HomeMy WebLinkAboutCarner Code Compliance Decision BEFORE THE HEARING EXAMINER OF
RENTON
DECISION
FILE NUMBER: CODE17-000628
ADDRESS: 11135 SE 164th St Renton WA 98058
PROPERTY OWNER: Kelly Carner
A Fire Inside
11135 SE 164th St.
Renton, WA 98058.
REVIEW AUTHORITY: City of Renton
TYPE OF CASE: Finding of Violation
DISPOSITION: $400 in fines sustained; $300 of the fine due by April 1,
2019. The remaining fine shall be waived upon timely
abatement of Violation No. 1 as detailed in the "Decision"
section of this Decision.
INTRODUCTION
Kelly Carner appeals a Finding of Violation("FOV")alleging four code violations associated with
outdoor storage for his single-family home located at 11135 SE 164th St Renton WA 98058. All
four violations are sustained. However, one of the violations involves a use of property that was
consistent with applicable zoning regulations at the time it was established. Specifically, Mr.
Carner was authorized prior to his annexation into the City of Renton to park more than four
noncommercial vehicles on his property. One of the four FOV violations asserts that Mr. Carner
has violated RMC 4-4-080(F)(10)(d), a Renton regulation that currently prohibits parking more
than four vehicles on residentially zoned property. Since Mr. Carner lawfully established the use
that currently violates RMC 4-4-080(F)(10)(d), he will be given a year to abate that violation and
upon timely abatement the $100 fine for that violation will be waived. None of the remaining
violations is based upon a lawfully established use. The remaining three violations shall be abated
by April 1, 2019 and the associated $300 in fines shall be paid by that time as well.
Mr. Carner does not contest that he is in violation of the code sections cited in the FOV. Rather,
for at least two of the alleged violations, he asserts that the use of his property is "grandfathered"
against currently applicable use standards because the use of his property was lawful when the
uses were established. As previously noted, Mr. Carner is correct that one of those two uses,
unlimited parking of noncommercial vehicles, was consistent with applicable development
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standards at the time it was established. However, as shall be discussed, even though that use may
be considered "grandfathered," the City of Renton still has the authority to restrict it if to do so
doesn't operate to terminate the uses authorized for the property. The pertinent use authorized for
Mr. Carner's property is single-family use. Making him reduce the number of parked vehicles
from five to four doesn't terminate that use and is therefore a lawful exercise of Renton's authority
to regulate land uses.
Determining what uses were lawfully established on Mr. Carner's property is very complicated
and involves a review of numerous King County ordinances because Mr. Carner's property was
annexed into Renton as part of the Benson Hill annexation on March 1, 2008. Immediately prior
to annexation his property was zoned R8 under King County regulations. From the time Mr.
Career acquired ownership of the subject property in 1999 up until the March 1, 2008 date of
annexation, the outdoor storage of unlimited operable and licensed noncommercial automobiles
was authorized in the R8 zone. In that same time period, a single commercial vehicle was also
authorized for delivery of materials to and from a home occupation. Mr. Carner established that
at least immediately prior to annexation on March 1, 2008 he had used his property to store five
noncommercial automobiles. Mr. Carner did not present any evidence that any of the commercial
vehicles stored on his property were used for delivery of materials to and from a home occupation.
For this reason, it is concluded that the only lawfully established use on Mr. Career's property was
storage of five noncommercial motor vehicles. The other three violations alleged in the violation
were not applied to lawfully established uses and are sustained.
Although uses that are lawfully established often are protected from changes in zoning laws as
legal nonconforming use (the legal term for"grandfathered"), the courts do not require that level
of protection if the changes in regulation don't operate to terminate the use. This concept is well
summarized in Rhod-A-Zalea & 35th, Inc. v. Snohomish County, 136 Wn.2d 1, 10 (1998) as
follows:
Courts have consistently recognized that nonconforming uses are subject to
subsequently enacted reasonable police power regulations. Only where the regulation
would immediately terminate the nonconforming use have courts found the regulation
to be invalid as applied to the nonconforming user. These rulings are consistent with
the principle that a nonconforming use has a "vested" or `protected" right to
continue without being subject to immediate termination. Local governments, of
course, can terminate nonconforming uses but they are constitutionally required to
provide a reasonable amortization period.
