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HomeMy WebLinkAboutCurwood Ltr & Decision � Denis Law Mayor � City Clerk-Jason A.Seth,CMC November 15, 2017 Mr. Robert Curwood 17240 116th Avenue SE Renton, WA 98058 Re: Hearing Examiner's Decision Code Case No: CODE-17-000253 Dear Mr. Curwood: I have attached the Hearing Examiner's Decision dated November 15, 2017, in the above referenced matter. If you have any questions or concerns, please feel free to contact me. Sincerely, Jason A. Seth, CMC City Clerk cc: Hearing Examiner Craig Burnell, Building Official Donna Locher, Code Compliance Inspector Tim Lawless, Code Compliance Inspector , Robert Shuey, Code Compliance Inspector Alex Tuttle,Assistant City Attorney Chip Vincent, CED Administrator Angie Mathias, Long Range Planning Manager Sandra Pedersen, Finance 1055 South Grady Way, Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov BEFORE THE HEARING EXAMINER OF RENTON DECISION FILE NUMBER: CODE-17-000253 SITE OF VIOLATION: 17240 116�Ave. SE Renton, WA 98058 PROPERTY OWNER: Robert Curwood 17240 116TH Ave. SE Renton, WA 98058 REVIEW AUTHORITY: City of Renton TYPE OF CASE: Finding of Violation, RMC 4-5-130(B)(4) — Outdoor Storage Violations DISPOSITION: Appeal Sustained, no violation found. No fines due from the property owner. INTRODUCTION Mr. Curwood has been charged with violating RMC 4-5-130(B)(4) for outdoor storage violations associated with an on-going garage sale. The appeal is sustained and no violation is found. Mr. Curwood's property is zoned R6. RMC 4-5-130(B)(4) does not apply to properties zoned R6. TESTIMONY Tim Lawless, Renton Code Enforcement Officer, summarized the violations. In response to examiner questions, Mr. Lawless noted that the items depicted in the Ex. 5 photographs that constitute illegal outdoor storage include a barbecue, lamp fixtures, chester drawers, and cabinet fixtures in the front yard of the property. Mr. Curwood noted that the only item that remains for any length of time in his front yard is a lamp, used for curb appeal. The other items depicted in the photograph were part of a yard sale held that day and were subsequently put away. Items are not maintained in the yard long-term. Mr. Curwood also donates various items to charities and neighbors in need. In response to questions from Mr. Curwood, Mr. Lawless noted that outdoor storage encompasses outdoor storage used for recurring yard sales even if no single item remains on the property for long Code Enforcement Decision -- 1 periods of time. Mr. Curwood noted that he doesn't use his front yard for storage. He brings items home, fixes them up and then tries to sell them. Mr. Curwood stated he had spoken to Ms. Locher, code compliance officer, about what he had to do and was advised he just needed to move his lamps and clean up debris. He was also advised he was allowed outdoor storage of up to 400 square feet and was not advised this space was limited to the back yard. Mr. Lawless noted he had no knowledge of what Ms. Locher had advised Mr. Curwood. Mr. Curwood noted that the lamps on his front yard are just for curb appeal. The neighborhood complaints are all from the same condominium complex. In response to examiner yuestions, Mr. Curwood noted that he has yard sales in the summer every second to third weekend. In response to questions from Mr. Lawless, Mr. Curwood responded that he brings items to his home, fixes them and then sells them. He also refurbishes computers and gives some to people in need. EXHIBITS 1. Scheduling letter dated August 9, 2017. 2. Finding of Violation July 10, 2017 with request for appeal 3. Warning of Violation dated June 1, 2017 4. Warning of Violation Second Notice dated June 26, 2017 5. Four 8x 11 photographs of property 6. Code Compliance Narrative 7. Code compliance complaint logs of neighbor complaints FINDINGS OF FACT 1. Violation Site. The violation site is a single-family residence located at 17240 116TH Ave. SE, Renton, WA 98058. The property is owned by Robert Curwood, who resides at the violation site. 2. Findin�of Violation. A Finding of Violation ("FOV") dated July 10, 2017 was mailed to Mr. Curwood on July 10, 2017. The FOV alleges violations of RMC 4-5-130(B)(4) for outdoor storage. 3. Outdoor Stora�e. Photographs of the violation site taken on June 26, 2017 and July 6, 2017, Ex. 5, show several items stored in the front yard of the violation site, including a barbecue, chester drawers and cabinet fixtures. These are items stored in the front yard as part of on-going yard sales conducted at the violation site at least every second or third weekend during Code Enforcement Decision --2 the summer months of the year. The storage has drawn numerous complaints from neighboring property owners. See Ex. 7. 