority for future construction for at least two years and very probably more. Construction of these improvements would create an ": . .undue hardship. . . " upon the applicant if it had to occur in two years or without the economies associated with an LID. It is reasonable to assume that curbs, gutters and sidewalks will be constructed in the future through an LID. Justification has not been presented to substantiate not ever making such improvements in the future adjacent to the proposal. On the contrary, the applicant has agreed to participate in an LID. Therefore, it seems reasonable to approve the waiver subject to future participation in an LID. The improvements should not be waived completely. RECOMMENDATION: Based upon the record, testimony, and foregoing findings and conclusions, it is recommended: 1. . Approval of the short plat provided: a. Term "tract" be changed to "parcel" or "lot;" b. Placement of certification and approval forms on the plat drawing; c. Dedication of 15-foot utility easement along the south property line; d. Correction of north portion of the property to reflect reduction by 14 feet per Exhibit #3; e. No further subdivision of the property within five years without filing a final plat; and f. Preservation of as many existing trees as possible. 2. Approval of the exception to grant two pipestem lots provided: a. Tract B pipestem width to be 20 feet wide; and b. Tract C pipestem to be as wide as possible, but at least 19 feet, while providing a 5-foot side yard setback for the existing house on Tract D as determined by the Planning Department. 3. Approval of the waiver of off-site improvements until such time as an LID is formed whereby the applicants will contribute their fair shares on an equitable basis per applicable laws with other property owners in the, area. 4. Subject to compliance with all other applicable requirements of the Subdivision Ordinance and zoning regulations. . " , .. e . ... 1 . . . ' ` . 1 . , . ! Short Plat No. 056-77 .Page Five E-057-77 W-058-77 5. Planning Department review and approval of incorporation of the aforementioned into a revised drawing of the short plat. ORDERED THIS 29th day of July, 1977. • i4 0 _::-...... -ic reeler Land Use Hearing. Examiner '. TRANSMITTED THIS 29th day of July, 1977 by Affidavit of Mailing to the parties of record: Clyde W. . bowning Mrs. J. Lissman Paul Kullama TRANSMITTED THIS 29th'day of July, 1977 to the following: Mayor Charles J. Delaurenti Council President George J. Perry - Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director • Ron Nelson, Building Division . Gerard M. Shellan, City Attorney • ' Pursuant to fiitle'.IVSection 3015 of the City's Code, request- for-reconsideration must be filed in writing on or before August 12, 1977. Any aggrieved person feeling that , the decisi-on.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. � 0F R� u 0 THE CITY OF RENTON „ `� ' ' ' 7. ' MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 z o Op CHARLES J. DELAURENTI , MAYOR 0 PLANNING DEPARTMENT 4 235-2550 o � �4TFO SEP1� July 29, 1977 Peter J. Hatton 4849 - 116th Avenue S.E. Bellevue, Washington 98006 • RE: CLYDE DOWNING/BRUNO • NICOLI 'S SHORT PLAT, EXCEPTION, AND WAIVER APPLICATIONS Dear Mr. Hatton: Unfortunately we received your letter dated July 21, 1977 regarding the Downing/Nicoli Short Plat application on July 27, which was the day after the public hearing. Although we cannot enter your letter into the public hearing record, we feel that your concerns were properly covered in this department' s staff report to the Hearing Examiner. We did indicate in our report and at the hearing that if a full twenty .foot wide pipestem is allowed, the resulting setback from your house would be approxi- mately four feet. Because of this situation, and the need for a full five foot side yard for your house as required by ordinance, the Planning Department recommended that an exception to allow reduction in the pipestem width be granted. If the Hearing Examiner concurs in the staff report and grants such an exception a minimum five foot side yard as required by ordinance will be created along the south side of your house, resulting in a pipestem width of approximately nineteen feet. We hope that this addresses your concerns regarding the possible four foot side yard mentioned in your letter. The Hearing Examiner will be sending you a copy of his decision within the next two weeks. Very truly yours, Gordon Y. Ericksen Planning Director Michael L. Smith Associate Planner MLS:ms cc : Land Use Hearing Examiner Clyde Downing Bruno Nicoli III 4114 41 . ' '' , ng' r R •G : -�. AIER PLANNING DEPARTMENT j UL 2 611 p/777 PRELIMINARY REPORT TO HEARING EXAMINER p PUBLIC HEARING JULY 26 , 19 1 EXHIBIT NO / NICOLI L o. P-e. a - 77 APPLICANT : CLYDE W. DOWNING/BRUNO J. NIC '657- 77 6!l-o Sg,7l ' FILE NO. :' SHORT PLAT NO . 056-77 ; EXCEPTION TO SUBDIVISION ORDINANCE , FILE NO. E-057-77 ; AND WAIVER OF7<OFF-SITE IMPROVEMENTS , FILE NO. W-058-77 A. SUMMARY OF REQUEST: Applicant requests approval of four-lot short plat, together with . approval of exception for two pipestem lots and waiver of the off-site improvements requirements (curb , gutter, and sidewalk'') of the Renton Subdivision Ordinance . ' B. GENERAL INFORMATION : • ' 1 . Owner of Record : C . W. DOWNING/BRUNO J . NICOLI 2 A l ppicd t n : C . W. DOWNING/BRUNO J . NICOLI 3 . Location : Located approximately 100 feet south of North 40th Street between Park Avenue North and Meadow Avenue North . 4 . Legal Description : A detailed legal description is available on file ' in the Renton Planning Department. 5 . Size of Property : Approximately 1 . 2 acres . 6 . Access : Via Park Avenue North and Meadow Avenue North . 7 . Existing Zoning : G-7200 , General Classification District , Single Family Residence . 8 . Existing Zoning G-7200 , General Classification District , in the Area : Single Family Residence . 9 . Comprehensive Single Family Residential Land Use Plan : 10 . Notification : The applicant was notified in writing of the hearing date. Notice was properly published ' in the Record Chronicle and posted in three places on or near the site as required ,by City ordinances . Notice was also given to surrounding property owners . C, PURPOSE OF REQUEST: To firmly establish lot boundary and to allow construction of one ' additional single family residence on the subject site . . D. HISTORY/BACKGROUND: 1 The Subjeclt site was annexed to, the City on July 6 , 1967 , ,! : I ' by Or,'dinance No . 2391 . The! site had ben ownedlentirelyjby Mr'. Nicoli ' s family , for ', many years . A tlhree'' lot short plat was submittedHn May 1!973 .), ' However, final approval is uncertain , and the plat. was never flormally filed with King County . Mr. Downing recently bought he easterly 3!00 feet of the subject site 'and discovered conflictsin the lot 1llne configurations . Hle also wished to build two houses on' the elaste''rly 300 feet and , therefore, requ',e;sted short platting; forll'the entire property, to clarify the uncertain existing situation . IL • 'PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JUNE 28, 1977 PAGE TWO RE : CLYDE W. DOWNING/BRUNO J . NICOLI SHORT PLAT APPLICATION 056-77 , EXCEPTION TO SUBDIVISION APPLICATION E-057-77 , AND WAIVER OF OFF-SITE IMPROVEMENTS APPLICATION W-058-77 E. PHYSICAL BACKGROUND: 1 . Topography : The site is relatively level . 2 . Soils : Indianola ( InC ) , Loamy Fine Sand. Permeability is rapid . Runoff is slow to medium, and erosion hazard is slight to moderate . The soil is used for timber and urban development . 3 . Vegetation : The site consists of vegetation introduced to the site by man , together with scrub grass and scattered deciduous and fruit trees . 4 . Wildlife : Existing vegetaion on the site provides suitable habitat for birds and small mammals . 5 . Water : Surface water is not apparent on the subject site . 6 . Land Use : There are three existing single family residences on the subject site , located on proposed tracts A, B and D . Pro- posed Parcel C is undeveloped . There are existing single family homes located adjacent to the northerly property line and existing single family residences located adjacent to the south property line and across both Meadow and Park Avenue . F. NEIGHBORHOOD CHARACTERISTICS : The area consists primarily of single family residential uses . G. PUBLIC SERVICES : 1 . Water and Sewer : An existing 6 inch water main is located along Meadow Avenue North . There are existing 6 inch sewer along Park Avenue North and 3 inch sewer along Meadow Avenue North . Storm sewers are not available in the area . 2 . Fire Protection : Provided by the Renton Fire Department as per ordinance requirements . Any future development will be subject to City of Renton standards . ( See memo from the Renton Fire Department . ) 3 . Transit : Transit Route 240 operates along Lake Washington Boulevard approximately 1/4 mile west of the subject site . 4 . Schools : The site is located within the Renton School District. 5 . Parks : The subject site is within 1/2 mile of proposed May Creek , 1/2 mile of Kennydale Beach Park , and within 2 miles of Lake Washington Beach Park. H. APPLICABLE SECTIONS OF THE ZONING CODE: 1 . 4-7061, R- 1 , Residence Single Family. 2 . 4-729; G', General Classification District. j1 I . APPLACABLE ,SECTIONS OF THE ' COMPREHENSIVE PLAN OR QTHER6,FFiICIAL CITY DOCUMENTS: 1 . Subdi ✓iS7o0 Regulations , Section 971105!, Plat Requirleinents for Short Subdivisions andlSectlion 9- 1109 , Exceptions . I f 2 , 'Land II se Report, 1965 , page 11 , ReSi;dential . 1 1 11 . .1 I :1 i 1 411/ 1111 `PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JUNE 28, 1977 PAGE THREE RE : CLYDE W. DOWNING/BRUNO J . NICOLI SHORT PLAT APPLICATION 056-77 , EXCEPTION TO SUBDIVISION APPLICATION E-057-77 , AND WAIVER OF OFF-SITE IMPROVEMENTS APPLICATION W-058-77 3 . Policy Statement , Comprehensive Plan , Renton Urban Area , 1965 , page 4 , The Neighborhood. J . IMPACTS ON NATURAL SYSTEMS : The addition of one single family residence to the subject site as the result of the approval of the short plat will not significantly impact natural systems . K. SOCIAL IMPACTS : Minimal . L. ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION : Pursuant to the City of Renton Environmental Ordinance and the State Environmental Policy Act of 1971 , as amended , RCW 43 . 21C , the subject proposal is exempt from the threshold determination and EIS require- ments of SEPA . 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 Utilities Division 4 . City of Renton Fire Department 0. PLANNING DEPARTMENT ANALYSIS: 1 . The Comprehensive Land Use Plan indicates the subject site as suit- able for single family residential purposes . 2 . The proposed lots exceed the minimum lot size ( 7200 square feet ) of the G-7200 zoning district in which the subject property is located . Tract A = 7950 sq . ft . , Tract B = 18 , 600 sq . ft . , Tract C = 13 , 950 sq . ft . , and Tract D = 10 , 950 sq . ft . 3. The property was the subject of a three-lot short plat application in May 1973 . However , the plat was never formally approved and filed with King County. The Assistant City Attorney has indicated that the subject replat would legally be acceptable in this instance so as to clarify the situation and establish , through formal filing with King County , the actual lot configurations for the property which has been a problem for many years . 4 . When the applicant had the property surveyed , it was discovered that the existing fence and portions of the rear yards of the existing houses to the north were approximately 14 feet into the subject site . This condition has existed for many years . '' The applicant ' s attorney ha's advised him to consider theifence ,line as the north property tine , therebi;, losing the northerly 14 feet through adverse possession and creating lot widths of ii,'93 feet as ! opposed 'Ito 107 feet . However, l;the resulting lot izes and dimensions still would exceed the minimum ordinance requirements . 5 . ' T;here are existing houses on Tracts A and B , a houselunder, lcon- s�truction on Tract D ; and if the.; siiort plat is approved , oile additional house will be constructed on Tract C. I ; I; ; I I ill II . i 4111 411/ PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JUNE 28 , 1977 PAGE FOUR, RE : CLYDE W . DOWNING/BRUNO J . 'NICOLI SHORT PLAT APPLICATION 056- 77 , EXCEPTION TO SUBDIVISION APPLICATION E-057-77 , AND WAIVER OF OFF-SITE IMPROVEMENTS APPLICATION W-058-77 6 . A pipestem 25 feet in width and 117 feet in length is proposed on the westerly portion of the subject site serving as access to Tract B and the existing house . A pipestem 20 feet in width is proposed extending from Meadow Avenue No . to Tract C serving as as access to Tract C . The minimum pipestem width required by ordinance is 20 feet . This will provide a minimum 5 foot side yard for the existing house as required by the Zoning Ordinance . 7 . The pipestem lots are proposed because of the limited traffic created by one house (for each pipestem) , the proposed low density of the subdivision ( 4 lots ) , the close proximity of the existing residences on the property adjacent to the south , and the narrowness of the subject site . These factors create physical and economic hardships for development of a full width street per ordinance requirements . 