In correspondence with the City,Mr.Carner argued that his legally established uses were protected from subsequent
regulation under the vested rights doctrine. This argument was actually adopted by the Court of Appeals in the Rhod-
A-Zalea case,but was rejected by the Washington State Court upon appeal as follows:
Washington is one of only a few states that has adopted the "vested rights doctrine."However, this
doctrine has no bearing on the issue of whether a nonconforming use is subject to later enacted health
and safety regulations, as the doctrine only applies to permit applications.
136 Wn.2d at 16.
As noted by the Examiner at the appeal hearing,the vested rights doctrine only applies to permit applications and
not to nonconforming use(grandfather)rights.
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As noted in the Rhod-A-Zalea case, so long as development standards don't operate to terminate a
use and are a valid exercise of the police powers, they can be validly enforced against
nonconforming uses. How to apply Rhod-A-Zalea to Mr. Carner's property depends in part upon
how the uses on his property are characterized. If his use is just characterized as single-family use,
then his use isn't protected against any of the regulations cited in the FOV. The FOV only restricts
outdoor use of Mr. Carner's property,which doesn't come close to terminating use of the property
for single-family use. At the opposite extreme, if use of Mr. Carner's property is found to include
outdoor storage, then the regulations cited in the FOV would operate to terminate that type of use
and Mr. Carner's property would be protected from their operation. Of course, if the uses of a
piece of property are parsed to include every type of use prohibited by a development standard,
the Rhod-A-Zalea holding would be rendered meaningless, as cities and counties would never be
able to adopt new performance standards that apply to existing, lawfully created uses.
To optimize consistency with zoning codes and to give some meaning to the Rhod-A-Zalea
holding, the most logical way to define a"use" is to apply the use classifications recognized in the
zoning code. Under the King County zoning code, there are two uses that apply to Mr. Carner's
property—single family use and home occupation. Outdoor storage for the home occupation under
King County regulations was limited to just one commercial delivery vehicle. As previously
noted,Mr.Carner did not present any evidence that any of the commercial vehicles on his property
served as delivery vehicles for a home occupation. With these circumstances in mind it is clear
that none of the code citations cited in the FOV would operate to terminate either the single-family
use or the home occupation if enforced. Since Mr. Career does not dispute that he is in violation
of the regulations cited in the FOV and the evidence in the record supports all of the violations,all
four alleged violations in the FOV are sustained.
As noted previously, the storage of noncommercial vehicles on Mr. Carner's property is the only
lawfully established use of the property that is subject to one of the alleged code violations of the
FOV. Even though the regulations of the FOV can be applied to this lawfully established use for
the reasons previously identified, this decision will take a more conservative and equitable
approach and give Mr. Carner a quasi-amortization period to abate the violation. As quoted in the
Rhod-A-Zhalea decision above, even if a regulation does operate to terminate a lawfully
established use that is vested against changes in zoning regulations,the regulation can be imposed
if the property owner is given a reasonable amount of time to terminate the use, i.e. is given a
reasonable amortization period. Consequently, in the unlikelihood that a court would construe Mr.
Carner's storage of noncommercial vehicles as a vested use for purposes of nonconforming use
rights, Mr. Career is given a year-long amortization period to terminate(in this case abate)the use.
HEARING
The appeal hearing of this case was held on May 8, 2018, at 10:30 a.m. at the Renton City Hall
Council Chambers, 1055 South Grady Way, Renton, WA 98057. The hearing was left open
through May 14,2018 for Mr.Carver to submit information on the date of annexation of the subject
property and the uses of the property prior to annexation. The City was also given time to respond
to that information. Mr. Carner submitted the requested information as Ex. 7. No response was
made by the City. On June 4, 2018 the City subsequently asked the examiner by email to delay a
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ruling on the case as the parties were attempting to work out a resolution of the case. On October
31, 2018 the City advised the examiner by email that they had been unable to resolve the case.
