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Home My WebLink AboutReport 01PARTIES OF RECORD CONNER HELIPORT LUA07-097, TP Mark Hancock PO Box 88811 Seattle, WA 98138 (party of record) Bill & Debra Keppler 2805 Mountain View Avenue N Renton, WA 98056 (party of record) Vicki Richards 3605 Lake Washington Blvd N Renton, WA 98056 (party of record) Nabil Hamaeh 2908 Lake Washington Blvd N Renton, WA 98056 (party of record) Robert & Noreen Burr 3013 Mountain View Avenue N Renton, WA 98056 (party of record) Karen Wakefield 1101 N 27th Place Renton, WA 98056 (party of record) Lisa Lord 3307 Mountain View Avenue N Renton, WA 98056 (party of record) Kent Phillips 3119 Mountain View Avenue N Renton, WA 98056 (party of record) Daniel H. Johnson III 3233 Mountain view Avenue N Renton, WA 98056 (party of record) Randy Ritualo 701 N 30th Street Renton, WA 98056 (party of record) Updated: 02/28/08 Jerry, Mary & Kelly Brennan 3405 Lake Washington Blvd N Renton, WA 98056 (party of record) Nancy Porter 3205 Mountain View Avenue N Renton, WA 98056 (party of record) John Burroughs 2815 Mountain View Avenue N Renton, WA 98056 (party of record) Marsha Spengler 2902 Lake Washington Blvd N Renton, WA 98056 (party of record) William & Janice Stoneman 3101 Mountain View Avenue N Renton, WA 98056 (party of record) Kim Bowden 2727 Mountain View Avenue N Renton, WA 98056 (party of record) R.C. 5. Marshall 2909 Mountain View Avenue N Renton, WA 98056 (party of record) Colleen Lindberg 3111 Mountain View Avenue N Renton, WA 98056 (party of record) Tom Dahlby 3213 Mountain View Avenue N Renton, WA 98056 (party of record) Joan Rosling 1023 N 34th Street Renton, WA 98056 (party of record) Eddi Shajari 3009 Mountain View Avenue N Renton, WA 98056 (party of record) Darius Richards 718 N 30th Street Renton, WA 98056 (party of record) Richard Bisiack 2801 Mountain View Avenue N Renton, WA 98056 (party of record) Don L. Savoy 3015 Mountain View Avenue N Renton, WA 98056 (party of record) Greg & Karen Krape 1101 N 27th Place Renton, WA 98056 (party of record) Lori Larson 2727 Mountain View Avenue N Renton, WA 98056 (party of record) Martha C. Klingen 3014 Lake Washington Blvd N Renton, WA 98056 (party of record) James Reynolds 3004 Lake Washington Blvd N Renton, WA 98056 (party of record) R.L. Goetz 3209 Mountain View Avenue N Renton, WA 98056 (party of record) Karen Black 911 N 34th Street Renton, WA 98056 (party of record) (Page 1 of2) PARTIES OF RECORD CONNER HELIPORT LUA07-097, TP Patience Pia no 1110 N 34th Street Renton, WA 98056 (party of record) Steve & Marcie Maxwell PO Box 2048 Renton, WA 98056 tel: (425) 466-8000 (party of record) Mike Lowry 3326 Park Avenue N Renton, WA 98056 (party of record) Robert Ziegler 922 N 34th Street Renton, WA 98056 (party of record) John Hempelmann Cairncross & Hempelmann, P.S. 524 Second Avenue ste: #500 Seattle, WA 98104 tel: (206) 587-0700 (contact/ party of record) Updated: 02/28/08 Kelly Grace & Peter Spouse 3011 Mountain View Avenue N Renton, WA 98056 (party of record) Martin & Pegi Galster 2907 Mountain View Avenue N Renton, WA 98056 (party of record) Marc & Kaaren Pritchard 2807 Mountain View Avenue N Renton, WA 98056 (party of record) Jim & Laura Morgan 3103 Mountain View Avenue N Renton, WA 98056 tel: (425) 271-9559 (party of record) Monica Fix 3007 Mountain View Avenue N Renton, WA 98056 tel: (206) 321-6154 (party of record) Charles F. Conner 3001 Mountain View Avenue N Renton, WA 98056 eml: cfc@connerhomes.com (owner/ applicant/ contact) Gary & Helen Young 3115 Mountain View Avenue N Renton, WA 98056 tel: ( 425) 228-0408 eml: letyoung@aol.com (party of record) Roger & Marlene Winter 2731 Mountain View Avenue N Renton, WA 98056 (party of record) (Page 2 of 2) + iMAP ~S~;\~ . G.A'5T'e!:~ f t,1.11,'l(~fc.L.L. 9t>~~Cv<.H ~ c.o~BJ'.., 7 ~ L'1Ur./ I ·z 3 26 ,0 2625 2951 2926 29·!0 .!61 5 016!:i OISO OHO 1626 Ol/6 0.?06 000!) 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This document is not intended fo, use as a survey product Kin g County shall not be l iable for any general. special , mdirect, incidenta~~r;n~ damages including, but not limited to. lost revenues o r lost profits resulting from the use o r misusa of the info miation contained on . . y le il' this map 01 information on this map Is prohibtted except b y written pem,isslon of King County. I.. D°W King County Data: 8/7 /20(JT Source: King County iMAP • Property lnto,mation (httpJlwww.melrokc.gov/GISfoMAP) CONNER HELIPORT 3312HJ3890 3312103!1115 33121039[)6 33(21039[)5 J3.f2103920 33(210392<1 33(21031130 • 33<121031:HO Lake Washington 33.f21039~ 3J.f2 l03!l8S 312<t0SrlYDR + 33(2,0<IOlO 0 The information included on this map has been compiled by King County staff from a variety of sour""jji~\l,i$1~ to change without notice. King County makes no representations or warranties, express 0< implied, as to accuracy, completeness, tin'lelliieU;'~ ~ of slJl'tl,iofo,mation. This document is not intended ror use as a survey product. Kl~ County shall not be liable for any general, •~r ind~. ldbk!tliital,>or'~~ntiat damages induding, but not limtted to, lost revenues °' lost profit$ resulting from the use 0< misuse of the infcim'r&li6n1<:d<,lainld !)fl~-Any sale of this map or information on this map is prohibited except by written permission of King County. Date: 8/29/2007 Source: King County iMAP • Property lnf0<mation (http://www.metrokc.gov/GISriMAP ) RECEIVED 100ft ti King County JEVELO?MFN: PL.AN~iiNG C!TY OF PD rrm J AUG 3 0 2007 RECEIVED DEVELOPMENT PLAN~JING CITY OF PD ff OM AUG 3 0 2007 RECEIVED i \ __ J I ,, J I , -_J I I I i --------i I I / 34 I ' C I --llij ' ' - -_\ll -, .__, I I ,f' D1l.1Y£ _,. ~I ii I I ~ ,~~ ..... ::::: r- -S' - ,. 24 ................... ---r ~ -------· -----i 1--2,l=:---. ,-•· I "' --- 24' ---_ /. -l--: . .: ' Gi'---, -i,·J/\1' .,. ?>· _,._ -24 0'·, •, o<b ,,, -.-.-. /' ... ..,. ;. -11 .. , I ,. ! ' 2& ,.,. 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' ~ -~ ---r:::::::::' \ / 1\_,t__ I I \l-i-,c-_ • ,"v-.r 0 11 IG ,£.[)._ "' ~,.,, &? >f- e' I I EX1STl1'k:s ·-DOCK GRADE -EXISTINu GP,A,DI! -l"IOOl"OeED - L.OT COVEf'<AuE 28 • Flfi!E HYDRANT T A c~ COVEf'<AuE 5n.LICTU- CRIPTION LEGAL DEtNT AIN VIEW 300:.t MO AVE, NE NORTH Job no, AUi-i li rawn b\J• Cl-lARLIE _, Parcel Name 334210038504 BILTI SIMON JR+CECILIA M 312405900407 BURLINGTON NORTHRN SANTA FE 334210390509 BURR ROBERT H 334210401009 BURROUGHS JOHN D 334210394006 CONNER CHARLES F 334210402908 CORBETT RICHARD F 334210040005 DOBSON STEVEN L 334210398502 DUBOIS PEGGI L+GALSTER MART 334210393008 FIX M MONICA 334210048503 HAMADEH NABIL & GHADA 334210038009 KINGEN MARTHA C 334210395300 MARSHALL R C B 334210400902 MAXWELL STEVEN A+MARCIE E 334210039007 MERRELL JACK D+RITUALO JOAN 334210389006 MORGAN LAURA S+JAMES C 334210048008 RITUALO RANDY & LINDA 334210390608 SAVOY DONALD L 334210392406 SHAJARI ABDE+GINA 334210047505 SPENGLER SCOTT R+BAIN MARSHA D 334210392000 SPOUSE PETER+KELL Y GRACE 334210389501 STONEMAN WILLIAM C Adr1 3008 LAKE WASHINGTON BLVD N ATTN: PROP TAX 3013 MOUNTAIN VIEW AVE N 2815 MOUNTAIN VIEW AVE N C/0 CONNER HOMES COMPANY 2811 MOUNTAIN VIEW AVE N 1008 N 33RD PL 2907 MOUNTAIN VIEW AVE N 3007 MOUNTAIN VIEW AVE N 2908 LAKE WASHINGTON BLVD N 3014 LK WASH BLVD N 2909 MOUNTAIN VIEW DR PO BOX 2048 12536 206TH PL SE 3103 MOUNTAIN VIEW AVE N 701 N 30TH ST 3015 MOUNTAIN VIEW AVE N 3009 MOUNTAIN VIEW AVE N 2902 LK WASHINGTON BLVD N 3011 MOUNTAINVIEW AVE N 3101 MT VIEW AVE N Adr2 CityState RENTON WA PO BOX 96189 FORT WORTH TX RENTON WA RENTON WA 846 108TH AVE NE BELLEVUE WA RENTON WA RENTON WA RENTON WA RENTON WA RENTON WA RENTON WA RENTON WA RENTON WA ISSAQUAH WA RENTON WA RENTON WA RENTON WA RENTON WA RENTON WA RENTON WA RENTON WA Zip 98056 76161 98056 98056 98004 98056 98056 98056 98056 98056 98056 98056 98056 98027 98056 98056 98056 98056 98056 98056 98056 ~ ZONING CDR a,;;. &;] -~ ~ ~§ R-8 ro I R-8~ (}'. 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B a'9T24N R5 )457: i C4 32T24N' A5E' 456 459 i 85_J 86 2.8 T24N ASE I.Al<EIIOllN 27 T24N ASE , , ' 26 T24NA5E 458 ·450 C5 C6 -c7 3a~N FJ,.E----; 351I24N ASE 306 "908 309 _D1 D3 \04 2123N R4E i1 23N R4E E2 1 T-3N>R4E 12T23NR4E D 32b', 326 ' F1\\-~~ 4 T23N ~4£ ·\ .13 T23N R4E 334 G1 3 T23N R4E \335 'l:s2 2.4 .123~ A4E 34 . . r l Hl2 2S°T23!1,J R4E ,35f ;-'L ____ ~ r 12 16T23N ASE· 336 G3 19 T23N ASE 600 H3 30 T23N ASE 603 ----is ' 36 T23N R4E · -31 T23 ASE 22N R4E 607 J2 1"T22N R4E 6 T22N ASE BESJDENTTAL ~ Resource Conservation ~ Residential 1 du/ac g Residential 4 du/ac ~ Residential 6 du/ac ~ Residential Manufactured Home& ~ Residential 10 du/ac I R-141 Residenti:111 1-4 du/ac j RM-ti Residential Multi-Family 11:3N R5E 319 E4 8 T23N R5E 328 F4 17 T23NR5E 337 29 Z3N'ASE ~4 I ~t 14 32i23N ASE 4 T23N flSE 369 E5 9T23N ASE 370 F5 16 T23N R5E: 371 602 H5 28 T23N ASE 605 15 ' 33 T23N ASE 610 81 o 8n:1 ~1?7 1 .T23N ASE 14 T23N.RSE 81.5 l 816 .._ __ ......-,. 820 821 H6 27 T23N ASE 26 T23NRsE. 825 16 17 34 T23N ASE 35 T23N ASE 632 833 J6 J7 5 T22N ASE 4 T22N ASE 3 T22N ASE MIXED USE CENTER ~ Center Village iuc-Nl I Urban Center -North 1 luc-N21 Urban Center -North 2 ~ Center Downtown• ~ Commercial/Office/Residential CQMMERClM !NDUS1;Jli1AL , ' W Industrial -Heavy 0 Industrial -Medium 0 Iodu~trial -Ught (P) Publicly owned -----Renton City Li.mila ---·-Adjacent City Llmits -Book Pages Boundary c 25 8 ~ 36 8 U yOUl 1T2 jR11-TI. Residential Multi-Family TrsdlUonal IRM-U i Residential Multi-Family Urban Center• ~ Commercial Arterial• ~ Commercial Office• 0 Ct>mm.ercial Nei,ghborhood KROLL PAGE Printed by Print & Mail Services, City of Renton • Nay include Overlay Dlatri~. S~e Appeodi:a: maps, For additional re,11:ulations m Overlay Dil!ltricll!I, pleaBe see RNC 4-3,, PAGE# INDEX SE:CliTO...,.,•l'!AtlGE STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a bi-weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a bi-weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on April 26, 2008. The full amount of the fee charged for said foregoing publication is the sum of $79.80. 'Fo/?ti? ::?1' -WdS mda M. Mills Legal Advertising Representative, Renton Reporter Subscribed and sworn to me this 26th day of April, 2008. or the State of Washington, Residing NOTICE OF APPEAL HEARING RENTON HEARING EXAMINER RENTON, WASffiNGTON An appeal Hearing will be held by lhe Renton Hearing Examiner in the Council Chambers on the seventh floor of Renton City Hall, 1055 South Grady Way, Renton, Washington, on May 62008 at 10:00AM to consider the following petitions: Conner Helipon Temporary Use Permit Appeal LUA07-097. TP Location: 300 I Mountain View Ave N. Two appeals have been filed regan:ling the graming of a Temporary Use Permit to allow the use of an existing site a" a private helicopter landing and takeoff area. The site is on private property within the R-8 Zoning designation. Legal descriptions of the files noted above are on file in the City Clerk's Office, Seventh Floor, City Hall, Renton. All interested persons are invited to be present at the Public Hearing to express their opinions. Questions should be directed to the Hearing Examiner at 425-430-6515 Published in the Renton Reporter on April 26. 2008. #70737. ,,_-.,."\"\\\\I\\\• ...::. , ..... ·. . ; , . : i \II --·"\ \ ' 't .. "°' 1,, ..::-, . , .. .:::i/,"-I = tS'"' <·:~ . ._.,.vN r/'1 11 \. r'\ /// ;: "'<:: ::-•,\'.:, -t.¢.11 1 \)' I =: 3-~ o1A!r ~ 1 1,. ~ ,,.,. ;:" 0 ~ ~ ~'; ~ .,,,. ;:.:u /JI,:, , i % ~-. -§ ~ 'l. ~\ Us\.'CJ f 2 ::; ~ -9 '•,,1 . 19 \'-2 £?:: ,, /' i, J-r ~-~ = ,, "° . ·"'"''"'' "'0 : 111 C ,' ,s0' ..:::" jl , . r"' ....._,' 11\\\1'. . ........ , ...... STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a hi-weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a bi-weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County, The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on March 8, 2008. The full amount of the fee charged for said foregoing publication is the sum of $79.(;0. NOTICE OF APPEAL HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON An appeal Hearing will be held by 1he Renton Hearing Examiner in the Council Chambers on the seventh floor of Renton City Hall, ! 055 South Grady Way, Renion, Washington, on March 18, 2008 at 9:00 AM to consider the following petitions: Conner Heliport Temporary Use Permit Appeal LUA07-097, TP Location: 3001 Mountain View Ave N. Two appeals have been filed regarding the granting of a Temporary Use Permit to allow the use of an existing site, located at 3001 Mountain View Drive, as a private helicopter landing and takeoff area. The site is on private property within the R-8 Zoning designation. Legal descriptions uf the files noted above are on file in the City Clerk's Office, Seventh Floor, City Hall, Renton. All interested persons are invited to be present at the Public Hearing to express their opinions. Questions should be directed Lo Lhe Hearing Examiner at 425-430-6515. Published in the Rcmon Reporter on March 8, 21!08. #55334. 3fi?41 k i?74 .;:-··· :-{ OAL ~. .:::-,{_0 ""'""·'1111, ....,. ( ', I..... ........ N ~ Ii \..; = n-~'"t::,\0 ,;;;.if,<i, 1,( -,~~ ~II Cin°da M. Mills Legal Advertising Representative, Renton Reporter Subscribed and sworn to me this 10th day of March, 2008. ::= ,.r =~ o1.Allr ~\ ,. ~ §# ~ tfl 1 S: .,,,,. ~o -:;; z -/ ::;; LJ -;;; .,.,. / .,,, (J -o--1 \ '°Os'-'" .,._j J-.. ;. ~ (j'I ,,, n}\~ 0::: 'l ->, ,,,,1 u-~" ,,· ~ -,, "fl'. 11 11111,,,,,.,, ........ ~ ..:;:: -/ I U{Jt-£.~ A~...u?C~ 11 11 1 ~ OF W1'S ,,.:::C It I· ~ ' cil.7 r ~ '·· t'drthe tate of Washington, Residing 111111 11\W•''''' AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON) ) ss. County of King ) Nancy Thompson being first duly sworn, upon oath, deposes and states: That on the 3'ct day of June 2008, affiant deposited via the United States Mail a sealed envelope(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. Signature: SUBSCRIBED AND SWORN to before me this S~day of=\~. =----.Q,,,&~_., 2008. Application, Petition or Case No.: Conner Temporary Use Permit Appeal LUA 07-097 The Decision or Recommendation contains a complete list of the Parties of Record. on HEARING EXAMINER'S REPORT OFFICE OF THE HEARING EXAMINER CITY OF RENTON June 3, 2008 REPORT AND DECISION APPELLANTS: Pegi Galster RESPONDENT: LOCATION: 2907 Mt. View Avenue N Renton, WA 98056 Joan Rosling 1023 N 34th Street Renton, WA 98056 Charles F. Conner 3001 Mt. View Avenue N Renton, WA 98056 John Hempelmann Attorney for Mr. Conner 524-2"d Avenue Seattle, WA Ann Nielsen, Assistant City Attorney City of Renton File No.: LUA 07-097 3001 Mt. View Avenue N SUMMARY OF APPEAL: Appeal of Temporary Use Permit PUBLIC HEARING: After reviewing the Appellants' written requests for a hearing and examining available information on file, the Examiner conducted a puhlic hearing on the subject as follows: MINUTES The following minutes are a summary of the May 6, 2008 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, May 6, 2008, at 1:35 p.m .. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. Parties present: Pegi Galster, Appellant Joan Rosling, Appellant Charles Conner, Respondent John Hempelmann, Attorney for Mr. Conner and Ms. Simpson Ann Nielsen, Assistant City Attorney for City of Renton Conner Heliport Temporary Use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 2 The following exhibits were entered into the record: Exhibit No. 1: Yellow File for LUA 07-097, containing the original application, various reports, correspondence file, and Staff analvsis. Exhibit No. 3: Large Map of the area in question Exhibit No. 5: Aerial Photograph of the Conner Site Exhibit No. 7: High Velocity Curve drawing Exhibit No. 9: Petition with signatures of supporters on Mt. View Avenue North Exhibit No.11: Aerial views of the Site Exhibit No. 2: Yellow file, LUA-08-004 ECF, by reference for the SEP A Appeal Exhibit No. 4: Small Zoning Map Exhibit No. 6: Noise Codes Exhibit No. 8: Picture of Helicopter similar to Mr. Conner's. Exhibit No. 10: Flyer "Your Voice Is Needed" regarding helicopters flyin!l: in the Kennvdale area Exhibit No. 12: Waterside View of Subject Site, Fix property and a treed lot. Mr. Hempelmann asked to move to dismiss the appeal of Joan Rosling, he did not believe that she had standing to be in the hearing as an appellant. She has already testified as a member of the public and could do so again. The criteria stated in the Temporary Use Permit refers to detriment or injury to surrounding uses or property and also nuisance to surrounding property. The map (Ex. 3) shows the site of the TUP of Mr. Conner's helicopter, there is a circle of 1,000 feet in radius, further note that Mrs. Rosling lives approximately 2,000 feet away from the site. Her property does not appear to be a surrounding use and is not in the vicinity. Ann Nielsen stated that the City would join in that motion. The Examiner stated that he was reluctant to find no standing, one cannot tell from the map whether she would be injured or not. He will not dismiss at this point. Joan Rosling stated the Mr. Conner built an illegal heliport without a proper permit. When the City was apprised of the fact that there was a helicopter flying in and out of a private home on Lake Washington, it should have stopped the activity immediately and preceded with the impact studies that are required by code and the Master Shoreline Management program. The City did not do this and instead issued Mr. Conner a Temporary Use Permit. The City's rationale was that the residents on the lake are allowed seaplanes for personal and recreational use and so helicopters should be allowed as well. This is not Mr. Conner's personal helicopter, it is registered under Conner Homes, Inc. and is used for business purposes, not recreational. They have been trying to have this hearing since last October, every time a date was set Mr. Hempelmann came up with a conflict. These delays have allowed Mr. Conner to fly around the neighborhood and over their homes. She has seen him flying low over Kennydale Hill to land his helicopter at his home. She can hear him flying up the channel while inside her home. The Master Shoreline Program states that a 25-foot buffer zone must be maintained in natural vegetation in order to protect the lake from hazardous materials. The City has turned a blind eye and ignored this regulation by allowing Mr. Conner to construct and maintain his landing pad within the buffer zone without the proper permit. Should there be an oil or gas spill from this helicopter, it would go directly into the lake, as there is no containment to prevent this from happening. Conner Heliport Temporary Use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 3 She requested that the Temporary Use Permit be reversed immediately. No noise impact statement has been conducted from her house even though she has seen the helicopter coming in over the Kennydale Hill quite a few times. Mrs. Galster stated that her husband was at sea and unable to attend the hearing today, therefore, she is reading a statement that they prepared for today. It is their belief that the Temporary Use Permit was granted erroneously for the following reasons; RMC 4-9-248 was quoted. There is nothing in the public record that indicates an onsite investigation was undertaken or that data specific to this site and the proposed use were gathered and analyzed. The public record contains primarily non-expert input and the City of Renton environmental and development application review sheets. There is no back up documentation to suggest that the decision criteria listed were researched in any appropriate manner to an unprecedented development. If the use and compatibility were studied by the City for the use and operation of a helipad on the shoreline as required, there is no detailed or specific evidence of such in the file or public record. For the purposes of this appeal, it must be deemed to not exist. In a letter dated September 28, 2000 to parties ofrecord from the Planning, Building and Public Works Department approving the Temporary Use Permit, one of the justifications cited for approving the permit states that the City of Renton Municipal Code does not currently address the specific use of a private heliport in any zone within the City. RMC 4-3-090 allows private seaplanes bases, and a single private seaplane is allowed per residence. In making this determination the City failed to take note of the fact that by regulation the seaplane would be more similar to a boat. A helicopter taking off from the shore is much closer in proximity to land and homes than a seaplane or floatplane is allowed to be. The restrictions on seaplanes obviously stem from the noise and safety restrictions. The only indicator in the record that noise was researched in any way is an e-mail, which notes various decibel levels for various types of machinery. There is no indication that a distinction was made between a helicopter about to takeoff at the shoreline and a seaplane doing the same at a regulated distance off the shoreline. The sole research done into the noise levels prior to issuing the permit found that the median range of the decibel levels of helicopters is indeed higher than that of a seaplane or floatplane. One city does require a helicopter to land and takeoff from an offshore platform a distance away from people, homes and property rather than on the shoreline. The September 28, 2000 letter further states that the landing pad consists ofa portion of the existing driveway. No construction has been proposed. There is no requested permit for development or construction associated with this Temporary Use Permit. Subsequently no fill or excavation, tree removal or construction will take place. The only request is for a pre-existing area on the property to be used as a heliport. The Temporary Use Permit allows for a privately owned helicopter to land and takeoff from an existing concrete paved area. The City seems to have placed a considerable amount of weight on a proposed pre-existing nature of the helipad and at the same time indicates that the City's understanding of events leading up to submittal of the permit application was substantially in error. The application was filed after the completion and operation of a new home on the property in question. This construction included a landing pad and hanger, the later an integral part of the residence. By all reasonable appearance, this was intended for use by a helicopter situated on a portion of the lot immediately adjacent to the shoreline where no structure or hard surface had previously been established. This can clearly be seen in pre-construction photographs. The City has confirmed that the helipad does encroach on Class 1 shoreline and significant buffer zones. The applicant applied for and received on July 28, 2006 a certificate of exemption from the shoreline substantial development permit for repairs and maintenance to the existing gazebo and bulkhead. There was no record of any such certificate for the newly constructed helipad. The City appears to have failed to note discrepancies and the available public record appears to indicate that the requirements of the shoreline master plan for new construction within the buffer zone. The Temporary Use Permit should be revoked as the application omits a Conner Heliport Temporary use Permit Appeal File No.: LUA-07-097 June 3, 2008 Pagc4 substantial and relevant fact and the failure to correctly apply the Shoreline Master Plan is a detriment to public welfare, which the City failed to note. 5) The appellant himself notes the appropriateness of environmental review. In an e-mail to Erika Conkling, Mr. Conner states that the concern of the Muckleshoots is with the construction or clearing for a helipad rather than simply landing on an existing surface. That project would require environmental review and since the revision is simply zoning their concerns don't appear relevant until such time as someone does propose a clearing or a construction project. Jennifer Henning, current planning manager, stated that the applicant failed to disclose that he was building a helipad and showed that area on the plans as a driveway. Accordingly, they believe this permit should be revoked. Ann Nielsen stated that Jennifer Henning would be giving a presentation that addresses some of the allegations that were raised by both appellants. When the TUP was issued, the City incorporated and contemplated the decision criteria that are set forth in sub 8, Ms. Henning will go over each and every one of those provisions. Jennifer Henning, Current Planning Manager stated that the project site is located at 3001 Mountain View Avenue N. A portion of the property is actually located within the lake. She will be talking about the half-acre part of the site that is the upland portion of the site and is 24,800 square feet in size with approximately 118-feet of shoreline with a depth of approximately 210-feet. The project is located in the R-8 zone. On August 30, 2007 Mr. Conner applied for a Temporary Use Permit with the City of Renton in order to land and takeoff from his private residence with a helicopter. On September 7 the application was accepted as complete, which commenced a 14-<lay comment period. The application was triggered by a phone call requesting the permitted hours of operation for a helicopter in an R-8 zone. Helicopters were not allowed as a permitted use in the R-8 zone and the Code Compliance group contacted Mr. Conner and informed him that they had received a complaint and asked him to cease flying his helicopter until such time as he could obtain the necessary permits. The R-8 zone has no indications for helipads. The zoning tables show the boxes blank within all residential zones with allowance for helipads within industrial and commercial zones subject to Hearing Examiner Conditional Use. It was never anticipated that a helicopter might be used in a residential zone, the code did not address that issue. It was suggested to Mr. Conner that the only way he could legally operate a helicopter in a residential zone at this time would be to obtain a Temporary Use Permit, which allows a short term use while he sought a code change. The Temporary Use Permit requires posting of public notice in three locations on or near the property. The 14-<lay appeal period commenced on September 7 and concluded on September 21, they received comments via e-mail and letter. There was a total of63 responses, 55 were in support of the application and 8 opposed. One of the opposed did contact the City and asked to be changed to a supporter of the application. A map was shown of the subject property and adjacent properties. A Temporary Use Permit can be issued when unanticipated things take place, when stores are renovating and they need to bring in large container boxes for storage on site, a staging area for construction sites, or for weekend car sales. Some of the criteria looked at were that the temporary use would not be detrimental to the public health, safety or welfare, or injurious to property or improvements in the vicinity. There were no reports of air incidents or accidents in or around the area. The applicant stated that the use was infrequent and mainly during daylight hours. The use was limited, he had contacted his neighbors and discussed the use that was ongoing. It appeared to be unnecessary to condition the hours of operation because of the pattern of his use. They also look at any nuisance factors such as noise, light, glare that would impact surrounding uses. Some nuisance factors already present included the railroad tracks, boats, jet skis, and other watercraft uses on the water, and flyovers from jets. The proposed use of the helicopter on this site seemed to be very short termed, in Conner Heliport Temporary Use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 5 the fact that there would only be a couple of minutes that the helicopter would