HomeMy WebLinkAboutLUA-06-135_Report 1January 8, 2007
ADMINISTRATIVE
REPORT
Renton City Council Minutes Page 5
who reported on the progress of the Black River restoration projects. She noted
that project funding included grants from King County matched by the City of
Renton with King Conservation District funds. The projects include: Black
River Channel native plant restoration, Black River buffer planting, Black River
Riparian Forest wildlife monitoring, free class and group presentations, free
school and group field trips through the forest, booths at open houses and
events, and participation in the King County Clean Stream Car Wash Program.
Ms. Yepez described the tasks accomplished during the two phases of the Black
River Channel Native Plant Restoration Project, which took place on the
downstream and upstream sides of the Black River Pump Station in the vicinity
of Monster Rd. SW. She praised the efforts of all the volunteers who assisted
with the restoration project, and listed BRW A's plans for the future: continue
restoration work and monitoring of wildlife at the Black River, continue
participation in the Clean Stream Program, continue classroom education and
community outreach, and expand the school field trip program.
Chief Administrative Officer Covington reviewed a written administrative
report summarizing the City's recent progress towards goals and work programs
adopted as part of its business plan for 2007 and beyond. Items noted included:
* Missoula Children's Theatre is bringing Rumplestiltskin to Carco Theatre.
Rehearsals will be January 9 through 12, with performances on January 13.
* The City will host a workshop on January 17 for those interested in learning
more about the 2007 Neighborhood Grant Program.
* An informational workshop and community open house on the Renton
Airport Master Plan Update is scheduled for January 16.
Fire: Wind Storm (12/14/2006) Fire Chief Daniels reported on the City's response to the wind storm that
occurred on 121 I 4/2006, which produced wind gusts of 60 mph and sustained
winds of 40 mph. I le stated that approximately 265 calls for service were
received on December 14 and 15, which is five times more than normal. Chief
Daniels reported that the Emergency Operations Center was activated at 6 p.m.
on December 14. He further reported that the City sustained damage in the
estimated amount of $240,000, and one fatality occurred due to carbon
monoxide poisoning (as a result of the related power outage).
AUDIENCE COMMENT
Citizen Comment: Petersen -
Colee Fence Height Variance
(,I,.-( "?..l_\ \..l•:'. Vl? '
Chief Daniels staled that the shelter at the Highlands Neighborhood Center
opened on December 16 and remained in place for eight days. He noted that the
shelter operation was handled primary by the City, and at its peak, the shelter
accommodated 74 people. Pointing out that a review will be conducted of the
City's response to the storm, he emphasized that the City did a good job.
Councilmemher Palmer commended City stall's handling of the wind storm
response.
Inez Petersen, PO Box 1295, Renton, 98057, expressed concern on behalf of
Jeff Colee (330 Park Ave. N.), who must remove an over-height fence he
erected to keep cats out of his backyard so his wheelchair does not come into
contact their feces. Stating that Mr. Colee's unique situation distinguishes him
from others, she pointed out that the ADA (Americans with Disabilities Act)
requires cities to modify their zoning to accommodate the disabled.
Responding to Councilmember Clawson's comment regarding the appeal
process, Ms. Petersen indicated that the variance appeal period has expired as
well as the ADA grievance time window. Mayor Keolker indicated that the
matter will be reviewed.
From:
To:
Date:
Subject:
Inez Somerville Petersen <webgirl@seanet.com>
Citizens to Council <Council@ci.renton.wa.us>
1/8/2007 5:08:00 PM
Letter from Jeff Colee
Attached is a letter Jeff Colee has asked me to deliver to the Council
tonight at the meeting.
CC: Terry Persson <tpersson@comcast.net>
··~Clm~
!-Y-t?7
.7, /Je /t'ISe'/1
Date:
To:
From:
Request:
Ref:
Background
Jan 08, 2007
City Council by way of Inez Petersen
Jeff Colee
Request for Zoning Change (not a Variance) to
RMC 4-4-040D1(b)
LUA06-135, Colee Fence Height Variation (copy attached)
Page I ofl7
Prior to May 2006, I had been contacted by the Renton Zoning Department regarding
zoning non compliance regarding my 8-foot cyclone side fence. I was told that I had to
remove this fence and replace it with a 6-foot fence as required by Code. This was then
followed by a written "Order to Correct" dated May 02, 2006, which required me to
remove my fence by June 02, 2006.
I immediately sent a handwritten response dated May 04, 2006, which was ignored,
and the "harassment" over my fence continued ( copies of the Order and my response
are attached).
On May 22, 2006, you will remember that I came before the Council to describe the
unhealthy situation where neighborhood cats came into my yard and used it for a litter
box. Because I am in a wheelchair, this then got on my wheels, then on my hands, and
then on my person.
• I could not afford to tear down and replace the fence which has been in place for
three (3) years and which is the same height as the Sartori School fence. I might
point out that the Zoning Department appears not to have a problem with the
school's fence, just mine.
• I also could not afford the $100 required to ASK for a Variance, hence, I came to
the City Council meeting on May 22, 2006.
You were very sympathetic to my situation, and this is the record from the City Council
minutes for that evening where Council President Randy Corman made a Motion to
refer my special situation to the ADMINISTRATION. This Motion was seconded by
Councilmember Denis Law and approved by a majority of the Councilmembers.
Citizen Comment: Cokt~ -
V.triam.-e !'.·ct.· Waiv1..~r Rc•~w.',I.
Fence lfcigb1
Jeff Cnlt';C. DO Par!-. /\ vc. N .. RcnhHi., 9~0.55, a...;M!tl rnr .1 w:rh,a of thi: S JOO h:w
Ltt apply for n variMo;;c fnr hi<.. cight.fc,oJ~high k1H.'c 1ha1 M::p:u,nc'> hic. ho11.'>C!
fwmhicS-M-ighbc,r·~ hou~. Pointing uul lh.:tt hi'i m·ig_ht:K1r ftX~d:,,, li:rnl ,~11~. ~tr.
Coke explained that he ~rct:l~d till' fence h.1 prl'\"Cfll lh..: feral -.·ab frmn u::.ing.
l,1_, propefl) a" a lillc-r l:x.n .. , ;.i:-, lli:-. whc~h.:hair ~·,_irnt..''> m dir..:-c! nmttct with lhc
wa~r .. :. lk irufo.:at.::J that olticr..:ight-foot-high h.:w.:1..':. i:xi:..L i11 hi!, ncigbboihuod.
and he hw, hc..:.n ,,-.,.·nrkJnt 1Ai1h :1nitnal c.:nntrnl 1,i rcg.ift.h to thL'. c1.1t',. Mr. Coke
repnrtcd that bl' ha:-rccdvcd :m unkr to correct from thi: City. and n:-,qucsh a
variancr foe w:1iver a~ tic is low•incom~ anti L'llnno1 afford Lhc fl'"c-.
MOVED BY CORM,\,. Sl:CONDED BY LAW. COUNCIi. RFFER nns
MAnER TO THE ADMl)ilSTKATlON. CAKRIED.
Page 2 of 17
On June 20, 2006, Gregg Zimmerman wrote a letter advising me that the Planning &
Development Committee would consider my fence height variance and waiver at their
meeting on July 20, 2006. Members of the ADMINISTRATION who received copies
included Mayor Koelker, Jay Covington, Neil Watts, Jennifer Henning, and Paul Baker.
Unbeknownst to me at the time, three days before the Planning & Development
Committee meeting, Gregg Zimmerman issued a MEMORANDUM dated July 17, 2006,
recommending denial of my Variance request. Mayor Koelker was a recipient, along
with Jay Covington and Planning & Development Committee members, including Terri
Briere and Dan Clawson. A copy of this MEMORANDUM is attached; and it is evident
that denial of my variance request was a "done deal" by July 17, 2006.
With only one month left to go in the six-month time window allowed to file a grievance
under the ADA, I received a letter from the City Clerk dated Oct 10, 2006, advising me
that the $100 fee had been waived. Since I didn't know about Gregg Zimmerman's
recommendation of July 17, 2006, I was still hopeful that common sense and
compassion would rule amongst Mayor Koelker and her staff and that my Variance
would be granted. Consequently, I did not file a grievance.
Decision of Mayor Koelker's staff
The next month on Nov 16, 2006, after six-month ADA grievance time window had
expired, the ADMINISTRATION officially denied my request for a Variance via LUA06-
135. A copy of this LUA is attached. Here is an important excerpt:
Page 3 of 5: "Granting of the variance could be injurious to the property in the
vicinity. The City of Renton development regulations that limit fence height do so
in order to create a uniform standard, allow for a measure of visual contact, and
avoid unsightly barricading off of properties. While allowing this one particular
fence to exceed the height restriction may not be detrimental to the pubic
welfare, it would set a precedence that could lead to higher fences in the area,
resulting in the injurious conditions the fence regulations are meant to inhibit. ..
Granting the variance, as explained above, would allow the applicant to do what
is not allowed of other neighbors in the vicinity and zone in which the subject
property is located."
Page 4 of 5: "Staff does not believe that an eight-foot high fence will accomplish
the desired purpose ... "
My comments on this: None of these slalements made by Mayor Koelker's staff
justify my getting animal feces on rne and the health problem that this creates.
My disability is what separates me from my neighbors, and this is why reasonable
accommodation in Zoning is required. I should be allowed by Law to do what other
neighbors in the vicinity are not allowed to do, because they are not wheel-chair bound
and I am. If they get cat feces on their shoes, they can easily wipe their shoes off.
Page 3 ofl7
But when I get cat feces on my wheels, it then gets on my hands and on my
person. And I must clean my wheel chair which isn't a fun job either.
My 8-foot fence had been solving the problem just fine for three years, so why not
now? And an 8-foot fence around the entire yard would solve the problem even better.
I doubt that the neighborhood would rise up en mass to request 8-foot fences because I
have one. Only those who are wheel-chair bound would have a justification for a higher
fence. But Mayor Koelker's ADMINISTRATION said NO.
And not only did Mayor Koelker's staff say NO, the City Attorney Larry Warren passed
the buck from them to the Council, absolving the mayor and her staff from any
responsibility to accommodate my special situation.