The City requested a ruling.
TESTIMONY
[This summary of oral testimony should not be considered a part of the Final Decision. It is
solely provided for the convenience of the reader as an overview of testimony. Nothing in this
summary should be construed as a Finding of Fact or Conclusion of Law or signifying any
priority or importance to the comments of any individual. No representations are made as to
accuracy. For an accurate rendition of the testimony, the reader is referred to the recording of
the hearing.]
Donna Locher, City of Renton Code Enforcement Officer, testified that on October 26 and 30 she
conducted a site inspection due to a citizen complaint regarding outdoor storage on the property
and two new structures. Ms. Locher observed a structure under construction, over four vehicles
parked on the property,a cargo container,a commercial van,outdoor storage and a business license
violation. Those violations were addressed in an October 31, 2017 Warning of Violation to Kelly
Lamer. Mr. Carner and she spoke on November 6. He checked with planning and it was
determined that since the structure, a shed, was under 200 square feet, no building permit was
required. He said he would get a business license for the pizza truck and take care of the outdoor
storage and vehicles. On December 27 Ms. Locher did a follow up inspection and found all
violations still remained except for the building permit violation for which it turned out he was
exempt. On January 2, 2018 a second Warning of Violation was sent to Mr. Carner. On February
19 Ms. Locher did another inspection of the property and found all violations still not addressed
except for the exempt building permit. On February 22, Ms. Locher issued a Finding of Violation
for the least amount of money possible,$400 for four violations.March 9 was set as the compliance
date. Mr. Carner filed an appeal on March 9. The property still remains in violation. Ms. Locher
did not observe any abatement on the day of hearing, but she was limited in what she could see
from the right of way. In response to examiner questions regarding Violation No. 3, which cites
10-10-13 for parking a commercial vehicle on public right of way, Ms. Locher stated that was just
a warning not to park a commercial vehicle on public right of way and that Violation No. 3 was
actually regarding 10-10-12,which prohibits overnight parking. Ms. Locher noted that the zoning
districts in 10-10-12 are outdated and the planning department has found that 10-10-12 applies to
the R8 district, which is the district of the subject property. The residential zoning districts in 10-
10-12 were all the residential zoning districts at the time it was adopted.
Mr. Carner testified that he's owned the property since 1999. He understood he was under King
County regulations when he purchased the property. Mr. Carner said he was confused about the
commercial vehicle violation since the City has used different code citations to assert a violation.
He noted that the commercial truck is being transformed into a food truck. He will be having a
garage sale in the upcoming weekend to sell the remaining items in the cargo container and he has
the container already sold to a friend so it should be gone soon. The pizza truck and bus violations
don't make sense to him. He can't afford to rent a commercial property to park the vehicles and
he has plenty of space to park the vehicles on his residential property. It's taken him a long time
to abate the violations because of school and his disability. When he purchased the property in
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1999 he didn't have the pizza truck and bus at that time, but he had other commercial vehicles
parked on the property. At the time of purchase his property had a dump truck, a trailer and a
bulldozer. Then he switched to a dump trailer, dump truck and mini-excavator. He was cited for
the dump truck and he ended up selling it. He plans on moving the cargo container to Eastern
Washington. He got the cargo container to collect all the items on his property and then remove
them. He noted that another property in the area has a new container. When he purchased the
property in 1999 he probably had five vehicles parked on the property, not as many as today. He
has recently moved the Chevy pick-up off the property as well as the white van. There has been
progress made on abatement. Mr. Carner acknowledged that he has let some storage get out of
hand. He was annexed into the City in 2008. In 2008 he had more items stored on his property
than in 1999. He noted he is working on abating the violations.
Ms. Locher noted that Mr. Carner had only called her once regarding abatement and he still doesn't
have a temporary use permit or a business license for the pizza truck. Ms. Locher noted the
business license violation isn't part of the Finding of Violation under appeal.
The hearing examiner asked Mr. Carner to send him a letter outlining when he was annexed into
the City of Renton and what kind of uses were on his property at the time of annexation. The
examiner noted that performance standards as opposed to use standards don't vest and he will have
to investigate whether the violations subject to the Finding of Violation are vested.