be taking off and landing. No sound tests were done. Noise allowed are sounds of aircraft in flight and sounds that originate at airports directly related to flight operations. Aircraft are also not considered to be a motor vehicle. The most restrictive sound limits are one and a half minutes in any one-hour period and that runs during the hours of 10:00 pm and 7:00 am. Mr. Conner stated that he has never flown past 8:00 pm, normally he only flies during daylight hours. In residential areas the source of the noise is limited to 55 decibels at any hour of the day or night, the noise may exceed 5 decibels for no more that 15 minutes in any one-hour period, or 10 decibels for 5 minutes in any one- hour period, or 15 decibels for 1-1/2 minutes in any one-hour period. A shoreline exemption was issued for the demolition of the previous residence on the site and for the construction of the new residence, on April 12, 2005. The helicopter landing area is part of the patio or driveway that goes down to a garage, there was no indication of a helipad on the building plans that the City reviewed or any of the applications that were prior to this temporary use permit. Structures are not allowed within 25-feet of the ordinary high water line. The Shoreline Master Program also regulates development. This Temporary Use Permit was not considered to be for development. The helipad is not unlike a parking pad on any personal property and they are allowed within that shoreline setback area. The distinction is buildings/structures, not parking areas. The Examiner asked if someone were to come in and ask for a Temporary Use Permit to land a helicopter in the Highlands, would it be granted? Jennifer Henning stated that anyone can apply for anything, however it would be difficult, one of the factors is that on the lake there is an allowance for a seaplane at every dock along the shoreline. There is not the same provision for someone to have a private airplane in the Highlands. On September 28, Development Services did send out a letter to the neighbors stating that they were issuing a Temporary Use Permit for the helicopter. They do not generally do that, but they felt it was a benefit to let the neighbors know what was happening in the area. Upon questioning by Mrs. Rosling, Ms. Henning stated that when checking the record for air accidents, they were looking specifically for floatplane, seaplane type of accidents. Mrs. Rosling stated that notices were posted on Mt. View Avenue and Ripley Lane, however no notices were posted in the Kennydale Hill area. If helicopters are going to be allowed to fly over the neighborhood, then it may be that insurance premi urns would be raised. The Examiner asked if the City considered the noise of the helicopter, an analogy was made to seaplanes or floatplanes that are allowed on the shoreline lots, but a helicopter is much closer, hovers, and then moves off. The City did not do a noise study when the Temporary Use Permit was issued. Upon questioning by Ms. Galster, Ms. Henning stated that no timing tests were done regarding the take-off and landings of the helicopter. The site was posted and an affidavit of posting notes that it was posted in three locations on or near the property, all on Mt. View Avenue. Property owners within 300 feet were mailed a copy of the notice of application, the affidavit for that mailing is in the file as well Upon questioning by Mr. Hempelmann, Ms. Henning stated that she was aware that when the TUP decision was made, both Ms. Fix and Mr. Marshall were supportive of the helicopter at the Conner residence. There was a letter in the file stating Ms. Fix's support and Mr. Marshall's signature was on a petition indicating support. Conner Heliport Temporary use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 6 Many of the addresses on the petition were from Mt. View Avenue N. One of the factors in making a decision is based on the amount of support that is noted by neighbors that would be most affected by the helicopter. Ms. Henning did review the permit prior to issue of the TUP. She further did not feel that the noise was not considered as continuous. Charles F. Conner stated that his home was properly permitted and constructed. Sidewalks and driveways are not restricted, the helicopter is not parked in the 25-foot buffer zone for more than the few minutes it takes to roll it inside the garage. The Certificate of Occupancy was completed on February 28, 2007. He did not build a heliport, but a home with a large garage downstairs. He has a pervious driveway that allows him to drive vehicles down to the garage and a sidewalk that goes to his dock and that sidewalk is where he lands his helicopter. There are no regulations prohibiting landing a helicopter in a residential zone. On May 9, 2007 he landed on his property for the first time, from that date until October 8, 2007 when the appeals were written, he had landed there 9 times. He does not believe that he is operating a heliport. Because there is an airport close by with air traffic information, he is able to get wind information, etc for safety reasons you can read the water for wind as well. He is within the air traffic control zone, every departure or arrival is governed by the tower who has line of sight to his yard where he lands the helicopter. The complaint was filed on June 14 and he spoke with Mrs. Galster at length on Monday, June 18. She stated that she had been awakened by his helicopter flying very close to her home at 7:00 am on a previous Sunday, he had not flown to or from his home on any day prior to 10:00 am, he has a record of every flight he makes, he suggested that it must be a case of mistaken identity. Numerous aircraft and helicopters fly by every day. His is not the first helicopter on Lake Washington, there is one directly across the lake from them since 1990. He stated several other local cities that allow helicopters without any permits. A seaplane can taxi up a ramp, out of the water, across the lawn and into a hanger. A floatplane stays in the water. The noise from his helicopter when it takes off is much lower than some lawnmowers. The decibel level oflawnmowers is very high. The use of his helicopter is infrequent and non-repetitive. There is an exemption for aircraft in flight. Ifhe were based at the airport, there would be more noise, as he would be transiting from the airport to the north past his neighbors. It is unfortunate that even one neighbor is unhappy, he does have the support and petition showing support from the residents on Mt. View Avenue except Ms. Galster. He also spoke with everyone on Lake Washington Blvd during the process of applying for the permit. He wanted to alleviate all concerns. His landings and departures are exclusively over the water, he does not fly over Kennydale Hill. Once airborne, FAA rules apply, he tries to stay away from residences in general. He went on to explain the height velocity curve, an area in which you do not fly a helicopter because an engine failure is irrecoverable. His flying is always over the water, if he were to have an engine failure he would go into the water, but he would endanger no property or people. Upon questioning by Mr. Hempelmann, Mr. Conner stated that there are many rules and regulations by the FAA for pilots. He keeps a log for all flights in order to verify what he has done, when and where he has been in the helicopter. He uses it for business purposes as well as for pleasure. Those records must be kept separate for tax purposes. The log is maintained down to 1/10 of an hour, in 6-minute increments. Fuel is managed on flight time, he does not put full trust in the fuel gauge. A full tank is worth 2 hours and 40 minutes flight time. This log is also used for maintenance purposes. He did check the log before coming in today, he has landed 27 times at the property on Lake Washington, which is over about a 10-month period. He also made another 7 landings at the airport during that time since he has been restricted from flying from his property. Conner Heliport Temporary Use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 7 He is positive that he has not flown over Ms. Galster's home at 7:30 in the morning. There are two other helicopters in the area, one the same colors as his, which are kept at the Renton Airport. He further stated that he has not flown over that area ofKennydale Hill, he has purposely avoided that area. Sometimes he makes orbits around the Barbee Mill site between 500 and I 000 feet, he does not qualify that as Kennydale Hill. He is concerned about others and does try to take other's needs into consideration. He told Ms. Galster that if she were having an outside party to let him know and he would make a point to not fly at that time. The FAA conducted an aeronautical study on his application to fly his helicopter in and out of his property on Lake Washington. In his concerns for safety and making sure that he is following all rules in place, he asked the FAA to conduct this study. There is a letter in the file from the FAA approving his operations from a safety standpoint. His helicopter has a 25-foot rotor diameter. He sets his helicopter down within inches of where he wants to put it down. He does not believe that the FAA would approve landing over the houses along the lake, he believes the safest landing and takeoffs are out over the water. He showed a map with a 1000-foot radius line drawn, with all the people supporting the use of his helicopter marked in green, he also plotted several residents in the area who had negative comments as to what he was doing, and they are marked in red. He had spoken to several people in opposition regarding what his plans were and what he was doing. He received letters from them stating that they had been misinformed. They had seen another helicopter that had been flying low over the area, Mr. Conner told them that was not his helicopter. Ifhe changed the model of helicopter that he was flying, he would have to let the City know. The Temporary Use Permit is good until October 2008. If the City does not allow a Conditional Use Permit, he would lose his Temporary Use Permit. Mr. Conner stated that there is a shortage of hanger space at Renton field, there are people waiting to get hangers. The Examiner stated that he presumed that he did not keep fuel at his property and therefore would have to take off from his home, go to a place where he would be able to fuel up and then take off again. Mr. Conner stated that was correct. He further wanted to state that the helicopter is parked inside, not along the shoreline. Upon questioning by Mrs. Rosling, Mr. Conner stated that the maintenance is done typically at Renton field, sometimes he fuels from Renton field and sometimes he fuels at his home from a 55-gallon drum. He does not have any objection to using the airport, it is a fine facility and at times he does use it. The reason he does not want to base his helicopter there are many-fold, one is lack of hanger space, another is potential damage to the helicopter. His home has fire sprinklers, it's inside and weather is not a factor, there is not any other equipment there that could damage his helicopter. Similarly, he keeps his boat at home rather than a marina, it is a matter of convenience. There is no permit required from FAA, you are required to get FAA approval if you want federal funding for a heliport. He only filed with FAA because it was a second set of eyes looking at this situation, he wanted their input and blessing for his landing area. Upon questioning by Ms. Galster, Mr. Conner stated that the turf stone runs from the front of the house down the side and along the sidewalk/driveway toward the shoreline. There is no circular platform on his property. In Conner Heliport Temporary use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 8 a previous conversation, he stated that a reasonable request was that 70% of his flying would be between the hours of8:00 am and 10:00 pm. Victoria Kapetan, 1003 N 33'• Street, Renton 98056 stated that some flyers were presented today, the top sheet was her flyer, she went doorbelling through the neighborhood in the last week. The other two pages were not her doing. She is one of the four "red" designations on the map ofKennydale Hill. She did not know any of the other "red" designated people until today. The noise must impact them the same, they are all in direct alignment to the lake. Upon questioning by Mr. Hempelmann Ms. Kapetan stated that she did not know the times Mr. Conner flew, she had not kept track of the time. Mrs. Galster asked questions of Ms. Kapetan who stated that she was aware of the coming and going of the helicopter, but was not sure of the amount of time she heard the noise. Ann Simpson, 3001 Mt. View Avenue N, Renton 98056 stated she is an airline pilot with Northwest Airlines with 27 years of seniority. She currently flies as Captain on the Boeing 747-400. Regarding the safety issues that people have mentioned, she stated that there are many rigors one must go through to become a pilot, students are required to take written as well as practical exams. Once a pilot becomes licensed, a minimum of a bi-annual check is required. Mr. Conner received his rotary wing pilot's license in 1989, he is steadfast in maintaining his proficiency and does annual training with an instructor on emergency procedures. Safety matters most to pilots. However, accidents do occasionally happen and flying from their home puts the neighbors at less risk than if they were flying out of the Renton Airport. Mostly because they will not have a car accident while going to the airport, but also because Mr. Conner will not be flying over their homes. Takeoffs and landings are over Lake Washington, not over the Kennydale neighbors. Noise is not as inconvenient as one might think, from inside their home, 30-feet from the helicopter, a normal conversation can be continued through engine start, power up and departure. Even standing on the deck during takeoff and departure one can hear and be heard without shouting. The vast majority of neighbors support the helicopter at the Conner home. Robert Burr, 3013 Mt. View Avenue N, Renton 98056 stated that he lives approximately three houses north of Mr. Conner. He has listened to many different sounds on the lake, he is quite sensitive to sound. The loudest and most annoying sounds on the lake are the unmuffled boats. Next step down would be the seaplanes that take off from the Renton airport or their homes on the lake. They fly most frequently on weekends. Next down the line would be general aircraft in the flight path out of the airport, some quite loud, some not so loud. Below that is just the general noise on the water, the rest of the boats, which are not too significant. He categorized Mr. Conner's helicopter noise levels at near the bottom of the list, just before the general noise of the lake. It is very infrequent, he hears him only once or twice a month, it takes him less than a minute to takeoff or land. The probability of him crashing into a house is very low, he always takes off directly over the lake and upon returning, comes in down the lake and lands at his house. Peter Spouse, 3011 Mt. View Avenue N, Renton, 98056 stated that he wanted to address two issues that have been key points raised today. One is the noise and the other his personal observations of the flight patterns he has seen being used by Mr. Conner. Conner Heliport Temporary Use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 9 He works from his home, his office directly faces the Conner home and he is generally there every day. He has a direct line of sight to Mr. Conner's home. The Conner home is approximately 70-feet from his home. He can frequently see the helicopter takeoff and land. In his opinion the helicopter when taking off or landing is no louder than a lawnmower or leaf blower. When Mr. Conner takes off he flies out over the lake and turns north and goes up the channel, when he returns, he flies down the channel to his home and lands. He felt that Mrs. Rosling might have made a case of mistaken identity when she stated that she has seen Mr. Conner's helicopter over her house. During his runs in the morning, he often sees a blue helicopter and at first thought it might belong to Mr. Conner, but when looking closer at it, he has realized that it is not Mr. Conner's. He suspects that the other helicopters are flying out of Renton Airport and flying directly across the path of the four homes in the Kennydale area that are hearing noise from helicopters. Mrs. Galster stated that there are in fact Mr. Conner's home and three other homes that buffer Mr. Spouse from the noise of the helicopter when it takes off and lands and that the three homes on the waterfront probably absorb the noise more than Mr. Spouse. Monica Fix, 3007 Mt. View Avenue N, Renton 98056 stated that she lives in the house to the north of Mr. Conner. She is in total support of Mr. Conner and his helicopter. She has worked for Boeing for the past 29 years, selling commercial airplanes. She has seen him fly his helicopter six of the nine times that Mr. Conner stated he has flown from his property. It has been for recreational use and the noise is a short lived, two to three minutes and the same when he returns. More irritating to her is the sound of a neighbor using a power washer for two or more hours at a time or leaf blower that is being used for a long period of time. Mr. Conner always flies up and over the water, she has never seen him fly over the property. Mr. Conner is very professional, he follows his checklist and performs a physical check of the helicopter before taking off. He checks the fuel and all gauges. When he lands, he logs everything to his Palm Pilot and then downloads everything to his computer. She is totally confident in what Mr. Conner is doing with the helicopter. Mrs. Rosling stated that no noise impact studies were done, nor any independent environmental study by the City was completed before issuing this Temporary Use Permit. She asks that the permit be revoked. Mrs. Galster stated that it probably was not 7:00 am and most likely could have been 10:00 am, her husband has just returned from sea and she had just returned home from work, it could well have been 10:00 am, but there was no mistaking that it was Mr. Conner's helicopter. They thought there might have been an accident on the lake and both of them rushed out of the house and saw Mr. Conner taking off. Noise does travel farther on the water. Mr. Hempelmann stated that the decision of the City is presumed to be correct. The burden is on the appellants to show that the decision of the City was erroneous. There was a lot of passionate argument and some very well spoken words but very little evidence. They had no witnesses or experts. The one true expert on land use that testified today was Jennifer Henning, she was very impressive and very even handed in her analysis of the issues as she walked through what the City staff did, it was clear that all the bases were covered and all issues were addressed. There was no noise study done, there is no requirement that there be a noise study. There is a requirement that an evaluation be done on the noise, which the City did do. When looking at the noise issue, it needs to be put into context and the context is very infrequent use of the helicopter. When it is used the noise is for very short periods of time and then it is gone. There was extensive environmental studies done by the City's staff, they looked at wildlife issues and hazardous materials issues and noise and safety issues. The record supports the City's decision and Mrs. Rosling and Mrs. Galster have no proof. Conner Heliport Temporary use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 10 Ann Nielsen stated that the City has met all the notice provisions with respect to the Temporary Use Permit. Mr. Conner went above and beyond what he was required to do under the law. Not only did the appellants not meet their burden, but Ms. Henning went to great lengths to explain and show what the City had done in considering whether the issues, made a report to Mr. Watts who signed off to approve the Temporary Use Permit. Lastly, the term heliport has been loosely used today, however it is a misnomer to call it a heliport when in fact it is a helipad for the personal use of one person's private helicopter. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 4:59 p.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. Two separate appellants, Joan Rosling and Pegi DuBois Galster, each filed appeals of an Administrative Determination approving a Temporary Use Permit that allows operation of a helicopter on a residential parcel. 2. The appeals were filed in a timely manner. 3. The Temporary Use Permit was issued to Charlie Connor (hereinafter, applicant) to enable him to operate a helicopter from his residence located at 3001 Mountain View Drive North in the City of Renton. 4. The residence is located on the shoreline of Lake Washington. 5. Pegi DuBois Galster resides at 2907 Mountain View Drive North. One residential parcel separates this appellant's home from the location of the helipad. 6. Joan Rosling resides at 1023 North 34th Street. This appellant's home is approximately four (4) blocks north and one and a half blocks east of the helipad. She walks to Coulon Park from her home. 7. The City and applicant challenged the standing of appellant Rosling due to the distance of her home from the helipad. 8. The underlying applicant had been operating the helicopter at his residence for some time. The estimate is that the helicopter has been used periodically since April or May of 2007. The applicant reported two different numbers of takeoffs and landings, both 9 and 27 flights. A neighbor complained to the City about the operation of the helicopter and the City determined that a helicopter or helipad is not a permitted use on the applicant's R-8 (single family residential, 8 units per acre) zoned property. For purposes of this decision, the terms heliport, helipad and helicopter operations all refer to the small, paved area that also serves as a driveway on the subject site. The terms are not intended to describe either the size of the landing area or the intensity of use but merely to convey that a helicopter can land or takeoff in an area on the subject site that provides a clear area for helicopter operations on the subject parcel. 9. It appears that the City in enforcing the zoning prohibition on helicopter use on the subject site and discussing the helicopter operation with the applicant noted that seaplane operations are permitted by Conner Heliport Temporary Use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 11 the Shoreline Management Act at any of the R-8 zoned parcels lining the lakeshore in this vicinity. The City and applicant agreed that the applicant should apply to have the Zoning Code and the Shoreline Act amended to allow helicopters at this and other similarly situated shoreline parcels. At the same time, it was suggested that the applicant apply for a Temporary Use Permit to allow the helicopter to be operated from the subject site until the City Council either adopted or refused changes to code to allow helicopter use. 10. The appellant Rosling objected to equating helicopters with seaplanes for purposes of approving the permit. It was noted that seaplanes have to taxi away from shore before taking off. This was intended to demonstrate that there are fewer hazards to nearby homes and less noise immediately adjacent to the nearby residences or places where wildlife might be affected. The appellant also raised issues regarding hazardous materials. The appellant raised concerns about noise impacts on habitat and wildlife and particularly eagles that frequent the area noting specifically Sections 4-3-090(K)2a K GENERAL USE REGULATIONS FOR ALL SHORELINE USES: 1. Applicability: This Section shall apply to all shoreline uses whenever applicable. Items included here will not necessarily be repeated in subsection L of this Section, Specific Use Regulations, and shall be used in the evaluation of all permits. 2. Environmental Effects: a. Pollution and Ecological Disruption: The potential effects on water quality, water and land vegetation, water life and other wildlife (including, for example, spawning areas, migration and circulation habits, natural habitats, and feeding), soil quality and all other environmental aspects must be considered in the design plans for any activity or facility which may have detrimental effects on the environment. b. Burden on Applicant: Applicants for permits must explain the methods that will be used to abate, avoid or otherwise control the harmful effects. and 4-3-050(K)2 and 3: K HABITAT CONSERVATION: I.Applicability: The habitat conservation regulations apply to all nonexempt activities on sites containing or abutting critical habitat as classified below. a. Critical Habitat: Critical habitats are those habitat areas, which meet any of the following criteria: i. Habitats associated with the documented presence of non- salmonid (see subsection Ll of this Section and RMC 4-3-090, Shoreline Master Program Regulations, for salmonid species) species proposed or listed by the Federal government or State of Washington as endangered, threatened, candidate, sensitive, monitor, or priority; and/or ii. Category I wetlands (refer to subsection M 1 of this Section for classification criteria). b. Mapping: i. Critical habitats are identified by lists, categories and definitions of species promulgated by the Washington State Department of Fish and Wildlife (Non-game Data System Conner Heliport Temporary use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 12 Special Animal Species) as identified in WAC 232-12-011; in the Priority Habitat and Species Program of the Washington State Department offish and Wildlife; or by rules and regulations adopted currently or hereafter by the U.S. Fish and Wildlife Service. ii. Referenced inventories and maps are to be used as guides to the general location and extent of critical habitat. Critical habitat, which is identified in subsection KI a of this Section, but not shown on the referenced inventories and maps, are presumed to exist in the City and are also protected under all the provisions of this Section. ii. The actual presence or absence of the criteria listed above, as determined by qualified professionals, shall govern the treatment of an individual building site or parcel of land requiring compliance with these regulations. c. Performance Standards: In addition to the general standards of subsection E of this Section, the following performance standards, subsections K2 to KS of this Section, apply to all non-exempt activities on sites containing critical habitat areas per subsection KI a of this Section. 2. Habitat Assessment Required: Based upon subsection KI of this Section, Applicability, the City shall require a habitat/wildlife assessment for activities that are located within or abutting a critical habitat, or that are adjacent to a critical habitat, and have the potential to significantly impact a critical habitat. The assessment shall determine the extent, function and value of the critical habitat and potential for impacts and mitigation consistent with report requirements in RMC 4-8-120D. In cases where a proposal is not likely to significantly impact the critical habitat and there is sufficient information to determine the effects of a proposal, an applicant may request that this report be waived by the Department Administrator in accordance with subsection D4b of this Section. 3. Bald Eagle Habitat: Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292). 