City Attorney's Comments
On Nov 22, 2006, I asked Inez Petersen to let the Council know what the Mayor
Koelker's Staff had done to me. This is an excerpt from the City Council Minutes for
that evening:
Continuing. Ms. Petersen inquired as to how Highlands Community
Association events such as the upcoming Christmas dance can be City-
sponsored. On another topic. Ms. Petersen stated that City staff did not grant
Jeff Colee a fence height variance. and he must remove the fence he erected to
keep cats out of his backyard. Noting that Mr. Colee is wheelchair-bound, she
pointed out that the ADA (Americans with Disabilities Act) requires cities to
modify their zoning to accommodate the disabled.
Stating that he read the staff decision. City Attorney Larry Warren explained
that staff has criteria on when a variance may be granted that has been
established by the Council. He indicated that the fence did not meet the
standards as established by City Code, and that the original reason for Mr.
Colee to build the over-height fence no longer exists. as the adjacent neighbor
who was responsible for the cat problem has now moved.
My comments: The City Attorney put responsibility for my inability to get a Variance on
the Council, not the mayor's staff. He said the staff was just following guidelines set by
the Council.
He also indicated that a neighbor moved. One neighbor moving away does not
eliminate the cat feces problem
Why do cats pose a unique problem?
And why do cats pose a unique problem for me? Because they bury their feces, making
it impossible for me to see so I can avoid rolling over it in my wheelchair.
Page 4 of 17
Proven prevention is an 8-foot fence, and I know because an 8-foot fence has worked
well for three years.
The ADMINISTRATION denied what I believe the ADA Law REQUIRES; and that
brings us to Mon. Jan 08. 2007.
Request for a Zoning Code Change
I believe that on May 22, 2006, I should have requested an actual change to the Law,
not an individual Variance.
I wish to plead my case again before the Council and, hence, I have asked Inez
Petersen to read this letter to you.
ADA requires reasonable accommodation
I believe that the Americans with Disabilities Act (ADA) requires the City of Renton to
make reasonable accommodation in its Zoning for the unique situations applicable to
the disabled. And I certainly have described a situation unique to the wheel-chair bound
disabled.
Title II of the ADA requires public entities to make reasonable modifications to their
policies, practices, and procedures, including zoning policies, practices, and
procedures, when such modifications are necessary to ensure that individuals with
disabilities are not subjected to discrimination because of their disabilities.
My answer: Forcing me to deal with cat foces on my person and the health
situation this causes when a higher fence could easily eliminate this situation is
discriminatory in my view.
• I'm asking the Council to dirnct the .ADMINISTRATION to revise the RMC so
that wheel-chair bound citizens rn;ri: have 8-foot fences.
• And where safety is a concern. tha'. the fence be designated as a see-
through cyclone fence.
This is a reasonable accommodation which will eliminate the health problem the cat
feces creates for people in wheel chairs like me. And see-through cyclone fences
would pose no safety hazard to those pulling out of driveways or turning corners.
As I indicated previously, the NON wheel-chair bound can easily wipe their shoes if they
step on cat feces; I can't. And the NON wheel-chair bound can bend down and pick up
feces too, which I cannot do.
• Reasonable accommodation is all I ask,
• A right to wheel around my property in a healthy environment is all I ask,
• A wheel chair free of cat feces is all I ask,
• A little compassion is all I ask,
• I thank the Council ahead of time because I know you will find a way to help
me, when the ADMINISTRATION would not.
Page 5 ofl7
I thank Inez Petersen for bringing my letter to the Council tonight.
And I also thank Terry Persson, President of the Highlands Community Association, for
offering to help me with my fence should the ADMINISTRATION force me to take it
down.
And just as post note, Terry Persson had asked Gregg Zimmerman for the back-up
documentation as to how the ADMINISTRATION came to the conclusion that I was not
eligible for any special zoning consideration, and Mr. Zimmerman said he wasn't sure
whether such information was considered Public Information or not. It may be that the
Staff needs training regarding the ADA and the State's Open Public Records Law.
Sincerely,
Jeff Colee
330 Park Ave N
Renton, WA 98055
277-9009
Page 6 of!?
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Page 8 of 17
CITY ()F RENTON
P Jaru1ing!Bu ildingiPu blic \\/ orks Deparlmen1
Gr~ Zimmen"lall P.E., Adminhtrator
Jeff C0k:c-
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Page 9 of!?
PLANNING/BUILDING/PUBLIC WORKS
DEPARTMENT
DATE:
TO:
CC:
FROM:
STAFF CONTACT:
SliB.fF.CT:
ISSUE:
M E M O R A N D U M
July 17. 2006
Terri Briere, Committee Chair
Members of the !'Janning and Development Commillee
Kathy Keolker, Mayor
Members of the Renton City Council
Jay Covington. Chief Administrative Offic,,r 1
Gregg Zimmerrnan. l'Bl'W Admmistrator N {Ct1) {.,
Jennifer Henning. Current Planning Manager
Fences in Residential Areas
Discuss the issue offences greater than 6 feet in height within residential yards.
HECO·'WMENDATlON:
Rdain the existing fence standards. limiting fence height to a maximum of 48" in the
fronr yard area, 48" -72" in the side yard. mid 72" in the rear yard area. When
appropriate. support relief from the maximum fonce height through the variance process,
or the Spei:ial Administrative Fence Permit.
BACKGROUND SUMMARY:
Jeff Colee resides at 330 Park Avenue North. In 2003. Mr. Colee installed an 8-foot high
slaltcd chain link fence in th<: side yard between his home and the neighboring property.
The sratcd purpose of the fence is lo pre\'ent fer«! cats from entering Mr. Colec's yard
anJ solves" problem of the cats leaving their waste in his yard. Mr. Colee relics on a
wheelchair lo maneuwr in his yard. and mows his yard. The animal. waste creates
suh.~tantial issues for him, as it attaches to the. wheels of his wheelchair. He notes that the
Jenee also prevents the encroachment of the neighbor's vegetation into bis yard.
Mr. Colee has maintains that the fence has prevented disputes between he and his
neighbor for the past three years.
Fence, in side yards are allowed up to 6-fcct in height, except for that portion of the yard
that extends into the front yard setback, in which case che height limit is 4 feet. In May,
Mr. Colee was notified by Code Compliance via an Order to Correct, that his fence was
over the allowed height of 6 feet. The corrective action requested was to lower the fence
Pagt.' 2 of J
July I J. :!O(J6
Page !Oof17
to a maximum height of6 feet. He· ;.u'1:,eqt1t·111ly indicated that he intended w tile a
requcsl for a variance from the knee h1.:1ght n .. 'i.-jUircnH.:nts. Mr. Culee also rc4ueslt:d a
wai ve.r of the S l 00 administrative vccri:rncc fee. Mr. Colee wrote v, the Council in May,
rcgucsting review of hio situation. I he i,ictlln was referred to Planning anJ Development
Commitkc. The Order to Correct is currenll_1· being held in abeyance pending the
Committee· s review of his sitllation.
Staff visited the property in June and .luly. taking photographs of the fence. The 8-foot
high chain-link fence has slats and cxlends :iil'llg the side property line between tbe two
properties. Mr. Colee states that this fence prc\'ents feral cats from coming into his yarJ.
However. staff notes Lhat the 8-foo1 high l~nc(' only extends along one portjon of the
yard, while lower fences are present c!sc:whc:-,: on the property.
In order to he ~1J!oweJ to rerain the frni: .. ·1.:, :\fr_ Coke would need t<.1 apply for and be
granted a ,·,1riancc from the height requ1rcnh.'J1\.';. The applicant wnu!d need to
demonstrntc all ofthc following:
I. !'he C(Dplicam suffers undue iwrds/1111 und the variance is necessary hecause iJ(
special circumslances applic,1hi,• lo !he subject property. including size, shape,
wpography. lo<·a1ion or surroundings o/the subject properly, and the stricl
Gpplit'ation <.ithe Zoning Cod(• is_foun.J ro deprive su~jecJ properly owner of
rights and privilexes e,~joyed hJ or her property owners in the Ficinif_F and under
iden1ical zone cla,-s/(icmion
ihL· grdnting C!lrhe variance 11 ill 110/ hL· nwfl'rial(r dc1rimr.:11tdl tu the public
.-1c/lori' nr ir~iurious to !he pro;11Tf·,· or 111!pron.:.·ment in thi! vi(1niry or 1/u: :oni.: in
which .,·11~;ect property is situated
3. The approval shall not constituh' u grow ,?fspecial prh·ilege inconsisrenr with the
lim11a1ion upon uses of other pr open ies in !he vicinil_,v and ::one in lYhich the
.rnb;cct properly 1s situated.
4. That 1he appro1'a/ as determined h) the Neviewin~ (Jfjicial is a minimum variance
rhal will accomplish the desired purpose
Staff believe, that it would be difficult 10 suppon the granting of a variance for the 8-foot
high fence, as it appears all of the variatK(' criteria could not be met lhcreforc. the only
<)[her C1fHJ1.)il \\.'\:>ldd ht· to consider re\ i:-;iL~ th'-· h' .. L'I1loll i\1unicipaf Code to allov,.,
over height fonccs.
CONCLliSIOI\:
The stared purpose of the Fence Rcguia:ic•ns 1RMC4-4-040) is to regulate 1hc material
and heighr offences particularly in fw111 v:11,i,; ,llld in yards abutting public rights-of way.
in orJcr lo promote traffic and public sakly and 10 maintain aesthetically pleasing
neighborhoods. fn addition, the reguLniuns L·n,~l1uragc the feeling uf spaciou.sne:ss along
neighborhood slreets and minimize the closed ci11· atmosphere which tall fences along
public righrs-01:way can create.
Page 3 of-'
Julv Ii, 2006
Page 11 of! 7
In this instance, Mr. Colce·s 8-foot high fence is not localed along the right-of~way. nor
is it within a front yard area. However, the fence is located along one of the side· yards of
his property. Other fences SLtrroimding his yard confom1 to City regulations.
Mr. Colee has received an Order to Correct from Code Compliance to lower the height of
the 8-foot high fence to 6-feet. Mr. Colee has stated that he intends to apply for a
variance. but requests a waiver from the $100 fee. A fee waiver could only be granted by
the Council's Finance Committee. Staff is not likely to support the variance request
unless all of the stated variance findings can be made. If the administrative variance is
not granted by the decision-maker, Mr. Colee would need to file an appeal with the
Hearing Examiner, and pay the appeal fee ($75). Any subsequent appeals would be
considered by Council, provided the appeal was filed and the appeal fee ($75) paid .
. ".r.other op!ion would be to consider revisions tn the Fence Regulations to pcm.it th<'
over height fence. This change is not recommended, as it would then allow frn,es that
the Code recognizes as being appropriate only for commercial and industrial uses.