8. Any further ,s,ubdivision of the property within 5 years will require a major plat application and the construction of a standard dedicated public street , as per state law and the Renton subdivision regulations . 9 . Suitable utilities are available on the subject site . However , no off-site improvements exist along either Park Avenue North or Meadow Avenue North in the general vicinity of the subject site . Final design grades have not been established on either street . 10 . Several significant deciduous trees exist on the subject site . These should be preserved as much as possible . P. PLANNING DEPARTMENT RECOMMENDATION : Recommend approval of the proposed four-lot short plat with the pipestem lots as proposed subject to the following conditions : 1 . Provision of a minimum 10 foot wide paved driveway to Tract C at the time of construction of the proposed residence , as per the subdivision regulations . 2 . Preservation of as many large deciduous trees on the subject site as possible . No significant deciduous trees shall be removed without approval of the Planning Department . The Planning Department further recommends the denial of the waiver of the off-site improvements ( curb , gutter , and sidewalk ) and instead recommends an indefinite deferral of these improvements until an LID or other City initiated action is formed for installation of such improvements in the general area . This is subject to the signing and filing of restrictive covenants running with the land in which the applicants agree to install such improvements as stated above . 1 I1 1 1 I I' I ..m,====M. ==. Alb 411, Yr' tfl; S h Il >� ( W 4 _V� 20 T/ rr 1 j N ly L, �. / /�/ ` //1,; I e Oj'n: LI ' ? I �/�1�� 11 p� 2B �2J 30� , 'i / // 1 (:// I •I 0 49 I ' , r Ir/ �V�`v� � 2 2 I I I ,. W ': 1"• WW1 1 I f Ill I 9 . r .. r1 5 W 6 11 5 ,, k . ii 7..f., ,i) /'Mr .\i, iHol _1 7 Z- 7 I 8 II • }1 1 �ll�!//I, _ 1 - ; a � 2 ,\ t / ilT 87 i05 O , . - -- I t r L / / > P i 102 I" F I1 .nc 1 1 6 5 \ /, I _ • .1, 11111 OI-- __ i I r„. C � 9T v ti S1' 92 '- -- ,iB-_-� I '.... Z 5I I r a {I s a ,/r a0 ! , I 1';I,L 9 — 2 ,,, i ;i / lif Alf . 79 ,Id 1 - 1 _ ! w q O 78 L— —9 y 6 5 TM _r_ _ _ 47 jillill'ilis eeem© 9meea 2 69` ` x 'a , ..mml 2, I — 70 71 I li Wi�iW , 11111W le — — — '1 � ' I V 1111-1 l365 l E1 -�• 27 2 q _i_1 ■ / _ 1J' 1 ' 4 4' I . ' .; , ''" ' 14 G'" t$c) �/' �`'.J I I l}l rile..1111111 if 1 G"y 1 - - -•:i I. __ .. .,i ll1' 1Ia11!1,1l1l( 111] 1.11 ., 32 I ii ,1;111 Ili I 1 1�( 1 I �I III ' I 6z ` . 'a 77 1 76 �6. I" / : ill'17,, 1,.••,!1 01111111111161 ' ION'. i il al munal": •' ?iiiiiimil' ,4 55 „r /R3/ 14Ll'.14 ,1 1. •I I r ' . ` Y1 -.�.� - — _ r, ai '1•N .ec�y�,4 ,.n'` _ ,raa r,lyµ,., rx Y to' I 11 1 ASf' �k` o I I I�-°_ ,i° i•l l l 1 _I 1 IT171111 1 . 1 i _ 1 F �'�' >" F SHORT PLAT - WAIVER OF OFF-SITE IMPROVEMENTS - EXCEPTION TO SUBDIVISION ORDINANCE: CLYDE W. DOWNING/BRUNO J. NICOLI, Files No. 056-77, E-057-77, and W-058-77; property located approximately 77 feet south of No. 40th Street between Park Avenue North and Meadow Avenue North. APPLICANT CLYDE W. DOWNING/BRUNO J. NICOLI TOTAL AREA ±1.2 acres PRINCIPAL ACCESS Park Avenue North I EXIS-IING ZONING G-7200 l Undeveo ed Single FamilyResidential EXISTING USE p / g ' P'ROIPOSED IUSE Single Family Residential . i I II i , I � 1 I i C�O�PR'�EHENIS,I'VE LAND USE PLAN Single Family • CIO MF EI N T S I, , t1 1 1 \\i" MAY i r''/ d' 7z":„._„------ . A, </yr i ',""1:,.? ' ''''' 0 ' . ..‘-" 1 E 1 yr . 1 ' ��r 1//. • 6 / ,�.: ht�— �,. I /v, I. ft. / G j i 4GQ&:: ,l/i / / .kft , /�,/ 1 , �_�1 ;fie/ /!A ® 1 / �}1 , Apr 83 tt,fif i a a s i a! . are y ° O 16 9did 9 9d ; ;i1'0: .. o B ]' ; EPA' ,'i l6 7 a 9 a e !d ••I ill A ti �+ � wa�a� °e_m /o 1 ' 'p,\.S,t, fikl. :V tqk ‘t\-,41 -7,7? 7-.., e 0 ak. ° 4i 0 P 4 e}oo*rMIMl& W®O Qc2 ' ,0 I '6., 411*I,- • 0 �.l' thvantr) /sue . I � -- am _ �._. i 1 t • 1:1:1 Di[7 `' I i 1 A—r ' n k n i 9 V : or:311--g o 0 a a a 9 1 -1 II 0 , I 1 0 it? ir-L,In, 1 ,ft 1 ..11-] ,‘ e —----- _-.: = =-:.—.... 1-2:. • , , , iii:11 c'04,16 1 :--• goo I1 uli- O5 —77 1 1 • MEMO RA N • • TO MIKE SMITH DATE 7-20-77 FROM FIRE DEPARTMENT SUBJECT SHORT PLAT FOR 'CLYDE W. DOWNING/BRUNO J. NI COL I AN APPROVED WATER SUPPLY CAPABLE OF SUPPLYING REQUIRED FIRE FLOW FOR FIRE PROTECTION, SHALL BE PROVIDED TO ALL PREMISES UPON WHICH BUILDINGS OR PORTION OF BUILDINGS ARE HEREAFTER CONSTRUCTED. THIS -INCLUDES ACCESS FOR EMERGENCY EQUIPMENT. IT IS AGREEABLE TO WAVE OFF SITE IMPROVEMENTS AT THIS TIME PROVIDED AN AGREEMENT IS REACHED TO HAVE SUCH IMPROVEMENTS PROVIDED PREVIOUS TO ANY CONSTRUCTION. SINCERELY, ,1 , E.V. WOOTON JR. FIRE INSPECTOR 'EVW/DA INTEROFFICE CO R RESPONT ?i CE Date July 19, 1977 TO: ' Mike Smith • • FROM: Don Monaghan • SUBJECT: Short Plat for Clyde Downing In response to your memo of July 13, 1977, a review of the short plat and associated actions has been completed and the following are my comments: Waiver of Off Site Improvements: It is agreeable to waiver off site improvements provided an agreement has been reached which was a covenant on the land whereby the property owner would not oppose an LID or would install improvements when directed to do so by the Public Works Director, • Plat: 1 . Set all property. corners 2. Legal description of each lot 3. Area of each lot 4. Vicinity map Exemption to Subdivision Ordinance: If exemption granted, pipe stem is to remain in private ownership. • DM:pmp �) c F 00 Z PUBLIC WORKS DEPARTMENT BUILDING DIVISION 235 - 254Q JJ �. MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 V t1 1J (` ,TtO SEPSE�\� ti CHARLES _° DELAURENTI MAYOR Dull 15, 197/ i :•i,^_...:ORANDUN TO: Planning Department ' ' 'FROM: Jim Hanson • SUBJECT: Downing - Nicoli Short Plat The following questions should be resolved prior to platting. 1. Does the state law on platting only allow a short plat every five years? If so, T believe this property was was short platted,,abcut three years ago. 2. Can the north 14' be claimed by adjacent property owners by adverse possession? JCH/ch / / w Y PLANNING DEPARTMENT ADDENDUM TO PRELIMINARY STAFF REPORT JULY 26 , 1977 FOR : CLYDE W . DOWNING/BRUNO J . NICOLI REQUEST FOR EXCEPTION , FILE NO . E-057-77 ADDITIONAL ANALYSIS : 1 . Mr . Downing had requested an exception to provide a 15 foot pipestem as opposed to 20 feet to Tract C from Meadow Avenue North , because he thought that the side yard of the existing house was approxi - mately 3 feet from the pipestem as opposed to the 5 feet required by ordinance . 2 . Measurements indicate that the side yard is approximately 4 to 4 . 5 feet with a 20 foot pipestem. Therefore , there is no need for a 5 foot reduction in the pipestem width . 3 . Because the house has already been constructed , a hardship would be created to move it the minimal 1/2 foot to 1 foot required to maintain both a 20 foot pipestem and a 5 foot side yard . Allow- ing the 20 foot pipestem, as proposed, would create an illegal side yard for the existing house . The side yard should consist of the entire 5 feet as required to allow for proper separation between the driveway located in the pipestem and the house . PLANNING DEPARTMENT RECOMMENDATION : Recommend approval of an exception to allow a pipestem approximately 19 feet in width , •or to a width necessary to provide a minimum 5 foot ' side yard for the existing house , whichever is necessary upon exact survey measurement . This exception is necessary due to the circum- stances mentioned in number three above . Denial of the variance would deprive the applicant of the reasonable use and development of his land. The minimal distance involved in this instance would be more important and necessary as side yard rather than part of the pipestem. Granting of the exception will not be detrimental to adjacent proper- ties because of the minor distance involved and the low traffic volume anticipated on the pipestem access (one single family residence ) . IliElk . INTERDEPARTMENTAL REVIEW REQUEST TO : PUBLIC WORKS, DIRECTOR 1/4' , BUILDING DIVISION , ;* ENGINEERING DIVISION / TRAFFIC ENGINEERING DIVISION UTILITIES DIVISIO N FIRE DEPARTMENT HEALTH DEPARTMENT FROM : PLANNING DEPARTMENT it1142-0 �1 -?L Contact Person RE : c2 `-de o n / 6V'Uno Aj6d.c9( ; • Sil.def 10147S LA)c J e_1(- ) Please review the attached information regarding the subject proposal and return it to the Planning Department by Vl/1/7 7 ' with your written recommendation . Your response will be included as part of the staff report to the Hearing Examiner. Thank you , PLANNING DEPARTMENT ") / /4//,/, 4a,_,/ ,2 f . ti Date 77_3 '77 Sit CITY OF RENTON d��;„ � /-.. '�/y/ SHORT PLAT PLAT APPLICATION FILE NO. Vti - G-=5-b' - -r7 MAJOR PLAT DATE REC' D.__ TENTATIVE APPLICATION FEE c� PRELIMINARY ENVIRONMENTAL REVIEW FEE $ FINAL RECEIPT NO. SM NO . PUD NO . .PPLICANT TO COMPLETE ITEMS 1 THROUGH 7 : Plat Name & Location . No. Lots Total Acreage Zoning Owner /t/,iL; �A� �LL��%il iiz; Phone �� > - �'1, / Address ?/L1 z /4) �1��JIE:%z%S �i`? ,��—�� . Underground Utilities : Yes No Not Installed Telephone ( j<' ) ( ) ( ) Electric ( ) ( ) ( ) Street Lights ( X ) ( ) ( ) Natural Gas /t)e,T %J2c),6x1 ( ) ( ) ( ) TV Cable ( • ) ( ) ( ) . Sanitation & Water: ( > ) City Water ( X, ) Sanitary Sewers ( ) Water District No . ( ) Dry Sewers • ( ) Septic Tanks . Vicinity and plat maps as required by Subdivision Ordinance. - DATE REFERRED TO : ENGINEERING PARKS • BUILDING HEALTH TRAFFIC ENG. STATE HIGHWAY FIRE COUNTY PLANNING BD. PUBLIC WORKS OTHER • STAFF ACTION : TENTATIVE PLAT APPROVED_ DENIED APPEALED EXPIRED • LAND USE HEARING EXAMINER 'S ACTION: SHORT PLAT APPROVED DENIED PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED - CITY COUNCIL ACTION: PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED ? . DEFERRED IMPROVEMENTS : DATE DATE BOND NO. AND TYPE GRANTED EXPIRES AMOUNT Planning Dept . P' T,, ,1/77 ili • AFFIDAVIT I, CLYDE W . downing , being duly sworn, declare that I am the owner of the property irvolved 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 swornn before me this �"]-Lc day of oJ1 Le , 1977 , Notary Public in and for the State of Washington, residing at �1,'0C . I , ) ji v _ ew (Name of Notary P blic) (Sidature of Owner)/ WeJa , q o3 J 3r v 2�zc) �/e �,1�ie)1 �%� (Address) (Address) /1)C��VE / ,)i ,s i (City) (State) (Telephone) (FOR OFFICE USE ONLY) CERTIFICATION This is to certi rhiptif e foregoing application has been inspected by me and has been f norough and complete in every particular and to conform to t ,` ui ci r lations of the Renton Planning Department governing th eji1 n lf-' suc�. pplication . JUL 5 I977 Date Receive r< , 19 By: �'/IvG DE Renton Planning Dept . S is AFFIDAVIT I, Bruno J. Nicoli , 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 : 7 day of OJL ¢. , 19 7 , . Notary Public in and for the State of Washington, residing at VS24 . IS. ,�ilk C � x , •�- ' a ,� i%c -cam (Name of Notary P�u�blic Y ) r5ignature of Own�.z') OA/4-i WaNdk . Q Ko3/ (Address) (Address) (City) (State) (Telephone) (FOR OFFICE USE ONLY) CERTIFICATION This is to certify that foregoing application has been inspected by me and has been found tt h and complete in every particular and to conform to the ru17' Aa d e 'ons .of the Renton Planning Department governing the fi1opTIN ba ' cation . ' Date Received JUL 5 1977 , 1 By: : IA,G DEP Phi/i .- �� Renton Planning Dept . dio • _ _ _ _ _ MEMORANDUM • TO MIKE SMITH DATE 7-20-77 FROM FIRE DEPARTMENT SUBJECT SHORT PLAT FOR CLYDE W. DOWNING/BRUNO J. NICOLI AN APPROVED WATER SUPPLY CAPABLE OF SUPPLYING REQUIRED FIRE FLOW FOR FIRE PROTECTION, SHALL BE PROVFDED TO ALL PREMISES UPON WHICH BUILDINGS OR PORTION OF BUILDINGS ARE HEREAFTER CONSTRUCTED. THIS INCLUDES ACCESS FOR EMERGENCY EQUIPMENT. IT IS AGREEABLE TO WAVE OFF SITE IMPROVEMENTS AT THIS TIME PROVIDED AN AGREEMENT IS REACHED TO HAVE SUCH IMPROVEMENTS PROVIDED PREVIOUS TO ANY CONSTRUCTION. SINCERELY Y ! %• E.V. WOOTON JR. FIRE INSPECTOR EVW/DA 11110 11111 INTEROFFICE CORRESPONDENCE Date July 19, 1977 TO: Mike Smith FROM:. Don Monaghan SUBJECT: Short Plat for Clyde Downing In "response to-your memo of:July :13, 1977, a review of the short plat and = - - associated actions has been completed and the following are my comments: Waiver of Off Site Improvements: Iti_s: agreeable to waiver off site improvements provided an agreement has been reached which was a covenant on the land whereby the property owner would not oppose an LID or would install improvements when directed to do so by the PublicWorks Di rector. - Plat: 1 . Set all property corners 2. Legal description of each lot 3. Area of 'each' lot ._ . -: 4. Vicinity map Exemption .to Subdivision Ordinance: If exemption granted, pipe stem is to remain in private ownership. DM:pmp- • Ill' 2 -.4%-- 4-: - OF ii. o°D Z PUBLIC WORKS DEPARTMENT r o J v� BUILDING DIVISION 2.35_2540 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 4 4fb SE PSEh'° CHARLES J. DELAURENTI MAYOR July 15, 1977 11 Nil,11ll;"1\� °/\:'ti • ,L G MEMORANDUM '' J1 j ' • r:- --- i' •TO: - • • Planning Department '� a� . - 'FROM: Jim Hanson - SUBJECT: Downing - Nicoli Short Plat The following questions should be resolved prior to platting. 1. Does the state law on platting only allow a short plat every five years? If so, I believe this property _ was short platted,,about three years ago. 2. Can the north 14' be claimed by adjacent property owners • '; by adverse possession? JCH/ch 77/// • /' J �,."' J` vim.�`t''�' �1j, S �� ; q ran..