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HomeMy WebLinkAboutLUA77-054 BEGINNING OF FILE FILE TiThOlt 10 MICROFILMED SP- o5L -77 DECLARATION OF RESTRICTIVE COVENANTS WHEREAS , a`O c zi6 /! l.,oAe__, e;/../_0q, / ZIT I , ! ! - are the owners of the following real property in the City of Renton , N^ County of King , State of Washington , described as Exhibit ' A ' CDi E . attached hereto . CD oce r WHEREAS , the owner( s ) of said described property desire to impose the following restrictive covenants running with the land as to use , present and future , of the above described real property . NOW , THEREFORE , the aforesaid owner( s ) hereby establish , grant and impose restrictions and covenants running with the land hereinabove described with respect to the use by the undersigned , their successors , heirs , and assigns as follows : INSTALLATION OF OFF-SITE IMPROVEMENTS The owner( s ) of the above described property , their suc- cessors , heirs and assigns , hereby agree and covenant to participate in , sign a petition in support of , and accept any future Local Improvement District ( LID) or city initia- ted proposal , and pay their fair share therefore , for the purposes of providing the necessary off-site improvements required by the Renton Subdivision Ordinance . Said improve- ments shall include but may not be limited to the installa- tion of curbs , gutters , sidewalks , street paving , sanitary sewers , storm sewers , undergrounding of utilities , and street lighting . These covenants are imposed in lieu of Section 9- 1105 ( 6 ) of Title IX of Ordinance #1628 of the City of Renton . r„ e i • t DURATION These covenants shall run with the land and expire on December 31 , 2025 . If at any time improvements are installed pursuant to these covenants , the portion of 0 the covenants pertaining to the specific installed improve- N CDments as required, by the Ordinances of the City of Renton •cj • CD aD shall terminate without necessity of further documentation . • Any violation or breach of these restrictive covenants may enforced byproper legal p p g procedures in the Superior Court of Kiii'g County by either the City of Renton or any property owners adjoining subject .property who are adversely affected by said breach . • ! STATE OF WASHINGTON ) COUNTY OF KING ) ® On this •th day of , 1977 , before me personally appeared � Sajie. ` �eJe , , 0ePS, /. �ohe 9 � the person (s ) who executed the within and foregoing instrument , and acknowledged said instrument to be the free and voluntary act and deed of said person ( s ) for the uses and purposes therein mentioned . IN WITNESS WHEREOF , I have hereunto set my hand and -affixed my official seal the day and year first above written . •'�,N\tis1i1, MED for Rgzord Rzttatt Notary Public in and fotrthie,J tate -� eaciettedQ of Washington , residinv.a '•.° k'" OFFICE OF THE C Y CLERK ,• mannotNTON MUNV'1 I L AVE. SOUTH REN_T_ON, WASH V GENERAL DESCRIPTION (PARCELS 1 , 2 , 3 , 4 INCLUSIVE ) 441 LOT 30-23-05 BLOCK 9036 CODE 2110 SEC 30 TOWNSHIP 23 RANGE 05 FEAST 400 FEET OF NORTH ONE-HALF OF SOUTHWEST 1/4 OF dj NORTHEAST 1/4 LESS SOUTH 252 . 36 FEET TOGETHER WITH PORTION OF NORTH ONE-HALF OF SOUTHEAST 1/4 OF NORTHEAST 1/4 LYING WESTERLY OF JOHN LANGSTON ROAD # 80 LESS SOUTH 252 . 36 FEET. I nvolce-Nd CITY OF RENTON 200 MILL AVENUE SOUTH RENTON, WASH I NGTON 98055 CISY CLEIi{.0 Department or Division ' • Date February 3 , 1978 Ernest J. Lobe Please . make checks payable to 2709 Talbot Road S . Renton, Wash. 98055 Finance Department City of Renton Recording Fees for following document filed at King County, .. Records & Elections Department; $9. 00 Short Plat #SP-054-77. ,( . copy enclosed ) Restrictive Covenants Recording No. 7802020715 ( . copy enclosed ) • Total Due $9. 00 ® R. v hh. ,: . O THE CITY OF RENTON tt `® E. MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 p CHARLES J. DELAURENTI I MAYOR • LAND USE HEARING EXAMINER L. RICK BEELER . 235-2593 "P'it° SEP'1°4® AUGUST 15 , 1977 MR. ERNEST J . LOBE RE : FILE NO. SH. PL . 