Staff recommends that the Planning and Development Committee retain the existing
fence regulations for residential uses. Staff suggests that Mr. Colee either reduce the
height of the fence to 6 feet, or attempt to seek relief through the variance process.
October 1 ll. 2006
Jcff (:oke
DO Par~ . ..\ve. N
R-:nt ... n . \'.' ;\ ()~f1.'.'='
_,
R~: Fee \Val\:cr Rc:qi,H;st
Dear fv1r Cuicc.
Page 12 ofl7
C'.IT'\' OF RENTON
C1tyCkrk
(~11111ie l. \\' alt on
At the regular Coun\'.t I m..::cting ,,r o,,rolK1 '), _2(106, the Renton City C0tm~:il approved the
n::commendation of the t'inance l ·omrni(k\'. l(J ~;ran! your request to waive lh~ S l O(J
variance: applirnllon !"i.!c <1:s rc5a1d:-~,,ur cit,ht-klot-higJ.1 fence ~parnting your house: from
~',;:rnr m:.ighbor\; house_
f1i proceed with the vari,mce ..ipp!tc111,)n pro, 1.;ss. µlease visit the sixth lh.ior pt.:m11t1in~
Je:5k ui City !Lill, or ..:all -425-4_~,·,
Sincere!)·.
Bonni:.' L \.Valto11
City Clerk
.VfaJ\)f Kalh) Krolk._.i
l{,mdy(o1m.;i11 C,Hm~dPr'.' :dcL
Gi:t:gg Zimmcrmxm. f'HJ>\\·' ,\.,l:1::11,~uJ1,_,:
:-.-1:11 Wan>:, Den•lopmcm St·1,,1,,-~ I )1r\·.
Jennifer l-knniag, Prin..:ipal l'hl1J1\'!
~~
RENTON
h 11, , ,. , , • r ;11: , l is.,·1
REPORT
&
DECISION
DECISION DA TE
Project Name
City of Renton
Department of Planning I Bwid1ng I Public Works
ADMINISTRATIVE VARIANCE
LAND USE ACTION
November 15. 2006
Co!ee Fence Height Variance
Page 13ofl7
----------
Applicant
Fi'le Number
Pmject Description
Project Location
Exist. Bldg. Area gs!
Site Area
Jeff Colee, 330 Park Avenue N. Renton. WA 98055
LUA06-135 Pmjecr Manager Valerie Kinas!
1 he applicant 1s requesting a variance from RMC 4-4-04001(bt, which restricts the heigl1t
of a stde yard fence to a rnaximurn of 6 ft.. Ti1e appHcant is reque.sting a variance rn ordet
to retain an existing 8 ft. chainhnk srde yarrS fence. The appllcnnt Justifies the variance with
the necessity to pro1ecl himsetf from !he nuisance o1 his neighbor's cats and overgrown
vegetation. The site is in tho R-10 wnc.
330 Park Avenue N
1.010 sq ft. Proposed New Bldg. Area gsf NA
4,500 sq. ft. NA
-··---·--------------------------------
•
Cilf ol RN1/on P/81PW Department
.~o[e~ fEnce Height Va'l!,!2'?,'! __ ~-----
.~r;PORJ DF 1\0\IE.MBER 15, 200G
A. Type of Land Use Action
J . Cor;~i/J;~al ;J~r,: . .
I -
I Site Plan Fi.'ev1ew -j Spec,al ~.'.'.''.~~ fo.-Grade & Ft//
X J Admmlstml/ve Vari.nee
8. Exhibits
The following exhibits were entered into th0 re-core
Page 14 ofl7
Admim.';/r;i/1vR VJ(";cJnr.:& Rem:xt cmd Uccisin{I
LU~OtJl:,5'°", "-V-A""~~
Binding Site Plait
Sho,erkw Sub~:/,M/iof Deverc,pmt1nt PtJrmd
/-,;-;,;,,n --~------. T~:""o Code De/ermin:ton
'
E:d1ibit No. 1: Yellow file co_ntairnriq: .:1r;)lic:11:on, proor ol posting and pulJ!icatiO(I, ~~nd other documont<lti(H'/
pertinent to this wque~1
Fxhibit No. 2
Exhibit No. J·
Site Plan (l.:!eco1vot! O,c:tolJ(:1 , ! ~OOU).
Zoning ant.I Neightorhnoci o~ttJU Uc1p C3 E~Bl
C. Project Description I Background:
The <:1pplicant is requesting a variance-to exceed tiH".' incix1mum permitted fence height of 6 feet m lhe side and rear yard.
He has installed an eight Fool high chain link fence with pnvacy slats along his south property line. The fence is
approximately 60 feet long and runs from the front corner of the house to the garage m the rear yard. The property is
localed in the R-10 zone, along Park Avenue N al nrn1block betvl'iJen N 3ro Street and N 4lh Street. The properties to aU
s1d(>,.s immediately abutting the site are also zoned R-rn There are single family homes to !he soulh and ~vest. v parking
lot belonging 10 the Renton School District to the north, arid an elementary school to the east.
The applicant explains ,n lhe application, that the fence 'l,1as bu1ft to provide a barrier from the lot to the south He
contends that the neighbor there feeds f@rrel cats and tl1a1 tho,:;c cats then enter his yard and leave animal waste on his
lawn The fence was built to keep out t.he cats, but ;:.Is,, to serve as a barner to weeds and overgrown vegetation on the
neighborlng lot. The applicant also stated that the fence aided in preventing unpleasant contact with the neighbor
Codt:: Compliance staff have reported that the overgrovm veiJ:;;ta!ion on the neighboriny !ol has been creaned up The
neighbor with !he cats no longer lives in the house_ so thr~ fcrrc:i Cc!\S are no longer dr<1w11 to the area.
FINDINGS, CONCLUSIONS & DECISION
Having reviewed the wril!en record In the matter, t.h~ City now makes and enters ttle following:
D.
1,
Findings
Request: The Applicant, Jeff Colee, rias rnquest{~1.! ;;.pproval for an Administra!tvc Variance for liis property
at 330 Park Avenue N. The variance is requested fron1 RMC 4-4-04001(b), which restrlcls the hefght of ,;1 $Ide
yard fence to a maximum of 6 ft. The applic<m! 1& rcqucs:ing a variance (n order to retain an extstlng 8 ft. '1igti and
60 feet long chainlink side yard fence.
Page 15 of!?
Ory of Rcnto!J PIS-PW Dcp.[ir/mom
EoJe.e,!;!!ce Height Variance ___ ~~---,"-~--~
Administr,1.'iv(: V,'j,1~1na· r-.:epori and Dec1s1on
~~~~~~~~~-~-'"•~·. ·~-----·-LLJAQ6-13~ •.Y"~~-=-·-=o
REf'ORT or NOVEMfJCR 1$, 2006
Pr.-gi:: j (I,-5
2. Administrative Variance: The appliC.)nt's administrative variance applic:c,tion complies wiU) the
requiroments for intorrna!ion for a variance. The appticanf's site plan and other project drawings are entered as
exhfbits one lh;ougl1 three.
3. Existing Land Use: Land tJses surrounding the subject site include: North: R-10 zone. parking lot belongm-g
to Renton School District; South; R-10, single family house: East R-10, al!ernalive high sc!t0ol; and West: Park
/wcnuc N and beyond it R-1 O, single ramify house.
4. CONSISTENCY WITH VARIANCE CRITERIA
Section 4-31-19F.3. #sts four criteria that the Zoning Administrator is asked to consider. along with all other
relevant information, in making a de<;iS.ion on en Adrmnistmtive Variance application. These includo the following:
a. That the appl!cant s-uff-ors unch..1e hardship and the variance is necessary because of special
circumstances applicable to subject property, including size, shape, topography, location or
surroundings of the subject property, and the strict application of the Zoning Code is -found to deprive
subject property owner of rights and privileges enjoyed by other property owners in the vlc.lnity and
under identical zone classification:
The site 1s similar to a number of parcels in the vicinity in the R-10 zone. The sit-c rs flat and is surrounded :iy
the same zoning QS ttie property is zoned. If the zoning code is strictly applied and me applicant must reduce
the tleigt,t of the fence to six feet, the proporty owner would not be deprived of 1tle same privlledges that others
in the vfcinity have AlthOtJgh the applicant may have experienced hardship because of the actions of the.>
neighbor 10 the south, this is not a hardship that results from the characteristics tif Uw. lo! or lhe surrounding
properties, but oi the behavior of a neighoor. Code Complianco of tile City of Renion. !1as cUUre$:;;:ed i:iil Q{
these concerns that earl be addressed using Gily of Renlon regulations, and it appears the situation at lhe site
has greatly improved. The overgrown vegetation has been rerrw\led. Code Compliance staff also report that
the person who was living ln the house. who was feeding the ferrel cats. ts no longer living there. If the applfcant
is granted ;i variance to a!low an eight foot high fence, he would be being granted more prr\lilegas than other
property owners in the vicinity ln the R-10 zone_
h. That the granting of the variance wm not be materially detrimental to the public walfal'e: ot injur;ous to
the property Or' improvements in the vicinity and zone in whfch subject property is situatod:
---.;> Granting of the variance could be injurious to the property in the vidnily The City of Renton developmen1
regulations that limit fence height do so iri ofder to -create a uniform standard, allow for a measure of visual
conlact, and avoid unsightry barricading off of properties. While allowing this one particular fence to exceed the
height restriction may not be detrimental to the public welfare,J.t~~!~(~ce lhat could lead to higher
fences in the area. resulting in lhe in1urious conditions the ferice regulations are meant to inhibit
c. That approval shall not constitute a grant of special prJvllego inconsistent with the limitation upon usos
of other properties rn the vicinity and zone in which the!' .subject property is situated:
Granting the variance, as explained 1n "'" above, would allow the applicant to do what is not ;;illowed of other
neighbors in the vicinity and zone in whicll the svbJect property is located. Although the applicant did have a
neighbor to the south who he found to cause him distress, there is not/ling unusual about the lot or the use of
the lot from a zoning perspactive that would warrant the CHy allowing a laller fence. If this applic:ant is allowed
a higher fence under these circumstances, other holile owners in the area woufd al:s.o need to bo granted these
privjledges. Granting ot Ille variance would thus s-et a precedence for future higher fences in the neighbort10od.