EXHIBITS
Exhibits 1-6 of Code File 17-000628 were admitted into the record during the May 8,2018 hearing.
An email with attachment dated May 8, 2018 from Mr. Carner to Ms. Locher was admitted a s Ex.
7. Email correspondence from the City to the Examiner dated June 4, 2018 and October 31, 2018
regarding the timing of the Decision on this appeal is admitted as Ex. 8.
FINDINGS OF FACT
1. Appellant. The Appellant is Kelly Carner, 11135 SE 164th St, Renton, WA 98058.
2. Violation Site. The violation site is the Appellant's residence, 11135 SE 164th St, Renton,
WA 98058. The Appellant, Kelly Carner, is the owner of the violation site.
3. Appeal. This decision addresses Mr. Carner's appeal of an FOV alleging four violations
of outdoor storage and parking regulations on February 19, 2018. Violation No. 1 alleges
noncompliance with RMC 4-4-080(F)(10)(d), which prohibits parking more than four vehicles at
a time for lots zoned for single-family use. Violation No. 2 alleges noncompliance with RMC 4-
5-130(B)(4), which prohibits outdoor storage of shipping containers. Violation No. 3 alleges
noncompliance with RMC 10-10-12, which prohibits overnight parking of specified types of
trailers, commercial trucks, commercial buses and commercial vehicles over 12,000 pounds in
weight. Violation No. 4 alleges noncompliance with RMC 4-5-130(B)(4),which requires outdoor
storage to be limited to a 200 square foot area in parcels zoned R8.
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AIMlb.
4. Prior Use. The subject property was annexed into the City of Renton on March 1, 2008 as
part of what is commonly known as the Benson Hill annexation. At the time of annexation, the
property contained the following vehicles:
• Ford Dump truck F800 commercial.
• Gator dump trailer.
• 2000 F250 which is the vehicle that pulls the pizza trailer.
• 97 Toyota Camry.
• 2003 Nissan Altima.
• 2000 Chevy pickup.
• 94 Dodge E350 commercial.
• 84 Chevy Corvette.
• Mini Excavator.
• 93 Nissan 300.
The list of vehicles above was submitted by Mr. Carner as Ex. 7 upon request of the examiner.
The City was given an opportunity to respond to the list and chose not to do so. Mr. Carner also
testified that he purchased the subject property in 1999 and at that time the subject property had a
dump truck, a trailer and a bulldozer. Then he switched to a dump trailer, dump truck and mini-
excavator. The statements and list presented by Mr. Carner as outlined in this finding are taken as
verities since they are consistent with the current use of the property, the testimony was made
under oath,the testimony and list were uncontested by the City and Mr. Carner provided sufficient
detail and objectivity in his comments to warrant credibility.
5. Violations. For ease of reference, the findings of fact below are linked to the violation
numbers of the FOV for Case No. CODE17-000628. All references to the "subject property" are
to Mr. Carver's residence, 11135 SE 164th St, Renton, WA 98058.
A. Violation No. 1: 10 motor vehicles were parked on the subject property on February
19, 2018. The vehicles were identified by license plate or vehicle description in the
NOV. Mr. Carner does not dispute these observations of staff made on February 19,
2018. The staff observations in this regard along with photographs comprising Ex. 4
establish that over four vehicles were parked on the subject property on February 19,
2018.
B. Violation No. 2: A shipping container was stored on the subject property on February
19, 2018. The FOV identifies that staff observed the shipping container on February
19, 2018. Mr. Carver does not dispute the observations of staff. The staff observations
in this regard along with photographs comprising Ex. 4 establishes that a shipping
container was stored on the subject property on February 19, 2018.
C. Violation No. 3: A commercial vehicle was stored overnight on the subject property
on February 19, 2018. The FOV identifies that staff on February 19, 2018 observed
that a transit van"remains on the property." Mr. Carner did not dispute that the transit
van is parked overnight on his property. The transit van was shown parked on the same
spot in photographs taken on February 19, 2018, Ex.4, as well as on October 26, 2018,
Ex. 2. Given that photographs and staff observations were made of the transit van
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parked in the same spot over multiple days and the fact Mr. Carner does not dispute
that the van was parked overnight, it is determined that the transit van was parked
overnight on February 19, 2018.