4. Locher Statements. At the hearing Mr. Curwood asserted that Donna Locher, a code compliance officer, had advised him he could store he could have outdoor storage of up to 200 square feet and that he was not advised that this storage area had to be limited to his backyard and could not be in the front yard. Mr. Locher was not present during the hearing and Mr. Lawless was not in a position to confirm or deny whether Ms. Locher had lead Mr. Curwood to believe he could store items in his front yard. However, Mr. Curwood was mailed two warnings of violation, both of which clearly identified that outdoor storage was prohibited in the front yard and that storage was limited to 200 square feet in the back of the residence. The first Warning of Violation was mailed on June 1, 2017 and the second was mailed on June 26, 2017. 5. Hearin�. A hearing on the subject appeal was held on October 17, 2017. CONCLUSIONS OF LAW 1. Authoritv of Examiner: The Hearing Examiner has the authority and jurisdiction to review code violation as provided in RMC 1-3-2. 2. Zonin�. The property is zoned R-6. 3. Code Violations: The Finding of Violation of this case (Exhibit 2) is based upon the violation of RMC 4-5-130(B)(4). The applicable criteria are quoted below in italics with accompanying Conclusions of Law that apply those criteria to the Findings of Fact made above. RMC 4-5-130(B)(4): Section 308 is deleted in its entirety and replaced with a new Section 308 Residential Outdoor Storage, which shall read as follows: 308 Residential Outdoor Storage: 308.1 Purpose: The purpose of this section is to define and regulate the outdoor storage of materials on residential property while maintaining the character and use intended for single family residential neighborhoods. For purposes of this section, residentially zoned property is any property zoned RC, R1, R4 or R8. 308.2 Aliowed residential outdoor storage:For RC and R 1 zoned properties, a maximum of 400 square feet of area may be used for outdoor storage. For R4 and R8 zoned properties, a maximum of two hundred(200)square feet of area may be used for outdoor storage. 308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially zoned property in the following areas: Front yards Side yards Slopes greater than 15% Designated open spaces or restricted areas Critical areas, including wetland, streams and associated buffer areas 308.4 Emergency access: Outdoor storage areas shall not prevent emergency access to the residential structure or any other building. 308.5 Business re/ated storage: Materials stored outdoors on residentiaily zoned properties shall not be owned by or used in any business or industry including a home occupation business. Code Enforcement Decision --3 308.6 Height limitations: Materials stored outdoors on residentially zoned properties shall be neatly stacked and not exceed a height of six feet(6'). Tarps may not be utilized for screening outdoor storage. 308.7 Firewood:Firewood must be split, neatly stacked, and intended for use on the premises on which it is stored. Tarps may be used to protect firewood. 308.8 Membrane structures: Membrane structures are considered outdoor storage, and subject to the location restrictions in section 308.3. Such structures shall not exceed two hundred(200) square feet in area. Membrane structures shall be immediately removed or repaired in the event of disrepair or in the event of damage caused by weather, fire, collision, accident or other forms of damage. Tarps and makeshift covers are prohibited for this use. 308.9 Prohibited materials: Shipping containers and other similar storage units do not qualify as accessory buildings on residentially zoned properties, and are prohibited. Hazardous materials are a/so prohibited for outdoor storage on residentially zoned properties. (Ord. 5710, 4-14-2014) 4. No Violation. .As identified in IPMC 308.1 above, the outdoor storage requirements apply only to properties zoned RC, R1, R4 or R8. The subject property is zoned R6. It appears that the failure to include the R6 zone in RMC 4-5-130(B)(4) was an oversight. The R6 zone was adopted by the City of Renton in 2015, apparently after the adoption of RMC 4-5-130(B)(4) in 2014. Nonetheless, by its plain and express terms RMC 4-5-130(B)(4) only prohibits outdoor storage in "residentially zoned property", which IPMC 308.1 defines as properties zoned RC, Rl, R4orR8. DECISION The appeal is sustained. There is no violation of RMC 4-5-130(B)(4) because RMC 4-5- 130(B)(4) does not apply to properties zoned R6. Decision issued on the 15th day of November, 2017. �����.ec�L� Phil Olbrechts, Hearing Examiner Code Enforcement Decision --4 NOTICE OF RIGHT TO APPEAL Appeal to Superior Court. An appeal of the decision of the Hearing Examiner must be filed with Superior Court within twenty-one calendar days, as reyuired by the Land Use Petition Act, Chapter 36.70C RCW. Code Enforcement Decision-- 5