Page 16 ofl7
C,i/ ri.' f?e1i!0n Ptfr'FW Oeµartmefil
-.~9~'!:.~-~f!/~_c_!_ Hefg!r~ yari,ance
.J.dmims/1.i!,"18 VMic,11t8 R~po: and Dr2c1siun
LUA{M-1J5, V-A
f?E(·G.CZ:T i--:F .'Jo')'.!l· 1.mlfi :.'.>, £006
d. Th.at the approval as determinecJ tJ)t the Zoning Administrator is a minimum variance that wirl
accompHsh the desired purpose:
~St<'ffdoes not believe 111rti an eight-foot ;111Jh trncc ,,,,i: ~c;::c:omp!ish :he des1n:~d purpose :11orn them a six-fool
/ fcm.:1.: would. Ii is aou!Jlful that a BO-foot sc~;int:'nt ,1: fence can keep cat~ out or n-.e yarc. regardless of how high
1t i::;. buil: Ca!~ can go around an eight-kio· :i1Ji·1 f,:;nce as easily as they cc1n go ;'Jrowid a six-fom higrl f-e-nce. If
!he fer.cc 'NBS riecessury lo keep out o,,,~r\r .. )·!,,·1 v·e1;,:Jation. a fence rnectir.g tt1e six-foot msxirnirn heigh: wcuid
have aiso rne1 :he neod. The ,~ppiteant r.:1-.,lr: I a>.P ar-a; vegetaiion overt.his height tn.mmed. Since applicaticn
was made. the nuisances th.it ihe aopi1, ,-1E,1··ding ro protect h:mseji from with~ t;Jller fence t·,ave been
.:1bote<.I For alJ these reasons. the vari0r1::c .snot :·1r.! m1ninw1n 11euiss:.ry tu1 tl1e ap;::ilic;J:nl to .:,ccorr1pi1!;;h i11,:;
desired purpose.
E. Conclusions
The sui:)JUCl site-1-s. localed at 330 Pa," /,,.,i::nt.k. N 111 the R· 10. restdenlial L.une.
?. The City 'Nidc PropC'rly Develupmer1! ::::2.-:.J~~'ds. R.MC 4-4-04001(b) limit 111€ t)eighl ot side yard fences for
:e::m!en!ial uses to tour fec-t along the fru111 y.;,rd ;K;l11on of Ille side 101 line. and six feet along the remaining
pcr!,1~1 of lhe lot line. The fence he~ht per·n:1tcd to: t•10 side y.ard in this case is as high as six fee1
3 Slaff doe::. nol $Upport approval of the vznancc, bcc:00~.o 1t does nol mee1 Urn variance c:iteria found in RMC 4-9-
250B5
Analysis of 1t1e proposi:ll ac~;otcin4J lo ir ~" ,·s1: ,,r 1,:,-'., 1l211a can be founo in sectit"1n D ;:ibove
F. Decision
The Admlnistrarive Var;anco for Colee Fence Height Vnriance File No. LUA06-135, V·A, is denied.
S!GNATURE:
Jennifer Toth Henning, Zoni:;IJ AUn1misl10/·.!i
TF,,'ANSMITTFD .'01.~ 1 :i"· d.1r cf November. 2C:Oti tc• rhe .:;1_-p!:, ;,,-_,r ,,,,1 i, .•.1Ile1
,rtt t>Jli.,i•
330 P;1rk A·i.!llU!c! N
~0n!Gl1. '>NA 9,905:;o
rRAN$f~!TTED 1h1s 11:/'' d~~Y oJ NuvemlJer, 2006 !'.J /ho ,w"1,.-·s c,.' (,;, ,,,1,1
Nune
TRAN$MffTED rfo.s r1~ ,:fay af No1.1cm1be:r, 2006 to tlw fclicw!li(f
L~1,r1 MecJ.:hr,;, l:lu1ldJ11g Offic,.al
Swo Er,gler, Fire P'(?'NflllUII
:\o:c1: ',\<.;[<:-; [ii:;'.•ek::;,;11e.1t Sf'11v1::\1~ Dir{l('.l::r
Jt'n:i IM Hcnrl'II,;;. Cur'..:.,n1 Plann,ng M.,w,,.~er
Date
City of Renton P!BIPWDepanmen!
.£2,lee Fence Height Variance
HEPORJ or NOVCMOLR 15, 2(106
Page.Sols
Lil,..,tenre Warren, Oty Att&ney
King CoU!~I~ Ji:l'.Jrn.;il
L.flnd Usa Action Appeals
Page 17 ofl7
Actmm1strat,ve variance Repon .and Dec1sior1
LUA06,135, V-A
The admini:.trati>,1e land use decision \MU bc:e.ome hnal if the docrsion is not appealed within 14 dcJys of the dale of <ipprov.al. An
appeal o( the decision must be 61ed within the 14 dBy appeal poriod (RON 4:L21.C.075{3); WAC 197·1 H)80). An ctppeal lo the
Hearing Examiner Is govam~d by Title LV. Section 4-B-11.8, which requir~ thc1t sud1 c1ppeal~ l}e fil.KJ directly v,.,jt/1 (he Heariog
Exarniner. Appeals must be made in writing on or before 5:00 PM on November 29, 2006. Any 01ppoal mus! be :'ltt.ornpamoc by
a Si'5.00 feE and o!her specilic requirernents.
THE APPEARANCE OF FAIRNESS DOCTRINE prov1dos that no ox parte (rnvnto 0M.on-0ne} communicatmns may occur
concerning the land u:se decie::fon. TI-ie Doctrine applios oot only to the initial decision, but to Appeals to lho Hoanng Examiner r.t6 well
All communications aftGf tho docistontapprovi!I dato must be made in writing throu9h 1ha Hearing E;,c:amine,. /,II commurucations are
pubfi<", mcord and this permits all inlc-ros1od parties to know the contents ot the communi-c.ntion and would allow them to openly rebut
the aYidonco in writing. Any violation of tfos doctrine could rc~u!l in the invalidation of the appeal b~-the Court.
January 8, 2007
Ordinance #5257
Planning: East Renton Plateau
PAA, Prezone to R-8 (7.34
Acres)
NEW BUSINESS
Airport: Financial & Property
Management Options
Planning: Highlands Task
Force
Planning: Sonics Arena in
North Renton
AUDIENCE COMMENT
Citizen Comment: Osborn -
East Renton Plateau PAA
Prezoning
Citizen Comment: Petersen -
Various
EXECUTIVE SESSION
AND ADJOURNMENT
Recorder: Michele Neumann
January 8, 2007
Renton City Council Minutes Page 14
Following second and final reading of the afore-referenced ordinance, it was
MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT
THE ORDINANCE AS READ. ROLL CALL: ALL A YES. CARRIED.
MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL REFER THE
AIRPORT FINANCIAL AND PROPERTY MANAGEMENT OPTIONS TO
THE TRANSPORTATION (AVIATION) COMMITTEE. CARRIED.
Responding to Councilmember Persson's inquiry, Councilmember Briere
indicated that the topic of the Highlands Task Force membership and tasks is in
the Planning and Development Committee.
Councilmember Persson voiced concern regarding potential transportation
problems if an arena is sited in North Renton for the Seattle Sonics professional
basketball team and other events. Mayor Keolker stated the City has been in
contact with North Renton neighborhood representatives who are developing a
list of concerns in case this happens. She assured that nothing has been decided,
and stressed that Council will be kept apprised of any developments.
Nancy Osborn, Planning Commission Member, 4635 Morris Ave. S., Renton,
98055, questioned why Councilmember Palmer voted against the ordinance that
rezoned a 1,350.41 acre parcel from R-4 to R-4. Councilmember Palmer replied
it was an oversight due to the large number of similar ordinances.
Inez Petersen, PO Box 1295, Renton, 98057, expressed her hope that the City
will grandfather in Jeff Co lee's over-height fence under the ADA (Americans
with Disabilities Act) requirements for zoning. Additionally, Ms. Petersen
objected to the granting of multi-family housing property tax exemptions to
developers and the return of lodging tax funding to businesses while sidewalk
repairs and other infrastructure improvements in Renton are needed.
Councilmember Persson explained that State law requires that tax collected
from the rental of hotel rooms only be used for promotional purposes to
encourage people to come to Renton. He noted that some members of the
Renton Lodging Tax Advisory Committee are business representatives required
to collect taxes.
MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL RECESS
INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO
DISCUSS LITIGA TIOl\ WITH NO OFFICIAL ACTION TO BE TAKEN
AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE
EXECUTIVE SESSIO:-J IS ADJOURNED. CARRIED. Time: 9:52 p.m.
Executive session was conducted. There was no action taken. The executive
session and the Council meeting adjourned at 10:12 p.m.
&.n<£vi !1)0/;l;rrw
Bonnie I. Walton, CMC, City Clerk
November 20, 2006
Development Services:
Wireless Communication
Facilities in Residential Zones
NEW BUSINESS
Transportation: Downtown
Connectivity to The Landing,
Downtown Direction Signage
Finance: Business License
Billing Cycle
AUDIENCE COMMENT
Citizen Comment: Petersen -
Various
Citizen Comment: Lorenz -
Tree Hazard, Maple Valley
Hwy
Citizen Comment: McOmber -
Various
1\.,
r'\
i
Renton City Council Minutes Page 407
An ordinance was rcaJ amending Chapters 2, 4, and 11 of Title IV
(Development Regulations) of City Code by permitting wireless communication
facilities within public rights-of-way in residential areas and to incorporate three
pre-existing administrative determinations that clarify the wireless regulations.
MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE
ORDINANCE FOR SECOND AND FINAL READING ON 11127/2006.
CARRIED.
MOVED BY PERSSO!':, SECONDED BY PALMER, COUNCIL REFER THE
ISSUE OF CONNECTIVITY TO DOWNTOWN FROM THE LANDING
AND DIRECTION SIG'-IAGE FOR DOWNTOWN TO THE
TRANSPORTATION (AVIATION) COMMITTEE. CARRIED.
MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL REFER A
BRIEFING ON THE NEW BUSINESS LICENSE BILLING CYCLE TO
FINANCE COMMITTEE. CARRIED.
Inez Petersen, PO Box 1295, Renton, 98057, inquired as to which fund the $1.5
million set aside for Highlands study area infrastructure improvements is in.
Regarding the Comprehensive Plan amendment concerning the upper
Kennydale area, Ms. Petersen expressed concern that citizens were not given the
opportunity to speak publicly on the matter and the decision to adopt R-4
zoning was a result of a staff recommendation.