11. Appellant Galster objected to the creation of the helipad's concrete area. She claimed it was constructed without proper permit approval or improperly allowed since helipads are not permitted in the area. It appears that permit information for the helicopter landing area is not available any longer. It is also not clear that any special permits were necessary if this is just an expanded driveway area that also serves for helicopter operations. Apparently, no special facilities exist to handle hazardous materials, if in fact 55-gallon drums of fuel are stored or used on the site, nor at this juncture is it clear if any special precautions are necessary. It is also not clear if special construction was necessary to allow storage of a helicopter in any indoor portion of the single-family residence. This appellant also raised the restrictions on where seaplanes may speed up for takeoffs. She objected to the additional noise it would introduce and noted the proximity of the helipad to her residence, one home removed to the south. She suggested that analogizing to seaplanes should be fully done in reference to where they can land and takeoff and not just solely to their being permitted by Section 4-3-090(L)l .b: L SPECIFIC USE REGULATIONS: 1. Airports and Seaplane Bases: a. Airport Location: A new airport shall not be allowed to locate within Conner Heliport Temporary Use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 13 the shoreline. However, an airport already located within a shoreline shall be permitted to upgrade and expand its facilities provided such upgrading and expansion would not have a detrimental effect on the shoreline. b. Location of Seaplane Bases: i. Private Seaplane Bases: A single private seaplane is permitted per residence. ii. Commercial Seaplane Bases: New commercial seaplane bases may be allowed in industrial areas provided such bases are not contiguous to residential areas. She noted that Mercer Island treated a helicopter similar to seaplanes and required the helicopter to be on a dock out in the lake and not directly on the shoreline. 12. It was noted that seaplanes are governed by watercraft rules, which limit their speed until a certain distance from shore, meaning that they cannot become airborne near or over residences. It was also noted that there is no special limit on revving seaplane engines while on shore although such activity would be governed by other noise ordinances. 13. The applicant indicated that refueling occurs at airport locations but also noted that a 55-gallon drum of fuel was also available. As noted above, it is not clear that appropriate measures were or are in place for storage and use of aviation fuel in this location. 14. During the time this matter has been pending, the City has separately reviewed a proposed text amendment that would permit helipads to be located along the shoreline and at the subject site. The text amendment would allow such use subject to a public hearing on a Hearing Examiner Conditional Use Penni!. This change would mirror the other situations where helipads are permitted in IL, IM, IH, CA, CO, COR, UC-N2 Zones of the City, by Hearing Examiner Conditional Use. At this time all helipads require a public hearing and review by the Hearing Examiner of a Conditional Use Pennit. 15. An Environmental Determination of Non-Significance was issued for the pending Text Amendment, that determination was appealed by Pegi Galster, one of the appellants in this matter. That appeal was denied but is still subject to potential appeal to the City Council until June 3, 2008. 16. Testimony was received from other neighbors of the applicant. In addition, correspondence was received from various parties including neighbors and other residents. Some people expressed no concerns and did not appear bothered by the noise or potential noise or safety issues. Others were concerned about noise and safety. 17. Section 4-9-240 permits the issuance of Temporary Use Permits: 4-9-240 TEMPORARY USE PERMITS: A.PURPOSE: A temporary use permit allows a use or structure on a short-term basis. Such uses or structures may be allowed subject to modified development standards which would not be appropriate for permanent uses in the zoning designation. Conner Heliport Temporary l.Jse Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 14 B. APPLICABILITY: I. Exemptions: The following uses and structures do not require a temporary use permit provided they are associated with an approved land use application and/or an active building or construction permit and approved by the Development Services Division Director. a. Contractor's office, storage yard, and equipment parking and servicing on or near the site or in the vicinity of an active construction project. b. One model home located on an existing lot, and located within the subdivision or residential development to which they pertain. c. Sales/marketing trailers used for the purpose of real estate sales and/or rental information, located within the subdivision or development to which they pertain. C. USES WHICH MAY BE PERMITTED: I. Occupancy of a temporary structure ( existing home, mobile home or travel trailer with adequate water and sewer/septic service) on the same lot while a residential building is being constructed or while a damaged residential building is being repaired, and when a valid residential building permit is in force. The permit may be granted for up to one hundred eighty (180) days but cannot exceed the expiration date of the building permit. 2. Model homes, equaling the lesser of five (5) homes or twenty percent (20%) of the total lots, when located within the subdivision or residential development to which they pertain. 3. Circuses, carnivals, fairs, or similar transient amusement or recreational activities. 4. Temporary parking lots/areas. 5. Mobile food vendors in zones not normally permitting them. 6. Temporary manufactured home for medical hardship. 7. The Planning/Building/Public Works Administrator or designee may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in keeping with the intent and purposes of this Section. D. SUBMITTAL REQIDREMENTS AND APPLICATION FEES: Shall be as listed in RMC 4-8-120C, Land Use Applications, and 4-1-170, Land Use Review Fees. E. PUBLIC NOTICE AND COMMENT PERIOD: Shall be as listed in RMC 4-8-090, Public Notice Requirements, except that public notice is not required for applications requesting a temporary manufactured home for medical hardship. Conner Heliport Temporary Use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 15 F. WAIVER OF REQUIREMENTS AND FEES: Except for sign requirements of RMC 4-8-090, the Planning/Building/Public Works Administrator may waive specific application requirements detennined to be unnecessary for review of an application. The Administrator may waive the permit application fee for public service activities and nonprofit organizations. G. APPLICATION PROCESS AND REVIEW AUTHORITY: The Planning/Building/Public Works Administrator shall, in consultation with appropriate City departments, review and decide upon each application for a temporary use permit. The Administrator may approve, modify, or condition an application for a temporary use pennit. H. DECISION CRITERIA: The Planning/Building/Public Works Administrator or designee may approve, modify, or condition an application for a temporary use permit, based on consideration of the following factors: 1. The temporary use will not be materially detrimental to the public health, safety, or welfare, nor injurious to property or improvements in the vicinity of the temporary use; and 2. Adequate parking facilities and vehicle ingress and egress are provided to serve the temporary use and any existing uses on the site; and 3. Hours of operation of the temporary use are specified, and would not adversely impact surrounding uses~ and 4. The temporary use will not cause nuisance factors such as noise, light, or glare which adversely impacts surrounding uses; and 5. If applicable, the applicant has obtained the required right-of-way use permit. I. SPECIAL CRITERIA FOR TEMPORARY MANUFACTURED HOME FOR MEDICAL HARDSHIP: In lieu of the criteria in subsection H ohhis Section, a manufactured home which complies with HUD standards may be permitted as a temporary dwelling on the same lot as a permanent dwelling provided the applicant demonstrates the temporary dwelling is necessary to provide daily care to an individual certified by a physician as needing such care. The primary provider of daily care shall reside on-site; the manufactured home together with the permanent residence shall meet the setback, height, building footprint, and lot coverage provisions for the applicable zone. J. CONDITIONS OF APPROVAL: I. General: The Planning/Building/Public Works Administrator or designee may establish conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, requiring that notice be given to adjacent/abutting property owners prior to approval, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirement for screening or enclosure, and guarantees for site restoration and Conner Heliport Temporary use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 16 cleanup following temporary uses. 2. Additional Requirements -for Model Homes: In addition to the requirements of subsections JI, General, and J2, Facilities Required, of this Section, the Planning/Building/Public Works Administrator or designee may require conditions of approval regarding access/roadway construction, temporary erosion control, utilities, street and lot addressing, building permits, staking of proposed lots underlying the model homes, staking of model home lot setbacks, plat approval, abatement agreements and indemnification, and security devices for removal of model homes if plat is not recorded. K. OTHER REQUIRED PERMITS: The temporary use may also require permits and inspections from both the Fire Prevention Bureau and/or Development Services Division to ensure that the temporary use is in compliance with Fire/Building Codes. L. EXPIRATION AND EXTENSION: I. Standard Period of Validity: Except as specified in subsections L2 and L3 of this Section, a temporary use permit is valid for up to one year from the effective date of the permit, unless the Planning/Building/Public Works Administrator or designee establishes a shorter time frame. 2. Optional Extended Period of Validity: The Planning/Building/Public Works Administrator or designee may approve a longer period ofup to two (2) years for temporary sales or rental offices in subdivisions, multi-family or nonresidential projects or other longer term uses, if requested by the applicant at the time of application. 3. Special Expiration/Extension Periods for Manufactured Homes for Medical Hardship: The temporary use permit for a manufactured home for medical hardship shall be effective for twelve (12) months. Extension of the temporary use permit may be approved in twelve (12) month increments subject to demonstration of continuing medical hardship. The manufactured home shall be removed within ninety (90) days of the expiration of the temporary use permit or the cessation of provision of daily care. M. REMOVAL OF TEMPORARY USE REQUIRED: Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of the temporary use upon completion ofremoval of the use. N. SECURITY: The Planning/Building/Public Works Administrator or designee may require security in conformance with RMC 4-9-060C to assure compliance with the provisions of the temporary use permit as approved ifrequired. The amount of the security will be determined by the Planning/Building/Public Works Administrator or designee, but in no case shall it be less than one thousand dollars ($1,000.00). The security may be used by the City to abate the use and/or facilities. 0. PERMIT REVOCATION: I. Revocation of Temporary Use Permit: Should the Planning/Building/Public Works Administrator or the Administrator's designee determine that Conner Heliport Temporary Use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 17 information has been provided to the City which was false, incomplete, or has changed, such that the decision criteria in subsection H of this Section are incorrect, false, or have not been met, or the temporary use actually being used is different than or greater than that applied for, or if the use itself is a nuisance, unhealthy, unsafe or poses a substantial risk of harm to persons or property, then the Administrator may revoke the temporary use permit upon ten (10) days' written notice, unless an emergency exists, in which case the Administrator may declare such an emergency and immediately revoke the temporary use permit. (Ord. 4560, 11-13-1995; Amd. Ord. 4963, 5-13-2002) CONCLUSIONS: I. The appellant has the burden of demonstrating that the decision of the City Official was either in error, or was otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 4- 8-l 10(E)(7)(b ). The appellants have demonstrated that the action of the City should be reversed. The appeal is granted. 2. Arbitrary and capricious action have been defined as willful and unreasoning action in disregard of the facts and circumstances. A decision, when exercised honestly and upon due consideration of the facts and circumstances, is not arbitrary or capricious (Northern Pacific Transport Co. v Washington Utilities and Transportation Commission, 69 Wn. 2d 472,478 (1966), 3. An action is likewise clearly erroneous when, although there is evidence to support it, the reviewing body, on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. (Ancheta v Daly, 77 Wn. 2d 255, 259 (1969). An appellant body should not necessarily substitute its judgment for the underlying agency with expertise in a matter unless appropriate. 4. Granting a Temporary Use Permit was expedient but inappropriate. It is not as if the code was silent on helicopters or helipads. Code specifically permits helipads in certain locations in the City and, by extension, excludes them from other areas. It does not appear necessary to find analogous uses, in this case, seaplane uses, and then grant a Temporary Use Permit. Similarly code specifically allows seaplanes and regular airplanes in certain areas -might the same reasoning that led to approval of this temporary use permit, allow seaplanes and regular airplanes where helicopters are permitted. The locations where each of these uses are permitted is clearly defined. Helipads are permitted solely in the IL, IM, III, CA, CO, COR, UC-N2 Zones of the City. They are permitted as accessory to the primary use. They are further permitted in the IM zone as a standalone commercial use. But in all of these locations helipads are only permitted by Hearing Examiner Conditional Use. That means that they are subject to individual review and a public hearing. 5. Why was it necessary, therefore, to create a temporary permit for the use or, in this case, the continued use ofhelipads in this community? A review of the specific examples of where Temporary Uses are permitted, include model homes, circuses, carnivals, fairs or similar transient amusement, temporary parking lots, mobile food vendors and temporary housing for medical emergencies. The City latched onto the catchall provision: "The Planning/Building/Public Works Administrator or designee may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in keeping with the intent and purposes of this Section." Conner Heliport Temporary use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 18 6. Does that general provision overcome the fact the Code already specifically permits helipads in certain areas but only permits them by Conditional Use Permit and only after a public hearing by the Hearing Examiner. This office does not believe that the general provision should overcome the specific criteria applied to all over helipad uses in the City. In this case, no hearing was held and the permit was issued. Of course, there is the right of appeal but that creates or changes the burden on someone who might be adversely affected, say a neighbor, by the noise, if not the safety concerns, about allowing aerial access to the upland, adjacent land. 7. The administrative approval of a Temporary Use Permit did not afford the public the same protections offered them if a helipad were being considered in many other areas of the City including the commercial zone. Even in less restrictive or perhaps less serene commercial and industrial zones, helipads are only permitted by Conditional Use Permit after a public hearing. Prior to this application no helipads were considered in a single-family residential zone. No public hearing was held. The public, while able to submit comments, did not necessarily get to express them in a public forum or rebut evidence. In addition, as an administrative decision as noted above, the public was limited in any appeal and was saddled with a greater burden of proof since the underlying approval is considered correct and not lightly overturned. These things together make approval of a helipad by issuance of the Temporary Use Permit inappropriate. 8. The approval of this temporary permit also might create an undue precedent. What other uses might be permitted by Temporary Use Permit that an applicant might desire in a single-family neighborhood? The current case would seem to suggest that establishing an otherwise impermissible use in a single family zone and then seeking a text amendment to allow that use might be grounds, after appropriate review, for issuing a Temporary Use Permit. Again, while that might be gracious or expedient the proper method for introducing new otherwise prohibited uses would be to seek the zone change first and if that is approved, establish the use. While such a procedure might have led to a more lengthy permitting process it might have resulted in a more open, public process. There does not appear to be any compelling reason to grant this permit under these circumstances. It is not as if some construction method might require a helicopter to be stationed nearby such as, for a current example, the relocation of the Puget Power lines over and near I-405. 9. The specific criteria for granting a Temporary Use Permit also provide a basis for denying the permit. The permit did not include any conditions or restrictions on use whatsoever. There were no restrictions on hours of operation or on frequency of use. There were no flight path restrictions. Their use may in fact "adversely impact surrounding uses" (Section 4090240(H)(3)) or "cause nuisance factors such as noise" (Section 4090240(H)(4)) as the Galster appellant apparently was adversely affected even if other neighbors were not. The fact that seaplanes might be located there does not change the fact that this particular use could affect a neighbor if granted under the Temporary Use Permit criteria. So while the applicant has indicated that the use would not be very intrusive since it is intermittent, infrequent and only during limited hours of the day that does not justify granting a permit that is unlike others. Again, the permit did not actually contain any restrictions. And while the permit could be revoked, that would necessitate someone complaining about a neighbor. This might not be the ideal method of determining if a use is intrusive. 10. We have testimony that some people are disturbed and others not by the noise generated by such uses. As was ascertained at the hearing (no pun intended), noise is subjective. But is it necessary under the guise of a Temporary Use Permit to allow more noise? Under the guise of this permit was it necessary to allow it next to other single-family homes? If a change in zoning was necessary, as staff clearly decided, why not wait till the text was amended and full review concluded by the City Council. Of course, allowing the use to continue did allow real world "testing" and apparently at least a few Conner Heliport Temporary Use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 19 neighbors seem to find the noise and potential safety factors an issue. One neighbor, one of the appellants, lives one lot and home removed from the helipad and finds the noise bothersome and intrusive. Other than attempting to be courteous to the underlying applicant was there any compelling reason to short circuit the Text Amendment process and allow this use by Temporary Use Permit? There were no compelling construction needs, nor medical needs to permit a use, a helipad, otherwise prohibited in the R-8 Zone by Temporary Use Permit. 11. Clearly, at this stage in the process it also appears unnecessary to have an outstanding Temporary Use Permit when the Ordinance change is in the final review stage. The Council will either adopt the proposed change or reject it. 12. The decision below should not be reversed without a clear showing that the decision is clearly erroneous or arbitrary and capricious. This office has found that the decision below was clearly erroneous and the decision below is reversed. 13. This office concludes that appellant Rosling has standing to bring an appeal. It would appear that granting a permit that allows additional noise and possibly over-flights of property within a reasonable radius around the helipad would confer standing on anyone who can claim impact. The appellant also noted in the appeal that she regularly walks by the subject site on her way to and from Coulon Park. DECISION: The decision is reversed and the appeal is granted. ORDERED THIS 3"' day of June 2008. TRANSMITTED THIS 3"' day of June 2008 to the parties of record: Karen Black 911 N 34th Street Renton, WA 98056 Monica Fix 3007 Mountain View Ave N Renton, WA 98056 Mike Lowry 3326 Park Avenue N Renton, WA 98056 Robert Ziegler 922 N 34th Street Renton, WA 98056 Patience Plano 1110 N 34th Street Renton, WA 98056 Steve & Marcie Maxwell PO Box 2048 Renton, WA 98056 Marc & Kaaren Pritchard 2807 Mountain View Ave N Renton, WA 98056 Jim & Laura Morgan 3103 Mountain View Ave N Renton, WA 98056 Kelly Grace & Peter Spouse 3011 Mountain View Ave N Renton, WA 98056 Charles F. Conner 3001 Mountain View Ave N Renton, WA 98056 Gary & Helen Young 3115 Mountain View Ave N Renton, WA 98056 Roger & Marlene Winter 2731 Mountain View Ave N Renton, WA 98056 Conner Heliport Temporary use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 20 Joan Rosling 1023 N 34th Street Renton, WA 98056 Robert Burr 3013 Mountain View Ave N Renton, WA 98056 R.C.B. Marshall 2909 Mt. View Avenue N Renton, WA 98056 William & Janice Stoneman 3101 Mt. View Avenue N Renton, WA 98056 Greg & Karen Krape 1101 N 27th Place Renton, WA 989056 TomDahlby 3213 Mt. View Avenue N Renton, WA 98056 R. L. Goetz 3209 Mt. View Avenue N Renton, WA 98056 Mark Hancock PO Box 88811 Seattle, WA 98138 Nabil Hamaeh 2908 Lk Washington Blvd N Renton, WA 98056 Kent Phillips 3119 Mt. View Avenue N Renton, WA 98056 Nancy Porter 3205 Mt. View Avenue N Renton, WA 98056 Martin & Pegi Galster 2907 Mountain View Ave N Renton, WA 98056 Dan Savoy 3015 Mountain View Ave N Renton, WA 98056 Eddi Shajari 3009 Mt. View Avenue N Renton, WA 98056 Colleen Lindberg 3111 Mt. View Avenue N Renton, WA 98056 James Reynolds 3004 Lk. Washington Blvd. N Renton, WA 98056 Richard Bisiak 2801 Mt. View Avenue N Renton, WA 98056 Daniel H. Johnson, III 3233 Mt. View Avenue N Renton, WA 98056 Bill & Debra Keppler 2805 Mt. View Avenue N Renton, WA 98056 Karen Wakefield 1101 N 27th Place Renton, WA 98056 Randy Ritualo 70 I N 30th Street Renton, WA 98056 John Burroughs 2815 Mt. View Avenue N Renton, WA 98056 John Hempelmann Cairncross & Hempelmann, P.S. 524 Second Avenue, Ste. 500 Seattle, WA 98104 Marsha Spengler 2902 Lk. Washington Blvd. N Renton, WA 98056 Martha C. Klingen 3014 Lk Washington Blvd. N Renton, WA 98056 Darius Richards 718 N 30th Street Renton, WA 98056 Kim Bowden 2727Mt. View Avenue N Renton, WA 98056 Lori Larson 2727 Mt. View Avenue N Renton, WA 98056 John DuBois PO Box 1187 Renton, WA 98057 Vicki Richards 3605 Lk. Washington Blvd N Renton, WA 98056 Lisa Lord 3307 Mt. View Avenue N Renton, WA 98056 Jerry, Mary & Kelly Brennan 3405 Lk. Washington Blvd N Renton, WA 98056 Conner Heliport Temporary Use Permit Appeal File No.: LUA-07-097 June 3, 2008 Page 21 TRANSMITTED THIS 3'' day of June 2008 to the following: Mayor Denis Law Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Marty Wine, Assistant CAO Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Dave Pargas, Fire Larry Meckling, Building Official Planning Commission Transpiration Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Renton Reporter Pursuant to Title IV, Chapter 8, Section !OOGofthe City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., June 17, 2008. Any aggrieved person feeling that the decision of the Examiner is ambiguous or 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 a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered 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, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. Au appeal must be filed in writing on or before 5:00 p.m., June 17, 2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. -,,JO.-f/.• 7 • F ,eoSCiNC ' RECEIVED ., ) "'' "' ( .':> ' .\., .5 ~--' -,--- e etJ {of\) 4.1 !f q&v i· 6 r February 20, 2008 John W. Hempelmann Caimcross & Hempelmann, P.S. 524 Second Avenue, Ste. 500 Seattle, WA 98104-2323 RE: Conner Heliport Temporary Use Permit Appeal LUA 07-097 Dear Mr. Hempelmann: Hearing Examiner Fred J. Kaufman This matter was originally appealed on October 11, 2007 by two separate appellants. They expressed concerns about noise and other environmental impacts of the helicopter use on neighboring property permitted by approval of a Temporary Use Permit (LUA-07-097). The matter was then scheduled for a public hearing for November 6, 2007. There were scheduling conflicts on both sides and the matter was rescheduled for January 15, 2008. Your office then informed our office that the January 15th date would not work. It was then scheduled for February 19, 2008. At the request of the City and the applicant the matter was again rescheduled to allow the City Council to review potential ordinance changes. The appellants begrudgingly agreed to another continuance but they wanted the hearing to occur and agreed only if it were not later than March 18, 2008. This office therefore, rescheduled the Hearing for March 18, 2008. While your office and the City Attorney may have discussed dates, this office was not aware of any details. Al this point, the matter has been pending and the appellants have not had a chance to contest the permit they indicate has introduced noise and environmental impacts to the area. The decision at issue was issued by the City. The City has the primary responsibility to defend that decision. The City Attorney is apparently ready to defend the City's position. This office will not grant another continuance unless your client agrees to discontinue use of the heliport until after a decision on the appeal is issued. This office is not ruling on the appeal at this time and has no information other than the appeal letters but if the permit was improperly issued --~--------- 1055 South Grady Way-Renton, Washington 98057 -(425) 430-6515 ,• I then delaying this matter further would be a disservice to the appellants and to the entire appeal and public hearing process. If the applicant agrees to discontinue use of the helicopter, the hearing could be rescheduled for April 8, 2008. If this office can be of further assistance, please feel free to write. Sincerely, --hs~t ~ to,<,\ r.1~-. Fred J. Kaufmal) Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Jennifer Henning, Development Services Denis Law, Mayor City Council Members Joan Rosling, Appellant Pegi DuBois Galster, Appellant Charles Conner, Owner, Applicant All Parties of Record ' February 19, 2008 VIA EMAIL AND U.S. MAIL . Fred Kaufman City of Renton Hearing Examiner l 055 S. Grady Way Renton, WA 98057 Re: Appeal of Conner TUP File No. LUA 07-097 Dear Examiner Kaufman, Cairncross & Hempelmann, P.S. RECEIVED FEB IO 2008 CITY OF RENTON HEARING EXAMINER As the file reflects, I am Counsel for Charlie Conner and represent him in the referenced Appeal. The Appeal Hearing was recently continued because the City Council is considering legislation that would make private heliports a Conditional Use and permit them as private seaplane bases are currently permitted. When Staff requested available dates from me for a continued hearing, I stated that April 8, and possibly March 25, would be available and made clear March 18 would not work as I would be out of State. Unfortunately, I saw by email that the Hearing was set for March 18. I cannot participate on that date and request that the continued Hearing be set for April 8. Thank you for your consideration. JWH:gjg cc: Charlie Conner Jennifer Henning Ann Nielsen Law Offices 524 St•corid A1'('1111c, S11i1e 500 Sel1llh•, \Vaslring/011 98104·2323 Phone: 206-S87-070() • fax: 206-587-2308 www.ca1nr.