054-77 2709 TALBOT ROAD SOUTH W-055-77 RENTON, WA 98055 DEAR MR . LOBE : THIS IS TO NOTIFY YOU THAT THE ABOVE REFERENCED REQUESTS, WHICH WERE APPROVED SUBJECT TO CONDITIONS AS NOTED ON THE EXAMINER 'S REPORT OF JULY 29 , 1977 , HAVE NOT BEEN APPEALED WITHIN THE TIME PERIOD SET BY ORDINANCE, AND THEREFORE, THIS APPLICATION IS CONSIDERED FINAL AND IS BEING SUBMITTED TO THE CITY CLERK EFFECTIVE THIS DATE FOR PERMANENT FILING . RESTRICTIVE COVENANTS WILL BE FILED BY THE CITY CLERK WITH KING COUNTY. S e, L. RICK BEELER HEARING EXAMINER LRB :MP CC: ".I;ITY CLERK PLANNING DEPARTMENT /1/2‘ RE, . Itb 0 AUG 12 I917 .13 G DEP As- 1111 DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, �cs ��, c �c� , • e/sty caC J . • are •the owners of ,the following. real property in the City of Renton , County of King, State of Washington, described as Exhibit 'A' attached hereto. • WHEREAS , the owners) of said described proPerty desire to impose the following restrictive covenants running with the land as • to use, present and future, of the above described real property. NOW, THEREFO,RE, the aforesaid owner(s) hereby establish , grant and impose restrictions and covenants running with the land hereinabove described with respect to the use by the undersigned, • their successors , heirs , and assigns as follows: • • INSTALLATION OF OFF-SITE IMPROVEMENTS The owner(s) of the above described property, their suc- cessors , heirs and assigns , hereby agree and covenant to participate in , sign 'a petition in support of, and accept . any future Local Improvement District (LID) or city initia • - ted proposal , and pay their fair share therefore, for the . purposes of providing the necessary off-site improvements required by, the R'ento'n Subdivision Ordinance.' Said .improve- ments shall include b•ut may not be limited to the installa- tion of curbs , gutters , sidewalks , street paving, sanitary sewers , storm sewers , undergro'unding of utilities , and street lighting. , !These covenants are imposed in lieu, of Section 9-1105(6) of title IX of Ordinance 41628 of the City of Renton . • • 1 EL. M DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants , the portion of the covenants pertaining to the specific installed improve- ments as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach.. nn ,,7 STATE OF WASHINGTON) COUNTY OF KING )�/ On this �'= day of , 1977 , before me personally appeared 4SQjie_ / ��X�� c�i�s J �abe the person(s) who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said person(s) for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the 5Aate. of Washington , residing at AFFIDAVIT OF SERVICE BY MAILING State of Washington) County of King ) • Marilyn J. Petersen , being first duly sworn, upon oath disposes and states: That on the 1st day of August , 19 77 , of f i ant deposited in the mails of the United States a sealed envelope containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below-entitled application or petition. d.j' 71_4>(--ey- itd< Subscribed and sworn this /4t day of a.� 1977 . Notary Public in and for the State of Washington, residing at Renton Application, Petition or Case: Lobe, Short Plat No. 054-77, W-055-77 (The nunuteb contain a .P;i;at ot5 the pa tia ob n.eco/.d) p� 1V7 4. .► ® THE CITY OF RENTON c' ® . '' MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 mrb 0 -15 ! ; CHARLES J. DELAURENTI , MAYOR • • PLANNING DEPARTMENT 235-2550 04)AT£0 SE4:11 '"?' • January 5 , 1978 Mr. Ernest J . Lobe 2709 Talbot Road South Renton , Washington 98055 Dear Mr. Lobe : This is to remind you that the Hearing Examiner approved your short plat on July 29 , 1977 , and that the plat map original must be properly revised for signing and filing of the short plat with King County . __ We would appreciate your prompt attention to this so that your short plat can be finalized . If you have any ques- tions , please do not hesitate to contact this department . Very truly yours , Gordon Y . Ericksen Planning laanning D) rec r • • P. ichael L . mith Associate Planner • MLS : wr . 9' ` I 0.` July 29, 1977 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION. APPLICANT: Ernest J. Lobe FILE NO. Short Plat No. 054-77 W-055-77 LOCATION: Property located in the vicinity of 2709 Talbot Road South SUMMARY OF REQUEST: Applicant requests approval of a four-lot short plat, together with approval of Waiver of the Off-Site Improvements, curbs, gutters, and sidewalk, required by the Subdivision Ordinance. SUMMARY OF Planning Department: Approval of short plat with conditions; RECOMMENDATION: denial of waiver Hearing Examiner: Approval of short plat with conditions; approval of waiver PLANNING DEPARTMENT , The Planning Department staff report was received by the REPORT: Examiner on July 20, 1977. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on July 26, 1977 at 2:15 p.