D. Violation No. 4: More than 200 square feet of outdoor space on the subject property
was used for outdoor storage on February 19, 2018. Mr. Carner does not dispute this
staff observation that was identified in the FOV. Photographs taken on February 19,
2018 show wood, oil drums, and solid waste stored in three difference locations,
specifically the side of the house, close to the shipping container and under a tent. It
isn't entirely clear from these photographs whether the total area used to store these
items exceeds 200 square feet. However, given the staff observations that the area
does exceed 200 square feet, the lack of denial from Mr. Carner and the photographs
that show the area reasonably could exceed 200 square feet, it is determined that on
February 19, 2018 that more than 200 square feet of the subject property was used for
outdoor storage of items such as wood, oil cans and solid waste.
CONCLUSIONS OF LAW
1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review
code violation as provided in RMC 1-3-2.
2. Burden of Proof. RMC 1-3-2(E)(3)(d) requires that violations alleged in an FOV be
established by a preponderance of evidence.
3. Nonconforming Use. Mr. Carner does not contest the factual basis of the violations alleged
in his FOVs, but rather asserts that his use of the subject property was "grandfathered" because
he has been using his property for outdoor storage for a home business enterprise since he acquired
ownership from his father in 1999. It is concluded that Mr. Carner is indeed "grandfathered" to
the use of his property to store up to five noncommercial automobiles that are the subject of
Violation No. 1 of the FOV, but not to any outdoor storage of commercial vehicles, the cargo
container or the wood, oil drums and solid waste that is the subject of Violations No. 2-4. Further,
even though the noncommercial automobiles are grandfathered, for the reasons identified in the
Introduction section to this decision those grandfathered automobiles are still subject to current
City regulations that limit the number of parked vehicles to four on Mr. Carner's property.
Mr.Carner's grandfather arguments are more technically framed as nonconforming use arguments,
i.e.uses that qualify as legal nonconforming uses are generally not subject to subsequently adopted
regulations that would terminate them. Nonconforming use rights are often set by local
nonconforming use ordinances. These nonconforming use ordinances are likely not subject to
vesting. See Graham Neighborhood Ass v. F.G. Associates, 162 Wn. App. 98 (2011)(vested
rights doctrine doesn't apply to procedural requirements such as permit expiration). Consequently,
the City's current nonconforming use standards probably apply to Mr. Carner's property. RMC
4-10-060 provides that "[a]ny legally established use2 existing at the time of enactment of this
2 The term"use"in RMC 4-10-060 brings up the same issue as that addressed for the Rhod-A-Zalea holding in the
Introduction section of this decision—can the"uses"of a parcel be parsed down to every use prohibited or restricted
Code Enforcement Decision -7
Code may be continued, although such use does not conform to the provisions of this Title,
provided it conforms with this Section." Under this provision, if Mr. Carner can prove that his
outdoor storage operation was a use authorized by the zoning code when3 it was established, he
would not be subject to current restrictions on outdoor storage. In this case, Mr.Carner is asserting
that the uses of his property vested prior to its annexation into the City of Renton in 2008;
therefore, it must be ascertained whether applicable King County ordinances authorized the
outdoor storage use prior to annexation. The initial burden of establishing a nonconforming use
is on the property owner. Van Sant v. Everett, 69 Wash. App. 641 (1973). In this case the City
did not contest Mr. Carver's testimony that he had stored multiple commercial and noncommercial
vehicles when he acquired the subject property in 1999 as well as at the time of annexation in
2008. Consequently, the evidentiary burden for establishing the dates that the alleged
nonconforming uses were established has been met. The difficult part of this appeal is ascertaining
what zoning laws applied when Mr. Carver acquired his property in 1999 and when he was
annexed in 2008. The case law addressing burden of proof for nonconforming uses has only
addressed the burden on the property owner to establish the facts supporting the nonconforming
use, not the law. Given that the hearing examiner is tasked with correctly applying the law, it is
concluded that it is the examiner's responsibility to determine what laws applied to Mr. Carner's
property when he acquired the subject property in 1999 and when he was annexed in 2008.