-ross. co11j Very truly yours, Jo~m!:thi~_ (00649583.DOC;I} ;hempelmann@cairncross.com direct: (206) 254-4400 0 '\'.~y 0 o~.. :<'¢, CITY __F' RENTON a + ..ll + Hearing Examiner Fred J. Kaufman ~ -~ Kathy Keolkcr, Mayor ~N~O~''--------------------------~ October 23, 2007 Joan Rosling 1023 N 34•h Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 RE: Conner Heliport Temporary Use Permit Appeal LUA07-097 Dear Ms. Rosling and Mr. and Mrs. Galster: Due to several conflicts in schedules, the appeal hearing has been rescheduled for Tuesday, January 15, 2008 at 9:00 a.m, The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, /( ?1 f· ~;~ J./r,"r-~ Nancy Thompson Secretary to Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant All Parties of Record ----,o-5_5_S_ou_t_h_G_ra_dy-W-ay---R-e-nt_o_n,-W-as_h_i_ng-to_n_9_8_0_55---(-42_5_) 4-3-0--6-5-15 ____ ~ Lt>. AHEAD OF THE CURVE April 7, 2008 Joan Rosling 1023 N 34•h Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 RE: Conner Heliport Temporary Use Permit Appeal LUA 07-097 And Code Amendment SEPA Appeal LUA 08-004 Dear Ms. Rosling and Mr. & Mrs. Galster: This letter is intended to clarify the procedure and hearing process that will occur on May 6, 2008 in relation to the appeals filed in the above matters. Two separate appeals have been filed. The first appeal was filed by Joan F. Rosling and Pegi Galster, each on their own behalf, regarding the issuance of a Temporary Use Permit to establish a heliport on property located at 3001 Mountain View Avenue North. This is an appeal of an administrative decision. A second and separate appeal was filed by Pegi Galster, an appellant in the first appeal. This second appeal is in regard to the issuance ofa Determination of Non-Significance (DNS) for a proposed amendment to the Zoning Code that would provide a permit process for heliports. This is an appeal of a State Environmental Policy Act decision or a SEPA appeal. It appeared reasonable to have these two appeals heard on the same date since there are a number of common parties, potential issues and/or witnesses to both of these proceedings. This letter is merely intended to make sure that all of the parties are aware of the distinctness of the appeals while they have common elements. In both of these appeals, the appellant or appellants will have the burden of demonstrating that the City's decisions were erroneous. In the first appeal on the Temporary Permit, there is an underlying, third party applicant. That party will be entitled to appear and present evidence supporting their application on the appeal. In the SEPA appeal, the decision that is being challenged is based on the City's review of a code amendment and, therefore, the defense of that decision rests solely with the City. The question is focused on whether the code amendment would have a significant impact on the quality of the environment. As these are public hearings, the general public is entitled to testify but solely limited to the issues raised on the appeal and the legal limitations on such appeals. 1055 South Grady Way-Renton, Washington 98057 -(425) 430-6515 i<.\ '" -..... ---· -·"· \ 'i :, \_ !l ( l I· ! !-l· The hearings are scheduled to begin at 8:30am and this office will begin with the appeal of the DNS. The second appeal on the temporary permit will be heard at the conclusion of the first appeal. As a preliminary matter that day we may determine that certain testimony or evidence introduced at the first hearing could be incorporated into the record of the second hearing if there is relevancy. If the parties desire to iron out some of these issues prior to the hearing, they may do so by working amongst themselves. If this office can provide any further assistance, please feel free to call. Sincerely, -!u:f ~f ~v.f-f~_,/ Fred J. KauMan Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant John Hemplemann, Attorney for Applicant All Parties of Record April 7, 2008 Joan Rosling 1023 N 34'" Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 ,:.::,1·r,, RE: Conner Heliport Temporary Use Permit Appeal LUA 07-097 And Code Amendment SEPA Appeal LUA 08-004 Dear Ms. Rosling and Mr. & Mrs. Galster: Hearing Examiner Fred J. Kaufman This letter is intended to clarify the procedure and hearing process that will occur on May 6, 2008 in relation to the appeals filed in the above matters. Two separate appeals have been filed. The first appeal was filed by Joan F. Rosling and Pegi Galster, each on their own behalf, regarding the issuance of a Temporary Use Permit to establish a heliport on property located at 3001 Mountain View Avenue North. This is an appeal ofan administrative decision. A second and separate appeal was filed by Pegi Galster, an appellant in the first appeal. This second appeal is in regard to the issuance of a Determination of Non-Significance (DNS) for a proposed amendment to the Zoning Code that would provide a permit process for heliports. This is an appeal of a State Environmental Policy Act decision or a SEPA appeal. It appeared reasonable to have these two appeals heard on the same date since there are a number of common parties, potential issues and/or witnesses to both of these proceedings. This letter is merely intended to make sure that all of the parties are aware of the distinctness of the appeals while they have common elements. In both of these appeals, the appellant or appellants will have the burden of demonstrating that the City's decisions were erroneous. In the first appeal on the Temporary Permit, there is an underlying, third party applicant. That party will be entitled to appear and present evidence supporting their application on the appeal. In the SEPA appeal, the decision that is being challenged is based on the City's review of a code amendment and, therefore, the defense of that decision rests solely with the City. The question is focused on whether the code amendment would have a significant impact on the quality of the environment. As these are public hearings, the general public is entitled to testify but solely limited to the issues raised on the appeal and the legal limitations on such appeals. 1055 South Grady Way-Renton, Washington 98057 -(425) 430-6515 ~-'· H t· \ :J U · 1 ·---: ~ r: ··~· The hearings are scheduled to begin at 8:30am and this office will begin with the appeal of the DNS. The second appeal on the temporary permit will be heard at the conclusion of the first appeal. As a preliminary matter that day we may determine that certain testimony or evidence introduced at the first hearing could be incorporated into the record of the second hearing if there is relevancy. If the parties desire to iron out some of these issues prior to the hearing, they may do so by working amongst themselves. If this office can provide any further assistance, please feel free to call. Sincerely, ,-f,_L=1 J f;Ycf-,cu~/ Fred J. KauUan Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant Jolm Hemplemann, Attorney for Applicant All Parties of Record April 7, 2008 Joan Rosling 1023 N 34'" Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 RE: Conner Heliport Temporary Use Permit Appeal LUA 07-097 And Code Amendment SEPA Appeal LUA 08-004 Dear Ms. Rosling and Mr. & Mrs. Galster: This letter is intended to clarify the procedure and hearing process that will occur on May 6, 2008 in relation to the appeals filed in the above matters. Two separate appeals have been filed. The first appeal was filed by Joan F. Rosling and Pegi Galster, each on their own behalf, regarding the issuance of a Temporary Use Permit to establish a heliport on property located at 3001 Mountain View Avenue North. This is an appeal of an administrative decision. A second and separate appeal was filed by Pegi Galster, an appellant in the first appeal. This second appeal is in regard to the issuance of a Determination of Non-Significance (DNS) for a proposed amendment to the Zoning Code that would provide a pennit process for heliports. This is an appeal of a State Environmental Policy Act decision or a SEPA appeal. It appeared reasonable to have these two appeals heard on the same date since there are a number of common parties, potential issues and/or witnesses to both of these proceedings. This letter is merely intended to make sure that all of the parties are aware of the distinctness of the appeals while they have common elements. In both of these appeals, the appellant or appellants will have the burden of demonstrating that the City's decisions were erroneous. In the first appeal on the Temporary Permit, there is an underlying, third party applicant. That party will be entitled to appear and present evidence supporting their application on the appeal. In the SEPA appeal, the decision that is being challenged is based on the City's review of a code amendment and, therefore, the defense of that decision rests solely with the City. The question is focused on whether the code amendment would have a significant impact on the quality of the environment. As these are public hearings, the general public is entitled to testify but solely limited to the issues raised on the appeal and the legal limitations on such appeals. 1055 South Grady Way-Renton, Washington 98057 -(425) 430-6515 RENT'() \ ii \ D ,_; i· 1--j_E The hearings are scheduled to begin at 8:30am and this office will begin with the appeal of the DNS. The second appeal on the temporary permit will be heard at the conclusion of the first appeal. As a preliminary matter that day we may determine that certain testimony or evidence introduced at the first hearing could be incorporated into the record of the second hearing if there is relevancy. If the parties desire to iron out some of these issues prior to the hearing, they may do so by working amongst themselves. If this office can provide any further assistance, please feel free to call. Sincerely, ~J--~if KrJv,f-f1_r-'/ Fred J. KauUan Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant John Hemplemann, Attorney for Applicant All Parties of Record April 7, 2008 Joan Ro sling 1023 N 34th Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 <_;J'JCV RE: Conner Heliport Temporary Use Permit Appeal LUA 07-097 And Code Amendment SEPA Appeal LUA 08-004 Dear Ms. Rosling and Mr. & Mrs. Galster: This letter is intended to clarify the procedure and hearing process that will occur on May 6, 2008 in relation to the appeals filed in the above matters. Two separate appeals have been filed. The first appeal was filed by Joan F. Rosling and Pegi Galster, each on their own behalf, regarding the issuance of a Temporary Use Permit to establish a heliport on property located at 3001 Mountain View Avenue North. This is an appeal ofan administrative decision. A second and separate appeal was filed by Pegi Galster, an appellant in the first appeal. This second appeal is in regard to the issuance ofa Determination of Non-Significance (DNS) for a proposed amendment to the Zoning Code that would provide a permit process for heliports. This is an appeal of a State Environmental Policy Act decision or a SEPA appeal. It appeared reasonable to have these two appeals heard on the same date since there are a number of common parties, potential issues and/or witnesses to both of these proceedings. This letter is merely intended to make sure that all of the parties are aware of the distinctness of the appeals while they have common elements. In both of these appeals, the appellant or appellants will have the burden of demonstrating that the City's decisions were erroneous. In the first appeal on the Temporary Permit, there is an underlying, third party applicant. That party will be entitled to appear and present evidence supporting their application on the appeal. In the SEPA appeal, the decision that is being challenged is based on the City's review of a code amendment and, therefore, the defense of that decision rests solely with the City. The question is focused on whether the code amendment would have a significant impact on the quality of the environment. As these are public hearings, the general public is entitled to testify but solely limited to the issues raised on the appeal and the legal limitations on such appeals. 1055 South Grady Way-Renton, Washington 98057 -(425) 430-6515 I.?\'"'-----·---·-·---"-'"' ·'-"-----· ---'· Ii !· ·\)) 0 F ·: '-• i The hearings are scheduled to begin at 8:30am and this office will begin with the appeal of the DNS. The second appeal on the temporary permit will be heard at the conclusion of the first appeal. As a preliminary matter that day we may determine that certain testimony or evidence introduced at the first hearing could be incorporated into the record of the second hearing if there is relevancy. If the parties desire to iron out some of these issues prior to the hearing, they may do so by working amongst themselves. If this office can provide any further assistance, please feel free to call. Sincerely, ~ ~/ Kffv,;;-rLr~/ Fred J. KauMan Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant John Hemplemann, Attorney for Applicant All Parties of Record April 7, 2008 Joan Rosling I 023 N 34"' Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 RE: Conner Heliport Temporary Use Permit Appeal LUA 07-097 And Code Amendment SEPA Appeal LUA 08-004 Dear Ms. Rosling and Mr. & Mrs. Galster: Hearing Examiner Fred J. Kaufman This letter is intended to clarify the procedure and hearing process that will occur on May G, 2008 in relation to the appeals filed in the above matters. Two separate appeals have been filed. The first appeal was filed by Joan F. Rosling and Pegi Galster, each on their own behalf, regarding the issuance of a Temporary Use Permit to establish a heliport on property located at 3001 Mountain View Avenue North. This is an appeal ofan administrative decision. A second and separate appeal was filed by Pegi Galster, an appellant in the first appeal. This second appeal is in regard to the issuance ofa Determination of Non-Significance (DNS) for a proposed amendment to the Zoning Code that would provide a permit process for heliports. This is an appeal of a State Environmental Policy Act decision or a SEPA appeal. It appeared reasonable to have these two appeals heard on the same date since there arc a number of common parties, potential issues and/or witnesses to both of these proceedings. This letter is merely intended to make sure that all of the parties are aware of the distinctness of the appeals while they have common elements. In both of these appeals, the appellant or appellants will have the burden of demonstrating that the City's decisions were erroneous. In the first appeal on the Temporary Permit, there is an underlying, third party applicant. That party will be entitled to appear and present evidence supporting their application on the appeal. In the SEPA appeal, the decision that is being challenged is based on the City's review of a code amendment and, therefore, the defense of that decision rests solely with the City. The question is focused on whether the code amendment would have a significant impact on the quality of the environment. As these are public hearings, the general public is entitled to testify but solely limited to the issues raised on the appeal and the legal limitations on such appeals. 1055 South Grady Way -Renton, Washington 98057 -(425) 430-6515 RE 1'J ~Th;~~~'""'"--·-'--<=:no, ---·-'--' ·--•--'-' ,-,,~., The hearings are scheduled to begin at 8:30am and this office will begin with the appeal of the DNS. The second appeal on the temporary permit will be heard at the conclusion of the first appeal. As a preliminary matter that day we may determine that certain testimony or evidence introduced at the first hearing could be incorporated into the record of the second hearing if there is relevancy. If the parties desire to iron out some of these issues prior to the hearing, they may do so by working amongst themselves. If this office can provide any further assistance, please feel free to call. Sincerely, -I tL~f !::~"·/;_;~-/ Fred J. KauMan Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant John Hemplemann, Attorney for Applicant All Parties of Record Fred Kaufman -Re: Conner flelipo_rt Temp -Use Permit Appeal LUA 07-097 April 8 From: To: Date: Fred Kaufman CFC 3/13/2008 8:26:47 AM --------- Subject: Re: Conner Heliport Temporary Use Permit Appeal LUA 07-097 April 8 All correspondence with this office regarding pending land use applications must be part of the public record. Your email and this response will tie placed in the official file. Please refrain from replying to this email as that would generate another series of prinlouls and replies. »> CFC <cfc@connerhomes.com> 02/26/08 9:30 AM >» February 26, 2008<?xml:namespace prefix = o ns = "urn :schemas-m icrosoft-com: office:office" /> Via Email and U.S. Mail Fred Kaufman, Hearing Examiner 1055 South Grady Way Renton, WA 98057 Re: Conner Heliport Temporary Use Permit Appeal LUA 07-097 Dear Examiner Kaufman, Thank you for responding to my request to move the appeal hearing from March 18. I agree to your terms for moving the hearing to April 8 and therefore will not land my helicopter at my residence from March 18 until after a decision on the appeal has been rendered. Page 1 Fred Kaufman -Re: Conner Heliport Tempo · Use Permit Appeal LUA 07-097 April 8 Thank you for your consideration, Charlie Conner 3001 Mountain View Avenue North Renton, WA 98056 cfc@connerhomes.com <mailto:cfc@connerhomes.com> 425 417 5846 Page 2 March 11, 2008 Joan Rosling 1023 N 34th Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 RE: Conner Heliport Temporary Use Permit Appeal LUA 07-097 Dear Ms. Rosling and Mr. & Mrs. Galster: Hearing Examiner Fred J. Kaufman By agreement of all parties, the appeal hearing for the above referenced matter has been rescheduled for Tuesday, May 6, 2008. The SEPA Appeal heariug will begin at 8:30 a.m. followed at 10:00 a.m. by the Temporary Use Permit hearing. The hearings will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is I 055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, !!/(// cc;-,;J//7'. l:•/1 ~ / J Nancy Thompson Secretary to Hearing Examiner City of Renton I / cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant John Hemplemann, Attorney for Applicant All Parties of Record ··-------·--·-----------~------··--- ! 055 South Grady Way -Renton, Washington 98057 -(425) 430-6515 ~ T~11s u;mer <::on1ains 50% recvded ni,iteri;~I :'10% nn<st row:., im,c,, RE N'TC: ,\Hf"".L' 1:,, l"lil MARY LOWRY Fred Kaufman, Hearing Examiner Renton City Hall 1055 S. Grady Way Renton, WA 98057 Dear Sir; RECEIVED February 26, 2008 FEB 2 9 2008 C'JY CF RENTON EARING EXAMINER I am writing in oppos1t1on to the proposed Connor Heliport in the Kennydale neighborhood. As a resident of the neighborhood, I am against the increase in noise that would accompany such a structure as well as having concerns about its environmental impact. If allowing this heliport would make it possible for others to be built and used for this purpose it could be a precedent the community may later regret. Thank you for this consideration. Sincerely, 3326 PARK AVE 'J. • RENTON, WA• 98056 PHONE: 425 226-6630 • FAX: 425 226-6630 \\t::.CbVt:.L, C"'i 1 V CL Fpwc:; 0Fi~1Cf February 26, 2008 Mr. Fred Kaufman Hearing Examiner City of Renton ... Dear Mr. Kaufman, Having just received a copy of your letter to Mr. Hemplemann I regret that I cannot once again agree to postpone the hearing before you. This will be the 5th change that has been asked for. Each time in the past I have rescheduled plans . Once shortening my time with my son and granddaughter to accommodate the other party, only to have them ask for that time to be rescheduled. This time however, it would not be possible to reschedule. My son is in the merchant marine and he will be in Australia his home for only a short time. It is the only chance I will have to see him and my granddaughter for several months ... I have also arranged to do the bridge climb in Sydney with my best friend to celebrate her 60th birthday on April 4th and the money in not refundable. Ms. Nielsen called a few weeks ago and asked us to reschedule from our Feb.19th date she said that any of the dates between then and March 18th would be agreeable with ML Hemplemann. I chose the very last date offered thinking this would give him the most time to arrange his schedule. I will not return until late in April and would so like to have the opportunity to present my concerns before I leave. I offer my apologies for any inconvenience this may cause: Resoectfully; . _). // ) --+-// . / . .·· ::'e;2<'. i2a cc-::J /Y-1. • Pegi Galster I/, February 26, 2008 Via Email and U.S. Mail Fred Kaufman, Hearing Examiner 1055 South Grady Way Renton, WA 98057 RECEIVED FEB 2 9 2008 CITY uF RENTON HEARING EXAMINER Re: Conner Heliport Temporary Use Permit Appeal LUA 07-097 Dear Examiner Kaufman, Thank you for responding to my request to move the appeal hearing from March 18. I agree to your terms for moving the hearing to April 8 and therefore will not land my helicopter at my residence from March 18 until after a decision on the appeal has been rendered. Thank you for your consideration, /0/J '.~~~ Charlie Conner 3001 Mountain View Avenue North Renton, WA 98056 cfc@connerhomes.com 425 417 5846 j February 20. 2008 John W. Hempelmann Caimcross & Hempelmann. P.S. 524 Second Avenue, Ste. 500 Seattle, WA 98104-2323 RE: Conner Heliport Temporary Use Permit Appeal LUA 07-097 Dear Mr. Hempclmann: Hearing Examiner Fred J. Kaufman This matter was originally appealed on October 11, 2007 by two separate appellants. They expressed concerns about noise and other environmental impacts of the helicopter use on neighboring property permitted by approval of a Temporary Use Permit (LUA-07-097). The matter was then scheduled for a public hearing for November 6, 2007. There were scheduling conflicts on both sides and the matter was rescheduled for January 15, 2008. Your office then informed our office that the January IS'h date would not work. It was then scheduled for February 19, 2008. At the request of the City and the applicant the matter was again rescheduled to allow the City Council to review potential ordinance changes. The appellants begrudgingly agreed to another continuance but they wanted the hearing to occur and agreed only if it were not later than March 18, 2008. This ofiice therefore, rescheduled the Hearing for March 18, 2008. While your office and the City Attorney may have discussed dates, this office was not aware of any details. At this point, the matter has been pending and the appellants have not had a chance to contest the permit they indicate has introduced noise and environmental impacts to the area. The decision at issue was issued by the City. The City has the primary responsibility to defend that decision. The City Attorney is apparently ready to defend the City's position. This office will not grant another continuance unless your client agrees to discontinue use of the heliport until after a decision on the appeal is issued. This office is not ruling on the appeal at this time and has no information other than the appeal letters but if the permit was improperly issued 1055 South Grady Way -Renton, Washington 98057 -(425) 430-6515 , then delaying this matter further would be a disservice to the appellants and to the entire appeal and public hearing process. lfthe applicant agrees to discontinue use of the helicopter, the hearing could be rescheduled for April 8, 2008. If this office can be of further assistance, please feel free to write. Sincerely, Fr::~~a~ Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Jennifer Henning, Development Services Denis Law, Mayor City Council Members Joan Rosling, Appellant Pegi DuBois Galster, Appellant Charles Conner, Owner, Applicant All Parties of Record " j february 19, 2008 VIA EMAIL AND U.S. MAIL . Fred Kaufman City of Renton Hearing Examiner 1055 S Grady Way Renton, WA 98057 Re: Appeal of Conner TUP File No. LUA 07-097 Dear Examiner Kaufman, Cairncross & Hempelmann, P.S. RECEIVED FEB to 2008 CITY OF RENTON HEARING EXAMINER As the file reflects, I am Counsel for Charlie Conner and represent him in the referenced Appeal. The Appeal Hearing was recently continued because the City Council is considering legislation that would make private heliports a Conditional Use and permit them as private seaplane bases are currently permitted. When Staff requested available dates from me for a continued hearing, I stated that April 8, and possibly March 25, would be available and made clear March 18 would not work as I would be out of State. Unfortunately, I saw by email that the Hearing was set for March 18. I cannot participate on that date and request that the continued Hearing be set for April 8. Thank you for your consideration. JWH:gjg cc: Charlie Conner Jennifer Henning Ann Nielsen Law Offices 524 Sn:ond A1,cn11c, Suite 500 Se,1tlir!', \V11slnng1011 98/04-2323 Pfrnne: 206-587-0700 • Fax: 206-587-2308 www.(air11c f(l.i.>. com Very truly yours, (J61im -/11n µ /n"-n.A..__ Joa. Hempelmann {00649S83.DOC; I} ihempelmqnn@cairncrqss.com direct: (206) 254-4400 February 19, 2008 VIA EMAIL AND U.S. MAIL . Fred Kaufman City of Renton Hearing Examiner 1055 S. Grady Way Renton, WA 98057 Re: Appeal of Conner TUP File No. LUA 07-097 Dear Examiner Kaufman, Cairn cross & Hempelmann, P. S. RECEIVED FEB to 2008 CITY OF RENTON HEARING EXAMINER As the file reflects, I am Counsel for Charlie Conner and represent him in the referenced Appeal. The Appeal Hearing was recently continued because the City Council is considering legislation that would make private heliports a Conditional Use and permit them as private seaplane bases are currently permitted. When Staff requested available dates from me for a continued hearing, I stated that April 8, and possibly March 25, would be available and made clear March 18 would not work as 1 would be out of State. Unfortunately, I saw by email that the Hearing was set for March 18. I cannot participate on that date and request that the continued Hearing be set for April 8. Thank you for your consideration. JWH:gjg cc: Charlie Conner Jennifer Henning Ann Nielsen Law Offices 524 S(•cond Al'enuc, S11iie 500 Seal/le, \Vashing/011 98104-2323 Phone: 206-587-0700 • r<1x: 206-587-2308 Very truly yours, {00649583.DOC; I} jhempeimann@cairncross.com direct: (206) 254-4400 February 19, 2008 VIA EMAIL AND U.S. MAIL . Fred Kaufman City of Renton Hearing Examiner 1055 S. Grady Way Renton, WA 98057 Re: Appeal of Conner TUP File No. LUA 07-097 Dear Examiner Kaufman, Cairncross & Hempelmann, P.S. As the file reflects, I am Counsel for Charlie Conner and represent him in the referenced Appeal. The Appeal Hearing was recently continued because the City Council is considering legislation that would make private heliports a Conditional Use and permit them as private seaplane bases are currently permitted. When Staff requested available dates from me for a continued hearing, I stated that April 8, and possibly March 25, would be available and made clear March 18 would not work as I would be out of State. Unfortunately, I saw by email that the Hearing was set for March 18. I cannot participate on that date and request that the continued Hearing be set for April 8. Thank you for your consideration. JWH:gjg cc: Charlie Conner Jennifer Henning Ann Nielsen !,aw Offices S(.