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HomeMy WebLinkAboutExhibits Sheet & Exhibit #1• CITY OF RENTON p + DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT • REPORT TO THE HEARING EXAMINER, EXHIBITS Project Name: ODE21-000119 Ed Wilson Appeal Hearing Date of Hearing staff Contact Violator Violation Location October 11, 2022 Donna Locher Ed Wilson 332305-9070 425-430-7438 C Nhan Phi Bussele 332305-9025 332305-9048 The following exhibits were entered into the record: Exhibit 1: Code Compliance Narrative & Renton Municipal Code Exhibit 2: CODE14-000585 & August 25, 2014, Cease & Desist Letter Exhibit 3: January 21, 2021, ERTS Report (Environmental Violations) Exhibit 4: February 11, 2021, & February 16, 2021, Photos Exhibit 5: March 25, 2021, Stop Work & August 25, 2014, Cease & Desist Letter (Tim) Exhibit 6: April 9, 2021, Finding of Violation & Order to Correct Exhibit 7: Letters & Business License Denial (US Tractor & Equipment) Exhibit 8: January 19, 2022, Photos Exhibit 9: March 17, 2022, Finding of Violation & Order to Correct & March 30, 2022, Appeal Exhibit #10: 2022 Photos of Dumping Exhibit #11: All emails from Daughter & Mrs. Wilson Exhibit #12: 2010 to 2012 Code Cases & Business License Unmarked Exhibit: All requestor(s) emails Unmarked Exhibit: PD Drone Footage CITY OF entoPFNSD? • CITY OF RENTON p + DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REPORT TO THE HEARING EXAMINER, EXHIBITS Project Name: Code Case Number: Ed Wilson Appeal Hearing CODE21-000119 Date of Hearing Staff Contact Violator Violation Locations October 11, 2022 Donna Locher Ed Wilson 332305-9070 10:00 a.m. 425-430-7438 C Nhan Phi Bussele 332305-9025 332305-9048 Exhibit 1 Case Narrative & Municipal Codes CITY OF LET Y O.c entonw RENTON CODE COMPLIANCE NARRATIVE August 26, 2022 Parcel ID: 332305-9070 332305-9048 332305-9025 Renton WA 98056 Violator: Edward Wilson + 17844 120th Avenue SE Renton, WA 9858 CODE14-000585 CODE21-000074 CODE21-000119 RMC Violation: RMC 4-4-060 GRADING, EXCAVATION AND MINING REGULATIONS A: PURPOSE D: GENERAL EROSION AND SEDIMENT CONTROL STANDARD I: REGULAR GRADING REQUIREMENTS N4. FILL MATERIAL RMC 4-4-130 Adopts the International Property Maintenance Code Section 308 Outdoor Residential Storage International Property Maintenance Code Section 308.9 Prohibited Materials RMC 4-4-085 PARKING OF VEHICLES ON RESIDENTIAL PROPERTY: RMC 4-2-050 + 4-2-060 Accessory Uses RMC 4-3-050 G 9 Wetlands (Exhibit #1) These three properties are in violation of some or all of the codes listed in Exhibit #1. 1 On March 1, 2008, the City of Renton annexed the Benson Hill area, formerly unincorporated King County. The location of Mr. and Mrs. Wilson's properties are in a residential area of this annexation. Prior to the annexation the Wilson's properties were in a residential zone of King County. According to the King County Master GIS Specialist who has records back to 1991, this area was never zoned commercial. Mr. and Mrs. Wilson construction businesses would not be allowed to operate as they were then and now. King County Ordinance #5527 passed on June 15, 1981. This ordinance related to zoning, amending the uses allowed under the conditional use permit by adding a new eligible use known as a cottage industry. Cottage Industry. "Cottage Industry" means any activity undertaken for gain or profit and carried on in a dwelling, or building accessory to a dwelling, by members of the family residing in the dwelling and up to three additional unrelated persons. Cottage Industry, only in the following zones: G-5, G, A, S-E, S-C, GR-5, an GR-2.5, provided the following conditions ................ 2010: Business License for State EWC Construction, Inc., issued to Ed Wilson, President of Company. Commercial Business License application should have been a Home Business License application as this business was located in a residential zone. 2014: (Exhibit #2) CODE14-000585 — Fill and Grade without Permits & Critical and Environmental Violations. August 25, 2014: Cease & Desist Letter issued for no further dumping, stockpiling and encroachment into the stream and wetland areas. Warning of Violation issued with eleven (11) separate violations of city codes which incorporates the Cease & Desist Letter. Photos of Ariel Maps, Wetland Area and Stream on Property with Access to and from SE Petrovitsky Road and the Wilson Property. January 21, 2021, ERT Request Tip or Complaint: Dumping of Salvaged material and filling in property by wetlands and streams. Thousands of yards of fill material and broken up concreate etc have been dumped on property over the last several years. A class 2s stream has been filled F) in to create a road there is no permitting for. You can see this in the 2019 arial views for King county parcels. They are bringing in materials from other sites and smashing them on property. (Exhibit #3) January 21, 2021: ERTS Report February 8, 2021: Email to Administrator. September 1: 2021, Email string requesting follow up site inspection. (Exhibit #4) February 11, 2021: Photos February 16, 2021: Photos (Exhibit #5) March 22, 2021: Handed Stop Work Order, Tim's 2014 letter, and information on Home Occupation Business Licenses to Mrs. Wilson at 11:26 a.m. There was not construction activity at the time. Mrs. Wilson said they were moving items out of Bonneville Power's easement. Asked her to have Mr. Wilson call me if he had questions. (Exhibit #6) April 9, 2021: Finding of Violation & Order to Correct & Mailing Labels (Exhibit #7) April 26, 2021: Letter