+/t. 1 ,,t; cl de w. d®w= 0� b a,, - 31424 west lake morton drive / kent, wa 98031 "® telephone:office: 631-7294 • residence: 631-9484 , e- custom built homes June 23 , 1977 Gordon Erickson 200 Mill Avenue S . Renton , Washington 98055 Dear Sir: This is a request for a variance from the short plat rules . Due to the extreme narrowness of the lot we do herby request a pipe stem plat so as to be able to utilize the interior portion of this lot. The legal description of the property is : The Easterly 395th feet of the 106, C D Hillmans Lake Washington , Garden of Eden #2 . Thank you , Clyde W. Downing, Builders , Inc. Clyde W. Downing, President CWD/vlj ''''-'1" (OA) ° \ HIV 4111 5 1911 ,, ---- IN DL/. '. �� �. ..Vit ii ^,'�;� ,.eft Clyde w. downing/builder .^ _ , - a 31424 west lake morton drive / kent, wa 98031 telephone:office: 631-7294 • residence: 631-9484 custom built homes June 20 , 1977 Gordon Erickson 200 Mill Avenue S . Renton , Washington 98055 Dear Sir: Due to the absence of sidewalks and curbs , I am requesting a waiver for the street , sidewalk and curb requirements on the lot here in after described : The Easterly 395th feet of the 1o6, C D Hillmans Lake Washington , Garden of Eden #2 . Thank you, Clyde W . Downing, Builders , Inc. ' Clyde W . Downing , President CWD/vlj PECE1V 126...". JUL S 1977 �/1/ R-(e DEP o 4 r THE CITY OF RENTON ®i ' Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 Z y 0 O'33 ''<1 CHARLES J. DELAURENTI , MAYOR • PLANNING DEPARTMENT 0 474- 235-2550 gTfp SF PItw April 26 , 1977 Clyde W. Downing 31424 West Lake Morton Drive Kent, Washington 98031, Dear Mr. Downing: The Planning Department has received your request for a Short Plat of the easterly 300 feet of Tract 106 of C. D. Hillman' s Lake Washington Garden of Eden Division #2 . Our records indi- cate that a three-lot short plat (Application #W-731-73) was approved on May 23, 1973. Two of these three lots fronted on Park Avenue North and the third lot consisted of the remaining easterly 395 feet of the tract. State law and City ordinance require that any short platted lot cannot be further short platted within five years. Therefore, any further subdivision of the subject property will require processing as a major plat pursuant to City Subdivision Regulations. We are also concerned about the 300 foot lot dimension you indicate. As stated before, our records indicate the easterly 395 feet as the third lot of the legally short platted tract. At the present time one house can be built on this easterly 395 feet. Any further subdivision and development would require submittal of a Tentative Plat application as the first phase of a major plat process. The application fees submitted with the short plat can be applied to this process. Provision of suitable access will also be a concern within any future platting of the subject property. If you have any further questions, please do not hesitate to contact this department. Very truly yours, Gordon Y. Ericksen Plan ing Director • ichael L. Smith ssociate Planner MLS:ms cc : B. I. Nicoli 3404 Burnett Avenue North Renton, Washington 98055 -.: '' • CITY OF RENTON PLAT APPLICATION 7•-// - -7-7 -7) SHORT PLAT 74:0` Re FILE NO MAJOR PLAT jgMD DATE R2C °D 10 TENTATIVE I FEE $ APR 1977 _ 19 ' PRELIMINARY 1, RECEIPT NO. • FINAL '` �� SM NO. q�NG D � PUD NO. APPLICANT TO COMPLETE ITEMS 1 THROUGH 7 : 1. Plat Name & Location ' > 2. No. Lots Total Acreage�� /�l 7�' Zoning ( --7z o ' 3. Owner 7 /Vet t:. �+ ) n - t_.�<•:.� .��,����;•• K Z r9 u.�>� ���� Phone � Address. �' �' eft) �' � " c� 4 . Engineer f14/ S 2 J/± Phone Address / E-71)F 5. Underground Utilities: Yes No Not Installed Telephone ' Electric C DVA e-,YEEA19 Street Lights _ 'Natural Gas TV Cable - 6 . Sanitation & Water: City Water Li Sanitary Sewers /-7 Water District No. L7 Dry Sewers L= 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. STAFF1ACTION: SHORT PLAT APPROVED DENIED TENTATIVE PLAT APPEALED EXPIRED 0. PLANNING COMMISSION ACTION: PRELIMINARY PLAT APPROVED DENIED • FINAL PLAT APPEALED EXPIRED 1 . CITY COUNCIL ACTION: I PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 2 . DEFERRED IMPROVEMENTS: DATE DATE BOND NO. & TYPE GRANTED EXPIRES AMOUNT Planning Dept . Rev. 12/71 AFFIDAVIT • I, l) _ NT/ L/LC, 1 , 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 swo(1)11(4 n before me this Cps' day of , 197f Notary Public in and for the State of Washington, residing at ezioct ie-ocuct, (Name of Notary P lic) (Signature of Owner IP6&_ Zt ku1/441" [Alt- kat (Address) (Address t"01-12..AL (City) (State) _ 2163119J (Telephone) (FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations e Renton Planning Department governing the filing of such appl • V orf. ECFIV "'a o Date Received y- APR 19 1977 Renton Planning Dept . `/ GDGDEPP�- 2-73 AFFIDAVIT I, ( ck- GCJ ;E:2�1.49i)/47 beingduly sworn, declare that I am the owner of the propert 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 y , �D ' da of this 19 77 Notary Public in and for the State of Washington, residing at C..�cf�,� 4Lf (Name of Notary Pu is) Signature of Owner�17 S.E • 444 1. 372.-, .iteE/1,1w,4 L.De CAddress) ' 9163/ (Address) a)/)f-S City) (State) d3/ — 72 / (Telephone) (FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations ) Renton Planning Department governing the filing of such apply_ton�-- ,X DECEIVED Date Received ca 9 By: ?i . • APR 19 1977 � ----------........... -�_ ti N/ Renton Planning Dept . %/ IR.' / .....i .0,iggi 11/ - - ...mewl i. / I \, 'i t ® ��it/�' L L L / i i( 1 / s • r 5 i • 1 L\ �j' . , r \\ /3 a. 417/ la I t s Os s 47' Pr: 7 rm.y_3_60' ey ' PIkCIA. 1�I T 6r 1°' 4 '- -/ ' 1 If • A id • - i' , mi=11M111.41114..1-trill ii ' �1 1111111iA1< pl ` alle21 .' . 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' ' i ` • \ a iiiyI1 IIIu1111IPIII11I11i1IUI' ` ' , S-_', c' '�a '�1 r11111111111u111111U1 ~ ' �� WA 4 �• 111111111m1 11111n1Iu \\ \ 1f ok:r •ilt I ' _ . , UI L: MI �' LE' L ZO ` N \ .\-. :-Gf. . \ • - . ..\.,--," ■ ni n7 \ \ 1 .../1 r T s 27. r ►�7 L.o 2f� i 2 22 L • L04 �•• L7% NM MEM • rtro ZONE USE MIN LOT ZONE USE MIN LOT (SCALE 1 "=800' R-1 Sing. Fam. Res. 7200 SR-2 Two Fam. Res. •10000 SECTION SR-1 Sing. Fam. Res. 7500 R-3 Mulit-Fam. Res. 5000 G Sing. Fam. Res. 35000 R-4 Multi-Fam. Res. 5000 G-6000 Sing. Fam. Res. 6000 P-1 Public Use 1 G-7200 Sing. Fam. Res. 7200 B-1 Business G-8400 Sing. Fam. Res. 8400 BP Business Parking PAGE G-9600 Sing. Fam. Res. 9600 L-1 Light Industry GS-1 Sing. Fam. Res. 35000 H-1 Heavy Industry S-1 Sing. Fam. Res. 40000 T Trailer Park 3 R-2 Two Fam. Res. 7200 M-P Manufacturing Park r`- _mil " ` iC- -r` is ,,C ,' '• `7 --_--- - — ._ ' = 4— =='__ Cr clyde w. downing/builder _;: 31424 west lake morton drive / kent, wa 98031 - -- i e telephone:office: 631-7294 • residence:631-9484 •- custom built homes _r /� of REV j. P2-,-5,-,a.r)/416 � �r/,,-E, / Icy • REC . 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APR 19 1977 et.- y/4,G D E P PR • 4 ..r ^4 • CITY OF RENTON, WASHINGTON ENVIRONMENTAL CHECKLIST FORM i°fIECEI\lirblie.,1. APR 19 1977 FOR OFFICE USE ONLY 4p-•--------- _ Application No. ti • Environmental Checklist No. .Ed A-2TT_77 PROPOSED, date: FINAL. date: 0 Declaration of Significance Declaration of Significance 0 Declaration of Non-Significance Declaration of Non-Significance . COMMENTS: Introduction The State Environmental Policy Act of 1971, Chapter' 43.21C, RCW, requires all state and local governmental agencies to consider environmen.tal. values both ,.for their own actions and when licensing private proposals. The Act also requires that an EIS be prepared for all major actions significantly affecting the quality of the environment. The purpose of this checklist is to help the agencies involved determine whether or not a proposal is such a major action. • Please answer the following questions as completely as you can with', the information presently available to you.. Where explanations of your answers are required, or where you believe an explanation would 'be helpful to government decision•,makers, Include your explanation in the space provided, or use additional pages if necessary. You should' include references to any reports or studies of which you are aware and which are rele- vant to the answers you provide. Complete answers to these question•s now will help all • agencies Jnvolved with your proposal to undertake the required environmental review with- out unnecessary delay. . The following questions apply to your total proposal , not just t.o' the license for. which you are currently applying or the proposal for which approval is sought. Your answers should include the impacts which will be caused by your proposal when it is completed, even though completion may not occur until sometime in the future. This will allow- all of the agencies which will be involved to complete their environmental review now, with- out duplicating paperwork in the future. NOTE : This is a standard form being used by all state and local agencies in the State of Washington for various types. of proposals. Many of the questions may not apply to . your proposal . If a question does not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM • I . BACKGROUND 1. Name of Proponent ,2. ��e.L i' "°'""°` y dr 4e)7,414,94.`i°, k.p K ,,,. 2. Address and phone qum'b7err it 'of Propone : L-5 L'T C ���' G.tJI 1�6�-C-i..9/l in L /y. 2__y ze) 2,e /1--to, - ,..i z»z, . /c-fr----,_J-i - z,,,,-.5 — 9.,e . -/ . , . . , 3. Date Checklist submitted ' I— /9 ^ 77 4. Agency requiring Checklist � VN Re-00/A[/nI9- DApt • 5.i Name of proposal, if-applicable: 6. Nature and brief description of the proposal . (including but not limited to its size, general design elements, and other factors that will. give an accurate understanding of its scope and nature) : ' . . 7)lv1Se zepip �-:t! ` ) ? e.e.m.m.Ls' ,' -2- 1. Location of proposal (describe the physical setting of the proposal , as well • as the extent of the land area affected, by any environmental impacts, including any other information needed to give an accurate understanding of the environ- mental setting of the proposal ) : E. ..wr&L y ,3i O' oa/ L 07 ,o 4 c. D. A/iC(, MAVv'$ L ife& • w 41.3.41 ly gorD N -op eDs,y j P,v. 02. --,Q,c e.•rd i, 70 PA AT ,egc04D o /Pif VQL•%lf Pl ., 4g1f Arc- 471 Cr.r q• c od-ini 8. Estimated date for completion of the proposal : ' 9. List of all permits, licenses or government approvals required for the proposal (federal ,/ d / state and local--including rezones) : /�� C1/7Y c.' (y/ /2 k LAP4-tS • • 10. Do you have any plans for future additions , expansion, or' further activity related to or connected with this proposal? If yes , explain: . , • • . 11. Do you know of any plans by others which may affect the property-,covered by your proposal? If yes, explain: . } 12. Attach any other application form that has been completed regarding the pro- posal ; if none has been completed, but is expected to be filed at some future date, describe the nature of such application form: , • II . ENVIRONMENTAL IMPACTS ., F (Explanations of all "yes" and "maybe" answers are required) (1) Earth. Will the proposal result in: • i (a Unstable earth conditions or in changes in geologic substructures? YET- MAYBE (b' Disruptions , displacements , compaction or over- - covering of the soil? • YES MAYBE • (c Change in topography or ground surface relief features? Y MAYBE N ` (di The destruction; covering or modification of any unique geologic or physical features? YET- MAYBE NU (e) Any increase in wind or water erosion of soils, ' either on or off the site? . -. . . S Y MAYBE N . (f) Changes in deposition 'or erosion of' beach sands. or.: .::' .' ` changes in siltation, deposition or erosion which-,.:;'' ;` ' " '°k' may modify the channel of a' river •or'stream' or the • • bed of the ocean or any bay, inlet or lake? . .. . - - MAYBE : - . Explanation: ' . 'I • -3- • • (2) Air. Will the proposal result in: • (a) Air emissions or deterioration of ambient air quality? YES RATITE NO (b) The creation of objectionable odors? vm MAYBE (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? YES MAYBE Explanation: • (3) Water. Will the proposal result in: (a) Changes in currents , or the course of direction of • water movements, in either marine or fresh waters?- • • YES MAYBE (b) Changes in absorption rates, drainage patterns,, or,. ',, ' the rate and amount of surface water runoff? VET- MAYBE (c) Alterations to the course or flow of flood waters? , • �' • YES MAYBE NU • (d) Change in the amount of surface water in any water'. ' body? YES MAYBE (e) Discharge into surface waters, or in any alteration surface water quality, including but not limited to ' temperature, dissolved oxygen or turbidity? ' v5- MAYBE • NO (f) Alteration of, the direction or rate of flow of ground waters? YES MAYBE (g) Change in the quantity of ground waters , either through direct additions or withdrawals , or through interception of an aquifer by cuts or excavations? : • YES AFC YBE NO, (h) Deterioration in ground water quality, either through direct injection , or through the seepage of leachate, phosphates , detergents, waterborne virus or bacteria, or other substances into the ground waters? YES MAYBE NO (i ) Reduction in the amount of water otherwise available ` / for public water supplies? V€B j�j(MAYBE Explanation: (4) Flora. Will the proposal result in: (a) Change in the diversity of species , or numbers of any species of flora (including trees , shrubs , grass , crops , • microflora and aquatic plants)? YET- MAYBE (b) Reduction of the numbers of any unique, rare or endangered species of flora? V! � 0 (c) Introduction of new species of flora into an area, or ' • in a barrier to the normal replenishment of existing • species? VET- FITTB-E. • (d) Reduction in acreage of any agricultural crop? YET- MMAYBE NO' ' .. Explanation. • • -4- • (5) Fauna. Will the proposal result in: • (a) Changes in the diversity of species , or numbers of any species of fauna (birds, land animals including reptiles, fish and shellfish. benthic organisms. insects or microfauna)? ICES- MAYBE NO (b) Reduction of the numbers of any unique, rare or endangered species of fauna? Y MAYBE 0 (c) Introduction of new species of fauna into an area, or result in a barrier to the migration or movement of fauna? YES MAYBE 0 (d) Deterioration to existing fish or wildlife habitat? �f Y S . MAYBE T Explanation: (6) Noise. Will the proposal increase existing noise •levels?, .