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Home My WebLink AboutAppeal to HEX1 SAZEI Design Group, LLC 6608 110th Ave. N. E. Te l: (425) 214-2280 Kirkland, WA. 98033 July 31, 2020 REQUESTING FOR FORMAL APPEAL RELATED TO: AMENDED DECISION DATED July 20, 2020 Via Email to City of Renton Clark Office & certified Mail dated August 03, 2020 Ms. Jennifer T. Henning, Planning Director City of Renton 1055 South Grady Way Renton, WA. 98057 Ms. Angelea Weihs, Associate Planner City of Renton 1055 South Grady Way Renton, WA. 98057 Ms. Brianne Bannwarth, Development Engineering Manager City of Renton 1055 South Grady Way Renton, WA. 98057 City Clerk Office, Hearing Examiner City of Renton 1055 South Grady Way Renton, WA. 98057 Project: Project File Number: PR19-000131 Project Land Use Number: LUA19-000062, Sh-P, MOD Project Name: 24th Street Short Plat Project Owner: Tuscany Construction, LLC Parcel # 0323059245—Zoning: R-4 Project Scope: (2) lot Short Plat Subject: Appealing the Decision realted to Amended Administrative Decision Dated July 20, 2020 under amended decision & condition of approval item # 4. Requesting to revert the decision to previously approved decision dated October 4th, 2019 This firm (As an Authorized Agent), has been retained and represents Mr. Elshan Aliyev, the owner of the residential real property located at 4730 NE 24 th Street, Renton WA 98059. This appeal request seeks the condition of the short plat (Mentioned above) as amended on July 20, 2020 to be reverted back to conditions described under item 4 of the original decision and conditions of approval dated October 04, 2019. 2 Subsequent to email received from Ms. Angelea Weihs dated July 21, 2020 (Copy Attached) in regards to rescinding the previous decision by the City Technical Committee via formal decision report dated October 04, 2019, We are hereby submitting our “Appeal Request” to seek administrative reconsideration and approval to revert the decision related to the fence along NE 24th Street proposed short plat and Mr. Aliyev personal/private property. As we discussed during several meeting(s) and follow up correspondences with Ms. Angelea Weihs, Associate Planner, Ms. Jennifer T. Henning, Planning Director, and M s. Brianne Bannwarth, Development Engineering Manager, we strongly feel that the removal of the fence requirement from the conditions of the short plat approval will cause safety and financial burdens to Mr. Aliyev and his Property. During our meeting at City hall on June 28th, 2019 and subsequent emails we had agreed and confirmed the need for the fence to be constructed between to the two properties. This will ensure that the occupants of the new short plat lots cannot illegally use Mr. Aliyev Private Street. Although there were no explanation provided in the Amended decision dated July 20, 2020, Ms. Angelea Weihs had expressed concerns with safety and dangerous conditions created by this short plat as a result suggesting for the fence to be removed. It should be noted that creating a safe access for both pedestrians and vehicles should not burden the neighboring property (Mr. Aliyev’s Property). The short plat proposal must include alternatives for a safe access without impacting the private road owned by Mr. Aliyev. Any modifications to the short plat must include schemes to eliminate the so called “Determined dangerous conditions”. The proposed short plat should not be approved without proper requirements for safe access within the short plat property, and without any encroachment and dependency on neighboring property. It should also be noted that there are no explanations or supporting documents as to why the decision of October 04, 2019 was amended. Again the use of adjacent properties to eliminate dangerous conditions created by this short plat proposal is unfair, illegal, and should not be allowed. Below, please refer to our mutual understanding of our discussions on June 28th, 2019, where the need for the fence was discussed in length and determined that it would be required as a part of the short plat conditions of approval: 1) The details of short plat proposal was discussed during our in person meeting on June 28th, 2020 with Both Ms. Angelea Weihs, and Ms. Brianne Bannwarth, where it was explained that the access to the short plat would be via a new separate road and directly from the Duvall Ave NE. A new privacy fence would be installed along the border of NE 24th Street between the short plat and Mr. Aliyev private road. There will be NO vehicular access from the short plat onto NE 24th Street (A private Road). 2) Furthermore, NE 24th Street is considered a part of Mr. Aliyev ’s Property and is serving as a private road for residences from Mr. Aliyev house toward Duvall Ave. There has been traffic from the sub-division from 140th Ave SE (to the east) through this private road and due the risks involved; Mr. Aliyev was considering to close this access road and we agreed that City would “NOT” have any objections toward closing this private road with the understating that the city will have access for utilities maintena nce, etc. “ONLY”. Mr. Alyev will be obtaining a permission from the fire department to ensure this will not impede their access before closing the access from 140th Ave SE permanently. 3 3) A new Green fence shall be installed along the north shoulder of NE 24th to secure the property. 4) Mr. Aliyev has the right to put fencing on his property boundary (including the easement) along the southern property line on NE 24th Street adjoining the short plat development. Request for Appeal The request for this appeal is to reconsider and revisit the requirements related to the amended decision item # 4 dated July 20, 2020 and reverting the decision so the construction of the fence along the northern property line of the short plat between the short plat and Mr. Aliyev property on NE 24th Street can be mandated as it was under original conditions of approval Dated October 04, 2019. This request along with the related supporting documents are in accordance with City of Renton Appeal Process (RCW 43.21.C.075 (3) and WAC 19-11-680), and it is governed by RMC 4-8-110 Renton Municipal Code We trust that this letter sufficiently addresses the request for appeal related to the amended conditions of approval. If you have any questions regarding this request or r equire further clarifications, please feel free to contact me at (425) 214 -2280, or via e-mail at hamidkorasani@yahoo.com. Your swift response to this matter is greatly appreciated. Sincerely, SAZEI Design Group, LLC Hamid Korasani Hamid G. Korasani, P. E. Principal Attachments: CC-Via email Dated August 03, 2020: Mr. Elshan Aliyev, Property Owner Ms. Ms. Angelea Weihs, Associate Planner Ms. Jennifer T. Henning, Planning Director Ms. Brianne Bannwarth, Development Engineering Manager 4 Elshan Aliyev <aliyev1969@yahoo.com> To:Hamid Korasani Mon, Jul 27 at 2:45 PM ----- Пересылаемое сообщение ----- From: Angelea Weihs <aweihs@rentonwa.gov> To: aliyev1969@yahoo.com <aliyev1969@yahoo.com> Sent: вторник, 21 июля 2020 г., 13:51:54 GMT-7 Subject: RE: City of Renton: 24th Street Short Plat, LUA19-000062, SHPL-A Hello Mr. Aliyev, I wanted to make sure you noted the changes to the conditions of approval as they are related to your concerns regarding the fence. Unfortunately, additional review necessitated the removal of the condition of approval regarding the fence, as it was determined to be dangerous. See the link below to see the report, which includes instructions for appeal. Have a great day! Angelea Weihs Associate Planner, City of Renton 1055 S. Grady Way Renton, WA 98057 (425) 430-7312