to Follow up April 20, 2021, meeting. April 28, 2021" Spoke with Brenda Tran who received a letter from the Wilsons. (See attached April 26, 2021, letter). (Exhibit #3) May 18, 2021: Letter denying a business license for US Tractor & Equipment & Mailing. Spoke with business owner and gave him 30 days to relocate business. September 1, 2021: Email to Phi Nhan asking to meet for a site inspection due to a complaint of loud machinery. (Exhibit #8) January 19, 2022: Photos (Exhibit #9) March 17, 2022: Finding of Violation for $2000.00 ($250.00 each Violation) March 30, 2022: Appeal received from Ed Wilson (Exhibit #10) May thru June 2022: Photos of dump truck and dumping material on property. (Exhibit #11) Email Correspondence to and from daughter Fiery Pheonix roadrunner@email.com Email Correspondence to and from Mrs. Wilson phinhaned@vahoo.com (Exhibit #12) 2010 to 2012 Cases I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. signed on in Renton, Washington 4 These three properties are in violation of some or all of the codes listed below: RMC Renton Municipal Code IMPC International Property Maintenance Code RMC 4-4-060 GRADING, EXCAVATION AND MINING REGULATIONS: A. PURPOSE: It is the purpose of this Section to: 1. Provide a means of regulating mining, excavation and grading to promote the health, safety, morals, general welfare and esthetics in the City of Renton. 2. Promote the progressive rehabilitation of mining, excavation and grading sites to a suitable new -use. 3. Protect those areas and uses in the vicinity of mthing, excavation and grading activities against detrimental effects. 4. Promote safe, economic, systematic and uninterrupted mining, excavation and grading activities within the City of Renton. 5. Minimize adverse stormwater impacts generated by the removal of vegetation and alteration of landform in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit. 6. Protect water quality from the adverse impact associated with erosion and sedimentation in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit. (Ord. 5526, 2-1-2010) D. GENERAL EROSION AND SEDIMENT CONTROL STANDARDS: 1. Erosion and Sediment Control Required: A person who clears, grades or otherwise disturbs a site shall provide erosion and sediment control that prevents, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, water resources and adjacent properties. Erosion and sediment controls shall be applied as specified by the temporary erosion and sediment control measures and performance criteria and implementation requirements in the Surface Water Design Manual adopted in accordance with RMC 4-6-030. I. REGULAR GRADING REQUIREMENTS: 1. Inspection, Testing and Reports: Inspection and testing by an approved testing agency including certification of the excavated or filled areas may be required by the Building Division at any time the City's authorized inspectors believe problems may occur. Should special problems be indicated in regular grading, the Building Division may require the owner or operator to submit engineering reports similar to engineered grading and may specify a time period for compliance to prevent undue hazard. (Ord. 5526, 2-1-2010) ;1141&13 N4. Fill Material: Fill material shall be subject to the following standards and requirements: a. General: Fill materials shall have no more than minor amounts of organic decomposable substances and shall have no rock or similar irreducible material with a dimension greater than eight inches (8"). Material used in fills shall be appropriate for the site and the intended use of that portion of the site. b. Construction, Demolition, and Land Clearing Waste Prohibited: Fill material shall be free of construction, demolition, and land clearing waste except that this requirement does not preclude the use of recycled concrete rubble from a Washington State Department of Transportation approved source. c. Cleanliness of Fill Material: Fill material shall not contain concentrations of contaminants that exceed cleanup standards for soil specified in WAC 173-340-740, Model Toxics Control Act. No solid waste, hazardous waste, hazardous material, or materials categorized as dangerous waste under WAC Title 173 shall be used as fill. d. The Administrator may specify other characteristics of the fill material used, the degree of compaction, the moisture content, and the method of placement based on the intended use of the portion of the site where the fill will be placed and the requirements for water retention, drainage control, and erosion control. RMC Section 4-5-130 Adopts the International Property Maintenance Code. IMPC 308 Residential Storage 308 Residential Outdoor Storage: 308.1 Purpose: The purpose of this section is to define and regulate the outdoor storage of materials on residential property while maintaining the character and use intended for single family residential neighborhoods. 308.2 Allowed residential outdoor storage: For RC and R-1 zoned properties, a maximum of four hundred (400) square feet of area may be used for outdoor storage. For R-4, R-6, and R-8 zoned properties, a maximum of two hundred (200) square feet of area may be used for outdoor storage. For R-10 and R-14 zoned properties, a maximum of one hundred feet (100') of area may be used for outdoor storage. Outdoor storage in excess of the above requirements is not permitted in the City of Renton. 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 fifteen percent (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. 