• YES MA E NO c Explanation: .`r -a ` " 7-e"ev12C /Z.441z a 4f• d cog."'" /2.4re- ee)�1 • • (7) Light and Glare. Will the proposal produce new light or glare? ' V! MAYBE • l}-- Explanation: • (8) Land Use. Will the proposal result in the alteration of the ' present or planned land use of an area? YET— MAYBEP?C. Explanation: (9) Natural Resources. Will the proposal result in: } I(a) ; Increase in the rate of use of any natural resources? YES MAYBE NO . (b) Depletion of any nonrenewable natural resource? 'ES MAYBE NQ, Explanation: ( 10) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but; not limited to, oil , pesticides, chemicals or radiation) in the event of an accident or upset conditions? YES MMM 0 Explanation: • (11 ) Population. Will the proposal alter the location. distri- bution, density, or growth rate of the human population 2 • of an area? V- WEE A. Explanation: I , • -5- (12) Housing. Will the proposal affect existing housing, or• ' create a demand for additional housing? YES MAYBE N Explanation: • (13) Transportation/Circulation. Will ' the proposal result in: ' (a) Generation of additional vehicular movement? � • . YES RATUE NO (b) Effects on existing parking facilities, or demand for new parking? YES Fan NO (c) Impact upon existing transportation systems? x . • Yam- MAYBE Nb (d) Alterations to present patterns of circulation or movement of people and/or goods? ' VT' MAYBE N ' (e) Alterations to waterborne; rail or air traffic?, I , 1V5 ran N ^ ' i (f) Increase in traffic hazards, to motor, vehicles;' bicyclists or pedestrians? . • . , , .. '' ; . - �E S M74�s'E N a. Explanation: Add • Ie,&51r! e t. ' �Q 4-1 /.4)4L Re-St,'Z-/- ) • .S L c c.ti 7---AI AV Di r°10 i O 7"4. , e"-'rI-Fcc, (14) 1 Public Services. Will ' the proposal have'an effect upon, or ' H . result in a need for new' or altered governmental services in any of the following areas : (a) Fire protection? ' • ,. VET- MAYBE 0 (b) Police protection? • • YES BE NO (c) Schools? ' YES WEE :1K- . (d) Parks or other recreational facilities? YES RPM- (e) Maintenance of public facilities, including roads? YES MAYBE NO (f) Other governmental services? 1 S MAYBE 0 Explanation: I (15) Enlergy. Will the proposal result in: . (a) Use of substantial amounts of fuel or energy? VES Urn X-P-- (b) Demand upon existing sources of energy, or require � the development of new sources of energy? v� m / \ O . I Explanation: • • (16) Utilities. Will the proposal result in a need for new ' systems, or alterations .to the following utilities: . (al), Power or natural'gas�, ,!,. y• k ' • Vt M7YBB E NO (b) Communications systems? WS— RITE' NO (c1) Water? V . , YES MAYBE NO . . . l lIl -6- (d) Sewer or septic tanks? . YES MAYBE NO (e) Storm water drainage? VET MAYBE NO (f) Solid waste and disposal? YES MAYBE Explanation: • • (17) Human Health. Will the proposal result in the creation of any health hazard or potential health hazard (excluding mental health)? 'MAYBE ic- Explanation: ' • (18) i Aesthetics. Will the proposal result in the obstruction of . • . . any scenic vista or view open to the public,' or will the . proposal result in the creation of an aesthetically offensive . XL site open to public view? ' . . - ' YES ',MAYBE ' Explanation: • • • (19) ; Recreation. Will the proposal result in' an impact upon the • - quality or quantity of existing recreational opportunities? YES MA BE N Explanation: (20) Archeological/Historical . Will the proposal result in an alteration of a significant archeological or historical site, structure, object or building? YES MAYBE ?0(.‘ Explanation: III . SIGI ATURE ' I „ the undersigned, state that to the best of my knowledge the above information is true' and complete. It is understood that the lead agency may withdraw any decla- ration of non-significance that it might issue in reliance upon this checklist should ther1e be any willful misrepresentation or willful lack of full disclosure on my part. Proponent: .. i s gned --q3,...r._,____& name printe ®L .X;2 A‘.;?' City of Renton Planning Department 5-76 • 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 JULY 26 , 1977 , AT 9 : 00 A. M. TO CONSIDER THE FOLLOWING PETITIONS : 1 . DEVELOPMENT COORDINATORS , INC. , TIFFANY PARK DIVISION NO. 3 ; PRELIMINARY PLAT APPROVAL FOR 125 LOT SINGLE FAMILY RESIDENCE SUBDIVISION ; file No . PP-059- 77 ; property located 1/2 mile east of east end of Puget Dr.��S . E . , just north of Seattle ' s Cedar River Pipeline right-of-way . 2 . CLYDE W. DOWNING/BRUNO J . NICOLI , APPLICATION FOR FOUR LOT SHORT PLAT APPROVAL ; APPLICATION FOR EXCEPTION TO SUBDIVISION ORDINANCE ; AND APPLICATION FOR WAIVER OF OFF-SITE IMPROVEMENTS ; Files No . 056-77 , E-057-77 , and W-058-77 ; property located approximately 77 feet south of No . 40th St . between Park Ave. No. and Meadow Ave. No . 3. ERNEST J . LOBE , APPLICATION FOR FOUR LOT SHORT PLAT APPROVAL AND APPLICATION FOR WAIVER OF OFF-SITE IMPROVEMENTS ; Files No . 054-77 and W-055-77 ; property located in the vicinity of 2709 Talbot Rd. So . Legal descriptions of 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 JULY 26 , 1977 AT 9 : 00 A . M. TO EXPRESS THEIR OPINIONS . PUBLISHED July 15 , 1977 GORDON Y . ERICKSEN 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 , 19 on the ,,,ye. day of 52„,,, � r / SIGNED 592 1 of R�, J „ ®. o THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 2 mil. o O °r' CHARLES J. DELAURENTI , MAYOR • PLANNING DEPARTMENT �A co• p � 235 2553 gTfO SEP10.0 MEMORANDUM 4 October 5 , 1977 TO : Dick Houghton , Engineering Supervisor FROM: Michael Smith , Associate Planner RE : CLYDE DOWNING SHORT PLAT I talked today with Wayne Chastain regarding the apparent discrepancies in the subject survey. I. told him that you had reviewed the situation and to call you to work out a solution . I said that the survey would have to be corrected to the satisfaction of the Engineering Division prior to filing and that any problems that may exist should be corrected as soon as possible . MLS :wr 11 14. 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 1st day of August. — , 19 77 , 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. Subscribed and sworn this / day of 1927 Nota y Public in and for the State of Washington, residing at Renton Application, Petition or Case: Downing/Nicoli, Short Plat No. 056-77 E-057-77, W-058-77 (The mLnute6 contain a ti6t oti the pa/Lau os necakd) July 29, 1977 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION, APPLICANT: Clyde W. Downing/Bruno J. Nicoli FILE NO. Short Plat No. 056-77 E-057-77 W-058-77 LOCATION: Located approximately 100 feet south of North 40th Street between Park Avenue North and Meadow Avenue North. SUMMARY OF REQUEST: Applicant requests approval of four-lot short plat, together with approval of exception for two pipe stem lots and waiver of the off-site improvements requirements (curb, gutter, and sidewalk) of the Renton Subdivision Ordinance. SUMMARY OF Planning Department: Approval with conditions. RECOMMENDATION: Hearing Examiner: Approval with conditions. PLANNING DEPARTMENT The Planning Department staff report was received by the REPORT: Examiner on July 20, 1977. 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 July 26, 1977 at 1:30 p.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 applicants 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 Mr. Smith submitted verbal revisions to the exhibits which included changing the term "tract" on the short plat map to "lot," requiring approval by the King County Assessor's office, and submitting entire short plat to King County for filing to preclude further confusion regarding lot lines of the property. He indicated that no further subdivision of the property would be allowed in the future unless application is made through a major plat process and would be required to include provision of a 50-foot street along the south property line for proper access. In addition, he stated that the Utilities Division would require a 15-foot easement along the south property line to provide for future utilities. The Examiner asked for clarification regarding northern property line designations on the assessor's map, and asked if the property had been surveyed originally. Mr. Smith reported that the map shows the original miscalculated property line with a 14-foot encroachment designated by a dashed line. He stated that the encroachment did not create violations of setbacks on the proposed four parcels since all existing houses maintain 10 to 20-foot sideyards. The Examiner inquired about the exception request for a reduction in pipestem width to Lot "C" and supplemental requirements in relationship to sideyards on Lot "D. " He noted that pipestem requirements indicate a minimum width of 20 feet and suggested that a variance for width reduction be requested from the Board of Adjustment. Discussion ensued with Mr. Smith regarding the authority responsible for approval of such a variance in compliance with the code. The Examiner indicated that he would request clarification from the City Attorney on the matter. The Examiner asked the applicants if they concurred in Exhibit #1. Responding was: rr 401 Short Plat No. 056-77 Page Two E-057-77 W-058-77 Clyde W. Downing 31424 W. Lake Morton Drive Kent, Washington 98031 Mr. Downing indicated his concurrence. Also responding was: Mrs. J. Lissman 3930 Park Avenue North • Renton, WA 98055 Mrs. Lissman reported that she is the sister of the applicant, Mr. Nicoli, and indicated his concurrence in Exhibit #1. She requested a reduction of the pipestem width on her property,. Lot "B", from 25 feet to 20 feet to accommodate future construction of a carport. Mr. Smith indicated that since the pipestem was situated in the major portion of the lot, the construction of the carport would not affect the width requirement. The Examiner asked for further testimony in support or opposition to the request. Responding was: Paul Kullama 1417 N. 40th Street Renton, WA 98055 Mr. Kullama briefly reviewed the history of development in the area, indicating that miscalculation of lot lines was inadvertent owing to location of an existing line fence at the time of development. The Examiner asked the applicants if they would agree to participate in a future LID in the area. Mr. Downing stated that he was agreeable, although as a builder he would construct the homes for sale purposes and did not intend to reside in the area. Mrs. Lissman indicated her willingness to participate in a future LID on an equitable basis. The Examiner asked the applicants if they were aware of the recommendation for a 15- foot easement along the southern portion of the property for future utility provisions. Mrs. Lissman indicated that the portion on her lot had already been deeded and Mr. Downing indicated his concurrence. The Examiner asked for further comments. There were none. The Examiner asked Mr. Smith for additions, corrections or modifications to Exhibit #1. Mr. Smith reported that the department would accept approval of an exception to reduce the pipestem width to 15 feet if the Examiner so recommended. The Examiner indicated that he would contact the City Attorney in regards to the responsible authority to make a determination in the matter. The Examiner asked for further comments. Since there were none, the hearing on Item #Short Plat No. 056-77, E-057-77 and W-058-77 was closed by the Examiner at 2:15 p.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 four-lot short plat, exception to allow pipestem lots, and waiver of the required off-site improvements of curb, gutter and sidewalk. 2. The Planning Department report accurately sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter, (is uncontested) , and is hereby attached as Exhibit #1 and incorporated in this report by reference as set forth in full herein. 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. , the proposal was determined to be exempt from the threshold determination 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 and no adverse comment was expressed. 5. There was no opposition to the proposal expressed. 41111 Short Plat No. 056-77 Page Three E-057-77 W-058-77. 6. All existing utilities are available and in close proximity. 7. The proposal is, compatible with the required setbacks, minimum lot area and minimum lot dimensions of Sections 4-706 and R-729 of the Code, with the exception of the existing residence on Tract D which is 4 to 4.5 feet from the proposed pipestem. The required side yard setback is 5 feet. 8. The south property line of .Tracts.0 and D has been surveyed arid marked. The distance-from property line and the existing residence on Tract D is between 24 and 24.5 feet. A minimum distance of 25 feet is required by the Sections 4-706 (5 foot side yard setback) and 9-1108.F(d) (20 foot minimum width of pipestems) . 