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were sworn. It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. Michael Smith, Planning Department, reviewed Exhibit #1, and entered the following additional exhibits into the record: Exhibit #2: King County Assessor's Map Exhibit ,#3: Short Plat Map Exhibit #4: Letter from applicant regarding waiver of improvements, dated July 8, 1977 Exhibit #5: Restrictive Covenants for future off- site improvements Mr.. Smith reported that submittal of a final lot plat map showing the existing house would be required. He also reported that in signing restrictive covenants the applicant had agreed to participate in a future LID for off-site improvements in the area. The Examiner referred to Exhibit #1, Item C. , Purpose of Request, and asked Mr. Smith if the possibility existed to further subdivide the parcels if the portion located in the steep slope was not developed. Mr. Smith did not feel subdivision was feasible because of minimum width of 60 feet of the lots with pipestemming not possible on certain lots. He indicated that the depth of the applicant's rear lot was not sufficient to allow further subdivision of the property and reported that short- platting could not occur for five years after the date of the subject short plat approval. The Examiner asked the applicant if she concurred in Exhibit #1. Responding was: Rosalie Lobe 2709 Talbot Road South Renton, WA 98055 ill° 4/1 Short Plat No. 054-77 Page Two W-055-77 Mrs. Lobe reported that interest had been shown to purchase portions of the property for use as future greenbelt area and that she and her husband did not intend to further subdivide the property in order to maintain privacy. Discussion ensued regarding the possibility of donating a portion of the property for greenbelt purposes to reduce the tax assessment and provide an alternative for the property. The Examiner asked Mr. Smith if he had additions, changes or modifications to Exhibit #1. Mr. Smith indicated that he had no further comments. The hearing on Item #Short Plat 054-77 and W-055-77 was closed by the Examiner at 2:45 p.m. •FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The request is for approval of a four-lot short plat and approval of a Waiver of Off-Site Improvements (curb, gutter and sidewalk) . 2. The Planning Department report accurately sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter, (is uncontested) , and is hereby attached as Exhibit #1 and incorporated in this report by reference as set forth in full herein. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, as amended by R.C.W. 43.21.C. , the proposal was determined by Gordon Y. Ericksen, responsible official, to be exempt from the threshold determination and EIS requirements. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development and no adverse comment was expressed. 5. There was no opposition to the proposal expressed. 6. All existing utilities are available and in close proximity. 7. The proposal is compatible with the required setbacks and lot coverage of Section 4-706 and 4-729 of Title IV, Building Regulations. 8. Curbs, gutters and sidewalks do not exist along Talbot Road South in this area. In the past these off-site improvements were deferred in the plats of Talbot Crest and Victoria Park which are located north and near the proposal. 9. The existing house on parcel 3 was not shown on Exhibit No. 3. 10. Exhibit No. 3 shows within the short plat a fifth parcel which is not under consideration since it is of separate ownership. 11. Sections 9-1105.6.B and 9-1109.1 contain the requirements for granting a Waiver of Off-Site Improvements. Staff recommended indefinite deferral of the improvements per Section 9-1108.21. No testimony was given to indicate that the final grade for Talbot Road South was being established or would be established within two years to permit installation of the improvements. 12. The site will accommodate possibly three more lots under conditions where limitations to development would be required due to the severe slope of the western half of the site. CONCLUSION: 1. The proposed' Short Plat is a reasonable request which meets the goals and policies of the Comprehensive Plan, Land Use Report and the intent of zoning and subdivision regulations. 