Ascertaining the authorized uses for the property in 1999 and 2008 under King County ordinances
involves a long and tortured legal path. The first issue to be resolved is what zoning district
applied to the property in 1999 and 2008. Once the district is determined,the district requirements
that were in place at those times must be ascertained. According to a map prepared by the City of
Renton dated February 27, 2007 entitled"Benson Hill Communities Annexation City Land Use if
Adapted to King County Zoning," the King County zoning classification of Mr. Carner's property
was R8 at the time of the 2008 annexation. In 19994 and from that point in time up until the
Benson Hill annexation in 2008, the only uses authorized in the R8 zone that would permit any
type of commercial vehicle on the property would be a Home Occupation or a Home Industry,
by a development regulation or is it something more encompassing? In the context of RMC 4-10-060 the issue can
be more broadly worded as did the Council intend its vesting clause to prohibit any application of subsequently
enacted zoning regulations to lawfully established uses? A contextual analysis of the term"use"in the zoning code
reaches the same conclusion as for the Rhod-A-Zalea analysis—"use"in the RMC 4-11-210 definitions section of
the City's zoning code generally limits the meaning of"use"to the uses specifically classified in the use tables of
the zoning code. Further,as would be expected,the purpose clauses of Renton's zoning districts as enunciated in
RMC 4-2-020 place significant importance upon assuring compatibility of land uses. Given the importance of
subsequently enacted land use regulations in assuring compatibility and the contextual meaning of"use"within the
City's zoning code,it is determined that the"use"protected from subsequent zoning code legislation by RMC 4-10-
060 are the uses generally classified in the City's zoning use tables. More specifically,the uses that are protected
for the subject property are single family use and perhaps home occupation use,but not ancillary vehicle parking.
3 Mr.Carner is not limited to 1999 and 2008 as the only time he established his allegedly grandfathered uses. If there
was any period of time between 1999 and 2008 when commercial outdoor storage was authorized on the subject
property,Mr.Career might be able to claim that his uses were"established"during that period and are thus protected
as nonconforming uses. The merits of such an argument need not be reached,because it doesn't appear there has ever
been any period of time since 1999 that outdoor storage was authorized. However,not every ordinance adopted after
1999 was reviewed in detail for this decision to ascertain whether there was any period when outdoor storage was
authorized. If Career wishes to make the argument that his uses were lawfully established sometime after 1999,it is
up to him to present the ordinance authorizing the use and the evidence necessary to establish that he was operating
an outdoor storage operation when the ordinance was in effect.
As far as can be ascertained from King County ordinances available on-line,the zoning map classification for the
subject property remained R-8 from 1999 to the 2008 annexation.
Code Enforcement Decision- 8
pursuant to the use table adopted as KCC 21A.08.030. See King County Ordinance No. 12786,
§2;No. 14045, §10;No. 14199 §232;No. 14279, §1;No. 15032, §10;No. 15606, §11;No. 15971,
§93; No. 15974, §6; No. 16040, §3 and No. 16267, §19. During that same time period, a
conditional use permit was always required for a home industry. Id. During that same time period,
one commercial vehicle was authorized for outdoor storage for Home Occupations, if the vehicle
was used for pickup of materials used by the home occupation or the distribution of products from
the site and is less than a ton in weight. KCC 21A.30.080(E)(8); King County Ordinance No.
11621,§ 93;No. 15032, §37 and No. 15606, §19.
Applying the ordinances of the preceding paragraph,the only commercial vehicles authorized for
outdoor storage on the subject property from 1999 through the date of the 2008 Benson Hill
annexation was one commercial vehicle less than one ton in weight as part of a home occupation
or potentially multiple commercial vehicles authorized by a conditional use permit for a Home
Industry. Mr. Carner has not presented any evidence of a conditional use permit authorizing a
home industry for his property that involves outdoor storage of commercial vehicles. Further, Mr.