9. Curbs, gutters and sidewalks do not exist along Park Avenue N. or Meadow Avenue N. nor have final grades been established. Both applicants agreed to participate in an LID for improvement of these streets. 10. The City Attorney's office has advised the Planning Department that the proposal is an acceptable means of clarifying the uncertain previous history of division of the property. 11. Section 9-1108.F(d) specifies that pipestem lots may be approved as an exception to the Subdivision Ordinance requirements. A minimum pipestem width of 20 feet is stipulated in this section; however, Section 9-1109 (Exceptions) specifies that exceptions may be made ". . .from the requirements of this ordinance, when. . . undue hardship may be created as a result of strict compliance with the provisions of this ordinance. " Originally the applicant applied for only an exception to allow pipestem lots. It was not until just prior to the public hearing that a survey was made of the property which revealed the need for an exception to allow slightly less than the minimum 20 foot pipestem width. 12. Approximately the north 14 feet of the site appear to belong to the properties to the north through adverse possession. This causes no violation of required setbacks, lot area or lot width. 13. The applicant representing Tracts A and B requested in the hearing that the 25-foot wide pipestem serving Tract B be reduced to 20 feet, which conforms to Section 9-1108.F(d) . 14. A 15-foot utility easement along the south property line of the site was requested by the Utilities Division. Both applicants expressed agreement to granting this easement and the owner of Tract B indicated that she had already granted this easement. 15. The required certification and approval forms have not been included on the short plat drawing, Exhibit No. 3. 16. Sections 9-1105.6.B. and 9-1109.1 contain the requirements for granting a Waiver of Off-Site Improvements. Staff recommended indefinite deferral of the improvements per Section 9-1108.21. No testimony was entered to indicate that the final grades for Park Avenue N. or Meadow Avenue N. were being established or would be established within two years to permit installation of the improvements. 17. The site will accommodate a maximum of four lots. CONCLUSIONS: 1. The proposed Short Plat is a reasonable request which meets the goals and policies of the Comprehensive Plan Land Use Report and the intent of zoning and subdivision requirements. 2. Sufficient flexibility exists in the Subdivision Ordinance, Section 9-1109 (Exceptions) to preclude the need for a variance from the 5-foot side yard setback for Tract D. In order to accomplish this, an exception must be granted to reduce the pipestem width of Tract C to 19 or 19.5 feet from the 20 foot minimum requirement. The circumstances involved in this proposal are much that ". . .undue hardship may be created as a result of strict compliance with the provisions of this Ordinance." (9-1109.1) . A variance application and hearing by the Board of Adjustment would cause delay of the short plat. Strict application of the Ordinance would potentially prohibit separating Tracts C and D, which ". . .would deprive the applicant of the reasonable. . .development of his land. " (9-1109.1.A) . No testimony was given that Short Plat No. 056-77 Page Four E-057-77 W-058-77 other pipestem lots exist in the near vicinity, however, other properties have been subdivided into lots of smaller size than contained within the proposal. It seems reasonable, for the applicant to subdivide his property into smaller lots as well (9-1109.1.B) . Granting of the exception ". . .will not be detrimental to the public welfare or injurious to other property in the vicinity. " (9-1109.1.C. ) . No opposition to the proposal was expressed or any indications given of any such injury occurring. 3. The proposed pipestem lots are a reasonable exception to the Subdivision Ordinance (9-1108•.23: (d) ) . Undue hardship would be produced upon the applicants if the exception were not granted since division of the property could not otherwise occur in view of the loss of 14 feet of the north portion of the site. (9-1109.1) . Otherwise, the applicants would be deprived of ". . .the reasonable. . .development of (their) land" (9-1109.1.A.) and would be denied the use of their property similar to that ". . .enjoyed by other properties in the vicinity. . ." (9-1109.1.B.) . The proposal will not be ". . .detrimental to the public welfare or injurious to other property in the vicinity" (9-1109.1.C.) . 4. Upon comparison, it appears that the criteria for a Waiver (9-1105.6.B and 9-1109.1) are more applicable to this proposal than the criteria for a Deferment (9-1108.21) . Since utilities exist on the property, only curb, gutter and sidewalk improvements are at issue. Section 9-1108.21.B. stipulates that a deferral is for only a maximum of two years, after which the improvements must be installed. However, in the past deferments for an indefinite period have been granted pending formation of an LID. Section 9-1105.6.B. provides that a waiver must be justified,among other criteria, by the ". . .absence of such improvements located within a reasonable distance and/ or the conditions outlined in Section '9-1109.1.A. " Clearly no curbs, gutters or sidewalks exist in 'the vicinity, and these improvements would very likely be of low priority for future construction for at least two years and very probably more. Construction of these improvements would create an ". . .undue hardship. . ." upon the applicant if it had to occur in two years or without the economies associated with an LID. It is reasonable to assume that curbs, gutters and sidewalks will be constructed in the future through an LID. Justification has not been presented to substantiate not ever making such improvements in the future adjacent to the proposal. On the contrary, the applicant has agreed to participate in an LID. Therefore, it seems reasonable to approve the waiver subject to future participation in an LID. The improvements should not be waived completely. RECOMMENDATION: Based upon the record, testimony, and foregoing findings and conclusions, it is recommended: 1. Approval of the short plat provided: a. Term "tract" be changed to "parcel" or "lot; " b. Placement of certification and approval forms on the plat drawing; c. Dedication of 15-foot utility easement along the south property line; d. Correction of north portion of the property to reflect reduction by 14 feet per Exhibit #3; e. No further subdivision of the property within five years without filing a final plat; and f. Preservation of as many existing trees as possible. 2. Approval of the exception to grant two pipestem lots provided: a. Tract B pipestem width to be 20 feet wide; and b. Tract C pipestem to be as wide as possible, but at least 19 feet, while providing a 5-foot side yard setback for the existing house on Tract D as determined by the Planning Department. 3. Approval of the waiver of off-site improvements until such time as an LID is formed whereby the applicants will contribute their fair shares on an equitable basis per applicable laws with other property owners in the area. 4. Subject to compliance with all other applicable requirements of the Subdivision Ordinance and zoning regulations. F Short Plat No. 056-77 Page Five E-057-77 W-058-77 5. Planning Department review and approval of incorporation of the aforementioned into a revised drawing of the short plat. ORDERED THIS 29th day of July, 1977. / / . .•is :eeler Land Use Hearing Examiner TRANSMITTED THIS 29th day of July, 1977 by Affidavit of Mailing to the parties of record: Clyde W. Downing Mrs. J. Lissman Paul Kullama TRANSMITTED THIS 29th day of July, 1977 to the following: Mayor Charles J. Delaurenti Council President George J. Perry Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division Gerard M. Shellan, City Attorney Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before August 12, 1977. 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. 410 411 pF R j, c ai z THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 O� wish • CHARLES J. DELAURENTI , MAYOR 0 PLANNING DEPARTMENT �Q- 235—2550 04)4TFD SEPIE? July 29 , 1977 • Peter J. Hatton 4849 - 116th Avenue S.E. Bellevue, Washington 98006 • RE: CLYDE DOWNING/BRUNO . NICOLI ' S SHORT PLAT, EXCEPTION, AND WAIVER APPLICATIONS Dear Mr. Hatton: Unfortunately we received your letter dated July 21, 1977 regarding the Downing/Nicoli Short Plat application on July 27 , which was the day after the public hearing. Although we cannot enter your letter into the public hearing record, we feel that your concerns were properly covered in this department' s staff report to the Hearing Examiner. We did indicate in our report and at the hearing that if a full twenty .foot wide pipestem is allowed, the resulting setback from your house would be approxi- mately four feet. Because of this situation, and the need for a full five foot. side yard for your house as required by ordinance, the Planning Department recommended that an exception to allow reduction in the pipestem width be granted. If the Hearing Examiner concurs in the staff report and grants • such an exception a minimum five foot side yard as required by ordinance will be created along the south side of your house, resulting in a pipestem width of approximately nineteen feet. We hope that this addresses your concerns regarding the possible four foot side yard mentioned in your letter. The Hearing Examiner will be sending you a copy of his decision within the next two weeks. Very truly yours , Gordon Y. Ericksen Planning Director • i • Michael L. Smith Associate Planner MLS-:ms cc : Land Use Hearing Examiner Clyde Downing Bruno Nicoli r1 PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING JULY 26 , 1977 APPLICANT : CLYDE W. DOWNING/BRUNO J. NICOLI FILE NO. : SHORT PLAT NO . 056-77 ; EXCEPTION TO SUBDIVISION ORDINANCE , FILE NO . E-057-77 ; AND WAIVER OF OFF-SITE IMPROVEMENTS , FILE NO. W-058-77 A. SUMMARY OF REQUEST: Applicant requests approval of four-lot short plat, together with approval of exception for two pipestem lots and waiver of the off-site improvements requirements (curb , gutter , and sidewalk ) of the Renton Subdivision Ordinance . B. GENERAL INFORMATION : 1 . Owner of Record : C . W. DOWNING/BRUNO J . NICOLI 2 . Applicant : C . W. DOWNING/BRUNO J . NICOLI 3 . Location : Located approximately 100 feet south of North 40th Street between Park Avenue North and Meadow Avenue North . • 4 . Legal Description : A detailed legal description is available on file in the Renton Planning Department. 5 . Size of Property : Approximately 1 . 2 acres . 6 . Access : Via Park Avenue North and Meadow Avenue North . 7 . Existing Zoning : G-7200 , General Classification District , Single Family Residence . 8. Existing Zoning G-7200 , General Classification District , in the Area : Single Family Residence . 9 . Comprehensive Single Family Residential Land Use Plan : 10 . Notification : The applicant was notified in writing of the hearing date . Notice was properly published in the Record Chronicle and posted in three places on or near the' site as required by City ordinances . Notice was also given to surrounding property owners . C. PURPOSE OF REQUEST: To firmly establish lot boundary and to allow construction of one additional single family residence on the subject site . D. HISTORY/BACKGROUND: Th = subject site. was annexed to, the City on July 6 , 1967 , ,. by Ordilnance , No . 239,1 . The site had been owned entirely by Mr'i Nicoli ' s fla , ily ' fort many years . A three lot short pla,t, was submitted in May 19 3hHowever, final approval is uncertain , !and the plat was never • f,o ' mally oiled with King County. Mr. Downing recently bought she e'alsterly 300 , feet of: the subject site and discovered conflicts in the lot dine configurations He also wished to bOld two houses o , the easterly 3100 ; feet and , therefore, requ'ejsted short platting forlthe e�n'tire ; property to' c1larify the uncertain existing situation' II j j PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JUNE 28, 1977 PAGE TWO RE : CLYDE W. DOWNING/BRUNO J . NICOLI SHORT PLAT APPLICATION 056-77 , EXCEPTION TO SUBDIVISION APPLICATION E-057-77 , AND WAIVER OF OFF-SITE IMPROVEMENTS APPLICATION W-058-77 E. PHYSICAL BACKGROUND: 1 . Topography : The site is relatively level . 2 . Soils : Indianola ( InC ) , Loamy Fine Sand. Permeability is rapid . Runoff is slow to medium, and erosion hazard is slight to moderate . The soil is used for timber and urban development . 3 . Vegetation : The site consists of vegetation introduced to the site by man , together with scrub grass and scattered deciduous and fruit trees . 4 . Wildlife : Existing vegetaion on the site provides suitable habitat for birds and small mammals . 5 . Water : Surface water is not apparent on the subject site . 6 . Land Use : There are three existing single family residences on the subject site , located on proposed tracts A , B and D. Pro- posed Parcel C is undeveloped . There are existing single family homes located adjacent to the northerly property line and existing single family residences located adjacent to the south property line and across both Meadow and Park Avenue . F. NEIGHBORHOOD CHARACTERISTICS : The area consists primarily of single family residential uses . G. PUBLIC SERVICES : 1 . Water and Sewer: An existing 6 inch water main is located along Meadow Avenue North . There are existing 6 inch sewer along Park Avenue North and 3 inch sewer along Meadow Avenue North . Storm sewers are not available in the area . 