·,ittlc, Wusliinsto11 9<!104 .l323 /!/Jow: 2/!6-S,F-UliHJ. Fax: }06-SX7-130H 11'\1' M'. (ii! !"//(rt'.'·'·(()/// Very truly yours, CJthh -/:f1n;w /yz~ Joa. Hempclmann {00649583.DOC;l} fhe mpelmann(ii1cairncross, cqm direct: (206) 254-4400 0 _....,.-···"'.·-----...._ ·""~·C) r'- /'\ \ ----~ I ) \_ /~C-;>;: .·----.:._\;< ~ i ·t i' u_--~-)\.\ :, .,,,,,\ ~ -· ,:_ '· Hearing Examiner Fred J. Kaufman \ -u\._ ~<" Denis Law, Mayor ''I:-----.,,,,,._ ____________________________________ , "·· : ' 7\i ,y l_)., =··· February 19, 2008 Joan Rosling 1023 N 34th Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 RE: Conner Heliport Temporary Use Permit Appeal LUA0?-097 Dear Ms. Rosling and Mr. & Mrs. Galster: By agreement of all parties, the appeal hearing for the above referenced matter has been rescheduled for Tuesday, March 18, 2008 at 9:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, Nancy Thompson Secretary to Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant John Hernplemann, Attorney for Applicant All Parties of Record 1055 South Grady Way-Renton, Washington 98057 -(425) 430-6515 @ This paper cu11\3ins 'if/% :ec1cied mate, 1a, 30% post consum<01 '.fl I',\[): February 18, 2008 Fred Kaufman, Hearing Examiner, 1055 South Grady Way Renton, WA 98057 RECEIVED FEB 10 2008 CITY rJF RENTON HEARING EXAMINER Re: Conner Heliport Temporary Use Permit Appeal LUA 07-097 Dear Mr. Kaufman, Due to the fact that I will be out of the country on March 18, on a trip with family and friends that was planned last year, has been fully paid for and is non- refundable, I request that the appeal hearing scheduled for March 18 be rescheduled to March 25, April 8, or April 15. Thank you for your consideration, ~.~ Charlie Conner 3001 Mountain View Avenue North Renton, WA 98056 cfc@connerhomes.com 425 417 5846 RECEIVED FEB 112008 CITY OF RENTON HEARING EXAMINER · FredXanfman, Hearing Examiner 1055 SouthGtadyWay Rmtoo. Was 980$, CITY ~ RENTON February 8, 2008 Office of the City Attorney Lawreace J; Warren Senior Aulstut City Attoneys M1rkBarller ZuettaL.F- Aailtut City Attorneys ~-li-Nl<lsea Ga .... NCWNaD · llllawa E, Anhr. Re: Ggnnndlc)bx;,rt TUP Appeal LUA07-097 Ollar Mr. EJ:arniu,r: . . . . . . . . . The Respondent, City.of Rimon bai l'Dq~ a c:ontinuation of $)ve0referenced hearing, which is eunently scheduled fol Tuesday, February 19, 2008 at 9:00 a.m. The City made this requesJ: to &1« there is a related issue of a code.text amei.dmmt n:garding heliports which is scheduled ~ a public bearing befi:m: the City Council. The~ to be D!l!de by~~ regarding this issue would dm:tly impact the issues in the above-~ce appeal. Therefore, in the interest ofjudichil econo~y.thc City believes_thatacontinuancewouldbe prudent. Pursuant to the Hearing F.Jrernina:'s request. the parties are submitting 1his written lettmr as 01ll' joint notice to i:ofttmiie 1M lieii$lg. "'" John Hcmpleman PostOfficeBox.626-Rtmlmi, Washington 98057-(425)2SS-8678/JtAX(42S}2SS,-5474 . RENTON .. ~_-._·· •• . . . . T\ ______ ~ AHEAD 0~ °(HE CtJRVE. . A'\ '\.:· , _,..-.. ··--·~., . ,~I\' / ... ';\· .. -"~.-(,~ (~: I 'l''' '( . ' ~ ....._, .., ·'1 . / 's,, .• :/ ~· . + \~-' , ' ,, . .. . I • Hearing Examiner Fred J. Kaufman \ ;\..11 -·. ;;;./ Denis Law, Mayor \'.4~t'------------------- February 20, 2008 John W. Hempelrnann Caimcross & Hempelmann, P.S. 524 Second Avenue, Ste. 500 Seattle, WA 98104-2323 RE: Conner Heliport Temporary Use Permit Appeal LUA 07-097 Dear Mr. Hempelmann: RECEIVED FEB 2 o 200B Renton City Council CITY OF RENTON APR U 3 2008 This matter was originally appealed on October 11, 2007 by two separate appellants. They expressed concerns about noise and other environmental impacts of the helicopter use on neighboring property permitted by approval of a Temporary Use Permit (LUA-07-097). The matter was then scheduled for a public hearing for November 6, 2007. There were scheduling conflicts on both sides and the matter was rescheduled for January 15, 2008. Your office then informed our office that the January 15"' date would not work. It was then scheduled for February 19, 2008. At the request of the City and the applicant the matter was again rescheduled to allow the City Council to review potential ordinance changes. The appellants begrudgingly agreed to another continuance but they wanted the hearing to occur and agreed only if it were not later than March 18, 2008. This office therefore, rescheduled the Hearing for March 18, 2008. While your office and the City Attorney may have discussed dates, this office was not aware of any details. At this point, the matter has been pending and the appellants have not had a chance to contest the permit they indicate has introduced noise and environmental impacts to the area. The decision at issue was issued by the City. The City has the primary responsibility to defend that decision. The City Attorney is apparently ready to defend the City's position. This office will not grant another continuance unless your client agrees to discontinue use of the heliport until after a decision on the appeal is issued. This office is not ruling on the appeal at this time and has no information other than the appeal letters but if the permit was improperly issued .. ----------....... __ -·-------·-----------·----~------I~.ENT(; 1055 South Grady Way-Renton, Washington 98057 -(425) 430-6515 ., t then delaying this matter further would be a disservice to the appellants and to the entire appeal and public hearing process. If the applicant agrees to discontinue use of the helicopter, the hearing could be rescheduled for April 8, 2008. If this office can be of further assistance, please feel free to write. Sincerely, ---! _.-----•. _ r Fre:~~~a0 Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Jennifer Henning, Development Services Denis Law, Mayor City Council Members Joan Rosling, Appellant Pegi DuBois Galster, Appellant Charles Conner, Owner, Applicant All Parties of Record .. February 19, 2008 VIA EMAIL AND U.S. MAIL . Fred Kaufman City of Renton Hearing Examiner 1055 S. Grady Way Renton, WA 98057 Re: Appeal of Conner TUP File No. LUA 07-097 Dear Examiner Kaufman, Cairncross & Hempelmann, P.S. RECEIVED FEB to 2008 CITY OF RENTON HEARING EXAMINER As the file reflects, 1 am Counsel for Charlie Conner and represent him in the referenced Appeal. The Appeal Hearing was recently continued because the City Council is considering legislation that would make private heliports a Conditional Use and permit them as private seaplane bases are currently permitted. When Staff requested available dates from me for a continued hearing, I stated that April 8, and possibly March 25, would be available and made clear March I8 would not work as I would be out of State. Unfortunately, I saw by email that the Hearing was set for March I 8. I cannot participate on that date and request that the continued Hearing be set for April 8. Thank you for your consideration. JWH:gjg cc: Charlie Conner Jennifer Henning Ann Nielsen Law Offices 524 St'cond Al'enuc, Sr1ile 500 Se,111h•, \VasftirJg/on 98!04-2323 Pho11e: 206-587-0700 • F,1.1.:: 206-587-2308 www.a1ir11cro.>s. (U/11 Very truly yours, (}tAn -/fmµ ht~_ Joa.. Hempelmann {00649583.DOC;I} fhempelmann@cairncross.com direct: (206) }54-4400 0 " ~-t'. \ r~.'> -) J\ l:~:--u-:1:> ! ( f ' __ .\ \ ) __ .,,..-/'"· / ' . /---.!,,/ __ ,- Rr~·c.\/ED FEB 112008 Cl1Y ut= RE HEARING ex.J'~N ,, '1 (;;'1.,/,'-{ \ ! . / I / <.:,_ -,/1 -K/ ~ _./ ;,-· _,(.,,, ,_, ./ "-~·--1 / __ / }~ --~ :::c ..;,,,' :~~ ~--·~1 II 0,~~ko<, • J • "?-'< Kathy Keolker, Mayor ~'NrfO December 6, 2007 Joan Rosling 1023 N 34th Street Renton, WA 98056 Peg1 DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 RE: Conner Heliport Temporary Use Permit Appeal LUA 07-097 Dear Ms. Rosling and Mr. & Mrs. Galster: CIT~' •F REN-f'ON Hearing Examiner Fred J. Kaufman The appeal hearing for the above referenced matter has been rescheduled for Tuesday, February 19, 2008 at 9:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, /1,.1,., .. (' J•./. /J f,,-n ,,__,,,;/2..r,,__.,· lt.-1.; G -· '-~.-·/ • V Nancy Thompson Secretary to Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant John Hemplemann, Attorney for Applicant All Parties of Record ----l-0-55_S_o_u_th_G_r_ad_y_W-ay---R-e-n-to-n,-W-as-h-in-gt_o_n_9_80_5_5_--(4_2_5_)_43-0--6-5-15 ____ -~ @ This paper CO!lta1ns 50% recycled material, 30% post consumer AHEc\D OF THE CURVE Kathy Keolker, Mayor November 29, 2007 Joan Rosling 1023 N 34th Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 RE: Conner Heliport Temporary Use Permit Appeal LUA07-097 Dear Ms. Rosling and Mr. and Mrs. Galster: Hearing Examiner Fred J. Kaufman We just received a phone call from John Hemplemann's office, requesting a continuance of this hearing until February 19, 2008. They have a conflict on January 15, 2008. Please notify this office as soon as possible if this date would work for you or an alternative date that is acceptable. I would also like to request that each of you provide this office with a phone number where we can contact you. Thank you for your consideration in this matter. Sincerely, !'la,nr.-c1-,J;{.,',,'(J · 1 Nancy Thompson Secretary to Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant John Hemplemann, Attorney for Applicant ----l-0-55_S_o_u_th_G_rad_y_W_ay---R-e_n_to-n,-W-as-h-in_gt_o_n_9_8_05_5_--(4_2_5_)_43-0--6-5-l5 ____ ~ AHEAD OF THE CIJRVE October 23, 2007 Joan Rosling 1023 N 34"' Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 RE: Conner Heliport Temporary Use Permit Appeal LUA07-097 Dear Ms. Rosling and Mr. and Mrs. Galster: CITY ~F RENTON Hearing Examiner Fred J. Kaufman Due to several conflicts in schedules, the appeal hearing has been rescheduled for Tuesday, January 15, 2008 at 9:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, /7 (A,7< ,~,1-, .J/1--rev',-...---. . ' J (/ Nancy Thompson Secretary to Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant All Parties of Record ----10_5_5_S-ou_th_G-ra-dy-W-ay---R-e-nt_o_n,-W-as_h_i_ng-to_n_9_8_0_55---(-42_5_) _43-0--6-5-15----~ AHEAD OF THE CCRVE October 23, 2007 City of Renton Hearing Examiner 1055 S. Grady Way Renton, WA 98055 Re: Conner Heliport TUP Dear Clerk: Cairncross & Hernpelmann, P.S. Enclosed is our original Notice of Appearance for filing in the above entitled matter. Please conform the enclosed copy and return in the self-addressed stamped envelope provided for your convenience. MSD:dbm Enclosure cc: Charlie Conner (w/encl.) Steve Johns (w/ encl.) Law Offices s_?./ \1',_"1).','d ,.1,\'Clii/L', Suire SO() Sc1li'rlc, \L1Sl1i11stl)!! 91\10--1-2323 !1!un1e: .!0(,~_'18'.i-/i700 • Fax: .!06-S87-2308 Midori S. Dillon Legal Assistant {00585875DOC;l} mdillon@ca![_ncross.com direct: (206) 254-4401 c, 1 2 3 4 5 6 7 8 9 JO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 FRED J. KAUFMAN, HEARING EXAMINER BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON In the Matter of the Conner Heliport Temporary Use Permit, NO. LUA 07-097 TO: AND TO: AND TO: NOTICE OF APPEARANCE Clerk of the City of Renton; Ann Nielsen, Assistant City Attorney, and Neil Watts/Jennifer Henning, Renton Development Services; Pegi DuBois Galster, Martin F. Galster and Joan Rosling Please take notice that Charles Conner and Anne Simpson, without waiving any lawful objection relating to jurisdiction or any other matter, hereby enters their appearance in the above- entitled matter by and through their attorney, John W. Hempelmann of Cairncross & Hempelmann, P.S., and request that all papers or pleadings in this matter be served upon them at the address stated below. DATED this 23rd day of October, 2007. Respectfully submitted, i CAIRNC~Q,,SS & E // ELMANN, P.S. / I I i --·-. -?1,;{j_; Attorneys for Charles Conner and Anny-Simpson c/ NOTICE OF APPEARANCE-I {00585133.DOC; I} Cairncross & Hempe/mann, P.S. Law Office.\· 524 Second Avenue, Suite 500 Seattle, Washington 98104-2323 Phone: 206-587-0700 • Fax: 206-587-2308 COMMENCING AT 9:00 AM, CITY OF RENTON HEARING EXAMINER PUBLIC HEARING April 8, 2008 AGENDA COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The application(s) listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. PROJECT NAME: Conner Heliport Temporary Use Permit Appeal PROJECT NUMBER: LUA0?-097, TP PROJECT DESCRIPTION: Two appeals filed regarding the granting of a Temporary Use Permit to allow the use of an existing site, located at 3001 Mountain View Drive, as a private helicopter landing and takeoff area. The site is on private property within the R-8 Zoning designation. HEX Agenda 4-8-08.doc .. , OF I~J(N'I'ON ·11 1~' I ,. ·aiCC•i/i'€t{"''' . + Hearing Examiner ~ :!f(. ·.~:< ,> Denis Law, Mayor Fred J. Kaufman ',,)' /',Y '•'-----------------------------. <.:.'N<f"-·.r February 20, 2008 John W. Hempelmann Cairncross & Hempelmann, P.S. 524 Second Avenue, Ste. 500 Seattle, WA 98104-2323 RE: Conner Heliport Temporary Use Permit Appeal LUA 07-097 Dear Mr. Hempelmann: This matter was originally appealed on October 11, 2007 by two separate appellants. They expressed concerns about noise and other environmental impacts of the helicopter use on neighboring property permitted by approval of a Temporary Use Permit (LUA-07-097). The matter was then scheduled for a public hearing for November 6, 2007. There were scheduling conflicts on both sides and the matter was rescheduled for January 15, 2008. Your office then informed our office that the January !5'h date would not work. It was then scheduled for February 19, 2008. At the request of the City and the applicant the matter was again rescheduled to allow the City Council to review potential ordinance changes. The appellants begrudgingly agreed to another continuance but they wanted the hearing to occur and agreed only if it were not later than March 18, 2008. This office therefore, rescheduled the Hearing for March 18, 2008. While your office and the City Attorney may have discussed dates, this office was not aware of any details. At this point, the matter has been pending and the appellants have not had a chance to contest the permit they indicate has introduced noise and environmental impacts to the area. The decision at issue was issued by the City. The City has the primary responsibility to defend that decision. The City Attorney is apparently ready to defend the City's position. This office will not grant another continuance unless your client agrees to discontinue use of the heliport until after a decision on the appeal is issued. This office is not ruling on the appeal at this time and has no information other than the appeal letters but if the permit was improperly issued 1055 South Grady Way -Renton, Washington 98057 -(425) 430-6515 @ r ;iis p,apor contains soc,,;, recy,~led rr>atenaL 30% v,s1 ::01·,~un,,,r '-C! T· '· f'I \l j· '7' j-1 T-. , · , then delaying this matter further would be a disservice to the appellants and to the entire appeal and public hearing process. If the applicant agrees to discontinue use of the helicopter, the hearing could be rescheduled for April 8, 2008. If this office can be of further assistance, please feel free to write. Sincerely, -=~l \i Fred J. Kaufma~ Hearing Examiner City of Renton ,.; ;r_ ,,.~---- cc: Ann Nielsen Assistant City Attorney Jennifer Henning, Development Services Denis Law, Mayor City Council Members Joan Rosling, Appellant Pegi DuBois Galster, Appellant Charles Conner, Owner, Applicant All Parties of Record OEVELOPM!:N I SERVICE8 CITY OF RENTON FEB ~; 1 : · R'ECE/VED ,• ; February 19, 2008 VIA EMAIL AND U.S. MAIL . Fred Kaufman City of Renton Hearing Examiner I 055 S. Grady Way Renton, WA 98057 Re: Appeal of Conner TUP File No. LUA 07-097 Dear Examiner Kaufman, Cairncross & Hempelmann, P.S. RECEIVED FEB to 2008 CITY OF RENTON HEARING EXAMINER As the file reflects, I am Counsel for Charlie Conner and represent him in the referenced Appeal. The Appeal Hearing was recently continued because the City Council is considering legislation that would make private heliports a Conditional Use and permit them as private seaplane bases are currently permitted. When Staff requested available dates from me for a continued hearing, I stated that April 8, and possibly March 25, would be available and made clear March 18 would not work as I would be out of State. Unfortunately, I saw by email that the Hearing was set for March 18. I cannot participate on that date and request that the continued Hearing be set for April 8. Thank you for your consideration. JWH:gjg cc: Charlie Conner Jennifer Henning Ann Nielsen Law Offices 524 Si·co11d A1'e1we, Suire 500 SeaHi'c, \Vaslring1011 98/04-2323 Phone: 206-587-0700 • Fax: 206-587-2308 www.cair11cros.1 cu111 Very truly yours, (00649583.DOC;I) ihempefmann@cairncross.com direct: (206) 254-4400 0 ,.._: -~---... . --j·---. ( _;, ., _. -...-<_ ... \ / '\~-,. ~ ;' ti_ +-\) + \ .JI, . Hearing Examiner Fred J, Kaufman \1',-J;.-Denis Law, Mayor \.f~'~y{O:,,<' ~------------------------------ February 19, 2008 Joan Rosi ing I 023 N 34<h Street Renton, WA 98056 Pegi DuBois Galster Martin F, Galster 2907 Mountain View Ave N Renton, WA 98056 RE: Conner Heliport Temporary Use Permit Appeal LUA 07-097 Dear Ms, Rosling and ML & Mrs, Galster: By agreement of all parties, the appeal hearing for the above referenced matter has been rescheduled for Tuesday, March 18, 2008 at 9:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City HalL The address is 1055 S Grady Way in Renton, If this office can provide any further assistance, please address those comments in writing, Sincerely, Y!U,,11,C~~~- Nancy Thompson Secretary to Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant John Hcmplemann, Attorney for Applicant All Parties of Record 1055 South Grady Way-Renton, Washington 98057 -(425) 430-6515 I-ZENrr '<; CIT~( ;, RENTON +o~~ko".' Planning/Building/PublicWorks Department ~ ~ ~ Denis Law, Mayor Gregg Zimmerman P .E., Administrator ?i'Ni"fQI)"------------------------ February 15, 2008 Joan Rosling I 023 N 34th Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 SUBJECT: CONNER HELIPORT TEMPORARY USE PERMIT APPEAL (FILE NO. LUA 07-097) Dear Ms. Rosling, and Mr. & Mrs. Galster The appeal hearing for the above reference matter has been rescheduled for Tuesday, March 18, 2008 at 9:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 South Grady Way, in Renton. If you have any questions regarding this letter, please contact me at: ( 425) 430-7286. Sincerely, ~fotJ;r!-tv-ef Jennifer Toth Henning, AICP Current Planning Manager cc: Ann Nielsen, Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant John Hemplemann, Attorney for Applicant All Parties of Record -------10_5_5-So_u_th_G_r_ad_y_W-ay--~R_e_n_to_n_, W-a,-h-in_gt_o_n~9-80_5_7~------~ @ This paper contains 50% recyc~ material, 30% post consumer AHEAD OF THE CURVE : Elizabettl~i~[in_s -l'<e: Helicop_ter_h<=cJrirM q_u_estion From: To: Date: Subject: Mr. Hancock- Erika Conkling Hancock, Mark 01/22/2008 3:59:04 PM Re: Helicopter hearing question The SEPA notice (and cover letter and issue paper) were sent to the properties that would be subject to the change in the regulation, which includes properties fronting Lake Washington on Mt. View and Ripley Lane. It was also sent to the party of record list for the Conner Temporary Use Permit. It was posted in seven locations. It was not published in the paper. The meeting with the Planning Commission is NOT a public hearing. A public hearing will be held before the City Council on this issue sometime in February or March. The hearing will be held after the environmental review (SEPA review) is completed and primarily reviews the "non-environmental" issues. The Planning Commission meeting is also NOT specifically a review of environmental issues. Environmental issues are reviewed and addressed by the City Environmental Review Committee (ERC). If you wish to submit comments on the environmental review, you must do so in writing by January 30, 2008. You can submit comments via email, but they must contain your name and mailing address to be accepted. What will happen tomorrow night at the Planning Commission meeting is a briefing. The commission will be briefed on the information in the issue paper you received in the mailing. After the briefing the Commission will have the opportunity to ask questions of staff. A time is given for audience comment, at which point interested parties will be given a couple minutes to address the Commission. If you would like to address the Commission, you can either attend the meeting or send correspondence. Correspondence for the Planning Commisison can be sent to me using the contact information below. This issue will likely appear before the Planning Commission again in February before they formulate a recommendation to send to the Council. The Commission has tentatively scheduled February 13, 2008 for a continuation of this topic. Your name will be added to the interested parties list and you should receive notice of future meetings. Please feel free to call or email me with any additional questions that you might have. Erika Conkling, Senior Planner City of Renton Economic Development Neighborhoods and Strategic Planning Department 1055 S. Grady Way Renton, WA 98057 voice: (425) 430-6578 fax: (425) 430-7300 email: econkling@ci.renton.wa.us »> Mark Hancock <markhancock@hotmail.com> 01/22/08 2:52 PM»> Hi Ms. Conkling - Could you please tell me about the distribution of the mailing you sent out about the helicopter ordinance hearing tomorrow? Did it only go to the 20 or so interested parties on the Conner Temporary Use Permit list, or others? Did it go out to the entire Lower Kennydale neighborhood, and/or all the lakefront homes in Renton? Was it published in the newspaper? (it is not in the Saturday Renton Reporter). It is very disappointing to receive it just 3 business days before the hearing -no time to research and prepare, discuss with neighbors, etc. Given the short notice, I hereby request that the Planning Commission hearing remain open and be continued past January 23. Also that the written comment period that is mentioned as through January 30 Page_ 1 i • ~_i:_liz_a_be:h Higgins -F<_Er Helicopter he1i!in q_u_estion Page 2 i -~---··---________ I include all public input on this issue, not just environmental concerns. Also, that the City Council public hearing that is mentioned in the DNS also be open to public comment on all aspects of this issue, not just the DNS or environmental issues. Thank you, Mark Hancock 9-year Kennydale Resident Shed those extra pounds with MSN and The Biggest Loser! Learn more. CC: Higgins, Elizabeth; Zimmerman, Gregg ---------· - I Elizabeth Higgi~: Helico_pter Docht Request_~----- From: To: Date: Subject: Erika Conkling Henning, Jennifer 01/04/2008 10:54:35 AM Re: Helicopter Docket Request I have this scheduled for a Planning Commission Briefing on March 13, and Planning Commission Recommendation on March 27. I have not begun to work on it yet-I have eight docket items ahead of it- plus the Highlands and the SMP work. Erika Conkling, Senior Planner City of Renton Economic Development Neighborhoods and Strategic Planning Department 1055 S. Grady Way Renton, WA 98057 voice: (425) 430-6578 fax: (425) 430-7300 email: econkling@ci.renton.wa.us >» Jennifer Henning 01/03/08 12:14 PM»> Hi Erika, Rebecca tells me that you are staffing this docket request for helicopter/heliport activities in the R-8 Zone along Lake Washington. Can you give me the schedule for the item so that we can pass it along to the property owners that are party to the appeal of the Temporary Use Permit for Mr. Conner's helicopter? Thanks! CC: Higgins, Elizabeth Page iJ ,r .. ,,;s--~ o · ... ·. (!~,. ~) ·CIT'--OF RENTON d • ..II • Hearing Examiner Fred J. Kaufman ~ -~ Kathy Keolker, Mayor ?3NcrO December 6, 2007 Joan Rosling 1023 N 34'" Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 RE: Conner Heliport Temporary Use Permit Appeal LUA 07-097 Dear Ms. Rosling and Mr. & Mrs. Galster: The appeal hearing for the above referenced matter has been rescheduled for Tuesday, February 19, 2008 at 9:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Ha!L The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing_ Sincerely, l(aY<h'j ~--nyv~--J Nancy Thompson Secretary to Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant John Hemplemann, Attorney for Applicant All Parties of Record ----10_5_5_S_ou_th_G_ra_dy-W-ay---R-e-nt-on-,-W-as-h-in_gt_o_n_9_8_05-5---(4-2-5)_4_3_0--6-51_5 ____ ~ @ This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE . ,· U.S. Department of Transportation Federal Aviation Administration December 3, 2007 Mr. Charles F. Conner 3001 Mountain View Ave. N. Renton, WA 98065 Dear Mr. Conner: Northwest Mountain Region Seattle Airports District Office 1601 Lind Avenue S.W., Suite 250 Renton, Washington 98057-3356 We have studied your Notice of Landing Area Proposal, Federal Aviation Administration (FAA) Form 7480-1, to establish a private use heliport, Odyssey, Renton, Washington, at latitude 47° 31' 05.44"N and longitude 122° 12' 39.27"W (NAO 1983). Aeronautical Study 2007-ANM-648-NRA indicates that the proposal would not be contrary to the safe and efficient use of navigable airspace. Therefore we have no objection to its establishment. The following FAA divisions provided comment. Air Traffic: Inside Renton Controlled airspace. Class D rules will apply when active. Flight Procedures: No impact to IFR operations in the area. However, helicopter operations need to be in compliance with Renton CLASS D airspace requirements." when active. Since this is a private use helipad, the proponent is responsible for meeting local noise requirements, and zoning requirements to accomodate a landing site within a residential area. It would be advisable for the local municipality to petition the adjacent homeowners regarding this site. Flight Standards: Site inspected w/proponent present. Arrivals and departures will be from water side only. Landing site dimensions and obstacle clearances acceptable. Flight Standards recommendations accomplished in that proponent has prearranged and discussed with Renton ATCT Manager procedures for ops in Class D Airspace. Fences limiting access to landing site being erected or reconstructed. This airspace determination should not be construed to mean FAA approval of the physical development involved in the proposal. It is only a determination with respect to the safe and . efficient use of airspace by aircraft. In making this determination, the FAA has considered matters such as the effect the proposal would have on existing or contemplated traffic patterns of neighboring airports, the effects it would have on the existing airspace structure and projected programs of the FAA, and the effects that existing or proposed man-made objects (on file with the FAA) and natural objects within the affected area would have on the heliport proposal. This determination no way preempts or waives any ordinance, laws, or regulations of any other governmental body or agency. No evaluation of the environmental aspects of your proposal has been made; therefore, this determination does not constitute environmental approval under the National Environmental Policy Act·of 1969. You should be aware that the FAA cannot prevent the construction of a structure near the heliport. The heliport environs can only be protected through such means as local zoning ordinances or acquisition of property rights. We recommend that the proposal be developed per established heliport design standards. For this purpose, the FAA has prepared a useful and interesting handbook entitled .,. 