Carner did not present any evidence establishing that any of the commercial vehicles stored on his
property during that time frame were necessary to deliver materials to or from the home
occupation. Consequently, Mr. Carner has not met his burden of proof in establishing any
nonconforming use for storage of commercial vehicles.
The nonconforming use rights for noncommercial vehicles is more easily ascertained for Mr.
Carner's property. Although KMC 21A.32.230 has long classified junk and inoperable motor
vehicles as prohibited public nuisances, no KMC provision has ever otherwise limited the amount
of operable and licensed vehicles that may be parked on a residentially zoned lot. As determined
in Finding of Fact No. 4, Mr. Carner had at least five noncommercial vehicles parked on his
property immediately prior to annexation. Consequently, he legally established the parking of up
to five vehicles on his property before annexing into the City of Renton and being subject to the
four vehicle restriction. However,as noted in the Introduction section of this decision,even legally
established uses can be subject to subsequently enacted zoning restrictions if those restrictions
don't operate to terminate the use. Since the use at issue is a single family use, the limitation of
parking to four vehicles clearly does not operate to terminate that single family use and can
therefore still be applied.
Mr. Carner did not present any evidence that his property had been used to store any oil drums,
wood or solid waste prior to annexation. He also did not present any evidence that he had stored
a cargo container on his property prior to annexation. Since Mr. Carner has the burden of proof in
establishing legally nonconforming uses, it must be concluded that he did not establish any legally
nonconforming outdoor storage use of cargo containers, oil drums, wood or solid waste. No
nonconforming use rights attach to those uses.
5. Code Violations. The four code violations alleged in the FOV for the subject appeal,
CODE 17-000628,are all quoted below in italics and applied to the Findings of Fact of this decision
through corresponding Conclusions of Law.
Excess Parking-Violation No. 1
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RMC 4-4-080(F)(10)(d): [For residential uses composed of detached dwellings] ... A maximum
of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless
kept within an enclosed building.
6. Violation No.1 Sustained. As determined in Finding of Fact No. 5(A), ten vehicles were
parked on the subject property on February 19, 2018, which exceeds the four vehicles authorized
by RMC 4-4-080(F)(l0)(d). Violation No. 1 is sustained.
Prohibited Storage-Violation No. 2
RMC 4-5-130(B)(4): ... [IPMC] 308.9 Prohibited materials: Shipping containers and other
similar storage units do not qualify as accessory buildings on residentially zoned properties, and
are prohibited. Hazardous materials are also prohibited for outdoor storage on residentially zoned
properties.
7. Violation No.2 Sustained. As determined in Finding of Fact No.5(B),a shipping container
was stored on the subject property on February 19, 2018. The subject property is residentially
zoned as R8 and the shipping container, therefore, violates RMC 4-5-130(B)(4), Section 308.9.
Violation No. 2 is sustained
Overnight Parking- Violation No.3
RMC 10-10-12: It shall henceforth be unlawful to park within any residential zone (SR-1, SR-2,
R-1 through R-4, T and G)within the City from the hours of nine o'clock(9:00)P.M. to six o'clock
(6:00)A.M. the following types of vehicles:
A. All types trailers designed to be drawn by a motor vehicle except recreation trailers.
B. Buses and trucks used for business purposes in whole or in part excluding pickup or panel
trucks of less than one ton rated capacity.
8. Violation No. 3 Sustained. As determined in Finding of Fact No. 3, a transit van that
qualifies as a"bus"was parked overnight on the subject property on February 19, 2018. RMC 10-
10-12 does not include R8,the zoning of the subject property,within its parenthetical examples of
"any residential zone" within the City of Renton. However, RMC 10-10-12 was adopted in 1980
and the 1983 City of Renton Zoning Map shows the R8 district hadn't yet been adopted by 1983.