Councilman Clawson clarified that the decision was based on more than the
staff recommendation, and he pointed out that public hearings were held on the
matter.
Continuing, Ms. Petersen inquired as to how Highlands Community Association
events such as the upcoming Christmas dance can be City-sponsored. On
another topic, Ms. Petersen stated that City staff did not grant Jeff Colee a fence
height variance, and he must remove the fence he erected to keep cats out of his
. 6ackyard. Noting that Mr. Colee is wheelchair-bound, she pointed out that the
ADA (Americans with Disabilities Act) requires cities to modify their zoning to
accommodate the disabled.
Stating that he read the staff decision, City Attorney Larry Warren explained
that staff has criteria on when a variance may be granted that has been
established by the Council. He indicated that the fence did not meet the
standards as established by City Code, and that the original reason for Mr.
Colee to build the over-height fence no longer exists, as the adjacent neighbor
who was responsible for the cat problem has now moved.
Stephanie Lorenz, 13515 SE Maple Valley Rd., Renton, 98058, expressed
concern that cottonwood trees growing on the sloughing slope along Maple
Valley Hwy., west of Riverview Park and east of the former Stoneway Concrete
Plant site, may fall across the road and hurt someone. MOVED BY BRIERE,
SECONDED BY CORMAN, COUNCIL REFER THIS MATTER TO THE
ADMINISTRi\ TION. CARRIED.
Howard McOmber, 475 Olympia Ave. NE, Renton, 98056, asked that the City
review JeffColee's fence situation (discussed by previous speaker Petersen), as
the problem docs not seem to be totally solved. Mr. McOmber also issued an
invitation to the Highlands Community Association's Christmas party, which
will be held on December 16.
Councilman Clawson pointed out that Jeff Colee can appeal the staffs decision.
December 4, 2006
AUDIENCE COMMENT
Citizen Comment: Petersen -
Colee Fence Height Variance,
2006 Comprehensive Plan
Amendments LHtl __
Council: Public Hearing
Notification
EXECUTIVE SESSION
AND ADJOURNMENT
Recorder: Michele Neumann
December 4, 2006
Renton City Council Minutes Page 432
Inez Petersen, PO Box 1295, Renton, 98057, expressed concern about the denial
of Jeff Co lee's request for an over-height fence variance. Additionally, she
claimed that the public hearings conducted for the 2006 Comprehensive Plan
amendments are invalid due to lack of due process; therefore, the resulting
adopted ordinances relating to the amendments are also invalid.
Council President Corman voiced his intention to have public hearing
notification be a topic of discussion at a future Committee of the Whole
meeting. He noted that staff is working on an e-mail notification feature for the
City's website, which can supplement the outdated notification process of
publishing in the newspaper and posting on telephone poles.
Mayor Keolker stated that although the public hearing notification system may
seem somewhat outdated, it must be done in order to comply with State law.
She indicated that staff proposes to do some things in addition to the State
requirements.
MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL RECESS
INTO EXECUTIVE SESSION FOR APPROXIMATELY 45 MINUTES TO
DISCUSS POTENTJAL LITIGATION AND PROPERTY ACQUISITION
WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL
MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS
ADJOURNED. CARRIED. Time: 8:26 p.m.
Executive session was conducted. There was no action taken. The executive
session and the Council meeting adjourned at I 0: I 6 p.m.
~ -J. Wafthu
Bonnie I. Walton, CMC, City Clerk
+ ... +
CIT~F RENTON
City Clerk
Bonnie I. Walton
(;~~R,,,·
'? -'<' Kathy Keolker, Mayor
~N'fo~· --------------------------
October I 0, 2006
Jeff Colee
330 Park Ave. N.
Renton, WA 98055
Re: Fee Waiver Request
Dear Mr. Colee:
At the regular Council meeting of October 9, 2006, the Renton City Council approved the
recommendation of the Finance Committee to grant your request to waive the $100
variance application fee as regards your eight-foot-high fence separating your house from
your neighbor's house.
To proceed with the variance application process, please visit the sixth floor permitting
desk in City Hall, or call 425-430-7200.
If I can provide further information, please feel free to contact me.
Sincerely,
0. . . ·' . ,1./-. . . ~../.({/~
Bonnie I. Walton
City Clerk
cc: Mayor Kathy Keolker
Randy Corman, Council President
Gregg Zimmerman, PBPW Admimstrator
Neil Watts, Development Services Director
Jennifer Henning, Principal Planner
-l-0-55_S_o_uth_G_ra_d_y_W_a_y_-R-e-n-to_n_, W-as-hi-ngt-on-98-0-55---(-42_5_) 4-3-0--6-5-l0_/_F_A_X_(4_2_5_) 4-3-0--6-51_6_ ~
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May 22, 2006 Renton City Council Minutes Page 169 -,--~-------------------'-----------------~"---
AJLS: Community Leadership
Award, WA Association of
School Administrators
AUDIENCE COMMENT
Citizen Comment: DeMastus -
Highlands Community
Association, Senator Prentice
Letter
Citizen Comment: Petersen -
Various
Citizen Comment: Colee -
Variance Fee Waiver Request,
Fence Height
1.-,1,tA -
CONSENT AGENDA
AJLS: Renton River Days Fee
Waivers & Banner Installation
CAG: 05-114, Riverview Park
Bridge Renovation, Marine
Vacuum Service
Human Services: 2007 /2008
Funding Criteria for CDBG &
General Fund Allocation
* The Renton Farmers Market begins Tuesday, June 6th, at the Piazza. The
market takes place every Tuesday from 3:00 to 7:00 p.m. and runs through
September 19th.
* The Reuse It' Renton, Stop & Swap event will be held on June 3rd at the
Renton Memorial Stadium south parking lot.
Mayor Keolkcr announced that the City was recently awarded the Community
Leadership Award by the Washington Association of School Administrators in
recognition of Ren ton's support of education.
Sandel DeMastus, 1137 Harrington Ave. NE, Renton, 98056, stated that the
comment she made at the April 24th Council meeting regarding the 11th
District legislators and the Highlands Community Association was taken out of
context in the letter entered into the record at the May 8th Council meeting
from Senator Margarita Prentice.
Inez Petersen, 3306 Lake Washington Blvd. N., #3, Renton, 98056, objected to
having to give her name and address prior to commenting at the Council
meeting. She expressed her disappointment that her request for an individual
Councilmember vote was not allowed on the matter of the Highlands Subarea
Plan Study Area Moratorium extension at the May 8th Council meeting. Ms.
Petersen also expressed her desire to know how Councilmembers vote on
various matters, and her desire for an immediate way of communicating if she
thinks any comments made at Council meetings are inaccurate.
Jeff Colee, 330 Park Ave. N., Renton, 98055, asked for a waiver of the $100 fee
to apply for a variance for his eight-foot-high fence that separates his house
from his neighbor's house. Pointing out that his neighbor feeds feral cats, Mr.
Colee explained that he erected the fence to prevent the feral cats from using
his property as a litter box, as his wheelchair comes in direct contact with the
waste. He indicated that other eight-foot-high fences exist in his neighborhood,
and he has been working with animal control in regards to the cats. Mr. Colee
reported that he has received an order to correct from the City, and requests a
variance fee waiver as he is low-income and cannot afford the fee.
MOVED BY CORMAN, SECONDED BY LAW, COUNCIL REFER THIS
MATTER TO THE ADMINISTRATION. CARRIED.
Items on the consent agenda are adopted by one motion which follows the
listing.
Administrative, Judicial and Legal Services Department requested the
following: waiver of permit fees for 2006 Renton River Days activities
endorsed by Renton River Days Board of Directors; waiver of City Center
Parking garage fees from July 21 to July 23; and authorization to install River
Days banners on City light poles from June 12 to July 24. Council concur.
Community Services Department submitted CAG-05-114, Riverview Park
Bridge Renovation; and requested approval of the project, commencement of
60-day lien period, and release of retained amount of $9,535.85 to Marine
Vacuum Service, Inc .. contractor, if all required releases are obtained. Council
concur.
Community Services Department recommended approval of the 2007/2008
Human Services funding criteria for allocation of Community Development
Block Grants and General Funds. Refer to Community Services Committee.
/1/A t/ 1 t' /1 Ce_ Ccr,.m..f!,,,.J:-Page I of I
,Je ~fr 1.A> It C '7 },:r ?-) 2,o O b . a
Julia Medzegian -RE: Citizen requesting a fee waiver on a variance
From:
To:
Date:
Subject:
CC:
Julia Medzegian
Randy Corman
5/12/2006 3:57 PM
RE: Otizen requesting a fee waiver on a variance
Don Persson
FYI, I just spoke with Jennifer, who had a conversation with Neil. She said it's unlikely staff would support the
waiver. Apparently the 97 year old on the other side of the fence has her story too ...
>>> "Corman, Randy" <randy.corman@boeing.com> 5/12/06 3:51:07 PM>>>
Hey Don-
Do you want to split this fee with me?
We could probably save $2000 in staff time.
Thanks,
Randy
From: Julia Medzegian [mailto:jmedzegian@ci.renton.wa.us]
Sent: Friday, May 12, 2006 3:45 PM
To: Corman, Randy
Cc: Don Persson
Subject: Citizen requesting a fee waiver on a variance
Randy,
Mr. Jeffrey Colee stopped by my desk to find out the best way for him to speak with a councilmember regarding
a request for a variance fee waiver. He is disabled (in a wheelchair) and he has a 10' fence around his house.
He explained to me that he does this to prevent his neighbor's cats from coming into his yard and leaving their
mess which then gets on his hands via him rolling his wheelchair around trying to do his yardwork. He would
like to request a variance for his fence but is on a very limited income. He is proud of the way he keeps up his
property, even though he is disabled. He said he saved for a number of months to be able to afford the fence
and would like to not have to pay the fee for the variance request. I have a call into Jennifer Henning regarding
this. Jennifer doesn't really believe this would be a good precedent to set, but had told Mr. Colee that the
Council was the only way to get a fee waived. Could you give Mr. Colee a call? His phone number is 425-277-
9009. He said it is better to try to catch him in the mornings. Jennifer is supposed to get back to me on what,
if any, option there might be for Human Services to help him out. FYI, the fee is $100.
Don, I'm oopying you because if there is a referral to committee, it would probably be to Finance Committee.