2 "Heliport Design", Advisory Circular 150-5390-2. Chapters 1 through 3 on Private Use Heliports of this publication is enclosed. When the proposal becomes operational, please complete and return the enclosed FAA Form 5010-5, "Airport Master Record", which is pre-addressed for that purpose. The enclosed Advisory Circular 150/5200-35, "Submitting the Airport Master Record In Order To Activate A New Airport", is provided for your use in completing this form, and is also available on-line, at http://www.faa.gov/alrports airtraffic/airports/resources/advisory circulars/media/150-5200-35/150 5200 35.pdf. If the proposal does not become operational and/or the FAA Form 5010-5 is not submitted by December 31, 2008, this airspace determination will expire. A time extension may be requested, but its issuance will be dependent upon a review of aeronautical activity in the area. If, in the future, you wish to open the airport to public use, a new airspace determination will be required. Thank you for your cooperation and patience in this matter. If you have any questions, please call me at (425) 227-2641. Sincerely, Original signed by Paul Holmquist Airspace Specialist 3 Enclosures: FAA Form 5010-5 Advisory Circular 150/5200-35 Heliport Design cc: Washington State Aeronautics (w/7480-1 and map) AAS-330 (w/7480-1 and map) AAL-535 ANM-900 (w/7 480-1 and map) ANM-902 (w/7480-1 and map) Rebecca Lind, City of Renton Ryan Zulauf, Manager, Renton Municipal Airport • 'Ill --·------ :§;z;abethH!ggrns -RE ·-·~ .. --, --. ·. ~ ...... --] . _____ Page 1 ··- From: To: Date: Subject: Jennifer, "Carol Tobin" <ctobin@mrsc.org> "Jennifer Henning" <Jhenning@ci.renton.wa.us> 11/20/2007 11 :55:56 AM RE: Helicopters in Residential Areas Cities do not generally allow helicopter landing and take off in residential areas except for emergency medical situations. A few cities, primarily the ones you mentioned, Hunts Point, Redmond, and Sammamish, allow aircraft landings in residential areas along either Lake Washington or Lake Sammamish. For example, Redmond allows heliports as a conditional use in residential zones only in areas abutting Lake Sammamish (see below). Some cities, such as Bellevue, issue special temporary permits for helicopter landing that may apply in residential zones. Cities * Bellevue Land Use Code §20.20.450 - http://www.bellevuewa.gov/bellcode/Bluc2020.html#20.20.450 (see B -Helicopter Landing Permits) • Hunts Point Municipal Code §18.40.010 (10) regarding moorage of one single-engine aircraft on waterfront lots (in Title 18 -http://www.mrsc.org/mc/huntspoinl/huntspoint18.pdf) (I did not locate any specific regulations regarding helicopters) • Redmond Community Development Guide §20C.30.20 (see §20C.30.20-030) - http://www.codepublishing.com/WA/Redmond/CDG/cdg20C3020.html#20C.30.20 (heliports only allowed as conditional use in residential zones in locations abutting Lake Sammamish; only 1 aircraft per lot) • Sammamish Municipal Code §21A.20.030(B)(6)(b)- http://nt5.scbbs.com/cgi-bin/om_isapi.dll?client1D=349526778&infobase=sammamish.nfo&jump=21A.20.0 30&softpage=PL_frame#JUMPDEST_21A.20.030 (allows one single or twin engine noncommercial aircraft on lots abutting a water body or landing field) (also see §21A.15.050 - http://nt5.scbbs.com/cg i-bin/om _isapi .dll?cl ientl D=349526778&infobase=sa m mam ish. nfo&j um p=21 A.15.0 50&softpage=PL_frame#JUMPDEST _21A.15.050, which does not apply to facilities for individual property owners) • Yarrow Point Municipal Code §17.12.030(M)(2) & (3) (in Title 17 - http://www.mrsc.org/mc/yarrowpl/yarrow17.pdf) (allows seaplanes but not helicopters). Counties • King County Code §21A.08.030(B)(7)(b) - http://www.kingcounty.gov/council/legislation/-/media/Council/documents/Clerk/Code/25 Title 21A08.ash x (similar to Sammamish). -- I searched quite a few other municipal codes but was unable to locate any other codes addressing helicopter landing and takeoff from residential properties. The following are some general regulations addressing aircraft (that do not specifically address aircraft landings in residential areas) • Auburn Municipal Code §18.48.080 -Heliports - http://www.codepublishing.com/W A/Auburn/auburn18/auburn 1848.html#18.48.080 • Edmonds City Code, Ch. 4.80 -Aircraft Landing Permits - ' fEiizab<JthHiggins: RE: Helicopters in P 0 sidential Areas http://www.mrsc.org/mc/edmonds/edmonds04/edmonds0480.html#4.80 * Issaquah Municipal Code §18.07.560 -Heliports - http://www.codepublishing.com/W A/issaquah/html/lssaquah 18/lssaquah1807 .html#18.07. 560 * Kennewick Municipal Code, Ch. 11.84 -Aircraft - http://www.ci.kennewick.wa.us/City_ Clerk/KMC/11-84.pdf (see §11.84.020) * Marysville Municipal Code, Ch. 5.76 -Aircraft Landing Permits - http://www.mrsc.org/mc/marysvi11e/Marysv05/Marysv0576.htm#5. 76 * Tacoma Municipal Code, Ch. 8.06 -Aircraft (in Title 8 - http://131.191.130.69/cityclerk/Files/MunicipalCode/Title08-PublicSafetyAndMorals.PDF -see §8.06.080 and §8.06.085). I hope this helps! Please let me know if you have further questions or would like additional material. Carol Carol Tobin, Public Policy Consultant <ctobin@mrsc.org> Municipal Research and Services Center of Washington 2601 Fourth Avenue, Suite 800 Seattle, WA 98121-1280 Phone: 206-625-1300 Fax: 206-625-1220 Web: http://www.mrsc.org -----Original Message----- From: Jennifer Henning [mailto:Jhenning@ci.renton.wa.us] Sent: Monday, November 19, 2007 11 :58 AM To: Carol Tobin Subject: RE: Helicopters in Residential Areas No rush Carol. The issue is the subject of an appeal here ... to be heard in early January. So the first half of December would be great. Thanks! »> "Carol Tobin" <ctobin@mrsc.org> 11/19/07 9:13 AM»> Hi Jennifer, It was good to see you at the conference, too. I will research your question and get back in touch. How soon do you need a response on this? I will try to get back to you this week (or early next week), but I am only in the office today and tomorrow and then back on Monday, Nov. 26. Carol Carol Tobin, Public Policy Consultant <ctobin@mrsc.org> Municipal Research and Services Center of Washington 2601 Fourth Avenue, Suite 800 Seattle, WA 98121-1280 Phone: 206-625-1300 Fax: 206-625-1220 Web: http://www.mrsc.org -----Original Message----- From: Jennifer Henning [mailto:Jhenning@ci.renton.wa.us] Sent: Saturday, November 17, 2007 2:45 PM Page 21 E_lizabE.th Higgins -RE: Helicopters in_P-·idenUal Areas . . To: Carol Tobin Subject: Helicopters in Residential Areas Hello Carol, I was glad to see you at the joint WA/OR APA conference. Glad to here that life and work are going well! Could you please help me with a research request? We are trying to determine whether cities in Washington allow helicopters to land and take off from residential properties. We understand that Sammamish, Hunt's Point, Redmond may have some regulations. Are there others that you are aware of? Thanks for your help. Jennifer Henning, AICP Planning Manager, Development Services Division City of Renton 1055 South Grady Way Renton, WA 98057 (425) 430-7286 jhenning@ci.renton.wa.us Pagiil] .. . 'Y "~ .. o :~.,.,.~ CITY )F RENTON d,~,< Kathy Keolker, Mayor Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator ~NrtO November 1, 2007 Ms. Joan Rosling I 023 North 34th Street Renton, y,IA 98056. Subject: Process for Issuance of Temporary Permits · Dear·Ms; Rosling: M;yor Keolker asked me to respond to ·y6ur letter.dated Octoher Jo, 2007, expressing .concern about the public notificationprocedure for the application for a Temporary Permit for operation of a privat~ helicopter at. aresidence i1.1 •North Renton. My understanding from yom: Jeher is.that you feel the public notification pmcess forthis !_and . use action was inadequate. : . . . . . A review ofthe projectftle (LU.4.Q7-997;1'~)jndiG'~tes an application for the Temporary Use Permit was submitted':l;\;, ofir Dewlopment:Sefvices Division on August 30, 2007. On September 7, 2007, 'the appJicatiori was deetl+ed complete; with all required submittal · items provided bythe applicant.; · · · · On. September 7, 2007, t~e ':Notic!! of Application'-' ~igns were posted inconspicuous locations in the vicinity of the priip9~ed,project, .On the same\ day, the Notice of . · . Application was sent by first clas:,Jil~il 'to owners ofreGotd for the 21 propertie.s within 300 feet of the app)icatiori 1,ite. ThffoIIowing week'. at the request ofa neighbor, three additional Notice of Application.signs were p9stedin the neighborhood in three'different, prominentlocations. · · These various notifications provided project information and contact information for the applicant and the CityofRenton project planner assigned to review ihe application. Responses were received by first class mail, electronic mail, telephone calls, and in · person to the Development Services Division at Renton City Hall. The 54 individuals who responded were made parties of record for this project. · · Finally, due to awareness of the general interest in this land use action (although it is not· a requirement of the Temporary Permitprocedure), letters were sent to all parties of record, providing notification ofthe pertnit issuance and information about the appeal process. ---~--I0-5_5_So_u_th_G __ tad-. "-y~W~~y--R-e-at-on-. ,-W-ash_in_gto_n_98-0-57-. ------~-.. . . -~ This-oa()er~nt!:l;ns 50%.recycledmatetiat, 30% RQSI cor'lsi.Jrner-. AH~"AD Of -TJ·IE 'C,URVE Joan Resting November 1, ·2007 Page2 of2 As a reminder, the Temporary Permit is just that.. The City can withdraw the permit ifit is deemed to be in the best interest of the public.· Meanwhile, interested parties are. encouraged to become involved fo futm:e discussions regarding the appropriateness of this use in relation to zoning in the City of Renton. . . . . • .-. ' 1 . : . . ' If you have f\lrther q1,1estfonsreg<1Tding this. project, the appt;aLprocess, or possible · chang\ls to the City's zoning regulations, you may contact Elizabeth Higgins, Senior Planner, at ( 425) 430,7382. · · · Again; thank you foryour inten.;st ii} the Cityof Rt;nton. SinNcei:Jely; ••.••. ··!JJJ,. ,·' • ,·, ,t '' . ' ..... ,, 1.· .. ,·,·. y( . Wt.-··-t· , . : ' . . . . -~'?-~- f, \ .- Neil Watts. . J pevelopmeµtBervic..is J)ir~tor. -. ·: _. {£ . "'f' -~ Referral #92, 2007 , I'-. cc, Kathy Keblker,Mayor ",, ... , , · ·. ·. ,. Qregg Zlti:unermari, PBPW:Ailil\ipis\!lator, Jennifer I{ennillg, ,Cuffellt Plannmw~ager '~liiii!Qi,!fl.~!itPlatlller 1 · •·, '"',.,, · ·-.i)ever<lpj;nt.s~;;it~ii)t~iii?~ '~:fi~-· · '\,~y O . 0~,i. ~ ·~ + ~ -;2-: Kathy Keo Iker, Mayor ~NifO October 23, 2007 Joan Rosling 1023 N 34"' Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 RE: Conner Heliport Temporary Use Permit Appeal LUA07-097 Dear Ms. Rosling and Mr. and Mrs. Galster: CIT OF RENTON Hearing Examiner Fred J. Kaufman Due to several conflicts in schedules, the appeal hearing has been rescheduled for Tuesday, January 15, 2008 at 9:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, 1(l/Y0'1y,fl~ Nancy Thompson Secretary to Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Charles Conner, Owner, Applicant All Parties of Record ----10_5_5_S_ou-th-Gra--dy-W-ay---R-e-nt-on-,-w-.. as-h_in_gt_o_n_9_8_0_55---(-42_5_) 4~3-0--6-5-15 ____ ~ ...,. -· AHEAD OF THE CURVE City of Renton Mayor' ffice Referral #: 92-2007 Mayor's Acknowledgement sent: ----------- Referred to: Copied to: Date Referred: Response Due By: 10/11/2007 OE\IELUPM~N I 81:RVICES L-------------CITY OF RENTON Alex Pietsch 10111107 OCT 16 2007 10125107 R'ECEIVEO Complaint/Request Data: Date Received: 10/11/07 __;_:.;_;_;c__;;_;__ _____________ _ Received Via: Letter Received By: Mayor Kathy Keolker From: Joan Rosling Address: 1023 N. 34th St., Renton, 98056 Email Address: Phone#: -'4-=2c.::.5--=-2=2c::6_;-3:..:7-=2c..:.4 ____ Alternate Phone #: Complaint/Request Details: Unhappy with Planning Commission's decision to grant temporary use permit to operate helicopter in her neighborhood; she has sent a letter to the Hearing Examiner appealing the decision. See attached letters. Instructions For Response: Contact complainanUrequester to address issue; report back in writing, including the following: Date Action Taken Action Taken By Whom Type of Action Taken 2..._ Prepare response letter for Mayor's signature in rough draft (note r~ferral # at bottom); se~~~j~,O ,, +r copy to Mayor and electronic file to Executive Secretary; -e,)(~ pYOCl . .$S 'b IA{//,,.,,_..,. 1 '(.AL.· Prepare response email for Mayor (note referral# at bottom); send draft email to Mayor and cc: Executive Secretary. Prepare response letter for department head's signature on department letterhead (note referral# at bottom); -send hard copy (include addressed envelope) to Mayor and electronic file to Executive Secretary. Prepare response email from department head (note referral# at bottom); send draft email to Mayor and cc: Executive Secretary. Respond directly (note referral # at bottom) by email, cc: Mayor & Executive Secretary. Other: . ~- t .L!P:;11-Joan Rosling 1023 N. 34th St. . :-;..,; Renton, WA 98056 -'(&L -If-${> :l:l.(, -$ t4tf. RECEIVED OCT 11 2007 MAYORS OFFICE --"£,; .. ,.·· • :····. -•. -~·~ft~/··.'·.· -~ (jl\.J -~ . - . ,• ' .· 11/l!!lt! I ·~ ·.·.~· ' · ffJ _ _ _ -et~ ~ ;!J)D 7 f(tf:-(o~t@..1f1~:f T@flM,l-WllS6 Pt'PJ-111' LIAA~OJ-oq7_ . . . .. -- ' *. ¥1"\(1 ·. ·•.·. '.-•• , ·, .. c• •' ,.,;,.:• October 15, 2007 Joan Rosling !023 N 34th Street Renton, WA 98056 Pegi DuBois Galster Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 RE: Conner Heliport Temporary Use Permit Appeal LUA07-097. Dear Ms. Rosling and Mr. and Mrs. Galster: CIT OF RENTON Hearing Examiner Fred J. Kaufman This office has received your appeal letters on the above referenced matter. Please be advised that the appeal hearing has been scheduled for Tuesday, November 6, 2007 at 10:30 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is !055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. S.incerely, ·.· ) -1~<7-~ Fre·d Kaufman Hearing Examiner City of Renton Encl: Copy of Appeal Letters cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services ---~10_5_5_S_ou_th_G_r-ad_y_W-ay---R-e-nt-on-,-W-as-h-in_gt_o_n_9_8_05_5_-~(4-2-5)-4-3-0-6-51_5 ____ ~ AHEAD OF TH£ CURVE .. CITY OF RENTON City Clerk Division 1055 South Grady Way Renton, WA 98055 425-430-6510 D Cash ; Dr Check No. ID /tJj20<2--; ~ I . Description: Funds Received From: Name Address City/Zip .Jvo/11 D Copy Fee D Appeal Fee Receipt N: 8VQ) 0959 Date D Notary Service O ________ _ Amount $ 7 5, Cf) [J CC'. ,, 10 October 2007 Mr. Fred Kaufman City of Renton Hearing Examiner City of Renton 1055 South Grady Way Renton, WA 98057 RE: Conner Heliport, Temporary Use Permit LUA-07-097 Dear Mr. Kaufman, CITY OF RENTON OCT 1 0 2007 .l-\ ·hb(I RECEIVED (Y""- CITY CLERK:S OFFICE Please accept this letter and attachments as a formal appeal to the approval of the above referenced Temporary Use Permit for operation of a heliport in a residential neighborhood on the shores of Lake Washington. We are appealing this decision because we feel elements of the original application were misrepresentative, and that the City of Renton Planning/Building/Public Works Department failed to take this into account, and failed to fully apply all aspects ofRMC 4-3-090 L.1. b when making its ruling under a similar use consideration. In the first case, the original application for the TUP states that the heliport is an existing structure, and the letter from the City of Renton Planning Department to Parties of Record advising of the approval of the TUP states in the third paragraph that the "area intended for this use consists of a portion of existing driveway." These statements imply that nothing new has been or needs to be constructed, which is a misrepresentation of facts. The concrete helipad, the "driveway" and the adjacent aircraft hanger integral to the new residential structure did not exist on this property until 2006. We have been told by a representative of the City of Renton Planning Department that whether or not proper permits were obtained for this construction and intended use is impossible at this date to determine, as "all permits are destroyed three months after project completion". Given the nature of real property transactions in our society, the inability to determine after the fact whether or not a permit has been granted and the substance of that permit strikes us as incredible. However, as best we can determine, the City ofRenton was unaware of the existence of the Conner Heliport prior to 7 May 2007, when it had already been in use for a period of time. Please note the attached aerial photograph, showing the property prior to construction of the Conner home. There is clearly not a helipad, a driveway, or any other concrete in the half of the lot closest to the lake shore, where the new home and heliport have now been constructed. Second, the City of Renton PBPW Department in approving the TUP, noted that in the absence of specific heliport regulations, the seaplane regulations detailed in the Shoreline Master Program Regulations, specifically RMC 4-3-090 L.1. b, should be considered as applicable as it is a "similar use". This regulation allows a single private seaplane per residence. However, the regulations requiring that seaplanes not apply take-off power until they have taxied offshore at least 200 feet at a maximum taxi speed of 8 mph, presumably both for safety and noise abatement considerations, was not applied in the case of the heliport TUP. If seaplane regulations are to be used to justify a heliport, then the regulations need to be applied in a comprehensive manner, not selected piecemeal to suit the applicant. Precedent for this approach is demonstrated by Mercer Islands' refusal to allow Paul Allen to build a heliport on shore. In fact, according to the Federal Aviation Administration, Airport Division in Renton, WA, there are NO ..... not a single ... can't even count one .... heliports on the shores of Lake Washington. Again, according to the FAA, there are only two heliports close to the shoreline of Lake Washington: One at the Boeing Renton Plant, and one at the University of Washington. Both are more than Y. mile from the lake shore, and neither are in a residential neighborhood. The FAA also reports they were unaware of the Conner Heliport until last month, when a Form 7480 was filed making application to "build or alter an airport". Finally, the fact that this would be the first heliport in the middle of a residential neighborhood on the shores of Lake Washington should surely give the City of Renton pause as to the wisdom of establishing this precedent. This is the proverbial nose under the tent-flap: Is the increased noise in our community, the disruption to wildlife along the shoreline and the general aviation safety issues that would accompany a broad expansion of this precedent really the curve upon which Renton wishes to lead? Please find enclosed our $75.00 application fee. Sincerely, ~a_~~~ ~;7~ Martin F. Galster 2907 Mountain View Ave N Renton, WA 98056 Uoogle Maps Page I of2 http://maps.google.com/ 10/7/2007 Google Maps Pagel of2 http://maps.google.com/ 10/7/2007 Google Maps Page 1 of2 http://maps.google.com/ 10/7/2007 CITY OF RENTON City Clerk Division 1055 South Grady Way Renton, WA 98055 425-430-6510 D Cash j '9( Check No. j '1; ~; t-/L- D Copy Fee ~ppea!Fee Receipt N: 0958 Date / C /t L Jc ] D Notary Service O _________ _ Description: ~µ Q1:C>q, -\\ t~~e_\, ec r;~ 'ti,: ;'{' ~' ( c...v~' i \ \ • , ~ .Q fA..-1 -\ () ,\ Q ~ (' 1 "'-t, t: ,,, A'--, \"---...t,-0 < \ Funds Received From: Name Address City/Zip -,. 5. _::-___ ...,,_ .-~ Cit:,\Staff Signature From: To: Date: Subject: That is correct. Robert MacOnie Higgins, Elizabeth 10/02/2007 3:03:53 PM Re: Pegi DuBois Galster property »> Elizabeth Higgins 10/02/2007 2:58 PM »> Thanks for the information. I presume your understanding of the potential difficulty in getting the signatures came from Ms. Galster. She can be unpleasant and anticipates her neighbors will not cooperate with her. I thought I might take a stab at it. Just so I understand, the signatures are from the abutting neighbors agreeing to the property lines as drawn on the new survey? Then, after that agreement, the LLA would be moving the lines between her 3 parcels (not the abutting property lines) so as to create at least 2 legal parcels with 2 structures thereon. (I think?) Thanks! »> Robert MacOnie 10/02/07 12:49 PM»> Elizabeth, The statue (RCW 58.04) for an agreement to fix boundary points and lines requires a Record of Survey and markings on the ground as well as a separately recorded executed agreement acknowledging the survey and the marks. The survey could be a Lot line adjustment which showed the marked boundaries at issue in the agreement; although I think it would be better to have a separate survey document it would be based on the same survey just a different presentation specific to the boundary issues. It was my understanding that Ms. Galster would have difficultly getting the require signatures although the statue does allow for a petitioner to ask the court to compel the signatures. A lot line adjustment doesn't allow for the creating of new lines of lots only their movement or rearrangement. bob »> Elizabeth Higgins 10/02/2007 10:15 AM»> Bob -I believe you spoke with Ms. Galster about her lakefront property on Mountain View Ave N. She has given up in dispair. I would like to try to help her out of her dilemma, if possible. I understand the legal descriptions are all fubared in that area. If she could get signatures from abutting property owners, would she be able to create new property lines so she can do a LLA? Thank you. Elizabeth Page 1 i _ _, ______ _J • TEMPORARY USE PERMIT Project Name: Conner Heliport City of Renton File l'iumber: LUA07-097, TP Applicant Name: Charles f. Conner (425) 417-5846 cfc@connerhomes.com Location: 3001 Mountain View Ave N King County Assessor's Account Number: 334210-3940 Owner Name: Charles F. Conner Project Description: The applicant has requested a Temporary Use Permit to allow a privately-owned helicopter to land and take-off from an existing, concrete paved area on a residential property. The 24,800 square foot property abuts Lake Washington and is in the Residential 8 Zone. The property is privately owned and the operation would be non-commercial in nature. Having reviewed the application submittal and the comments of various parties having interest in this request, a determination has been made that the requested permit meets the decision criteria of Renton Municipal Code 4-9-240, "Temporary Use Permits" and is hereby approved. No additional permits are required for this use. As per RMC 4-9-240.0, "Permit Revocation," the Temporary Permit may be revoked upon ten (10) days written notice from the Director of Development Services. Conditions of Approval: I) The applicant shall submit, by December 3 l, 2007, a request to revise Renton Municipal Code 4- 3-090 L. l .b to include "Private Heliports." Date of Permit Issuance: October 1, 2007 Date of Expiration: October 1, 2008 -/) I A1tCL tv~tt Approved by the City of Renton Development Services Division Director 0,e-/ 2 g, 2.ocr7 I Date 1 Appeals: Appeals must be filed in writing by October 12, 2007, together with the required $75.00 application fee to the City of Renton Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. City of Renton Municipal Code Section 4-8-l l O governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. ~ CIT OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator 0~ ,'Y Y o,-<, ~ ~ ; Kathy Keolker, Mayor /i),'\'"fo·;,·---------------------------------- Date: September 28, 2007 Re: Temporary Use Permit LUA-07-097 Private Heliport at 3001 Mountain View Ave N To: Party of Record This letter is being sent to provide information to Parties of Record for the above-referenced Temporary Use Permit. An application was received from Mr. Charles F. Conner for a permit that would allow him to take off and land a privately-owned helicopter at his residence on Mountain View Ave Non the shore of Lake Washington in the Kennydale area of Renton. The paved area intended for this use consists of a portion of an existing driveway. No construction has been proposed, City of Renton Municipal Code does not currently address this specific use (private heliport) in any zone within the City. In this case, a similar use may be considered when making a detem1ination, Renton Municipal Code 4-3-090, "Shoreline Master Program Regulations," allows private seaplane bases and a single private seaplane is permitted per residence (RMC 4-3- 090 L. l.b). Therefore, the request for a Temporary Use Permit has been APPROVED. If you have questions about this decision, you may contact Elizabeth Higgins, Planner, at 425- 430-7382. If you feel this decision has been made in error you may file an appeal of the decision. Appeals must be filed in writing by October 12, 2007, together with the required $75.00 application fee to the City of Renton Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. -------l-05_5_S_o_ut_h_G_ra_d_y_W_a_y ___ R_e-nt-on-.-W-a-,h-i-ng_t_o_n_98_0_5_7 ______ ~ @ This paper contains 50~1: recycled mate01c1I. 30~1, rost consu·11er _\IIE.