2 . Fire Protection : Provided by the Renton Fire Department as per ordinance requirements . Any future development will be subject to City of Renton standards . ( See memo from the Renton Fire Department . ) 3 . Transit : Transit Route 240 operates along Lake Washington Boulevard approximately 1/4 mile west of the subject site . 4 . Schools : The site is located within the Renton School District . 5. Parks : The subject site is within 1/2 mile of proposed May Creek , 1/2 mile of Kennydale Beach Park , and within 2 miles of Lake Washington Beach Park. H. APPLICABLE SECTIONS OF THE ZONING CODE: 1 . ' 4-706 , R- 1 , Residence Single Family . 2 .; 4-7291, G , General Classification District. I . APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR! OTHER OFFICIAL CITY DOCUMENTS: 1 . Subdivision Regulations , Section 9- 1105 , ;Plat Requirements . for Short Subdivisions and Section 9- 1109 , !Ex'ceptions . ! 2 . Land UseiReport , 1965 , page 11 , Residenti1al . PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JUNE 28, 1977 PAGE THREE RE : CLYDE W. DOWNING/BRUNO J . NICOLI SHORT PLAT APPLICATION 056-77 , EXCEPTION TO SUBDIVISION APPLICATION E-057-77 , AND WAIVER OF OFF-SITE IMPROVEMENTS APPLICATION W-058-77 3 . Policy Statement , Comprehensive Plan , Renton Urban Area , 1965 , page 4 , The Neighborhood . J . IMPACTS ON NATURAL SYSTEMS : The addition of one single family residence to the subject site as the result of the approval of the short plat will not significantly impact natural systems . K. SOCIAL IMPACTS : Minimal . L. ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION : Pursuant to the City of Renton Environmental Ordinance and the State Environmental Policy Act of 1971 , as amended , RCW 43 . 21C , the subject proposal is exempt from the threshold determination and EIS require- ments of SEPA . 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 Utilities Division 4 . City of Renton Fire Department 0, PLANNING DEPARTMENT ANALYSIS : 1 . The Comprehensive Land Use Plan indicates the subject site as suit- able for single family residential purposes . 2 . The proposed lots exceed the minimum lot size (7200 square feet) of the G-7200 zoning district in which the subject property is located . Tract A = 7950 sq . ft. , Tract B = 18 , 600 sq . ft . , Tract C = 13 , 950 sq . ft . , and Tract D = 10 , 950 sq . ft . 3. The property was the subject of a three-lot short plat application in May 1973 . However , the plat was never formally approved and filed with King County. The Assistant City Attorney has indicated that the subject replat would legally be acceptable in this instance so as to clarify the situation and establish , through formal filing with King County , the actual lot configurations for the property which has been a problem for many years . 4 . When the applicant had the property surveyed , it was discovered that the existing fence and portions of the rear yards of the existing houses to the north were approximately 14 feet into the subject site . This condition has existed for many years . The ! ! applicant ' s attorney has advised hLim to consider the fence line as the berth property line, thereby, losing the northely 14 feet ,tlhrough adverse possession and crating ' lot widths of193 feet a!s ,opposed 'to 107 feet . However, !Ole resulting lot sizes and dimensions 'still would exceed the minimum ordinance requirments . 5 . ! T ere are existing houses on Tracts A and ' B , a house under con- ' i structipn on Tract D ; and if the, short plat is approved , one: additional house will be constructed on Tract C. ' iil i I 'I 4110 41) PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JUNE 28 , 1977 PAGE FOUR. RE : CLYDE W . DOWNING/BRUNO J . NICOLI SHORT PLAT APPLICATION 056-77 , EXCEPTION TO SUBDIVISION APPLICATION E-057-77 , AND WAIVER OF OFF-SITE IMPROVEMENTS APPLICATION W-058-77 6 . A pipestem 25 feet in width and 117 feet in length is proposed on the westerly portion of the subject site serving as access to Tract B and the existing house . A pipestemiq.2t( feet in width is proposed extending from Meadow Avenue No . to Tract C serving as a,s access to Tract C . The minimum pipestem width required by ordinance is 20 feet . This will provide a minimum 5 foot side yard for the existing house as required by the Zoning Ordinance . 7 . The pipestem lots are proposed because of the limited traffic created by one house ( for each pipestem) , the proposed low density of the subdivisi.on ( 4 lots ) , the close proximity of the existing residences on the property adjacent to the south , and the narrowness of the subject site . These factors create physical and economic hardships for development of a full width street per ordinance requirements . 8 . Any further subdivision of the property within 5 years will require a major plat application and the construction of a standard dedicated public street , as per state law and the Renton subdivision regulations . 9 . Suitable utilities are available on the subject site . However , no off-site improvements exist along either Park Avenue North or Meadow Avenue North in the general vicinity of the subject site . Final design grades have not been established on either street . 10 . Several significant deciduous trees exist on the subject site . These should be preserved as much as possible . P. PLANNING DEPARTMENT RECOMMENDATION : Recommend approval of the proposed four-lot short plat with the pipestem lots as proposed subject to the following conditions : 1 . Provision of a minimum 10 foot wide paved driveway to Tract C at the time of construction of the proposed residence , as per the subdivision regulations . 2 . Preservation of as many large deciduous trees on the subject site as possible . No significant deciduous trees shall be removed without approval of the Planning Department . The Planning Department further recommends the denial of the waiver of the off-site improvements (curb , gutter , and sidewalk ) and instead recommends an indefinite deferral of these improvements until an LID or other City initiated action is formed for installation of such improvements in the general area . This is subject to the signing and filing of restrictive covenants running with the land in which the applicants agree to install such improvements as stated above . 1 i l 1 , 1 ' it • ,,—,,,,,,...",..clill-orra"-- . . . __. , ____, — — r n{` '-m F--- : / . , ' Jf ,,,,,,/ 7 , . . ,,• , \., /, / pppp I 4 �• 2l / Y / J /1 / 1as . 182 1 u / 6 d. y ..,'t 146 I { / i ,_r,� 4-,l /I / / f�� by ,�11 B ., . is L9 5. -- • l Il / /7/ 1 + ' r \ p ' e\ u ,w7 150 .49 . i � 1 N J I , : i/ . 141-10C-r" ,it I ,1 ti z , . ,. , / ' , w I i1 ....„ \ I digIi (p ,-../ , GAP 1 0, S Z 5 w b 11 5 7 z- 7 0 1' fir; �,'�'J I l.�, / ' 10! ji ;f_ -- . - - � // '' Ik 9 // 1 _J.\ 10 9 _ 1 _ I l 7 '\. . e, --j ——- --— o ' • • , . 12 - ! �' /' r Pi . .02 1v II -• I! _ ,/ 4 • _- _— w G 5 1 / `a] �I' � 101 1i5 � I I��" 8 Y� — ST \ �—_ r / a • — — -1 1 z I 1. r 1 a /1, ,�} 92 %i Qv yy ao i -I>10-= _ _ _ 98 o e a O. / ,i l� 74ti 1 97 x ,• w v — -8' 10 9 / 78 95 L I C2 __ 3 bT�57 i!-\,-,,,-,is--:' an 1,!,I"1"�r yioli . l,.l„11n11 _�Z 69 ` u, I ----_ -I I ^, ? �11 I.1.1,1.111e •4o1,�„� I �.,nl.e, 11 22 2 d, 70 m > 1 1 777111 I BSI f 1 11[MIT i, 0 Ck, r�' v x6 ' F 79 �'- JlJ{ 1` 4'.:e.j. ' MI IN nth if v w 1 ,-- --. 2� 29 !� I 7 In 60 o A // ' '�� ' i�111 {I11. � Iti�, ,� :41I1 ,� � / i364 '1I1IIi.r 1!, I I II I I 1 I 1 J 1.1 n Dx ] • i/ I �' +;, I I I I. 1 I t-rI 1 1 1 ' e �� I II 3 s 14 I ' I i;I I !i ' • d l SHORT PLAT - WAIVER OF OFF-SITE IMPROVEMENTS - EXCEPTION TO SUBDIVISION ORDINANCE: CLYDE W. DOWNING/BRUNO J. NICOLI, Files No. 056-77, E-057-77, and W-058-77; • property located approximately 77 feet south of No. 40th Street between Park Avenue North and Meadow Avenue North. APPLICANT CLYDE W. DOWNING/BRUNO J. NICOLI TOTAL AREA ±1.2 acres PRINCIPAL ACCESS Park Avenue North . EXIS-IING ZONING G-7200 EXIS'TING ' USE Undeveloped/Single Family Residential Single FamilyResildential I, PROPOSED USE g1 ,,, 1 1 .I COMPREHENSIIVE LAND USE PLAN Single Family , I 1 COMMENTS I 1 i' ,1 1 r. 1' j1I : ' I 1 I Ii 1 . 1 1 1 ! 1 1 I1 1 1 :xe na w.x n.�.-r♦..n '., n._i..er _nww x ..w an. uy 1 1 . s /d �'Sr dy iye4°i \I --, , y' ,,,,, / / 1,-4/2:, i , +" i� fir D' - ,'" ° ,.R 1 i lit,PD (5 , i' , . IV ,' i `-���`-�',�. 7 it ' 3 1 - li,„. '1d G .'. `. a� 1i 1dI e I �� '..� 1, d d. .i' � i 7 1 /../ i A f. I -,t?,,,,,,.,,,,,/ / 1 ,s, k , , ,.. 7, , ,.. 1 / L---7 , 1 , I �� v �® / / a 0 o w,® // / A 1 / ow e:21 :®/i5 / / 1 �1O »,� 1 ®� /0 ea / 1 e' .*n s a .,_ a 1 N. ` ®�i'>� r" ��. `4.--r L 1 "' %i M 9 :, pad a oi`� ® . . A4i9 a o[amzt ao1 p .,___�LL.r__ I. it r �.•� � ��\ �` g '�^ _ _ q ka � �` :� '' ae!V took 44 i ', ;oil B�®B {�9�® irn, %® r ' �--- o r' I t i t INC s I £epla CAOAt,A94: r) cel) ,' "a t ;gin A VA z 1 1 ci- E71 0 , Fri ' OF '''. I c4 0 I ED : ri2 1, 1 1:3 Ri ,, . i t a a g I 6 e a '_. :DID L 1 1 :rn a __._ t t 1, C641 /1 goo I I ' Pi'.p 51 m17 411111 • MEMO RA NDU • • TO MIKE SMITH DATE 7-20-77 FROM FIRE DEPARTMENT • SUBJECT SHORT PLAT FOR CLYDE W. DOWNING/BRUNO J. NICOLI AN APPROVED WATER SUPPLY •CAPABLE OF SUPPLYING REQUIRED FIRE FLOW FOR FIRE PROTECTION, SHALL BE PROVIDED TO ALL PREMISES UPON WHICH BUILDINGS OR PORTION OF BUILDINGS ARE HEREAFTER CONSTRUCTED. THIS INCLUDES ACCESS FOR EMERGENCY EQUIPMENT. IT IS AGREEABLE TO WAVE OFF SITE IMPROVEMENTS AT THIS TIME PROVIDED AN• AGREEMENT IS REACHED TO HAVE SUCH IMPROVEMENTS PROVIDED PREVIOUS TO ANY CONSTRUCTION. SINCERELY, • / / E.V. WOOTON JR. r FIRE INSPECTOR / EVW/DA INTEROFFICE CORRESPONDENCE Date July 19, 1977 TO: Mike Smith • FROM: Don Monaghan • SUBJECT: Short Plat for Clyde Downing • In response to your memo of July 13, 1977, a review of the short plat and associated actions has been completed and the following are my comments: Waiver of Off Site Improvements: It is agreeable to waiver,off site improvements provided an agreement has- been reached which was a covenant on the land whereby the property owner would not oppose an LID or would install i mprovements,when directed to do so by the Public Works Director. Plat: 1 . Set all property corners 2. Legal description of each lot 3. Area of each lot 4. Vicinity map Exemption to Subdivision Ordinance: If exemption granted, pipe stem is to remain in private ownership. DM:pmp 1111 41 PUBLIC WORKS DEPARTMENT BUILDING DIVISION 235 - 2 540 - MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 92055 ‘Z• O c„‘t, •SEP. — CHARLES DELAURENTI MAYOR July 15, 1977 / / \ • • • • ME:•!ORANDU24 TO: Planning Department A s FROM: Jim Hanson SUBJECT: Downing - Nicoli Short Plat • - • The following questions should be resolved prior to platting. 1. Does the state law on platting only allow a short plat every five years? If so, i believe this property was short platted-o.about three years ago. 2. Can the north 14' be claimed by adjacent property owners by adverse possession? • / OCH/ch / / • 7". / / . • t:::::::::::.i_k.7.:-....,7;!:,•:-. .r.7.• .-. .? -'--',•'!',, .6;;� _ :,. ..ate,5�, ,.r-^r--r�?—,•� -�.. ,.,,., . clyde w. downing/builder ` ' -. : ,- .�, L ,.:r `,,.,-: �iiv_x%'�rt Tt`•- `r -..t.11•.w�£i_2,, 1:A •ems' _ 31424 west lake morton drive / kent, wa 98031 - - _- _ -;_,;,-;;�_. telephone: office: 631-7294 • residence: 631-9484 "�r . -G-� ' custom built homes July 11 , 1977 I am the owner of the East 300 ' of lot 106 , CD Hillmans Lake Washington Garden of Eden #1 , I purchased this property in the early part of 197Z I applied for a short plat to obtain 2 building sites on this property which supposedly measured 104 ' X 300.' . I made application to the City of Renton for a short plat but this was rejected because the whole of lot 106 had already been short platted in May of 1973 , into a 3 lot short plat. Subsequently I obtained a building permit for one house on the whole portion that I had purchased. This home was located on the portion of lot 106 facing Meadow Avenue. • However , after talking with the planning staff I decided to refile a new 4 lot short plat application , which I did in June of 1977. After discussing this . application with the planning staff , I had Townsend Chastain Associates survey the property. The survey reveals that the property owners on lot 107 to the North of my property have fences that aKe encroaching 14 ' onto my property . After discussion with my attorney and the title company it seems they have adverse possession and I have lost 14 ' of property. Consequently where I was to place a pipe stem to the rear of my property over the Southerly 20 ' and still have a 15 ' side yard to the house that I have built , it seems I now would have a 3 ' sideyard. Therefore I am asking the City of Renton Planning Department to grant me an exception to the short plat rules and allow me to have a 15 ' pipe stem. This will be the last house that will be built on lot 1106 and your approval of this request will make a much more desirable situation for all converned . •I thank you for your kind attention . ; Sincere lye /%,�. 0.