Thanks,
Julia
file://C:\Documents and Settings\jmedzegian\Local Settings\Temp\GW}OOOOI .HTM 5/23/2006
Julia Medzegian -Citizen requesting a fee waiver on a variance
From:
To:
Date:
Subject:
CC:
Randy,
Julia Medzegian
Randy @ Boeing
5/12/2006 3:45 PM
Citizen requesting a fee waiver on a variance
Don Persson
Page 1 of 1
,-
Mr. Jeffrey Colee stopped by my desk to find out the best way for him to speak with a councilmember regarding
a request for a variance fee waiver. He is disabled (in a wheelchair) and he has a 10' fence around his house.
He explained to me that he does this to prevent his neighbor's cats from coming into his yard and leaving their
mess which then gets on his hands via him rolling his wheelchair around trying to do his yardwork. He would
like to request a variance for his fence but is on a very limited income. He is proud of the way he keeps up his
property, even though he is disabled. He said he saved for a number of months to be able to afford the fence
and would like to not have to pay the fee for the variance request. I have a call into Jennifer Henning regarding
this. Jennifer doesn't really believe this would be a good precedent to set, but had told Mr. Colee that the
Council was the only way to get a fee waived. Could you give Mr. Colee a call? His phone number is 425-277-
9009. He said it is better to try to catch him in the mornings. Jennifer is supposed to get back to me on what,
if any, option there might be for Human Services to help him out. FYI, the fee is $100.
Don, I'm copying you because if there is a referral to committee, it would probably be to Finance Committee.
Thanks,
Julia
file://C:\Documents and Settings\jmedzegian\Local Settings\Temp\GW}OOOOI .HTM 5/23/2006
, ~~~ CITY -:>F RENTON
+ "" + / Planning/Building/Public Works Department
~<i>· Q~,--K-ath_y_K-eo-lk-er_,_M_•yo-r--------------G-r-eg_g_z_i_m_m_e_r_m_a_n_P_.E_ •• 'A-dlDl-·n-is-tr-•-to-r---
N?f ., ORDER TO CORRECT
I[ \
Date: 05-02-2006
Location of Violation:
Owner(tax-payer) :
Issued To:
Address:
\ \9 I
L/Z5-Z1?-CjOQCj
330 PARKAVEN
COLEE JEFFREY J
COLEE JEFFREY J
330 PARK AVE N
RENTON WA 98055
Service Request No. SR06-0470
Violation Index No. C06-0165
f>t.S'I/Ylkr'ir-'3° ~
An inspection oftlte above premises revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below.
Compliance or corrective action must be completed by 06/02/2006. If voluntary compliance is not achieved, a Criminai
Citation MAY be issued. The penalty for a Criminal Citation, upon a finding of guilt may be up to ninety (90) days in jail and
up to a $1000.00 monetary fine.
CODE SECTION CITED:
DA TE OF INVESTIGATION:
DESCRIPTION OF VIOLATION:
CORRECTIVE ACTION:
Renton Municipal Code 4-4-040 D 2 c
04/28/2006
FENCE HEIGHT
THE CITY OF RENTON HAS ADOPTED REGULATIONS GOVERNING FENCE HEIGHT FOR
RESIDENTIAL PROPERTIES. THE MAXIMUM HEIGHT OF A FENCE LOCATED ON THE SIDE
LOT LINE IS SEVENTY TWO (72) INCHES.
IN THIS REGARD BY JUNE 2, 2006 LOWER TIIE FENCE TO A MAXIMUM HEIGHT OF
SEVENTY TWO (72) INCHES ON TIIE SIDE LOT LINE.
Issued By: Paul Baker
Code Compliance Inspector
Planning/Building/Public Works Department
Development Sen·ices Civision
Phone No: 425-430-7386
o.
-----~-------·R~E-NTON
I 055 South Grady Way -Renton, Washington 98055
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CITY OF RENTON
PLANNING/ BUILDING/ PUBLIC WORKS
MEMORANDUM
Date: December 8, 2006
To: City Clerk's Office
From: Holly Graber
Subject: Land Use File Closeout
Please complete the following information to facilitate project closeout and indexing by the City
Clerk's Office.
N'l.!l'"~"i'll'"il
Project Name: Colee Specia I Fence Permit
LUA (file} Number: LUA-06-135, V-A
Cross-References:
AKA's:
Project Manager: Valerie Kinast
Acceptance Date: October 27, 2006
Applicant: Jeff Colee
Owner: Jeff Colee
Contact: Jeff Colee
PIO Number: 722400-0595
ERC Decision Dat1=1:
ERC Appeal Date:
Administrative Denial: November 15, 2006
Appeal Period Ends: November 29, 2006
Public Hearing Date:
Date Appealed to HEX:
By Whom:
HEX Decision: Date:
Date Appealed to Council:
By Whom:
Council Decision: Date:
Mylar Recording Number:
Project Description: The applicant is requesting a variance from RMC 4-4-040Dl{b), which
restricts the height of a side yard fence to a maximum of 6 ft .. The applicant is requesting a
variance in order to retain an existing 8 ft. chainlink side yard fence with privacy slats. The
applicant justifies the variance with the necessity to protect himself from the nuisance of his
neiqhbor's cats and overqrown veoetation. The site is in the R-10 zone.
Location: 330 Park Ave N
Comments: Applicant is requesting a special fence permit for an 8' fence in a side yard. Fence is
chain link with light blue privacy slats. Project valued at $700. Application fee of $100 was waived
by the City Council.
"""",_,..._.,..,....._,..... ..
REPORT
&
DECISION
DECISION DA TE
Project Name
Applicant
File Number
Project Description
Project Location
Exist. Bldg. Area gsf
Site Area
City of Renton
Department of Planning I Building I Public Works
ADMINISTRATIVE VARIANCE
LAND USE ACTION
November 15, 2006
Colee Fence Height Variance
Jeff Colee, 330 Park Avenue N, Renton, WA 98055
LUA06-135 Project Manager Valerie Kinast
The applicant is requesting a variance from RMC 4-4-040D1 (b), which restricts the height
of a side yard fence to a maximum of 6 ft.. The applicant is requesting a variance in order
to retain an existing 8 ft. chainlink side yard fence. The applicant justifies the variance with
the necessity to protect himself from the nuisance of his neighbor's cats and overgrown
vegetation. The site is in the R-10 zone.
330 Park Avenue N
1,010 sq. ft. Proposed New Bldg. Area gsf NA
4,500 sq. ft. Total Building Area gsf NA
City of Renton P/8/PW Department
Colee Fence Height Variance
REPORT OF NOVEMBER 15, 2006
Page 2of5
A-Type of Land Use Action
Conditional Use
Site Plan Review
Special Permit for Grade & Fill
X Administrative Variance
B. Exhibits
The following exhibits were entered into the record:
Administrative Variance Report and Decision
LUA06-135, V-A
Binding Site Plan
Shoreline Substantial Development Permit
Administrative Code Determination
Exhibit No. 1: Yellow file containing: application, proof of posting and publication, and other documentation
pertinent to this request.
Exhibit No. 2:
Exhibit No. 3:
Site Plan (Received October 17, 2006).
Zoning and Neighborhood Detail Map C3 East
C. Project Description I Background:
The applicant is requesting a variance to exceed the maximum permitted fence height of 6 feet in the side and rear yard.
He has installed an eight foot high chain link fence with privacy slats along his south property line. The fence is
approximately 60 feet long and runs from the front corner of the house to the garage in the rear yard. The property is
located in the R-10 zone, along Park Avenue Nat midblock between N 3"' Street and N 4th Street. The properties to all
sides immediately abutting the site are also zoned R-10. There are single family homes to the south and west, a parking
lot belonging to the Renton School District to the north, and an elementary school to the east.
The applicant explains in the application, that the fence was built to provide a barrier from the lot to the south. He
contends that the neighbor there feeds ferrel cats and that those cats then enter his yard and leave animal waste on his
lawn. The fence was built to keep out the cats, but also to serve as a barrier to weeds and overgrown vegetation on the
neighboring lot. The applicant also stated that the fence aided in preventing unpleasant contact with the neighbor.
Code Compliance staff have reported that the overgrown vegetation on the neighboring lot has been cleaned up. The
neighbor with the cats no longer lives in the house, so the ferrel cats are no longer drawn to the area.
FINDINGS, CONCLUSIONS & DECISION
Having reviewed the written record in the matter, the City now makes and enters the following:
D.
1_
Findings
Request: The Applicant, Jeff Colee, has requested approval for an Administrative Variance for his property
at 330 Park Avenue N. The variance is requested from RMC 4-4-040D1(b), which restricts the height of a side
yard fence to a maximum of 6 ft.. The applicant is requesting a variance in order to retain an existing 8 ft. high and
60 feet long chainlink side yard fence.
Variance Report/
City of Renton P!BIPW Department
Colee Fence Height Variance
REPORT OF NOVEMBER 15, 2006
Page 3 of 5
Administrative Variance Report and Decision
LUA06-135, V-A
2. Administrative Variance: The applicant's administrative variance application complies with the
requirements for information for a variance. The applicant's site plan and other project drawings are entered as
exhibits one through three.
3. Existing Land Use: Land uses surrounding the subject site include: North: R-10 zone, parking lot belonging
to Renton School District; South: R-10, single family house; East: R-10, alternative high school; and West: Park
Avenue N and beyond it R-10, single family house.