As indicated in City of Renton Administrative Interpretation CI-129, when code standards
generally reference residential zones with outdated references to specific zoning districts,the more
generally encompassing reference to all residential districts should supersede the specific
references to include all residential zones currently in effect. Given the CI-129 interpretation,the
reference to "any residential zone" in RMC 10-10-12 is interpreted to include the R8 zone. Since
the transit van was parked in the R8 zone overnight on February 19,2018, Mr. Carner as owner of
the subject property has violated RMC 10-10-12 and Violation No. 3 is sustained.
Outdoor Storage Location—Violation No. 4
Code Enforcement Decision- 10
RMC 4-5-130(B)(4):
308.2 Allowed residential outdoor storage: For RC and R 1 zoned properties, a maximum of 400
square feet of area may be used for outdoor storage. For R4 and R8 zoned properties, a maximum
of two hundred(200)square feet of area may be used for outdoor storage.
308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially zoned
property in the following areas:
Front yards
Side yards
Slopes greater than 15%
Designated open spaces or restricted areas
Critical areas, including wetland, streams and associated buffer areas
308.4 Emergency access: Outdoor storage areas shall not prevent emergency access to the
residential structure or any other building.
308.5 Business related storage: Materials stored outdoors on residentially zoned properties shall
not be owned by or used in any business or industry including a home occupation business.
308.6 Height limitations: Materials stored outdoors on residentially zoned properties shall be
neatly stacked and not exceed a height of six feet (6'). Tarps may not be utilized for screening
outdoor storage.
RMC 4-11-190: STORAGE,OUTDOOR: The outdoor accumulation of material or equipment
for the purpose of sale, rental, use on site, or shipping to other locations. This definition excludes
hazardous material storage, warehousing and distribution, vehicle storage, and outdoor retail
sales.
9. Violation No.4 Sustained. As determined in Finding of Fact No. 4, more than 200 square
feet was used on the subject property to store oil drums, wood and solid waste, all of which
qualifies as "material" under the RMC 4-11-190 definition of outdoor storage. Since the subject
property is zoned R8, Mr. Carner has violated RMC 4-5-130(B)(4)by using more than 200 square
feet of the subject property for outdoor storage.
FINES
RMC 1-3-2(F)(1): Finding of Violation:A committed Finding of Violation, as described in this
section, is a civil code violation, and Violator(s) may be issued a fine of up to two hundred fifty
dollars ($250). Nothing in this section is intended to limit or prevent the pursuit of any other
remedies or penalties permitted under the law, including criminal prosecution. The payment of a
fine pursuant to this section does not relieve a potential Violator of the duty to correct the violation
as requested by the CCI or as ordered by the Administrator.
10. As determined in prior conclusions of law, all four of the four alleged violations in the
FOV are sustained. A fine of"up to" $250 is authorized for each violation and the $100 fine per
violation imposed by the City is more than reasonable given the multiple prior efforts of the City
to secure compliance from Mr. Carner. However, since the storage of noncommercial vehicles on
the property was lawfully established prior to annexation of the property, the $100 fine for
Violation No. 1 is suspended for a year and then waived upon abatement for the reasons outlined
in the Introduction section of this decision.
DECISION
Code Enforcement Decision - 11
All four of the four violations alleged in the FOV for File No. CODE17-000628 are sustained as
are the$400 in total fines imposed by the FOV. $300 of the$400 in fines are due by April 1,2019.
The remaining$100 fine is suspended for one year to April 1,2020 pending abatement of Violation
No. 1 of the FOV as specified in the FOV correction action. If Mr. Carner timely abates Violation
No. 1, the remaining $100 fine shall be waived. Violations No. 2-4 shall be abated by April 1,
2019 as detailed in the FOV"corrective action" for Violations No. 2-4.
DATED this 21st day of February, 2019.pOihrPhechts
City of Renton Hearing Examiner
NOTICE OF RIGHT TO APPEAL AND RECONSIDERATION
Appeal to Superior Court. An appeal of the decision of the Hearing Examiner must be filed with
Superior Court within twenty-one calendar days,as required by the Land Use Petition Act,Chapter
36.70C RCW.
Requests for reconsideration shall be entertained if filed with the City Clerk prior to 5:00 pm,
March 8, 2019.
Code Enforcement Decision- 12