\ll OF TIii: Cl-RVJ•, ,_~liza_beth clig_gins -Re Heliport From: To: Date: Subject: Hi Elizabeth, Seth Geiser Higgins, Elizabeth 09/28/2007 9:37:19 AM Re: Heliport Here's the info that I was able to find, and I can provide the sourcing if needed: Helicopter= 80-102 dba, depending on size and design Seaplane= 65-92 dba Train= 90-105 dba Light Traffic 100ft= 50 dba Motorboat= 82-90 dba As for personal aircraft, I wasn't able to find much. Most of what I found was either small airplanes or jetpack ideas that seem unlikely. Here are a couple that might be helpful: http://www.skywalkervtol.com/ http://www.cnn.com/2003/TEC H/i nternet/01 / 16/flyin g. machine/index .htm I Seth Geiser City of Renton -Development Services 425-430-7214 • Page 1 Attn: Elizabeth Higgins, Senior Planner Ref Conner Helicopter/ LUA07-097, TP DEvao C PMENT Pt ,,.,.,. ..... /TY OF RE:Nf,5;r""G SEP 2 ~ 2007 RECEIVED Laura and I want to state our support for Charlie Conner's request to use his helicopter at his residence 3001 Mountain View Ave N. We live four houses to the North of Charlie's house. We have lived at 3103 Mountain View Ave N for six years now. We enjoy the active waterfront lifestyle. This is an energetic, vibrant area with a lot of activity. Sea planes, Bass fishing boats, recreational boat, planes landing at Renton Airport are part of this lifestyle. Charlie's helicopter is no exception to this. We've had the opportunity to be in my backyard when he has landed. It is very quick and not noisy. We have gotten to know Charlie over the past two years. He is a courteous and respectful person. It is our understanding that he has been a pilot for a long time. We believe him to be safe. Again, please accept this letter in support of Charlie's Helicopter use request. Please call us (425) 271-9559 if you have any questions. Very Respectfully, Jim and Laura Morgan 3103 Mountain View Ave N Renton, WA 98056 City of Renton Development Planning 1055 South Grady Way Renton, WA 98057 Regarding: LUA 07-097 TP Conner Heliport Dear Ms. Higgins and Mr. Watts, September 20, 2007 NT PLANNING OEV~~~i~ RENTON SEP 2 I 2007 RECEIVED I was surprised to learn on June 151 " that one of my neighbors was unhappy with my helicopter operations in and out of my lake front property. It has always been my priority to be a considerate and conscientious neighbor in every way. Between the years of 1989 and 2002 I flew the same type of helicopter from my home on Lake Sammamish and neither I nor the local jurisdiction received any complaints. On a less than weekly basis, the 2-3 minutes of start up and shut down noise I create is exceeded daily by" living life" sounds in our neighborhood -737's, construction of The Landing, lawn mowers, leaf blowers, jet skis and dogs. By typically flying only daylight hours after 8 am and talking with neighbors prior to late night operations I was able to avoid any conflict. There are numerous reasons for my desire to operate from my home. I have a means to store the helicopter in a monitored secure, fire sprinklered environment where I know it is safe from the elements and other aircraft. Hangar space at the airport is scarce and expensive. I can perform routine maintenance in a dry, enclosed environment. I waste no resources traveling to or from the airport, one less car or bicycle on the road. Finally and perhaps most importantly I make less of an impact on the Renton community by flying from home. The helicopter traffic patterns for the Renton Airport are over residential areas at low altitudes. My approach and departure corridor is to the west and entirely over Lake Washington. My property is well suited for this use. I have had two lengthy conversations with the complainant Peggy Dubois (one with Peggy alone, one including her husband Marty Gagster) I have tired to answer her concerns. These conversations have been amicable but without conclusion. I have attached a copy of her card to me following our most recent conversation and ask that you take note of her final sentence stating that there will be no hard feelings should my temporary use permit be issued. Finally, I have spoken with everyone living on Mountain View Avenue as well as those living within 300 feet on Lake Washington Boulevard, NE 291 ", 301 " and 31" streets. With the single exception of the original complainant, they have all indicated their support for my helicopter operations by signing the enclosed petition. In my conversations some have said they think it enhances the neighborhood, some have said they have never heard it, many have wanted rides but to a person, with only that one exception, they have all said that they understand living on and near Lake Washington is full of noise and activity and that is what makes this place always interesting. In allowing me the opportunity to base and operate my helicopter from my home, Renton will join the cities of Hunts Point and Redmond. These two communities not only allow but seem to welcome private helipads in their midst. With the overwhelming support of my neighbors I ask the City of Renton to grant my request for a temporary use permit. ~~ Charlie Conner Enclosures: Hunts Point Mayor letter to Jeff Wright Redmond Zoning Helipad Code Two pages support petitions Dubois/Galster note We, the undersigned, support Charlie Conner and Anne Simpson in their privilege to takeoff and land their Helicopter from their residence at 3001 Mt View Ave N., Renton. Name Address 3<>1 J 1"1,.J..., V«:c:._, A"'~ r-1. /?o6c ,-f /]v,,-r t-?'e-, i'=, W/~ q 'Be,_,;-_,; 3c,1~ t-+tl'l /,cc..c /4 Ve N Q. e. n 'I-o n w 4 er '!.,c-s· 1, Si gnature $-Jo/·O We, the undersigned, support Charlie Conner and Anne Simpson in their privilege to takeoff and land their Helicopter from their residence at 3001 Mt View Ave N., Renton. Name Address Date Ke-\\'/' Town of Servi/If Our l?esitle11ts ~ -•., Hunts Point ~5~ . -------~·------~·~ ~--~....,./ September 5, 2007 Mr. Jeff Wright 4056 Hunts Point Road Hunts Point, WA 98004 Re: Helicopters Dear Jeff: 3000 Hunts Point Road Hunts Point, Washington 98004 425-455-1834 Fax 425-454-4586 www.ci.hunts-point.wa.us This letter is to provide information on how we deal with helicopters on Hunts Point. Over the years, we have always had three or four helicopters on Hunts Point. A couple of them are kept at the homes or on docks, and others stay at Boeing Field, and occasionally fly in and out of Hunts Point, landing on the owner's dock or lawn. Hunts Point has no provision for or against helicopters in our zoning code. The helicopter owner needs to be sensitive to his neighbors with regard to noise, time of day, clearances, etc. Over the years, we have never had a problem that couldn't be resolved by the helicopter owner talking to his neighbors and respecting their concerns. Lately, we feel fortunate to have helicopters on Hunts Point, as they are key to our Town's Emergency Plan. In the event of a major earthquake, the 520 bridge and the 841h Ave. access bridge to Hunts Point would likely go down. Our only means to transport injured residents to a hospital would be by land or sea. We have 3 helicopters and 6 float planes standing by as part of our emergency team. The more senior residents are very happy we have these helicopters to available to transport them to a hospital in the event of an emergency. I hope this information is helpful to others in resolving their helicopter issues. Sincerely, WJl!~ r; L/ Fred Mcconkey Mayor ~j -~ ) ! t ~~t ~1 i ~ )' ~ 1 "' i i 1, ') .~J' f ,~ ~i . " ~ J -d, . ' '\l J ] ~ ~ ~ 1 ~ ~ { ,j ~ ~ ~ 8 ~ ·'fl ~ 1 ·~ ~ 1--·. . '1-. ~~ ~ ~ \J J:-, ~g~§ THE CONNOR HELIPORT LUA07097TP Dear Ms Higgins, I am writing in connection with the Conner Heliport temporary use permit. The location of this address is,zoned residential single Family Dwellings. A densely populated residential neighborhood with schools close by,is NO place for a heliport (! ! !) , especially when there is a perfectly good airport within 5 minutes drive of the Conner's address. The negative impact this use would have on our neighborhood is horrendous and totally unacceptable to all who live here. We enjoy the peacefulness of this area and the noise factor would be of considerable nuisance, let alone the potential for crashes.(Remember the .. plane• that crashed into Kennydale Elementary????) we trust that the RENTON PLANNING DEPARTMENT, and your SERICES DIVISION in particular,will use common sense and DENY the Connors this and any other permit, applied fo~~h~~IJ.~e! ! YOURS TRULY,~[)-,~.._ DATED 1/ 1'1 l 1.oo 7 ADDRESS 'JJ.J... N, 3'1-..st /?e,,i,.rClf/, t/A 'f8o.S-t;. Mike Lowry From: To: Sent: Subject: "Mike Lowry" <marlowry@comcast.net> <City of Renton> Friday, September 21, 2007 7:29 AM Conner Heliport LUA0?-097,TP Page I of I I write in opposition to the proposed temporary use permit for the subject heliport Our home is up the hill from the proposed site. A helioport should be ruled inconsistent with the residential zoning in which this heliport will be located. I cannot imagine a special need to justify that intrusion into a residential neighborhood, especially since it is only minutes from airport facilities. Our family is quite opposed. Sincerely, t --~k - Mike Lowry 3326 Park North Renton, Washington 98056 DEVELOPMENT PLANNING CITY OF RENTON SEP 2 1 2007 RECEIVED 9/21/2007 September 20, 2007 Elizabeth Higgins Senior Planner, Development Services Division 1055 South Grady Way, Renton, WA 98057 Subject: Project Conner Heliport/ LUA07-097, TP, 3001 Mountain View Ave N Dear Elizabeth, Dl=Y~~ SEP 2 1 2007 IIEcavev We live nine homes directly north of the subject project location on lake Washington on the same street. Our address is 3115 Mountain View Ave. We believe that the use of the subject site as a private helicopter landing and takeoff area (Heliport) is entirely satisfactory. This is an area that fronts the Lake and the approach to the Renton Airport where marine and aviation is a way of life. The marine and aviation atmosphere is why we live here. It is wonderful to be able to watch airplanes and boats from our home. What a wonderful atmosphere. An occasional helicopter dispatch and arrival at the Conner's home will only add to this enjoyment. Sincerely, Gary and Helen Young 3115 Mountain View Ave. N Renton, WA 98056 Phone 425-228-0408 Letyoung@aol.com Elizabeth Higgins -LUA 07-097 TP Cot Helicopter From: To: Date: Subject: Marlene Winter <marlene@marlenewinter.com> <ehiggins@ci.renton.wa.us>, <nwatts@ci.renton.wa.us> 09/17/2007 12:26 30 PM LUA 07-097 TP Conner Heltcopter {/.at,w-7:~Page 1 I' I /" V " 7 -c '9 7 Dear Ms Higgins and Mr Watts--Just a short note to tell you that we are in support of Charlie Conner's wish to keep his Helicopter at his home. We have lived at 2731 Mountain View North for nearly 30 years. We are not pilots, nor are we personal friends of the Conner's. Hearing about the protest we simply thought it was unfair, and a personal issue. The Conner's have been a wonderful asset to Mt View, with no disruption during their home construction. We have not be disturbed by his Helicopter. We fail to see how anyone could complain about noise from his helicopter in the face of Jet Ski and Jet Boat noise, and some Renton Airport noise, which we put up with all hours of the day, and evenings. We have observed that Mr Conner's take off and landing times are at reasonable hours, when people are awake. Feel free to call us if you would like to discuss this matter further or would like us to appear in person. Thank you. Marlene and Roger Winter Marlene Winter HR Consulting Ph 425 255-8906 Ph cell 425 417-4722 FAX 425 271-4576 marlene@marlenewinter.com Thursday, September 13, 2007 Dear City of Renton Marc and Kaaren Pritchard Family 2807 Mountain View Ave North Renton, WA. 98056 This letter is written to you on behalf of the Pritchard Family, Marc, Kaaren, David, Alex and Ashley of 2807 Mountain View Ave. North, Renton, WA. 98056. In concern of the Public Hearing and posting regarding Mr. Charlie Conner's Helicopter. Our home is located six (6) homes to the south of Mr. Conner's home, approximately 300 feet ( + or -). We purchased our home at 2807 Mountain View Ave. North in July 1996, knowing that we were located less than 2 miles from the Renton Airport runway. We knew that there would be Boeing 737's taking off. Jets and other Aircraft would be flying in and out of the Renton Airport at all hours with a great deal of noise. We also understood that living on the lake there would be loud Sea Planes taking off and landing in front of our house. The Pritchard Family has noticed Mr. Conner's Helicopter coming and going, but never before 8:00 AM and never after 8:00 PM. The use of the Helicopter is seldom, and appears to take only few minutes to take off and minutes to land. We are home a great deal of the time. When our windows and doors are closed, we can't hear Mr. Conner's Helicopter. However, we hear the Sea Planes and the 737's, with our windows and doors closed. ::1rroFRENTOI\ RECEIVED SEP ! 9 2007 t:llJILDINGDIVISION We, the Pritchard Family, believe that this is what we bought into, and is part of the fun of living on the lake, (watching the aircraft come and go). We watch the Fire Rescue Helicopter's do the Fire Season test drops and enjoy watching their efforts! We have heard Mr. Conner's helicopter and believe it does not and will not create a noise issue for our street. We support Mr. Conner's right to come and go from his home, in his Helicopter, just as we support the rights of the Sea Planes, the Boeing 73 7' s and all other aircraft, to come and go from Renton Airport and the water in front of our home! It is what we bought into! Mr. Conner's Helicopter only takes a few minutes to take off or land, and is seldom used, ... we hear Sea Planes, Jets and other Aircraft everyday ... that are much louder the Mr. Conner's Helicopter. If you do not allow Mr. Conner to fly his Helicopter, which is much, much quieter than most aircraft, than please shut down Renton Airport, don't allow 737's to take off or do engine tests, and do not allow Sea Planes to come and go on the South End of Lake Washington. If Aircraft noise bothered the Pritchard Family we would not live less than 2 miles from the busy Renton Airport runway. We support~-C~arlie C,rner and his property rights to have a Heli pad! /1 {{/i,6 ?;:;t,,f't/i/J ~~ Marc and Kaaren Pritchard Family 2807 Mountain View Ave. North Renton, WA 98056 425-917-2200 THE CONNOR HELIPORT LUA07097TP "' Dear Ms Higgins, ftt-czk tU· /Jc)./ {///vw Jkr'r ;::;;v..er!-k! d-e--c'J:_Q_ ~ I am writing in connection with the Conner Heliport temporary use permit. The location of this address is,zoned residential single Family Dwellings. A densely populated residential neighborhood with schools close by,is NO place for a heliport (! ! !), especially when there is a perfectly good airport within 5 minutes drive of the Conner's address. The negative impact this use would have on our neighborhood is horrendous and totally unacceptable to all who live here. we enjoy the peacefulness of this area and the noise factor would be of considerable nuisance, let alone the potential for crashes.(Remember the 2 planes that crashed into Kennydale Elementary????) We trust that the RENTON PLANNING DEPARTMENT, and your SERICES DIVISION in particular.will use common sense and DENY the Connors this and any other permit, applied for this use!! ADDRESS E CONNOR HELIPORT LUA07097TP Dear Ms Higgins, I am wr1t1ng in connection with the conner Heliport temporary use permit. The location of this address is zoned residential Single Family Dwellings. A densely populated residential neighborhood with schools close by,is NO place for a heliport ( ! ! ! ) , especially when there is a perfectly good airport within 5 minutes drive of the Conner's address. The negative impact this use would have on our neighborhood is horrendous and totally unacceptable to all who live here. we enjoy the peacefulness of this area and the noise factor would be of considerable nuisance, let alone the potential for crashes.(Remember the 2 planes that crashed into Kennydale Elementary????) We trust that the RENTON PLANNING DEPARTMENT, and your SERICES DIVISION in particular.will use common sense and DENY the Connors this and any other permit, applied for thi YOURS TRUL y. 5t':,{ (A_~· A DATED L. 1/110 I ADDRESS _ / ::, f:l-r ;J /} /{)2,?.N;;~;~ 9ffJ5h THE CONNOR HELIPORT LUA07097TP Dear Ms Higgins, I am wr1t1ng in connection with the Conner Heliport temporary use permit. The location of this address is~zoned residential single Family Dwellings. ;:. ~ ... ' ,' A densely populated residential neighborhood with schools close by,is NO place for a heliport (! ! !), especially when there is a perfectly good airport within 5 minutes drive of the Conner's address. The negative impact this use would have on our neighborhood is horrendous and totally unacceptable to all who live here. We enjoy the peacefulness of this area and the noise factor would be of considerable nuisance, let alone the potential for crashes.(Remember the t planef that crashed into Kennydale Elementary????) we trust that the RENTON PLANNING DEPARTMENT, and your SERICES DIVISION in particular,will use common sense and DENY the Connors this and any other permi~.--p.lied for this use!! ~-~ ,j YOURS TRULY,~/Lf~.· 7:;--,:t.-,¥-/ ~~ :ii:,~ .J2-4tJiee;f ,/; J' DATED O 7' -/ 'j' -0 ? . ADDRESS / ~· ,:J _,,.N c3 'Iv_ ~ r-/ .- .F'J / d • I! . • '/ ~J..c. 7' 0 Cf' ;;;, V' /~~ / 9 J 3 ,,-n--r.-·,w Elizabeth Higgins -Conner Heliport From: To: Date: Subject: <kapblack@att.net> <ehiggins@ci.renton.wa.us> 09/20/2007 1 00:47 PM Conner Heliport Dear Ms. Higgins. This is in regards to my recent note to you to disallow the request by Charlie Conner for the right to use his property for helicopter use. I have since been educated by Mr. Conner as to the low usage of helicopters in the greater Puget Sound region. Historically such use has not been a negative impact, therefore I would like to rescind my objection to Mr. Conners' use of his property for helicopter take-oft, landing and storage. Sincerely, Karen Black CC: <cfc@connerhomes.com> Page 1 September 12, 2007 Elizabeth Higgins Senior Planner Development Services Division 1055 South Grady Way Renton, WA 98057 To Whom It May Concern: DEVELOPMENT PLANNING CITY OF RFN"TON SEP 1 7 2007 RECEIVED We live at 3011 Mountain View Ave. N., Renton, WA 98056. Our home is two houses to the north of Charlie Conner and Anne Simpson. We are writing this letter to state our support for Charlie and Anne to takeoff and land their helicopter from their residence at 3001 Mountain View Ave. N., Renton. They have been very considerate to all of their neighbors by asking us for feedback. When we are sitting outside when they are taking off and landing their helicopter, the time the engine is running before takeoff and when they land is very brief It does not cause any additional air motion to the adjoining properties during takeoff and landing. They are also very considerate about the time of day they takeoff and land, never taking off before 1 Oam. We also appreciate that they store their helicopter inside so it does not take anything away from the waterfront views. When having discussions with many of our neighbors, we found everyone ( except one person who filed a complaint) to be very supportive of Charlie and Anne having their helicopter at their residence. On a personal note, it brings many ofus pleasure to see them takeoff and land, and is another interesting element to lake living. We have many float planes fly over our house everyday that are probably ten times louder than Charlie and Anne's helicopter, and the fishing boats that come by in the morning are also louder than their helicopter. We do not mind any of these activities because it is a part of lake living we find very enjoyable. Please feel free to contact us if you have any questions. Sincerely, f ~....:i,,<;....-r--:;::::::...-- Kelly Grace K , Peter Spouse 425-277-7671 lJ;o i I ~ \/1 Uv\J kv<-N ~'V\ WA: q~ September 14, 2007 Elizabeth Higgins Senior Planner, Development Services Division City of Renton 1055 South Grady Way Renton, WA 98057 Dear Ms. Higgins, oe/ELOPMENl SERVICES C1TY OF RENTON SEP 1 7 ?007 R'ECt:IVED My comments below are in regards to the following application with the City of Renton: Project Name/ Number: Conner Heliport/ LUA07-097, TP Project Location: 3001 Mountain View Ave N, Renton, WA 98056 I live on Mountain View and am the adjacent neighbor to the north of the Conner residence. I fully support this application granting Mr. Conner the use of his residence as a private helicopter landing and takeoff area. The frequency of take off and landings are minimal and time of day has always been acceptable. Mr. Conner gives me advanced notice when he plans to use his helicopter and ensures he flies after early morning hours. Noise and wind surprisingly are not as issue. I have been sitting outside under my covered patio during both take off and landings and am fine with this activity. Quite honestly, float plane activity which flies over the top of Coleman Point, far exceeds any noise concerns I may have with this application. In regards to safety, I have complete confidence with Mr. Conner's usage of this location. With 28 years experience at The Boeing Company and 16 years in selling aircraft, I understand the criticality of safety and the elements required to ensure this. I have no hesitation flying with Mr. Conner. I have experienced first hand his disciplined routine which he conducts prior to each departure and landing. It is all by the book; he follows a robust check list, communicates well with the flight tower, and keeps his aircraft well maintained. His flying skills are solid and he conducts himself in a very professional manner. I encourage the City of Renton to approve this application. Feel free to contact me as necessary. ~M.-F. - omca 1x 3007 Mountain View Ave N. Renton, WA 98056 Deputy VP, Middle East & Africa Sales Boeing Commercial Aircraft 206-321-6154 Copy: Mr. Charlie Conner @zabeth~iggins -LUA 07-097 -~ Conner Heliport From: To: Date: Subject: "Marcie Maxwell" <marcie@marciemaxwell.com> <ehiggins@ci.renton.wa.us> 09/12/2007 8:15:05AM LUA 07-097 -Conner Heliport September 12, 2007 City of Renton Development Planning 1055 South Grady Way Renton, WA 98057 Dear Ms. Higgins and Mr. Watts, We reside at 2827 Mountain View Avenue North in the Kennydale neighborhood of Renton. Our home is three doors south of Charlie Conner's home at 3001 Mountain View Avenue North on Lake Washington. We are pleased to have Mr. Conner as our neighbor and have found him to be an excellent citizen throughout his home building project and as a neighborhood resident here. We also welcome his investments and work as a quality developer and builder in our city. We are aware of the recent use of Charlie Conner's single helicopter from his lakefront home site on our block. The sight and sound of this helicopter is no different to us then the much more frequent air traffic of Boeing 737's, private jets, seaplanes, and.helicopters we see and hear from the Renton Airport nearby. We also see and hear many boats, jet skis, fishing derby starts, trains, Boeing engine tests, etc, from our Kennydale home every day and evening. Even prior to our home purchase, we were well aware of the many decades of action and commercial activity adjoining Kennydale and the south Lake Washington waterfront. Our own home site has a carved out beach front where the prior owner parked and taxied his seaplane to and from for many years. Though we don't own a seaplane, it is important to us to maintain the seaplane site and potential use for a future homeowner of our property. Page 1 @zab~thHiggins -LUA 07-097 -Conner He_~lip_o_rt----~---=-----_-_---_---------~P_itlj We are in full support of the Conner Heliport approval -LUA 07-097, TP, and urge your approval of this use. Thank you, Steve and Marcie Maxwell 2827 Mountain View Avenue North Post Office Box 2048 Renton, WA 98056 425-466-8000 marcie@marciemaxwell.com steven.maxwell@yahoo.com CC: <nwatts@ci.renton.wa.us> 9 September 2007 Elizabeth Higgins Senior Planner Development Services Division 1055 South Grady Way Renton, WA 98057 RE: Conner Heliport/ LUA07-97, TP Dear Ms. Higgins, CllVOFAf~TQ,. RECE1VED SEP 1 0 2007 BUILDING DIVISION We reside two doors south of the Conner Heliport property, and can attest with certainty that operation of aircraft from that location negatively impact our property and quality of life, as a helicopter was operated for a period of time from there earlier this year, contrary to existing zoning. As the platform is located less than 200 feet from our home, the noise we experienced during pre-flight, take-off, climb-out, approach, landing and shut down increased significantly above levels previously experienced on our property from other sources. Operation of a helicopter from this location would permanently degrade our quality of life, as well as our property value, as demonstrated by the decline in assessed values for like properties in close proximity to airports. Further, noise through-out the Kennydale neighborhood would be increased by aircraft approaching the helipad closer to the ground than if they were utilizing the airport, and there is some increase in risk to the neighborhood due to additional aircraft traffic immediately overhead, as demonstrated by the collision of light aircraft and crash into the Kennydale school several years ago. While the application for the Temporary Use Permit notes the Conner Heliport is existing, the structure was not completed until early this year, and its construction ignored zoning that prohibited its use. The location is in the heart of a residential neighborhood and has no history of permitted use for aircraft operations. In addition, it is difficult to understand the rationale for placement of a heliport within a neighborhood that is a 10 minute drive from the Renton Municipal Airport. Finally, if a Temporary Use Permit or Zoning Variance allowing operation of an aircraft from the Conner property is to be granted, we would request a noise study be done prior to issuance, so that impact on the surrounding homes and neighborhood can be assessed, documented and evaluated. ,;:, ~;f/di-:~ Martin & ~i ;a;ster 2907 Mountain View Ave. N Renton, WA 98056 /D/;jo_2<.b,::. ) / City o ,ton Department of Planning I Building I Pu, 'arks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: C..,,,..,sk.-,x.Y,o,-., S,~.S--COMMENTS DUE: SEPTEMBER 21, 2007 APPLICATION NO: LUA0?-097, TP DATE CIRCULATED: SEPTEMBER 7, APPLICANT: Charles F. Conner PROJECT MANAGER: Elizabeth Hi PROJECT TITLE: Conner Heli ort PLAN REVIEW: Ka ren Kittrick SITE AREA: 24,800 s uare feet BUILDING AREA LOCATION: 3001 Mountain View Ave N WORK ORDER NO: 77804 SUMMARY OF PROPOSAL: The applicant has requested a Temporary Permit to allow use of an existing site, located at 3001 Mountain View Drive, as a private helicopter landing and takeoff area ("Heliport"). The site is on private property within the Residential 8 zone and has a Residential Single-family Comprehensive Plan land use designation. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable Mon, Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water Liaht!Glare Plants Recreation Land/Shoreline Use Utilities Animals Transnorlation Environmental Heaflh Public Services Energy! Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL/CY-RELATED COMMENTS C. CODE-RELATED COMMENTS ~~c~~ 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 wh additional informati n is needed to properly assess this proposal. <Jh/07 Date City o ,ton Department of Planning I Building I Pu. larks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: y ,.-L. COMMENTS DUE: SEPTEMBER 21, 2007 APPLICATION NO: LUA07·097, TP DATE CIRCULATED: SE:,T6~B1=R 7,~ooi ;: . ! I • " '--:' • APPLICANT: Charles F. Conner PROJECT MANAGER: E izabelh Hinnins ' PROJECT TITLE: Conner Heliport PLAN REVIEW: Kavren lj:ittrick "• :-rl 7 I • ' SITE AREA: 24,800 square feet BUILDING AREA laross/N/A ~-----. LOCATION: 3001 Mountain View Ave N WORK ORDER NO: 778 4 '. . •.· ! Permit to allow use u, GIii e:R'.iStin . : I SUMMARY OF PROPOSAL: The a licant has re uested a Tern ora sire /eeale<l--ah,001 pp q p ry g ' Mountain View Drive, as a private helicopter landing and takeoff area ("Heliport"). The site is on private property within the Residential 8 zone and has a Residential Single.family Comprehensive Plan land use designation. 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 Earth Housinn Air Aesthetics Water Uahl/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transnortation Environmental Heallh Public Services Energy! Historic/Cultural Natural Resources PreseNation Airport Environment 10,000 Feet 14.000 Feet B. POLICY-RELATED COMMENTS C. CODE·RELA TED COMMENTS ~L,f. cl..2-U Fa-~ '-;;~4 ----£'.e <J-t..LL;_r11. .. u!::[,,. c.f' 9" ~..-( //'/.A._-Z'(/J tJ-/L-Fcu· ,L.f r/ '---fa-t. ____;c-A-u ~-LLt'cl2<' tP-,v ,;J, ,<l_ ~ ,Ac1-,,d We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or 8;7Js where additional informa-tion is needed to properly assess this proposal. l ~ itua.LL-<._; 9 // .y /c)z Signature of Director or Authorized Representative Date City o ,ton Department of Planning I Building I Pu, 'arks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 'f'i-, \4.v,e.w APPLICATION NO: LUA07-097, TP APPLICANT: Charles F. Conner PROJECT TITLE: Conner Heliport SITE AREA: 24,800 sauare feet COMMENTS DUE: SEPTEMBER 21, 2007 DATE CIRCULATED: SEPTEMBER 7, 2007 - PROJECT MANAGER: Elizabeth Hi PLAN REVIEW: Kavren Kittrick BUILDING AREA lnrossl: N/A LOPMl::Nl SERVICES CITY OF RENTON SEP 1 1 :1[107 LOCATION: 3001 Mountain View Ave N WORK ORDER NO: 77804 ""',--,-.. ·-- SUMMARY OF PROPOSAL: The applicant has requested a Temporary Permit to allow use of an existing s/le, ro'c'are1d ~}i~ Mountain View Drive, as a private helicopter landing and takeoff area ("Heliport"). The site is on private property within the Residential 8 zone and has a Residential Single-family Comprehensive Plan land use designation. 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 Earth Housina Air Aesthetics Water LTrlhtJGlare Plants Recreation Land/Shoreline Use Utilities Animals Transnorlaticn Environmental Health Public Setvices Energy! Historic/Cultural Natural Resources Preservafion Airport Environment 10,000 Feet 14,000 Feet 8. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS A.)91« City o ,ton Department of Planning I Building I Pu. larks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: !'.-J, rpo.-+ COMMENTS DUE: SEPTEMBER 21, 2007 APPLICATION NO: LUA0?-097, TP DATE CIRCULATED: SEPTEMBER 7, 2007 APPLICANT: Charles F. Conner PROJECT MANAGER: Elizabeth Hinnins PROJECT TITLE: Conner Heliport PLAN REVIEW: Kavren Kittrick SITE AREA: 24,800 square feet BUILDING AREA (qross): N/A LOCATION: 3001 Mountain View Ave N WORK ORDER NO: 77804 SUMMARY OF PROPOSAL: The applicant has requested a Temporary Permit to allow use of an existing site, located at 3001 Mountain View Drive, as a private helicopter landing and takeoff area ("Heliport"). The site is on private property within the Residential 8 zone and has a Residential Single-family Comprehensive Plan land use designation. A. ENVIRONMENTAL IMPACT (e.g, Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housina Air Aesthetics Water Lioht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transnortation Environmental Health Public Services Energy! Historic/Cultural Natural Resources Preservation Airport Environment V 10,000 Feet 14,000 Feet B, POLICY-RELATED COMMENTS C. COD,Jr.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 ~here additional information is needed to properly assess this proposal. Signatur Date CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 7th day of September, 2007, I deposited in the mails of the United States, a sealed envelope containing Acceptance Letter & Notice of Application documents. This information was sent to: Name RepresentinCI Charles F. Conner Owner/Applicant Parties of Record See Attached /----· ~ ~, I/_, (Signature of Sender): /~--·:A,,, . J c"_ = ~-- / STATE OF WASHINbTON ./ - ss COUNTY OF KING I certify that I know or have satisfactory evidence that Patrick Roduin signed this instrument and acknowledged it to be his/her/their free and voluntary act for JQS~MllCji, purposes mentioned in the instrument. ='fj,~}·;,t'h~/:ff/1:~1,1 3.:,-. ,/Ji"' o l ;\~~,,,. \t ::: ~:':!;-:• 'It' J~ -~ ~ Dated: q,1~ -O'l e State o(Washington-,,:; ~ ~ ~ -, "/. (.,')~ ,4 = ~ .,, .... ' 1/h\_.{J -" ~ - I"\ b L J· 1 (1 (1 'I ,,. ' " -~ -N ota ry ( print): _.Lh-L-'-""'-'--"-'"'"""'-'C'----'"'--iY'"'n........_r,.._1-:tuO.c..J.Y:Y-'-'-t'Y'-'--'-C'-'~r::,'---'-__,~4"77,;A,,._;,""', "·=",1-1_ .:i9=-.-~>..;o..,,,,;.-'.5;,,.o.,.;-=-= My appointment expires: ' 11 ' 0"1"'""""'°""<5 ~ o\ 'l (j -I O 11 11 "WAS~,~' 111,\\\\\\"'"' .... BIL Tl SIMON JR+CECILIA \1 3008 LAKE WASHING TON BLVD N RENTON WA 98056 BURROUGHS JOHN D 2815 MOUNTAIN VIEW AVE N RENTON WA 98056 DOBSON STEVEN L 1008 N 33RD PL RENTON WA 98056 HAMADEH NABIL & GHADA 2908 LAKE WASHINGTON BLVD N RENTON WA 98056 MAXWELL STEVEN A+MARCIE E PO BOX 2048 RENTON WA 98056 RITUALO RANDY & LINDA 701 N 30TH ST RENTON WA 98056 SPENGLER SCOTT & BAIN MARSHA 2902 LK WASHINGTON BLVD N RENTON WA 98056 ~URLINGTON NORTH RN SANTA FE ATTN: PROP TAX PO BOX 96189 FORT WORTH TX 76161 CONNER CHARLES F C/0 CONNER HOMES COMPANY 846 l 08TH A VE NE BELLEVUE WA 98004 DUBOIS PEGGI L+GALSTER MART 2907 MOUNTAIN VIEW A VE N RENTON WA 98056 KINGEN MARTHA C 3014LK WASHBLVDN RENTON WA 98056 MERRELL JACK D+RITUALO JOAN 12536 206TH PL SE ISSAQUAH WA 98027 SAVOY DONALD L 3015 MOUNTAIN VIEW A VEN RENTON WA 98056 SPOUSE PETER+KELL Y GRACE 3011 MOUNTATNVIEW A VEN RENTON WA 98056 3URRROBERTH 3013 MOUNTAIN VIEW AVE N RENTON WA 98056 CORBETT RICHARD F 2811 MOUNTAIN VIEW AVEN RENTON WA 98056 FTXM MONICA 3007 MOUNTAIN VIEW A VEN RENTON WA 98056 MARSHALL R C B 2909 MOUNTAIN VIEW DR RENTON WA 98056 MORGAN LAURA S+JAMES C 3103 MOUNTAIN VIEW AVE N RENTON WA 98056 SHAJARI ABDE+GINA 3009MOUNTAINVIEW AVEN RENTON WA 98056 STONEMAN WILLIAM C 3101 MT VIEW AVEN RENTON WA 98056 NOTICE OF APPLICATION A Master Application has been filed and accepted with the Development Services Oivialon ol lh& City of Renton. The following bdefly describes the application and the necessary Public Approvals PROJECT NAMEJNUMBER: Conner Heliport I LUA07·097. TP PROJECT DESCRIPTION: The appl,can\ has requesled a Tempornry Per mil ta allow use of an ex isling site, locale~ at 300". Mountam View Drive, as a pr1Vate helicopter :and,n~ and takeoff area ("Heliport"). The s,te is on pnvatc property wi1hin the Res,dcnt,al 8 zone and hJs a Residential S•ngle.family Comprel1f,ns,ve Plan land use d€sianation PROJECT LOCATION: PUBLIC APPROVALS: 3001 Mountain View Ave N Tempmary Use Permit APPLICANT/PROJECT CONTACT PERSON Charles Con~er, eml cfc@connerhomes.com Comments on the above appllcallon must be submitted in writing to Elizabeth Higgins, Senior Plannar, D"velopm&nt S8rvlces Division, 1055 South Grady Way, R1tnton, WA 98057, by 5:00 PM on s .. ptemb&r :l:1, :l:007. If you ha,•e quesliocs about th,s pmposal, or wish to be made a party ot record and receive 3dd1l1onal 1101,f,cat,on by nrn,1, w11lact tl1e Projec: Manage, al 1425) 430-7382. Anyone who subrmts written comments ,,.;11 au\omatic~lly become a party of record a11d w,11 be 1101,fied of any dAcision on this projed PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: DATE OF NOTICE OF APPLICATION: August 30, 2007 September 7, 2007 c--c--=========:=-----1r )VU "'uui,! l,ke 10 Im made a parly of record :o receive 1urt~er .nformat,on on :h,s proposed pro1cct. complc:e this form arod r~t.m, tu C,ty of Ren:on, Develop·nerll Plann,ng, 1055 So~th Grad,· \/'far, Renton WA ~B057 ~1le N:,rne .' No Conner He·Jport: LUA0'-091 TP NAM:' ----------- MAIL!NG ADDRESS ---------------------------- TELEPHONE NO CERTIFICATION I, (;( lt)t, 1\/'ea_ lff.( , hereby certify that ~ copies of the above doc were posted by me in _______S?_ conspicuous places or nearpt?e de ' DATE:_f-~~--"__,_,_rf~cJ'--'J-~-SIGNED: + + + CITY :>F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator o~:Ro,. 1, ~ .~ Kathy Keolker, Mayor "l~'N'\'01)'---------------------------- September 7, 2007 Charles F. Conner 3001 Mountain View Ave N Renton, WA 98056 Subject: Conner Heliport LUA07-097, TP Dear Mr. Conner: 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) 430-7382 if you have any questions. Sincerely, /3/J~,J.;dt:..Jw-- Elizabeth Higgins, AICP Senior Planner cc: Project Fiie ------,-0-55_S_o_u_fu_G_rad_y_W_a_y_--~-n-ro-n-,W-ash-i-~-t-oo-98-0-.5-7~-----~ @ This p.apercontains 50% recycled material, 30% post consumer AH.EAD OF THE CURVE ')'Y o"@;-;; ·~. ~il\TctO~ 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: Conner Heliport/ LUA07-097, TP PROJECT DESCRIPTION: The applicant has requested a Temporary Permit to allow use of an existing site, located at 3001 Mountain View Drive, as a private helicopter landing and takeoff area ("Heliport"). The site is on private property within the Residential 8 zone and has a Residential Single-family Comprehensive Plan land use ~esigriation. PROJECT LOCATION: PUBLIC APPROVALS: 3001 Mountain View Ave N Temporary Use Permit APPLICANT/PROJECT CONTACT PERSON: Charles Conner, emJ: cfc@connerhomes.com Comments on the above application must be submitted in writing to Elizabeth Higgins, Senior Planner, Development Services Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on September 21, 2007. 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) 430-7382. 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: August 30, 2007 September 7, 2007 September 7, 2007 If 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 98057. FIie Name/ No.: Conner Heliport I LUA0?-097, TP NAME:-------------------------------- MAILING ADDRESS: _____________________________ _ TELEPHONE NO.: Jennifer Henning -helipad regulations From: To: Date: Subject: Hi Jennifer, Brett Sorensen Henning, Jennifer 08/27/2007 1: 11 :53 PM helipad regulations Here are some of the findings so far on helipads. I receieved 2 emails back from the cities I have emailed, and that information is at the end. There isnt much on muncipal research, or on individual city web pages. I found most of the information at: http://www.faa.gov/library/manuals/examiners_inspectors/8700/volume2/media/2_061_00.pdf (1) Heliports may be located on the ground, water, or rooftop level. (A FATO is a defined area over which the final phase of the approach to a hover or a landing is completed and from which the takeoff is initiated.) -The FATO must be at least 1.5 times the length of the design helicopter. -(3) A FATO safety area, which is equal to at least 1/3 the rotor diameter of the design helicopter, should be established surrounding the FATO. -the FATO safety area must be free and clear of objects such as parked helicopters, buildings, fences, or objects, which could be struck by the main or tail rotor or catch the skids of an arriving or departing helicopter. It looks like if they want a heliport the following apply: (1) The appropriate building permit and zoning application approval from the local municipality, as applicable. The applicant should contact the local zoning authorities and inform them of the proposed heliport. (2) The appropriate approval from the state authorities. The applicant should contact the state aviation authorities to inform them of the proposed heliport. 3) The completion of an environmental assessment if the applicant intends to apply for Federal assistance. FAA Order 1050.1 provides guidance for noise limits, land usage, water and air quality, socioeconomic issues and viable alternatives to the proposed development. The applicant should contact the appropriate environmental authorities and informthem of the proposed heliport. City of Redmond: Our residential code allows heliports/fixed wing float plane in some residentiall zones but only on waterfront lots. No medical transport is allowed and the limit is one per lot. The permit is a conditional use permit which means that the hearing examiner makes the determination. We do not have any special use criteria. City of Sammamish: The use would be a condition use within all zones but limited to emergency medical evacuation sites, in conjunction with police, fire, or health services. I will keep looking and let you know what I find. -Brett Page 1 20C.30.20 Permitted Land Uses in Rcsi,~~ntial Zones Page 1 of 3 . . (2 hits) -· • 20C.30.20 Permitted Land Uses in Residential Zones. 20C.30.20-010 Purpose. TOC , < > The purpose of the Residential Land Uses Chart (RCDG 20C.30.20-030) is to list the allowed uses in each of the residential zones and some of the major provisions that apply to those uses. (Ord. 1901) 20C.30.20-020 Allowed Uses. (1) The Residential Land Uses Chart (RCDG 20C.30.20,030) lists the categories of land uses that may be permitted and any kind of conditional review process which may be required. Only R-zones (RA-5 through R-30) are included in this chart. Land uses not listed are prohibited unless otherwise provided by this chapter or some other provision of the Community Development Guide. Land uses are also subject to the requirements described in any footnotes contained in this chart and the other applicable provisions of the Community Development Guide. (2) The symbols used in the chart represent the following: P -Permitted use. G -Allowed conditional use, general development permit required. S -Allowed conditional use, special development permit required. (3) Procedural requirements related to the general and special development permit processes are described in RCDG Title 20F. (4) A number of references to other sections of the Community Development Guide appear in the Residential Land Uses Chart. These references direct the reader to sections that contain rules and regulations specific to the referenced land use. (5) The definition of some land uses may be found in Chapter 20A.20 RCDG, Definitions. (6) Unclassified Uses are provided for in RCDG 20D.170.65, Unclassified Uses. (7) Accessory uses are subject to the regulations of the Development Guide, for example, accessory uses in residential zones may include automobile and truck use, parking, fences, garages, landscaping, signs, recreation and maintenance. Excluded as accessory uses are uses listed in the Permitted Land Uses Charts, which are otherwise regulated by the Development Guide. (Ord. 1901 and former 20C.10.240(1 OJ) 20C.30.20-030 Land Uses Chart. Residential Zones Permitted Land Uses Chart S N h h dR ubject to e1g bor oo eauirements Zoning Districts Residential Innovative Land Use RA-R-R-R-R-R-R-6 R-R-R-R-R-RIN 5 1 2 3 4 5 8 12 18 20 30 Housing Single-Family Dwelling p p p p p p p p p p p p (20C.30.25) 2 Unit Structure (20C.30.70) c1 c1 c1 p p p p c1 3-4 Unit Structure (20C.30.70) c1 c1 c1 p p p p p c1 5-12 Unit Structure (20C.30.25) p p p p 13+ Unit Structure (20C.30.25) s p p p http://www.codepublishing.com/dtSearch/dtisapi 6.dll ?cmd=getdoc&Docld=2 l &lndex=D%3 a%5cProgra... 8/16/2007 20C.30.20 Permitted Land Uses in Residential Zones Page 2 of 3 . ' . Accessory Dwelling Units2 s s s s s s s s s s s s s (20C.30.40) Rental Rooms (20C.30.80) p p p p p p p p p p p p p Mobile/Manufactured Homes or Parks p p p p p p p p p p p p p (20C.30.65) Retirement Residence (20C.30.80) c3 c3 P/C 3 c3 Retirement Residence. Maximum of 16 retirement residence units per acre. c3 c3 s s s (20C.30.80) Retirement Residence. Maximum of 30 retirement residence units per acre. c3 c3 c3 (20C.30.80) Bed & Breakfasts (20C.30.45) s s s s s s s s s Bed & Breakfast Inns (20C.30.45) s C Commercial Adult Family Homes p p p p p p p p p p p p p Residential Care Facility C C C C C C C C C p p p C Long-Term Care Facility C C C C Day Care Center 4 c5 c5 c5 c5 c5 c5 c5 C C C C c5 Home Businesses6 (20C.30.60) p p p p p p p p p p p p p Family Day Care Providers 4 s s s s s s s s s s s s s Roadside Produce Stand p p p p p p p p p p p p p Cu ltu ra 1/Recreatio n/Enterta in ment Golf Courses; Athletic, Sports, and Play Fields; Marine Recreation, Commercial C C C C C C C C C C C C C Swimming Pool Non-Commercial Indoor Recreation C p p p p p p p p p p p p Parks, Open Space, Trails p p p p p p p p p p p p p Professional Services Fire & Police Services C C C C C C C C C C C C C Education: Primary/Secondary C C C C C C C C C C C C Schools -Public & Private Religious Activity Religious Facilities: s s s s s s s s s s s s <250 seats & accessory activities & uses 7 Religious Facilities: 250 -750 seats & accessory activities & C C C C C C C C C C C C uses7 Transportation, Communications, Utilities Heliports/Fixed Wing Float Plane8 C C C C C C C C C C C C C Local Utility Facilities p p p p p p p p p p p p p Regional Utility Facilities C C C C C C C C C C C C C Large Satellite Dishes/ Amateur Radio s s s s s s s s s s s s s Antenna(s)9 http://www. codepubli shing. com/ dtSearch/ dtisapi 6 .dll ?cmd=getdoc&Docl d=2 l &Index= D%3 a%5cProgra... 8/16/2007 20C.30.20 Permitted Land Uses in Residential Zones Page 3 of 3 TOC . ' 9 Broadcast and Relay Towers C C C C C C C C C C C ~-- Wireless Communication Facilities 9 s s s s s s s s s s s s s Commercial Resource Management Agricultural Crop Production p p p p p p p p Livestock, Dairy, Fowl 1 O p p p Horticultural Nursery p p p p Equestrian Facilities 11 s s C C C C C C C Animal Kennels 11 C P = Permitted Use; S=Special Use; C=Conditional Use Notes: 1 Conditionally allowed in new long subdivisions only (See RCDG 20C.30.70, Multiplex Housing), and on existing lots in the Overlake neighborhood (RCDG 20C.7_Q.3_5,03Q), or as otherwise specified in a neighborhood plan, per RCDG 20C.70, Neighborhoods and Design Districts. 2 Accessory dwelling unit permit required. 3 Retirement Residences may be authorized through a subdivision or binding site plan, in which case a special development permit is not required. Where neither a subdivision nor a binding site plan is required, a special development permit is required to authorize a Retirement Residence. See RCDG 20C.30.85, Retirement Residences. 4 Subject to Special Uses Criteria, RCDG 200.170.50, Day Care. 5 Day Care uses are only allowed in a building or building complex used for other uses such as a school, a church, a meeting hall, or some other building used for more than one purpose. 6 A business license is required in most cases for a home business. 7 Subject to Special Uses Criteria, RCDG 200.170.40, Churches, Synagogues and Temples. 8 Does not include medical airlift. Heliports allowed only abutting Lake Sammamish. Limit one aircraft per lot. 9 Subject to Special Uses Criteria, RCDG 200.170.45, Telecommurncations Facilities. 10 All commercial livestock, dairy and fowl enterprises must meet Seattle-King County Health Department regulations and the regulations of the Redmond Municipal Code. Personal, non-commercial livestock, dairy, and fowl activities are considered an accessory use and are allowed in all residential zones provided that all Health Department and Municipal Code requirements are met. 11 Subject to Special Uses Criteria, RCDG 200.170.15, Animal Boarding and Equestrian Facilities. (Ord. 2126; Ord. 2102; Ord. 1930; Ord. 1901) < > dtSearch 7. 00 (7008) --------------·------··Code Publishing Company Code Publishing's website Voice: (206) 527-6831 Fax: (206) 527-8411 _E-mai.1 CQde Put;,lish_lng http://v-.'Ww.codepublishing.com/dtSearch/dtisapi6.dll ?cmd=getdoc&Doc I d=21 &Index= D%3a%5cProgra... 8/16/2007 City of Renton LAND USE PERMIT MASTER APPLICATION . PROPERTY OWNER($) PROJECT INFORMATION NAME: C'h<>d-e$ F. Connev-PROJECT OR DEVELOPMENT NAME: (OY\v'll:!l'" \-\ e. Ii fl',..+ ADDRESS: ?,001 M oo" -t.:~, v.. 1/,eev A~e I\) PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: CITY: Re"'+°"' ZIP: <'.12105 i., °300\ Moo,-,+a.·,..., \] , e w ~Vt:-iJ Re.,-,\o,, '!BO 5 Co TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): APPLICANT (if other than owner) 3 3 4-210 3"14C> NAME: EXISTING LAND USE(S): 12.es·,d,,.J;c. \ $,-,q ~ i="'""; ' " COMPANY (if applicable): PROPOSED LAND USE(S): Re/1 cl.w)no. \ S ;.., a lo. i=.,.~, '" ADDRESS: EXISTING COl.!PREHENSIVE PLAN MAP DESIGNATION: Re~,~~\"'-'\ f>,"<\ U. fC.M\ ·,~ I CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): TELEPHONE NUMBER EXISTING ZONING: R-8 CONTACT PERSON PROPOSED ZONING (if applicable): NAME: C.hc.,y \.e_:; F. (o ... ner SITE AREA (in square feet): zq., Boo SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: t-J/A SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: N/A -:;001 MoQn'1<>.;"' \J ,ii.i.u f:lve I\,\ PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: q,Bo5 " R-e"'-\o"' ACRE (if applicable): N/A NUMBER OF PROPOSED LOTS (if applicable): TELEPHONE NUMBER AND E-MAIL ADDRESS: N /-f't c. f c. ~ C.6V\net" ho~. (O"'l NUMBER OF NEW DWELLING UNITS (if applicable): N/A Q:web/pw/devserv/forrns/planning/masterapp.doc 07/29/05 PROJECT INFORMATION (continued) ,---'-----_.L._---------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: N/fl, \ SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): "'(A SQUARE FOOTAGE OF EXISTING RESIDENTIAL IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): BUILDINGS TO REMAIN (if applicable): >J IP. SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): .J/A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NI,., NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): N/P.. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NJA D AQUIFER PROTECTION AREA ONE D AQUIFER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS AND LAKES D WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. (Attach legal description on separate sheet with the followina information included) SITUATE IN THE '>'E' QUARTER OF SECTION .I!_, TOWNSHIP 2q/'J, RANGE 05~ IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. -r ~""' f 0-I "Y-'j Pen,,'.\-3. 2. 4. Staff will calculate applicable fees and. postage: $ AFFIDAVIT OF OWNERSHIP ' I, (Print Name/s) C 'no( le$ F · C""Y'le...-, declare that I am (please check one) l!:'.. the current owner of the property involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answe~herei contained and the infonnation herewith are in all respects true and correct to the beS:t of my knowledge and belief. . signed this instrument and acknowledged It to be his/her/their free and voluntary act for the ~ I certify that I know or have satisfactory evidence that Q-\a.'l"'"\.e~ ~. Co'l"\nel "-~----...L-----'"-"'--'-'-'A,,(J)i"'-'~-uses and purposes mentioned in the instrument ~""IIH, (Signature of Owner/Represe~O)<'\te1., Jn, !11 1 -=,-' 't\ " ' "'1/1 · , ,, .::: ~" '"''""''1111111 ~,J' ,,. : <c; .:-·\,oPIII £..to1'1,1 ~ -~:.,.,~A"'"°'• ~ _,_ -"""""o' 'T;..-~1, ~ :: --.1:~ 'di~ #1 ~ f8:,. % z; .,:. ~ c1 E .0~ ~cl' .... \, • u g \.. '\)~.: s .E :I.~ 111,, 'C-2Y· .......... ~_; (Signature of Owner/Repr'l+;,~/tfli/_·"""''"'$~,? ,,,, OF 'tip.; .... ~ .. ~ 1, ,\\\\\\\"'" Q:web/pw/devserv/fomlS/planning/masterapp.doc Notary Public in and for e State of Washington Notary (Print) ~\It;,'\ I<.. J,,1,,..-_s My appointment expires:---'lb-'----'"-q~--o_?: ____ _ 2 07/29105 3001 Mountain View Ave N Legal Description ·, \ Lots 66, 67 and 68 and the North 20 feet of Lot 69, Block "A", C.D. Hillman's Lake Washington Garden of Eden addition to Seattle No. 1, according to the Plat thereof, recorded in Volume 11 of Plats, Page 63, in King County, Washington. Together with Shore Lands adjoining as established by decree entered October 19, 1923, in King County Superior Court Cause number 15631. DEVELOPMENT SERVICES DIVISIOI WAIVEK OF SUBMITTAL REQUlt(~MENTS FOR LAND USE APPLICATIONS Master Application Form• Nl9@9m!!PIQ~rg;{I~ P¥tirn9f:19rogf:lt) ii l t Neighborhood Detail Map 4 This requirement may be waived by: 1. Property Services Section PROJECT NAME: 2. Public Works Plan Review Section 3. Building Section DATE: 4. Development Planning Section Q:\WEB\PW\DEVSERV\Forms\Planning\waiverofsubmittalreqs_9-06.xls 09106 ,VELOPMENT SERVICES DIVISION WAIVER uF SUBMITTAL REQUIRl:.1v1ENTS FOR LAND USE APPLICATIONS llllll/1llllllill111i1111111111!11r111llll!l!l l1lllllil1:IIIIIIIIIII Parking, Lot Coverage & Landscaping Analysis• Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 2 AND, This requirement may be waived by: 1. Property Services Section PROJECT NAME: ~l1!1t'1r (-t'//11/7~ fJ'?c. fvm; 2. Public Works Plan Review Section 3. Building Section DATE: ___ lr7:j---+,,___·1,,_'b_· 1_1-tJ._''l_'J __ 4. Development Planning Section Q:\WEBIPW\DEVSERV\Forms\Planning\waiverofsubmittalreqs_9-06.xls 09/06 City of Renton Temporary Use Permit Submittal August 30, 2007 Project Narrative: Project: Conner Heliport Location: 3001 Mountain View Ave N Applicant owns the property located at 3001 Mountain View Ave N and wishes to operate a heliport on a portion of the property. The 24,800 sq.ft parcel currently has a single-family home constructed on the property as noted on the attached site plans. The property is in a single-family zone R-8 and is surrounded by similarly zoned properties. The property is on Lake Washington with approximately 118 ft of waterfront. The area to be used as a heliport is on the western edge of the property as indicated on the site plan. There is no requested permit for development or construction associated with this Temporary Use Permit. Consequently, no fill, excavation, tree removal, construction will take place. The only request is for use of the pre-existing area on the property as a heliport. ABATEMENT AGREEMENT TEMPORARY USE City of Renton Development Services Division 1055 South Grady Way, Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 -·i'"n7 being the Applicant for the Temporary Use Permit at the Location of: ~00\ Hereby authorize the City of Renton to summarily eliminate the Temporary Use and all evidence of the use if it has not been removed as required by the terms of the permit. I also agree to reimburse the City for any e n ab g this Temporary Use. Signature: Print Name: Date: STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that 0'\M lt '-F · (°"'"er signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary (Print): __ ~_..i_c_~c_" __ R_, _J_•"-_"_.s ____ _ My appointment expires: ___ l_l_O_-_t_O._·_c,_e ___ _ PW/DevServ/Forms/PlanningfTempuseabatement 8 01107 '-''' WHEN.RECORDED RETURN TO: I ~I II ~llllillf IIJJlllll~I 20060622001855 CHICAGO TIT~E QCO 33.00 .Name; Robert P Beeson~--- PRGE001 OF HZ 0s1221200e i,:se KING COUNTY, ~A "Addriss; ~~--846 l08'h Ave NE ___ _ City;' Slate. Zip: ____ Bellevue, WA 98004 __ . E2216366 08/ZZ/2008 15:59 KING COUNTY, UA sA~~ @.Cluc,tgo Title ~unw~ Company . . , ,, .-. . ··'",e _: _)' .·' ..... ,•' ,.,-.. : . $1iL00 $0.00 STATUTORY;,ARRANTY DEED P~GE001 OF 001 \J,-.l-D1=9oS( THEGRANTOR Conner Homes Company, A Washington Corporation for and in consideration of Teri Do1la.rs and tither good and valuable consideration •' . . ' .· . ,• in hand paid, conveys and warrants to • . · Char]e~ I'. C~nrler, A $ingle Man .. the following d_t%:ribcd real estate, situated in the County of King, , Stl)te ofWa5ch.~g1on: Lots 66, 67 and~ and the North 20 feet ofLo't69, Bloeck°';,:; C I) Hii;man's Lake Washington Garden of Eden addition to Seattle No. I, according.to the Plat thereof,. recorc\ed il' Volume 11 of Plats, Page 63, iri King Cwnty, Washington. Togethd with Shore Lands adjoining as established by decree entered.October 19, 1923, in King Co1wtfSuperior Court Cause number 156371: · Subjectto: Exeeptio~s set forth on attached Exhibit "A: and by this referenc~ !)lade a p;lrt hereof as if fully incorporated herein. ~.£; A:;tt L , 2005 _ ·, 'Ta, Acooeot ,N_"_m-bo:-: -+-3-3~4;_2_1_0_.;._J_!}j-~0~-0-6-~---- Charles F. Conner, President Coimer Homes Co:fup~y ST ATE OF WASH!NGTON COliNTY OF Ki [Jlj "· On this 10th __ dny of August, 2005 __ before me, the undersigned, a Nutary Public in and for the State of Washington, duly wmmissioned and sworn, pcr.mnal1y app~ored Charles F. Conner __ to me known 10 be the President and the corporation that..·. c.>:coilted :.-tl:le f~olitg initn)Jnent;.· a_nd acknow!edge<l 1he said ins~merit fo be_ihe free anJ tolunle.J.Y aCt- and deed of s1:1id corporni-ion, Tor the uses and purposes ihcrein mentioned, ~nd on oa1h Sllled lhat hi: .. ~~ .<11ithonied .. to e1.i;,..u1e the said 1nstrumc11t and that the st:al afff,.cd is 1hr: con>o,rotc s~l of, 5aid corporation Wimess my hand and official seal -h~r-~o affixed the claj anQ year first above written. · · . Secretary, respectfully, of Conner Homes Company ____ _ .. ' CHICAGO TITLE INSUR"-'lCB COMP ANY -:-,-.'-------------'EXHIB"-"'°""'IT"---'A-'------Es-cr_o_w_N_o_._: _1_1•_99_3_1 ___ _ 'EASEMENT AS DELINEATED AND/OR DISCLOSED ON THE FACE OF T"tlE KING COUNTY :.AS:SEsS:o~· s ·:MAP. PUR,POSE: ROAD AREA A.F-FE;CTED: AN EASTERLY PORTION CITY OF RENTON ,' ' ; PUBLIC UTILITIES ( INCLUDING WATER AND SEWER) AR~ AFF.l;ilETED : RBCORJ;l~D: RECORDING :tiJMBJlR: A PORTION OF SAID PREMISES MARCH 23, 1972 7203230368 •' ,• . .:-,· . ,' THE DESCRIPTION coriArNEJ;).: TH~~EJ;~ ri ~T suP~rcrENT/TO:.' DETERMINE ITS EXACT LOCATION WITHIN THE PROPEtitTY .:HEREIN-DESCRIBl,m. , QOES~rION OF LOCATION OF OR SHORBLANDS. LATER,'L Bb(MDAJU;S OF $A_ID SECOND CLASS TIDELANDS RIGHT oJ! .-T.ti_E STATE or WASHINGTON rN·: AND ,-TO .THA,T,· PORTr{)N, IF filly. o~./~ PROPEHT'f HERE'lN DESCRIBED WHICH LIES BELOW THE "ilIN:E: OF ·oari"tfl':ARi HI~fl w,i.TBR OF LAKE:-: WASHINSl'ON. ANY tRoH~irTrmi-OR LIMITATION or usE, occuPANcy:: mi. IMJ?ROVEMEN.T OF 'l',HE RESUI/l'ING:' FROM Tf:IE RIGHTS OF THE PUBLIC OR RIPAArJW ow.NER,s" TO: usE ANY POR'I'.lON mnca: :i:s::Now OR HAS BEEN FORMERLY COVERED B.Y WA"I'ER. ' LAND P.~.AMOUNT ~!GHTS AND EASEMENTS IN FAVOR OF THB UNIT~b "SfAT_Bs 'FOR·. COMMERCE, NAVIGA7'ION/ FISHE~IE'S-·-J,,.ND THE PRODUCTION OF POWER. -----------------------... --.-----~fl'I.D'."/ll'.ln. Printed: 08-30-2007 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA07-097 Payment Made: 08/30/2007 03:18 PM 100.00 Receipt Number: Total Payment: Payee: C. CONNER Current Payment Made to the Following Items: Trans Account Code Description Amount 5021 000.345.81.00.0018 Temp Use or Fence Review 100.00 Payments made for this receipt Trans Method Description Amount Payment Check 1282 100.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 R0704604