4. CONSISTENCY WITH VARIANCE CRITERIA
Section 4-31-19F.3. lists four criteria that the Zoning Administrator is asked to consider, along with all other
relevant information, in making a decision on an Administrative Variance application. These include the following:
a. That the applicant suffers undue hardship and the variance is necessary because of special
circumstances applicable to subject property, including size, shape, topography, location or
surroundings of the subject property, and the strict application of the Zoning Code is found to deprive
subject property owner of rights and privileges enjoyed by other property owners in the vicinity and
under identical zone classification:
The site is similar to a number of parcels in the vicinity in the R-10 zone. The site is flat and is surrounded by
the same zoning as the property is zoned. If the zoning code is strictly applied and the applicant must reduce
the height of the fence to six feet, the property owner would not be deprived of the same priviledges that others
in the vicinity have. Although the applicant may have experienced hardship because of the actions of the
neighbor to the south, this is not a hardship that results from the characteristics of the lot or the surrounding
properties, but of the behavior of a neighbor. Code Compliance of the City of Renton, has addressed all of
these concerns that can be addressed using City of Renton regulations, and it appears the situation at the site
has greatly improved. The overgrown vegetation has been removed. Code Compliance staff also report that
the person who was living in the house, who was feeding the ferrel cats, is no longer living there. If the applicant
is granted a variance to allow an eight foot high fence, he would be being granted more privileges than other
property owners in the vicinity in the R-10 zone.
b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to
the property or improvements in the vicinity and zone in which subject property is situated:
Granting of the variance could be injurious to the property in the vicinity. The City of Renton development
regulations that limit fence height do so in order to create a uniform standard, allow for a measure of visual
contact, and avoid unsightly barricading off of properties. While allowing this one particular fence to exceed the
height restriction may not be detrimental to the public welfare, it would set a precedence that could lead to higher
fences in the area, resulting in the injurious conditions the fence regulations are meant to inhibit.
c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses
of other properties in the vicinity and zone in which the subject property is situated:
Granting the variance, as explained in a. above, would allow the applicant to do what is not allowed of other
neighbors in the vicinity and zone in which the subject property is located. Although the applicant did have a
neighbor to the south who he found to cause him distress, there is nothing unusual about the lot or the use of
the lot from a zoning perspective that would warrant the City allowing a taller fence. If this applicant is allowed
a higher fence under these circumstances, other home owners in the area would also need to be granted these
priviledges. Granting of the variance would thus set a precedence for future higher fences in the neighborhood.
Variance Report/
City of Renton P/8/PW Department
Colee Fence Height Variance
REPORT OF NOVEMBER 15, 2006
Page 4 of 5
Administrative Variance Report and Decision
LUA06-135, V-A
d. That the approval as determined by the Zoning Administrator is a minimum variance that will
accomplish the desired purpose:
E.
1.
2.
3.
4.
F.
Staff does not believe that an eight-foot high fence will accomplish the desired purpose more than a six-foot
fence would. It is doubtful that a 60-foot segment of fence can keep cats out of the yard, regardless of how high
it is built. Cats can go around an eight-foot high fence as easily as they can go around a six-foot high fence. If
the fence was necessary to keep out overgrown vegetation, a fence meeting the six-foot maximim height would
have also met the need. The applicant could have any vegetation over this height trimmed. Since application
was made, the nuisances that the applicant was intending to protect himself from with a taller fence have been
abated. For all these reasons, the variance is not the minimum necessary for the applicant to accomplish his
desired purpose.
Conclusions
The subject site is located at 330 Park Avenue Nin the R-10, residential zone.
The City Wide Property Development Standards, RMC 4-4-040D1 (b) limit the height of side yard fences for
residential uses to four feet along the front yard portion of the side lot line, and six feet along the remaining
portion of the lot line. The fence height permitted for the side yard in this case is as high as six feet.
Staff does not support approval of the variance because it does not meet the variance criteria found in RMC 4-9-
25085.
Analysis of the proposal according to the variance criteria can be found in section D above.
Decision
The Administrative Variance for Colee Fence Height Variance File No. LUA06-135, V-A, is denied.
SIGNATURE:
Jennifer Toth Henning, Zoning Administrator
TRANSMITTED this 15" day of November, 2006 to the applicant and owner:
Jeff Colee
330 Park Avenue N
Renton, WA 98055
TRANSMITTED this 15" day of November, 2006 to the parties of record:
None
TRANSMITTED this 15h day of November, 2006 to the following.·
Larry Meckling, Building Official
Stan Engler, Fire Prevention
Neil Watts. Development Services Director
Jennifer Henning, Current Planning Manager
Variance Report.doc/
Date
City of Renton PIBIPW Department
Colee Fence Height Variance
REPORT OF NOVEMBER 15, 2006
Page 5 of 5
Lawrence Warren, City Attorney
King County Journal
Land Use Action Appeals
Administrative Variance Report and Decision
LUA06-135, V-A
The administrative land use decision will become final if the decision is not appealed within 14 days of the date of approval. An
appeal of the decision must be filed within the 14 day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). An appeal to the
Hearing Examiner is governed by Title IV, Section 4-8-11.B, which requires that such appeals be filed directly with the Hearing
Examiner. Appeals must be made in writing on or before 5:00 PM on November 29, 2006. Any appeal must be accompanied by
a $75.00 fee and other specific requirements.
THE APPEARANCE OF FAIRNESS DOCTRINE provides that no ex parte (private one-on-one) communications may occur
concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well.
All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are
public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut
the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court.
Variance Report/
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Rlii!iIDENTIA.L
~ Resource Conservation
~ Residential l du/ac
a Residential 4 du/ac
~ Residential 8 du/ac
I Rl+I I Residential Manufactured Homn
IR-LO I Re•ldentlal 10 du/ac
I R-l4 I Residential 14 du/ac
I RM-rl Residential Multi-Family
i1u1-1 I Reaidenuai Multi-Family TradJtional
IRH-U I Realdentlal Multi-Family Urban Center•
¥IX!D tJSE CTN'JER
~CentO:!rVilla,ce
luc-NI\ Urban Center -North 1
luc-112) Urban Center -North 2
[§] Cenh!r Do11'1lloll'n•
I CCR I Commercial/Office/Residential
COMMERCIAL
~ Commercial Arterial•
~ Commercial Office•
~ Commercial Nelsbborhood
JNDUSTRlAL
~ Industrial -Heavy
0 Industrial -Medium
0 Jndustrla.l -IJght
(P) Publkl,-Oll'lled
----Renton Cit,-Limit,,
---Adjacenl City Llmila
-Book Pases Boundar,
,ROLL PAGE
• May include overlay District,,. See Appendi~
me.pa. For additional re(UlaUon• in Overlay
DislricUI, please see RMC 4-3.
PAGE# INDEX
SECT/fOWNIRAMOE
Pnnled by Pnnt & Mall Services, City o1 Ren1on
City o __ enton Department of Planning I Building I Pu Vorks
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: COMMENTS DUE: NOVEMBER 10, 2006
APPLICATION NO: LUA06-135, V-A DATE CIRCULATED: OCTOBER 27, 2006 ,
APPLICANT: Jeff Colee PROJECT MANAGER: Valerie Kinas\
PROJECT TITLE: Colee Fence Hei ht Variance PLAN REVIEW: Ka ren Kittrick
SITE AREA: 4,500 s uare feet BUILDING AREA ross: 1,010 s
LOCATION: 330 Park Avenue N WORK ORDER NO: 77669
SUMMARY OF PROPOSAL: The applicant is requesting a variance from RMC 4-4-040D1(b), which restricts the height of a side yard
fence to a maximum of 6 ft .. The applicant is requesting a variance in order to retain an existing 8 ft. chainlink side yard fence with
privacy slats. The applicant justifies the variance with the necessity to protect himself from the nuisance of his neighbor's cats and
overgrown vegetation. The site is in the R-10 zone.
A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information
Impacts Impacts Necessary
Environment Minor Major Information
Impacts Impacts Necessary
Earlh Housina
Air Aesthetics
Water LinhVG/are
Plants Recreation
Land/Shoreline Use Utilities
Animals Transoortation
Environmental Health Public Services
Energy/ HistoridCultural
Natural Resources Preservation
Airport Environment
10,000 Feer
14,000 Feel
(\\ 0"-L,
B. POLICY-RELATED COMMENTS
C. CODE-RELATED COMMENTS
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas where additional information is needed to properly assess this proposal.
Da
... . .. )-
CITY OF RENTON
CURRENT PLANNING DIVISION
AFFIDAVIT OF SERVICE BY MAILING
On the 27'h day of October, 2006, I deposited in the mails of the United States, a sealed envelope
containing Acceptance Ltr & NOA documents. This information was sent to:
Name
Jeff Colee
Surrounding Property Owners
(Signature of Sender):.,.&ttrg--4, <·/.:, .·
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
Representing
Owner/ApplicanUContact
See Attached
I certify that I know or have satisfactory evidence that Stacy Tucker
signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and
purposes mentioned in the instrument. ,,,,\\,11111 11 .:::''' '(I-IN H( lt 1 ~.?:,\:··'?,m~\H,· ~:-._-.,I/I
Dated: \ o !';, .J () le \
L
Notary (Print): \:;\v,~ l n , L y I, r,
My appointment expires: ·::i -\ 't -1 o
Project Name: Colee Fence Height Variance
Project Number: LUA06-135, V-A
or ;e State of = sii~9td;;;: ~: 1
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111 Or= wp..<ci":_,,,
I 11111"'"'''
..
722400059506
COLEE JEFFREY J
330 PARK AVE N
RENTON WA 98055
756460017004
FACILITIES & OPERATIONS CTR
OFFICE OF THE EXECUTIVE DIR
300 SW 7TH ST
RENTON WA 98055
722400053004
GOTT! EUNICE M
322 PELLY AVE NORTH
RENTON WA 98055
722400047006
LINN ALDEN & TISHA
PO BOX 2288
RENTON WA 98056
722400058003
PARK AVE MALL INC
411 SW 350TH PL
FEDERAL WAY WA 98023
722400060009
RENTON SCHOOL DIST 403
435 MAIN AVES
RENTON WA 98055
722400052501
SORIANO MERCEDITAS MONILLAS
326 PELLY AVE N
RENTON WA 98055
722400051008
TERRY TIMOTHY M & NANCY A
338 PELLY AVE N
RENTON WA 98055
722400049507
ULRICH SAMSON
346 PELLY AVE N
RENTON WA 98055
722400051503
DERRY LUELLA H
900 CUMBERLAND RD
GLENDALE CA 91202
722400046503
GANUELAS JOSEPHINE
335 PARK AVE N
RENTON WA 98055
722400060504
GOYETTE MARC+MARGO
4506 FOREST AVE SE
MERCER ISLAND WA 98040
722400045000
MCCLINTON MACK+JENNIFER
323 PARK AVE N
RENTON WA 98055
756460018101
PLAVIDAL GARY S+OLGA
1204 N 3RD ST
RENTON WA 98055
722400044003
SABOUR-MOHAJER HOSSEIN
5031 RIPLEY LN N
RENTON WA 98056
722400059001
STEPHENSON GORDON ET AL
8001 14TH AVE NE
SEATTLE WA 98115
722400052006
TIDBALL MARCIA K
330 PELLY AVE N
RENTON WA 98055
722400046008
DOBSON WYMAN K
PO BOX 59
RENTON WA 98057
722400062005
GHIOTTO GAYLE
350 PARK AVE N
RENTON WA 98055
722400061502
HAHN TODD M+CASSANDRA M
1350 INDEX AVE NE #2
RENTON WA 98056
722400061007
NW FOUR SEASON LANDSCAPING
l&E MIRACLE PRODUCTS
PO BOX 1441
RENTON WA 98057
722400053509
POZZI MICHAEL F+MARY E
17822 SW 102ND ST
RENTON WA 98059
756460018002
SMITH GREGG
6811 RIPLEY LN N
RENTON WA 98056
722400047501
SUMM'S INC
547 PELLY AVE N
RENTON WA 98055
722400050505
TOURANGEAU JAMES L+KARYN L
340 PELLY AVE N
RENTON WA 98055
NOTICE OF APPLICATION
A Muter Application has been filed and ~ccapted with the Develop men! Services Division of the City of Renton.