- , \,,;[� � \ Clyde W. Downing Builders , Inc. 11 Clyde W. Downing , President .c� so‘- 1 1.g11 i 'RECEIVED z! CITY .OF RENTON a, "" w HEARING EXAMINER �4.., F�` JUL 211977 ,/NG i- AM PM • ` 1819110,111121112,3e4;516 41 W INTERDEPARTMENTAL REVIEW REQUEST / TO : PUBLIC WORKS DIRECTOR 17 li BUILDING DIVISION I, ENGINEERING DIVISION TRAFFIC ENGINEERING DIVISION '/ UTILITIES DIVISION FIRE DEPARTMENT • HEALTH DEPARTMENT FROM : -PLANNING DEPARTMENT /tfr t4 /t( g Contact Person RE : et - iw in s tclru0-0I e�.� + " r11 OLA (,0�,v ear- / - Please review the attached information regarding the subject proposal and return it to the Planning Department by ---44_2_17 . ' with your written recommendation . Your response will be included as part of the staff report to the Hearing Examiner. Thank you , PLANNING DEPARTMENT 77(.:7 .. . . ,,,-/„C. ' --,4ete-/- Date ` /3 )?. MEMORANDUM TO , MIKE SMITH DATE 7-20-77 FROM FIRE DEPARTMENT SUBJECT SHORT PLAT FOR CLYDE W. DOWNING/BRUNO J. NICOLI AN APPROVED WATER SUPPLY CAPABLE OF SUPPLYING REQUIRED FIRE FLOW FOR FIRE PROTECTION, SHALL BE PROVIDED TO ALL PREMISES UPON WHICH BUILDINGS OR PORTION OF BUILDINGS ARE HEREAFTER CONSTRUCTED. THIS INCLUDES ACCESS FOR EMERGENCY EQUIPMENT. IT IS AGREEABLE TO WAVE OFF SITE IMPROVEMENTS AT THIS TIME PROVIDED AN AGREEMENT IS REACHED TO HAVE SUCH IMPROVEMENTS PROVIDED PREVIOUS TO ANY CONSTRUCTION. SINCERELY, • ' C E.V. WOOTON JR. FIRE INSPECTOR • EVW/DA T INTEROFFICE CORRESPONDENCE Date July 19, 1977 TO: Mike Smith FROM: Don Monaghan SUBJECT: Short Plat for Clyde Downing In response to your memo of!July 13, 1977, a review of the short plat and associated actions has been completed and the following are my comments: Waiver of Off Site Improvements: It is agreeable to waiver off site improvements provided an agreement has been reached which was a covenant on the land whereby the property owner would not oppose an LID or would install improvements when directed to do so by the Public Works Director. Plat: 1 . Set all property. corners 2. Legal description of each lot 3. Area of each lot 4. Vicinity map Exemption to Subdivision Ordinance: If exemption granted, pipe stem is to remain in private ownership. DM:pmp 2./•%- 4111 pF R• 41 PUBLIC WORKS DEPARTMENT is >4- 2 o BUILDING DIVISION 235 -2540 • A • MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 A co. -4T fD S E P-C -- CHARLES J. DELAURENTI MAYOR July 15, 1977 1 ��n7 �'�• MEMORANDUM TO: Planning Department f/� -�`°\`/ *FROM: Jim Hanson • SUBJECT: Downing - Nicoli Short Plat The following questions should be resolved prior to platting. 1. Does the state law on platting only allow a short plat every five years? If so, I believe this property was short platted,,about three years ago. 2. Can the north 14' be claimed by adjacent property owners ' • by adverse possession? JCH/ch / 1 w `wv.--r-,Ai Is m`•• % .y.,fe 4 t':rr--:- __A-,,erY. y..c.W� y.-...�_ ,,,; jr � d y e w. downing/bu 4. _ - ,: 1. 31424 west lake morton drive / kent, wa 98031 - : , ' telephone:office: 631-7294 a residence: 631-9484 custom built homes y June 23 , 1977 Gordon Erickson 200 Mill Avenue S . Renton , Washington 98055 Dear Sir: This is a request for a variance from the short plat rules . Due to the extreme narrowness of the lot we do herby request a pipe stem plat so as to be able to utilize the interior portion of this lot. The legal description of the property is : The Easterly 395th feet of the 106 , C D Hillmans Lake Washington , Garden of Eden #2 . Thank you , i, Clyde W. Downing, Builders , Inc, Clyde W . Downing , President CWD/vl j 'r'/2.\ ..11\CIR L'i' ' .,) -------------- 4,;ii. 1,. i.- V •,I G 0 i # ,... , : <. ..w . =_____.__ _.— r- of :. _ .. _ I i 31424 west lake morton drive / kent, wa 98031 ' telephone office: 631-7294 - residence: 631-9484 4 custom built homes �� . June 20 , 1977 • Gordon Erickson 200 Mill Avenue S . Renton , Washington 98055 Dear Sir: Due to the absence of sidewalks and curbs , I am requesting a waiver for the street , sidewalk and curb requirements on the lot here in after described : The Easterly 395th feet of the 1o6, C D Hillmans Lake Washington , Garden of Eden #2 . Thank you , - Clyde W . Downing, Builders , Inc. Clyde W . Downing , President k. CWD/vlj RECfI - � � F ICD � JUL 5 1977 •- DEP�' :' CITY OF RENTON a54,, / /-'/4 - �// d SHORT PLAT PLAT APPLICATION! FILE NO . .W - MAJOR PLAT DATE REC D. 7 - /i y7 TENTATIVE APPLICATION FEE $ PRELIMINARY ENVIRONMENTAL REVIEW FEE $ FINAL RECEIPT NO . `n•_ =j S-2 SM NO . PUD NO . PPLICANT TO COMPLETE ITEMS 1 THROUGH 7 : . Plat Name & Location • . No . Lots . Total Acreage Zoning . Owner (.L0.4 / /-7 Phone Address -,'/ l 2/ .le'' . Underground Utilities : Yes No Not Installed Telephone ( ) ( ) ( ) Electric ( ) ( ) ( ) Street Lights ( X ) ( ) ( ) Natural Gas C 7 %i�f'�cti ( ) ( ) ( ) TV Cable 3-- ( • ) ( ) ( ) . Sanitation & Water: ( 'X- ) City Water ( X, ) Sanitary Sewers ( ) Water District No . ( ) Dry Sewers ( ) Septic Tanks . Vicinity and plat maps as required by Subdivision Ordinance. A'• . DATE REFERRED TO : ENGINEERING PARKS BUILDING HEALTH TRAFFIC ENG. STATE HIGHWAY FIRE COUNTY PLANNING BD. PUBLIC WORKS OTHER STAFF ACTION : TENTATIVE PLAT APPROVED DENIED APPEALED EXPIRED . LAND USE HEARING EXAMINER'S ACTION: SHORT PLAT APPROVED DENIED PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED . CITY COUNCIL ACTION: PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED ? . DEFERRED IMPROVEMENTS : DATE DATE BOND NO . AND TYPE GRANTED 'EXPIRES AMOUNT • Planning Dept . POT,. 1 /77 -� 5 I 1` AFFIDAVIT I , CLYDE W . downing , 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 'day oft , 1977 , Notary Public in and for the State of Washington, residing at s ii\_)C . 7 J (%Z (Name of Notary P blic) (Signature of Owner)/ , \4A,4 1 W 61-o.k, q 0.5 1 32 /24/-ej Z2L--) e)/zA?-6' ,2---% (Address) (Address) 1 f. - ' . /)&. )/ /(", -j 1 i (City) (State) (Telephone) (FOR OFFICE USE ONLY) ' CERTIFICATION This is to certifthhe foregoing application has been inspected by me and has been f n rrt j1 ' ' rough and complete in every particular and to conform to tifiNu It l r lations of the Renton Planning Department governing th it suc�, pplication . JUL 5 1977 Date Receive , 19 By: 4.: //1/G pEppR!/ Renton Planning Dept . AFFIDAVIT I , Bruno J, Nicoli , 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 a7 day of J.ku1/4.,2., , 19 . Notary Public in and for the State of Washington, residing at �-�,4/`.l . kg. . 3i, , a 7-7 x :,-,,,,„,„ . , , ,,---c.....c7-47_,- (Name of Notary Pub (Signature of Owner) \OA/4-i W° 1* * q X-03/ - (Address) (Address) (City) (State) (Telephone) (FOR OFFICE USE ONLY) CERTIFICATION This is to certify that_thin foregoing application has been' inspected by me and has been found t�f���}} t. h and complete in every particular and to conform to the rut 'Aatt'as1e a,, 'ons .of the Renton Planning Department governing the fill , o pErsi a ' cation . (c.) ..z. Date Received JUL 5 1977 , l By: �9 c 22 ,�c�` kQNG DE?p,C ' Renton Planning Dept . 111 � 0F THE CITY OF RENTON c, i} ,p? 2 _.e MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 emb O J '`_ .) CHARLES J. DELAURENTI ► MAYOR • PLANNING DEPARTMENT O ‹cQ' 235-2550 444TED SFPIV' April 26 , 1977 • Clyde W. Downing 31424 West Lake Morton Drive Kent, Washington 98031 Dear Mr. Downing: The Planning Department has received your request for a Short Plat of the easterly 300 feet of Tract 106 of C. D. Hillman' s Lake Washington Garden of Eden Division #2 . Our records indi- cate that a three-lot short plat (Application #W-.731-73) was approved on May 23, 1973. Two of these three lots fronted on Park Avenue North and the third lot consisted of the remaining easterly 395 feet of the tract. State law and City ordinance require that any short platted lot cannot be further short platted within five years. Therefore, any further subdivision of the subject property will require processing as a major plat pursuant to City Subdivision Regulations. We are also concerned about the 300 foot• lot dimension you indicate. As stated before, our records indicate the easterly 395 feet as the third lot of the legally short platted tract. At the present time one house can be built on this easterly 395 feet. Any further subdivision and development would require submittal of a Tentative Plat application as the first phase of a major plat process. The application fees submitted with the short plat can be applied to this process. Provision of suitable access will also be a concern within any future platting of the subject property. If you have any further questions, please do not hesitate to contact this department. Very truly yours, - Gordon Y. Ericksen Plan ing Director • • ichael L. Smith ssociate Planner MLS :ms cc : B. I. Nicoli 3404 Burnett Avenue North Renton, Washington 98055 : _•. - clyde w. downing/builder s� _ iii • 31424 west lake morton drive / kent, wa 98031 -- -- :. telephone:office:631-7294 • residence: 631-9484 ~1-4 custom built homes of /2-cay,t) ,)7_s :Tht 8- /47 (7) 4.49102ezdA) SS O/ r~ / ` /hie)/ 1 s c,'rd40 i2ep 12/y � ttfc1,.e/a 4xba— ,i s® its 7Lo _s-/D I,j' /A.,s �jztr� 7l i�?lo 2 /74 �e' /s ; 7-A' ��s�E��j - ' b /o/ /O , D 66.4.sJiti 6/y/2- 6.---,cf 7Z-07._•,--,e) .2 ') z , y 0 0 G� REGF1�/EbR'J f o� APR 19 1977 2/NG DEP „cv CITY OF RENTON PLAT APPLICATION _/7- 77 /�' SHORT PLAT REj FILE NO MAJOR PLAT /"% RECF% O?j DATE R C 'D TENTATIVE FEE APR 19 1911 PRELIMINARY I•. RECEIPT NO. 1 A rw.w.w.ww.wwM FINAL � SM NO. `�NG �� PUD NO. APPLICANT TO COMPLETE ITEMS 1 THROUGH 7 : 1. Plat Name & Location ,47,rc oil� ya 1 2 . No. Lots „, Total Acreage 9 :7`' Zoning t --7Z ov 3. Owner , �),'(.� :';; "� �� �" I:t) u3 ®s/4, Phone � , i� Address,?A I �°. ,) i?i - .4. Z . , 4 . Engineer �,� S �jz�►l� Phone Address //E-1P* 5. Underground Utilities: Yes No Not Installed Telephone ' Electric ( DVS C,YEA9 Street Lights L_ Natural Gas _ TV Cable 6 . Sanitation & Water: / City Water (iy Sanitary Sewers DWater District No. L=7 Dry Sewers L=7 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: SHORT PLAT APPROVED DENIED TENTATIVE PLAT APPEALED EXPIRED 0. PLANNING COMMISSION ACTION: PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 1 . CITY COUNCIL ACTION: PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 2 . DEFERRED IMPROVEMENTS: DATE DATE BOND NO. & TYPE GRANTED EXPIRES AMOUNT Planning Dept . Rev. 12/71 AFFIDAVIT • , 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 day of 444 , 1977 Notary Public in and for the State of • • Washington, residing at ke..44 C� o (Name of Notary P lic) (Signature of Owner) • • 1P84.%., 412. (Address) kL"`^� (Address • • City) ,State) • Telephone) (FOR OFFICE USE ONLY) • CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to •conform to the rules and regulations - e Renton Planning Department governing the filing of such appl ' tygo4p. RECFIV • o Date Received �Z9 y: • • APR 19 1977 i � Renton Planning Dept . Ni, a_� AFFIDAVIT I , &yel/L----- ICJ ��u9i�irl being dulysworn, declare that I am the owner of the propert 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 AIthis 'LO day of , 1977 , Notary Public in and for the State of Washington, residing at jitte;t4„cuL___ (Name of Notary Pu ic) (S gnature of Owner l 8a. . . . L• 3/ 4)ie�1 � . i' '��1"��Z (Address) 98i31 (Address) City) (State) d3/ — 22- (Telephone) (FOR OFFICE USE ONLY) • CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations Renton Planning Department governing the filing of such applon��N� RECEIVED 2 Date Received y APR 19.1977 .cv/ Renton Planning Dept . .. , • Li - .-. -I J 411.. \ 1 ' *'•• ABILIN ' - - ' .. .. , ::::::•, ar /// .daam,12a ) . .u. _ ‘1.. / - I , . %/ It - - - +---1 • i 9 1 • ' 2 1 ' 4 1 ( '\ / // ' III1 . ,i1 , , ci rovst-AkLy 4eLs'-' Y-1: 6 ! .. L1M-.• — I - • / \ 1 V 1 ., , I • I 1 . .4_ INIIIIIMII 07 • IIM ,, on . - 7, ,/, 117 • / ' ' ... I .241 .0! M.11 II luz ,, A fil , / .Alp= 9119111211101:m , :WIZ ' / milMialegftm•1■11,I,I.•111M,1 • si , AIIIIIMPIRAMV: 921 / !- rm. 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Fam. Res. 7200 SR-2 Two Fam. Res. 10000 SECTION SR-1 Sing. Fam. Res. 7500 R-3 Mulit-Fam. Res. 5000 G Sing. Fam. Res. 35000 R-4 Multi-Fam. Res. 5000 G-6000 Sing. Fam. Res. 6000 ' P-1 Public Use 1 1 ' G-7200 Sing. Fam. Res. 7200 B-1 Business 1 G-8400 Sing. Fam. Res. 8400 BP Business Parking PAGE I G-9600 Sing. Fam. Res. 9600 L-1 Light Industry GS-1 Sing. Fam. Res. 35000 H-1 Heavy Industry S-1 Sing. Fam. Res. 40000 T Trailer Park 3 (la— ___ 11 clyde w. downing/builder - = _ ! ��= '° 31424 west lake morton drive / kent, wa 98031 telephone:office:631-7294 • residence:631-9484 - custom built homes "4:s �� RECFIUEDP2,1-/0/1)/A)6 r �� ,, APR 19 1977 elii? ® .