308.9 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. (Ord. 5710, 4-14-2014; Ord. 5917, 12-10-2018; Ord. 6010, 1-25-2021) RMC 4-4-085 PARKING OF VEHICLES ON RESIDENTIAL PROPERTY: A. PURPOSE: The primary purpose of yards on residential property is to provide access to light and air and to provide circulation, recreation, and landscaping around the primary dwelling building. The presence of such yards on residential property is beneficial to the general health, safety, and welfare of the community. The purpose of this Section is to restrict the type and number of vehicles that may be parked on residential property by declaring the parking of vehicles in violation of this Section to be a public nuisance and such violations, if unabated, present a risk to public health, safety and welfare. This Section does not address the development standards for off-street parking facilities, which can be found in RMC 4-4-080. E. COMMERCIAL VEHICLES: No more than one commercial vehicle shall park or otherwise be stored on any lot in any residential zone except as allowed through an additional vehicles permit; provided, that no semi -trucks, semi -cabs, or tractor trailers shall be permitted. The following vehicles shall be exempt from this subsection: 1. A vehicle that is being actively loaded or unloaded; or 2. A vehicle that is being used for the exclusive purpose of providing active and permitted construction or other hired services with the permission of the owner of the property at that location including, but not limited to, construction, carpentry, plumbing, landscaping, and moving services. 4-2-050 PERMITTED LAND USES ESTABLISHED: ACCESSORY USES: Uses customarily incidental and subordinate to a principal use and located within the same structure as the principal use or otherwise upon the same site occupied by a principal use. Some accessory uses are specifically listed, particularly where a use is only allowed in an accessory form, whereas other accessory uses are determined by the Administrator on a case -by -case basis per RMC 4-2-050C4 and C6, Accessory Use Interpretations and Unclassified Uses. 4-2-060 M PERMITTED LAND USES ESTABLISHED: d V s.epa,x. rer A @ a.n:ae`CAM a V sakku,ena ><,:I WRMWIC4aft w = 11.�-M'oa+a.+a r CD f + - o -A 1 F C p hv;n w.x.codes.bkh�yW A :o tti e91 ,t ... - TneNOE.EiOT.ENTgE-TS- k5 S :cl, f:a�rro:ps Cn 2 2ZMk g9iA:CT4-USES Akp SiArv❑ARDS am . uuau nexa -ur•.. 2OW 2alap!he tack-Usesa unZwpoesgne. •Adv.MM Seueh tle1 ma exm (•) a amu.l s n*w. m em.0 a �ma asks. as ma.:enema m kkv .+-w a e•wo "n Max . 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Manage development activities to protect environmental quality, promote diversity of species, and habitat within the City; 2. Ensure that activities in or affecting critical areas do not threaten public safety, cause nuisances, or destroy or degrade critical area functions and values; 3. Prevent the loss of critical area acreage and functions and strive for a net gain over present conditions through restoration where feasible; 4. Assist or further the implementation of the policies of the Growth Management Act, the State Environmental Policy Act, and the City Comprehensive Plan; 5. Provide City officials with information to evaluate, approve, condition or deny public or private development proposals with regard to critical area impacts; 6. Protect the public life, health, safety, welfare, and property by minimizing and managing the adverse environmental impacts of development within and abutting critical areas; 7. Protect the public from: a. Avoidable monetary losses due to maintenance and replacement of public facilities and utilities, property damage, public mitigation of avoidable impacts, and public emergency rescue and relief operations; and b. Potential litigation on improper construction practices occurring in critical areas; 8. Reduce the potential for damage to life and property from abandoned coal mines, and return the land to productive uses; 9. Maintain, to the extent practicable, a stable tax base by providing for the sound use and development of areas of flood hazard areas so as to minimize future flood blight areas; and 10. Protect riparian habitat in order to provide for bank and channel stability, sustained water supply, flood storage, recruitment of woody debris, leaf litter, nutrients, sediment and pollutant filtering, shade, shelter, and other functions that are important to both fish and wildlife. G9. Wetlands: a. Applicability: Wetland regulations apply to sites containing or abutting wetlands, defined in RMC 4-11-230, as described below. The City categorizes wetlands according to the most current version of the Washington State Wetland Rating System for Western Washington. b. Delineation of Regulatory Edge of Wetlands: i. Methodology: For the purpose of regulation, the exact location of the wetland edge shall be determined by the wetlands specialist hired at the expense of the applicant through the performance of a field investigation in accordance with the approved federal wetland delineation manual and applicable regional supplements. RMC 4-3-050 1. Permit Required: a. Development or Alteration: Prior to any development or alteration of a property containing a critical area as defined in subsection B of this Section, entitled Applicability, the owner or designee must obtain a development permit, critical area permit, and/or letter of exemption. No separate critical area permit is required for a development proposal which requires development permits or which has received a letter of exemption.