Th• following brlefty describe& the application and the necHnry Publlc Approv•br..
PROJECT NAME/NUMBER: Colee, Fe~ce He,ghl Variance I LUAOS-135, V-A
PROJECT DESCRIPTION: The applicant ,s requesting a ..anance trom RMC 4-4-04001(b), wt1ich restncW
the he;ght of a si~ yard fence to a max mum CJ' 6 ft .. The applicant is requesting a vanance ,n order to retain an ex1sbng 8
ft chainlink side yard lence will> orivacy slal5 The applicant Just.ties the valiance wrth the necessity lo p,oteo::t him sell
Imm the nuisance of his neighbo~s ca:s and overgrown vegetallO!l. The site is in the R-10 zone.
PROJECT LOCATION:
PUBLIC APPROVALS:
~30 Pa,k Avenue N
Adm1n1stra1,ve V,mance approval
APPLICANT/PROJECT CONTACT PERSON Jet' Cc lee, Tel: 1425) 277-90D9
Comments on th• above, application must be submitted ln writing lo Valerie Klnast, Assoc;late Pi.nnar,
Development ServlcH Dlvl&lon, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on Novemb.er 10, :2008, II
you havt1 questions about 1h,s proposal. or w,s~ lo be made a party of =•d and ra<:<!;\ffl addlt,ona_l not1hcat1on by mail,
contact the Project Manager al 1425) 430-7273 Anyone who submits wntten comments will automatically become a party
of record and will be notilled cl any cec1s1on on t~1b project
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER F1LE IDENTIFICATION
DATE OF APPLICATION;
NOTICE OF COMPLETE APPLICATION:
DATE OF NOTICE OF APPLICATION:
October 17, 2006
October 27, 2006
October 27, 2006
If you would like to be made a p.:art,· of reco·d to receive further informatlon on this proposed pro;ect, complete this lorm
and return to: Ci1y of Renton, Development Planning 1055 South Grady W,t,J, Renton. WA S8055
Fde Nam"/ No Colee Fence Hc,ghl Variance I LUA00-135. V-A
NAME.-------
MAILING ADDRESS.----------------------------
TELEPHONE NO· --------------
CERTIFICATION
I, ~I:{ b'Ets:Ei:.. , hereby certify that 5 copies of the above
were posted by me in _2._ conspicuous places or nearby the describe
SIGNED:
·\-CL-'-""'~"'-""'l<!"'"j «!'.:...__, on the d I 't"'-day of Cr ;\1., / ··'--c'.l
.,;~Y 0 :~~
(ii~~ ~NifO
NOTICE OF APPLICATION
A Master Application has been filed and accepted with the Development Services Division of the City of Renton.
The following briefly describes the application and the necessary Public Approvals.
PROJECT NAME/NUMBER: Colee Fence Height Variance/ LUA06-135, V-A
PROJECT DESCRIPTION: The applicant is requesting a variance from RMC 4-4-040D1(b), which restricts
the height of a side yard fence to a maximum of 6 ft.. The applicant is requesting a variance in order to retain an existing B
ft. chainlink side yard fence with privacy slats. The applicant justifies the variance with the necessity to protect himself
from the nuisance of his neighbor's cats and overgrown vegetation. The site is in the R-10 zone.
PROJECT LOCATION:
PUBLIC APPROVALS:
330 Park Avenue N
Administrative Variance approval
APPLICANT/PROJECT CONTACT PERSON: Jeff Colee; Tel: (425) 277-9009
Comments on the above application must be submitted in writing to Valerie Klnast, Associate Planner,
Development Services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on November 10, 2006. If
you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail,
contact the Project Manager at (425) 430-7270. Anyone who submits written comments will automatically become a party
of record and will be notified of any decision on this project
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION
DATE OF APPLICATION:
NOTICE OF COMPLETE APPLICATION:
DATE OF NOTICE OF APPLICATION:
October 17, 2006
October 27, 2006
October 27, 2006
Jf you would like to be made a party of record to receive further information on this proposed project, complete this form
and return to: City of Renton, Development Planning. 1055 South Grady Way, Renton, WA 98055.
File Name I No.: Colee Fence Height Variance/ LUAOB-135, V-A
NAME:
MAILING ADDRESS: _____________________________ _
TELEPHONE NO.: --------------
CIT' OF RENTON
Planning/Building/Public Works Department
Gregg Zimmerman P.E., Administrator
October 27, 2006
Jeff Colee
330 Park Avenue N
Renton, WA 98055
Subject: Colee Fence Height Variance
LUA06-135, V-A
Dear Mr. Colee:
The Development Planning Section of the City of Renton has determined that the .
subject application is complete according to submittal requirements and, therefore, is
accepted for review.
You will be notified if any additional information is required to continue processing your
application.
Please contact me at (425) 430-7270 if you have any questions.
Sincerely,
Valerie Kinast
Associate Planner
-------,o-5-5-So_u_th_Gr-ad_y_W_a_y---R-en-to_n_, -W-as-h-in-gt-on-9-80_5_5 ______ ~
@ This paper contains 50% recycled material, 30% post consumer
AHEAD OF THE CURVF.
.
SPECIAL FEN~E
PERMIT
APPLICATION
CIT-~~tN~~~
Develop1 .. ~ .. t Services Division
1055 South Grady Way, Renton WA 98055
Phone: (425) 430-7200
ALL REQUESTED ITEMS MUST BE PROVIDED
IN ORDER TO PROCESS TldlS APPLTCAttON
OCT ·, : -,-1 i 1,·-,
1. Property Address: _ _."c.: .,._. ~__:(:.:.>_--1._-J.!._/:.:., :_' ·.:_I"_: • __ ._ • ..:.'-:.:.C:.:.' _.:./'_"':.:.· --------------"'"--
2. Tax Assessor Number: 7 ?-7-1-c-. _--;;;.<6 SC( S
3. Property Owner:_""')c.'-'::.".;.-r..: .. ,:.:.;-_.;a(~t:.'--.--_· (_-L=----------Phone: f:Z S Z: 7 ';Jo.:., :Y
--l.'.l---Street Address: __ :.:.~'-'-'-'_._-"'-_'_' _______ City/State:
4. Contact Person: -----"'s'----17--'--"_~,_/_t..c.... _____ Daytime Phone:
,
5. Maximum Height of Proposed Fence: __ ' ______________ _
6. Type of Material to be Use for Fence:. _;i_/c..>:.:.:11--'t'--l-A.._'_""l-''--'·":::)'--K-'. -::....--=.(,..:,v~6-=-I--·:.:.l_-.:_IJ_,(.:...:.i......:..'2
-J
7.
8.
---,
Distance from Proposed Fence to Property Line:_---"(_'-_:_l_'J_· --'-------
Project Value:$ 7 CJ()~
9. Describe Landscaping to be Installed (if any):. ________________ _
I certify that the information on this application furnished by me is true and correct and that the applicable requirements of
the City of Renton will be met. I understand that this application is valid for six months from the application date_ If a permit
is not issued during this time period, the application will become void. This application does not constitute a permit to work.
Work is not to commence until the building permit is posted on premises where work is to be performed. Certification is
hereby rendered that no work is to be done except as described, and that all work shall conform to the applicable codes_
Work in public rights-of-way and/or utility easements is not authorized under this application_
Applicant Signature: ----</;;.....'..,,_/_'_-'------"'''------:--.:.' ..;._ ___ _
Q:wcb\pw\devserv\fonns\building\BuildApp.doc Rev 3/03
...
(-, ,,
(1 \,.../ j
.;/ CIT ... OF RENTON '\c'):Y 0
~~": _/., Planning/Building/PublicWorks Department
~~<:;--K•a-th•y•K•e-ol-ke_,_. M_•y_o_, _______________ G_r_e_gg_z_im_m_e_,m_a_n_P_.E_._,_A_d_m_i_n_is-tr_a_to•r __ _
N'l' ORDER TO CORRECT
Date: 05-02-2006
Location of Violation:
Owner(tax-payer):
Issued To:
Address:
/'
/Li
\ \.9
330 PARK AVE N
COLEE JEFFREY J
COLEE JEFFREY J
330 PARKA VEN
RENTON WA 98055
Service Request No. SR06-0470
Violation Index No. C06-0165
An inspection of the above premises revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below.
Compliance or corrective action must be completed by 06/02/2006. If voluntary compliance is not achieved, a Criminal
Citation l\1A Y be issued. The penalty for a Criminal Citation, upon a finding of guilt may be up to ninety (90) days in jail and
up to a $1000.00 monetary fine.
CODE SECTION CITED:
DATE OF INVESTIGATION:
DESCRIPTION OF VIOLATION:
CORRECTIVE ACTION:
Renton Municipal Code 4-4-040 D 2 c
04/28/2006
FENCE HEIGHT
THE CITY OF RENTON HAS ADOPTED REGULATIONS GOVERNING FENCE HEIGHT FOR
RESIDENTIAL PROPERTIES, THE MAXIMUM HEIGHT OF A FENCE LOCATED ON THE SIDE
LOT LINE IS SEVENTY TWO (72) INCHES.
IN THIS REGARD BY JUNE 2, 2006 LOWER THE FENCE TO A MAXIMUM HEIGHT OF
SEVENTY TWO (72) INCHES ON THE SIDE LOT LINE.
Issued By: Paul Baker
Code Compliance Inspector
Planning/Building/Public Works Department
Development Services :Civision
Phone No: 425-430-7386
_______ 1_0_5_5-So_u_th_G_r_a_dy-W-ay--R-e-n-to_n_, -W-a-sh-in_gt_o_n_9_8_0_55 _______ ··~
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