---.e)%e) `1 ,e5 i G 74/ �s Alt/2e sg-/2E- /�F119 T� / /1/2 J,► __ uJOu Z o 4- /t°G/Z , - 2��v/2 r e 2), 1111 S CITY OF RENTON, WASHINGTON ENVIRONMENTAL CHECKLIST FORM RECFNED �2 APR 19 1977 FOR OFFICE USE ONLY '< Z • Application No. 9yN�N P' G Environmental Checklist No. t� A-21 77 DEW PROPOSED, date: FINAL, date: Declaration of Significance ['Declaration of Significance Declaration of Non-Significance Declaration of Non-Significance COMMENTS: Introduction The State Environmental Policy Act of 1971, Chapter 43.21C, RCW, requires all state and local governmental agencies to consider environmental values both for their own actions and when licensing private proposals. The Act also requires that an EIS be prepared for all major actions significantly affecting the quality of the environment. The purpose of this checklist is to help the agencies involved determine whether or not a proposal is such a major action. Please answer the following questions as completely as you can with the information presently available to you. Where explanations of your answers are required, or where you believe an explanation would be helpful to government decision makers, include your explanation in the space provided, or use additional pages if necessary. You should include references to any reports or studies of which you are aware and which are rele- vant to the answers you provide. Complete answers to these questions now will help all agencies involved with your proposal to undertake the required environmental review with- out unnecessary delay. The following questions apply to your total proposal , not just to the license for which you are currently applying or the proposal for which approval is sought. Your answers should include the impacts which will be caused by your proposal when it is completed, even though completion may not occur until sometime in the future. This will allow. all of the agencies which will be involved to complete their environmental review now, with- out duplicating paperwork in the future. NOTE: This is a standard form being used by all state and local agencies in the State of Washington for various types of proposals. Many of the questions may not apply to your proposal . If a question does not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM • I . BACKGROUND J , . 1! Name of Proponent 23,-.• �ef eDL/' """`�' C2 yd� eC/ Au91 al; . 2. Address and phone umber of Proponeit: a-4)7 e L-� - . /y 2-l2e) ' ,A10. - , i 2 APO 3. Date Checklist submitted -�— 9 7 7 4. Agency requiring Checklist , j'ah/ %L,4N^!6y5r o f 5. Name of proposal , if applicable: 6. Nature and brief description of the proposal (including but not limited to its size, general design elements, and other factors that will give an accurate understanding of its scope and nature) : 14),/v?dC_. Plee. 4 /S y ) » / 2 p -2- . • 7. Location of proposal (describe the physical setting of the proposal , as well as the extent of the land area affected, by any environmental impacts , including any other information needed to give an accurate understanding of the environ- mental setting of the proposal ) : E-.lsr?tt y Jess", off,! L 0,7" /DG ca D. AticL ~V; LiAge _ _ ,.1t' _ _ . _ - . O. ! Mir •I'd iP 70 F 7' .tig cot iN' VvL. // 1' 4 eve Arc. iv Corgr Cad-siyri. 8. Estimated date for completion of the proposal : iA e, 4..d .S 71- , 7? . 9. List of all permits, licenses or government approvals required for the proposal (federal , state and local --including rezones) : . / u' rL" �' -�t4a r) 10. Do you have any plans for future additions , expansion, or' further activity related to or connected with this proposal? If yes, explain: 3. 11. Do you know of any plans by others which may affect the• propertycovered by your proposal? If yes, explain: t :. 12. Attach any other application form that has. been completed regarding the:pro ' posal ; if none has been completed, but is expected to be filed at some future date, describe the nature of ,such application'• form: '. • II . ENVIRONMENTAL IMPACTS • - (Explanations of all "yes" and "maybe" answers are required) • (1) Earth. Will the proposal result in: (a) Unstable earth conditions or in changes in geologic substructures? TM MAYBE (b) Disruptions , displacements, compaction or over- covering of the soil? YES MAYBE NO (c) Change in topography or ground surface relief i features? YES MAYBE N ` (d) The destruction, covering or modification of any unique geologic or physical features? • YE- MAYBE N (e) Any increase in wind or water erosion of soils, either on or off the site? YET— M BE N (f) Changes .in deposition or erosion of 'beach sands. or '„/ ''•'''' changes in'siltation, deposition or erosion 'which.' '.:;{•''".;, • • may modify the channel of a river or stream or` the.''_;,' .'- ' 1 bed of the ocean or any bay. inlet or lake? , Explanation 1!—` MAYBE N"0 W . • -3- • (2) Air. Will the proposal result in: , (a) Air emissions or deterioration of ambient air ' ' • quality? YES MA B NO (b) The creation of objectionable odors? • .YES MAYBE (c) Alteration of air movement, moisture or temperature, • or any change in climate, either locally or regionally? YES MAYBE Explanation: (3) Water. Will the proposal result in: (a) Changes in currents, or the course of direction of ' water movements, in either marine or fresh waters? •'.• , - YES M (b) Changes in absorption 'rates, drainage patterns, o.r, ',,;., ,,,, , , the rate and amount of surface water runoff? ,' ` ` • - ' YEB Mir (ci) Alterations' to• thorse or''flow of flood waters?.;; . "`' ' 6 . YES RITENam" (d) Change in the amount of surface water in any water .`` • • body? }( • • YES MAYBE NO` (e) Discharge into surface waters, •'o'r 'in any alteration" , '•:; --. surface water'quality, including but not limited. to ^,; . ',.• temperature, dissolved oxygen or turbidity?' C ' • ' , VET— MAYS j (f) Alter'ation of, the direction or rate of flow of ground waters? , YES IRTTFC (g) Change in the quantity of ground waters , either • through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? • YES A�B NO • (h) Deterioration in ground water quality, either through . , direct injection, or through the seepage of leachate, phosphates, detergents, waterborne virus or bacteria, or other substances into the ground waters? 3(7 YES MAYBENO (i ) Reduction in the amount of water otherwise available for public water supplies? YES MAYBE IYBC-' Explanation: (4) Flora. Will the proposal result in: . (a) Change in the diversity of species, or numbers of any species of flora (including trees, shrubs , grass, crops , microflora and aquatic plants)? YES MAYBE kg; • (b) Reduction of the numbers of any unique, rare or endangered species of flora? '• YES" MAYBE 0 (c) Introduction of new species of flora into an 'area, or; . in' a barrier to the: normal replenishment of, existing - ' species? . • '"YES MAYBE (d) Reduction in acreage of any agricultural crop? '• . � • , : YES M NO— . • Explanation: .:' . -4- . (5) Fauna. Will the proposal result in: (a) Changes in the diversity of species, or numbers of . , any species of fauna (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)? ' YES MAYBE NO (b) Reduction of the numbers of any unique, rare or endangered species of fauna? • YES . ,,MAYBE ROB, (c) , Introduction of new species of fauna into an area, or result in a barrier to the migration or movement • of fauna? ?ES MAYBE 0 (d) Deterioration to existing fish or wildlife habitat? YET MAYBE Explanation: (6) Noise. Will the proposal increase existing noise levels? '---:• ' ":" ": YES .MAYBE ' NO 1 • Explanation: c i "e4-S AL:- -e d1,00/7..,.1}-e2 t ly • d ay (7) 'Light and Glare. Will the proposal produce new light or .., ,glare? ` ' 's YES MAYBE ileF7' Explanation: (8) Land Use. Will the proposal result in the alteration of the ,`,: present or planned land use of an area? .WS ' MAYBE 0 Explanation: • (9) Natural Resources. Will the proposal result in: , • (a) ; Increase in the rate of use of any natural resources? ' ' YES MAYBE NO` (b) Depletion of any nonrenewable natural resource? YES MATTE Explanation: (10) Risk of Upset. Does the proposal involve a risk of an ' explosion or the release of hazardous substances ' (including; .+ but not' limited to. oil , pesticides , chemicals or radiation). ' , in the event of an accident or upset conditions? ,,. , . - VES M B ' "0 , • • • Explanation: ' • :. (11) Population. Will the proposal alter the location, distri bution, density, or growth' rate of the human population ', • ;? - • of an area? ' YES RATITE ' . , Explanation: _�� • -5- (12) Housing. Will the proposal affect existing housing, or create a demand for additional housing? YES MAYBE N Explanation: • • (13) Transportation/Circulation. Will the proposal result in: ' (a) Generation of additional vehicular movement? YES- M YBE NO (b) Effects on existing parking facilities, or demand for new parking? TS RAW E NO (c) Impact upon existing transportation systems? MAYBE NO (d) Alterations to present patterns of circulation or movement of people and/or goods? y��". MBE .iirc- (e) Alterations to waterborne', 'rail or air traffic? NI; M VBE (f) Increase in traffic hazards to motor vehicles, , bicyclists or pedestrians? I • - • - ': �E�. MAYBE N0 • • Explanation: ` Q " ' ' ' e'-0 °2.1 Re-setL. )h SL,tG.tit e3t OD, 7 &14 c 1), ,,„ &'/6 Role oal, tee;7-/eAr&n--- , . • (14), Public Services. Will the proposal have an effect upon, •or _ result in a need for new or altered governmental services in any of the following areas: (a) Fire protection? • • VET— MAYBE 0 (b) Police protection? • YES MAYBE NO (c) Schools? • YES RAW • (d) Parks or other recreational facilities? x YES RATITE (e) Maintenance of public facilities , including roads? ' YES MAYBE NO (f) Other governmental services? VET— M 0 Explanation: (15) Energy. Will the proposal result in: : (a) Use of substantial amounts of fuel or energy? 1S - MITE (b) Demand upon existing sources of energy, or require the development of new sources of energy? Yrr- AA YE O • Explanation: • (16) Ut1lities. Will the proposal result in a need for new • systems, or alterations to the following utilities: (a) Power or natural gas? • VW" Mow,. N (b) Communications systems? • YES 'MATTE NO , (c) ; Water? " YES MAYBE NO • f - • • • ,...... ..., , . , e.:fi r-- :,,,• - , 1 ,,--- .-- •,• .. i . i . . ...... Y : . . • ' -6- (d) . . • . . • . . • . • , • . . . . Sewer or septic tanks? .: . . . . . • . . . . . . . • .. . '. • • • •••• F-•:. ' YES ' MAYBE. NO . , . . • • ' V (e) Storm water drainage? • .. . ., : • TET-- ' MAYBE ta*".• 4 (f) Solid waste and disposal? . •., . . . „ . YES , MAYBE .. . . .. ,. . Explanation: . . . , . . •. . , .. . . , . . ..„ . • . . • • . ,. . . .. . • •. . . . - .• . . .. . • • • . , . . , • . (17) Human Health. Will the proposal result in the creation of . • any health hazard or potential health hazard (excluding .•: ', : . " . ... , •: ' • mental health)? . . . . . . . : • "•.• ..VT - .NANITE.• . . . , . . , • . Explanation: • .• .. • '' ' ". . •• . . . . • . , , . . . . . , . . . ' „ . . ., . • . (18) Aesthetics. Will 'the iii.oposaY,i.esult- in the'robstrUCtion',-of .',..-- ,-..,::',.,,:.: :..,' any scenic vista or view open to the public, or will the .J,-,;:•'''7.:::':-.'-', ',/,,,':•i':.'.' '::: .: ' .-.• . . proposal result in the creation of an aesthetically offensive: .:,;. :::".,li„ ..-1 :':. ..:. „•• site open to public view? , . ,, ,, , : . .: ,. - . • . . ,.; :. . -,'-'--'' ' '-,,.• '-'',- ' VT MAYBE - . . • . Explanation: • ' , • ' - ' .. . .-' . . . . • . •. . . , . . . . . . ' ,, .'.',,,.. :_.- . --;-',,-„,,:"*,',... 1 .:-,i,,,-,,,.-Hi.,•,' 'i'' ..,' ' d'''':':''' ' .:. , , •. . , • . . _ , - . :• 1 . . . • ' • • (19) Recreation. Will the proposal result in. an impact upon 'the ', quality or quantity of existing recreational opportunities? ' -: -, 'Yes. • ' • •, VET':' MITE N . . Explanation: • ' . . . . . • , . • . .• . • . . .. , (20) Archeological/Historical . Will the proposal result in an:. ' 1 . alteration of a significant archeological or' historical' ..,'•'H '2 ' ::''..H. '. . ' P , site, structure, object or building? . . , . ' - ' --',." -MAYBE 0 • • Explanation: • . . . . . . . . , . . . . . , . . • . . ' . III. SIGNATURE . • • . . - . ' . . , , , . • ". . _ • . . . . . I , .the' undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any decla- ration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack, of,full ,disclosure on my part. . . Pifoporient:, ,. .,, 5 gned .. , ::-.. , : ' • . . . . . . .. . ... - .. . . . . • . ' A/460Z.________ . .. . . -- , , ..... ., , . . .. . . name printe • .., ' _ •„: -: - ., . . . . , . , . . ., . . . . ..,•,,,, . . .. . ,. . , . . . . . • • • •, • . . . . . .. . • • , ,... . ...-• ;••, -•,--,!`,''[. ,: ',F. ••, -•-- r;.,;•:'•'.. • ..., . . . • , . , . ,, . , . . .. . . . . • . • . . , . . . . . , . . . . .. . .. .., . , . . . . . .. . . , i .. . - ,., •. . .. . ' 1. i . • . . . City of Renton ' ' _ ' • ' . . Planning Department . . '. . . • 5-76 . . . • . • . , . . , . . . • . , . . . • . ,. . . . . . . , . . . • . . _ .. . . 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 JULY 26 _ , 1977 , AT 9 : 00 A. M. TO CONSIDER THE FOLLOWING PETITIONS : 1 . DEVELOPMENT COORDINATORS , INC. , TIFFANY PARK DIVISION NO. 3 ; PRELIMINARY PLAT APPROVAL FOR 125 LOT SINGLE FAMILY RESIDENCE SUBDIVISION ; file No . PP-059- 77 ; property located 1/2 mile east of east end of Puget just north of Seattle ' s Cedar River Pipeline right-of-way . 2 . CLYDE W . DOWNING/BRUNO J . NICOLI , APPLICATION FOR FOUR LOT SHORT PLAT APPROVAL ; APPLICATION FOR EXCEPTION TO SUBDIVISION ORDINANCE ; AND APPLICATION FOR WAIVER OF OFF-SITE IMPROVEMENTS ; Files No . 056-77 , E-057-77 , and W-058-77 ; property located approximately 77 feet south of No . 40th St . between Park Ave. No . and Meadow Ave . No . 3. ERNEST J . LOBE , APPLICATION FOR FOUR LOT SHORT PLAT APPROVAL AND APPLICATION FOR WAIVER OF OFF-SITE IMPROVEMENTS ; Files No . 054-77 and W-055-77 ; property located in the vicinity of 2709 Talbot Rd. So . Legal descriptions of applications noted above on file in the Renton Planning Department. i•• ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON JULY 26 , 1977 AT 9 : 00 A . M. TO EXPRESS THEIR OPINIONS . GORDON Y . ERICKSEN PUBLISHED July 15 , 1977 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 re day of *-6__ 19 77 • SIGNED G� ENDING OF FILE Fig nrLE 134-t (la/ Q5( 77