2. Upon comparison it appears that the criteria for a Waiver (9-1105.6.B and 9-1109.1) are more applicable to this proposal than the criteria for a Deferment (9-1108.21) . Since utilities exist adjacent to the property, only curb, gutter and sidewalk improvements are at issue. Section 9-1108.21.B stipulates that a deferral is for only a maximum of two years, after which the improvements must be installed. However, in the past, deferments for an indefinite period have been granted pending formation of an LID. 411 • Short Plat No. 054-77 Page Three W-055-77 Section 9-1105.6.B provides that a waiver must be justified, among other criteria, by the ". . .absence of such improvements located within a reasonable distance and/ or the conditions outlined in Section 9-1109.1.A. " Clearly no curbs, gutters or sidewalks exist in the vicinity, and these improvements would very likely not be designed for construction (final grades established, etc.) within two years. Construction of these improvements would create an ". . .undue hardship. . ." upon the applicant if it had to occur in two years or without the economies associated with an LID. It is reasonable" to assume that curbs, gutters and sidewalks will be constructed in the future through an LID. Justification has not been presented to substantiate not ever making such improvements in the future adjacent to the proposal. On the contrary, the applicant submitted signed covenants (Exhibit #5) agreeing to participate in an LID. Therefore, it seems reasonable to approve the waiver subject to future participation in an LID. The improvements should not be waived completely. This would conform to previous action in the subdivisions of Talbot Crest and Victoria Park. RECOMMENDATION: Based upon the record, testimony, and foregoing findings and conclusions, it is recommended: 1. Approval of the short plat provided: a. Placement of certification and approval forms on the short plat drawing; b. No further subdivision of the property within five years without filing a final plat; and c. Placement of the existing house on the short plat drawing. 2. Approval of the waiver of off-site improvements until such time as an LID is formed whereby the applicant will contribute his/her fair share on an equitable basis per applicable laws with other property owners in the area. 3. Subject to conformance with all other applicable requirements of the Subdivision Ordinance and zoning regulations. 4. Planning Department review and approval of incorporation of the aforementioned into a revised drawing of the short plat. ORDERED THIS 29th day of July, 1977. 1 �� 1467, ► L. Rick .=eler Land Use Hearing Examiner TRANSMITTED THIS 29th day of July, 1977 by Affidavit of Mailing to the parties of record: Ernest J. Lobe Rosalie Lobe TRANSMITTED THIS 29th day of July, 1977 to the following: Mayor Charles J. Delaurenti Council President George J. Perry Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division Gerard M. Shellan, City Attorney Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before August 12, 1977. Any aggrieved person feeling that the decision of the Examiner is 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 review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. RECEIVED JUL11, 111 CITY OF R'ENT014 }NEARING VAMINER 261S71 PLANNING DEPARTMENT 0 110., 15V; PRELIMINARY REPORT TO HEARING EXAMINER ° c. > d mair'`,6"+, PUBLIC HEARING JULY 26 , 1977 EXHIBIT NO. / APPLICANT: ERNEST J . LOBE ITEM O6 s5h . fj$7�_ 77 FILE NO. : SHORT PLAT No . 054-77 and WAIVER OF OFF-SITE IMPROVEMENTS , FILE NO. W-055-77 i.' - Of -77 A. SUMMARY OF REQUEST: • Applicant requests approval of a four-lot, short plat , together with approval of Waiver of the Off-site Improvements , curbs , gutters , and sidewalk , required by the Subdivision Ordinance . B. GENERAL INFORMATION : 1 . Owner of Record : ERNEST J . LOBE AND ROSALIE F. LOBE 2 . Applicant : ERNEST J . LOBE 3. Location : Property located in the vicinity of 2709 Talbot Road South . 4 . Legal Description : A detailed legal description is avail - able on file in the Renton Plann. ng Department. 5 . Size of Property : Approximately 3 . 7 acres . 6 . Access : Via Talbot Road South . 7 . Existing Zone : G-9600. 8. Existing Zoning G-9600, General Classification District ; in the Area : SR-1 , Suburban Residence District. 9 . Comprehensive Single Family Residential for the approxi - Land Use Plan : mate 2/3 of the site with greenbelt desig- nation on the approximate westerly 1/3 of the subject site. 10. Notification : The applicant was notified in writing of the hearing date. Notice was properly published in the Record Chronicle and posted in three places on or near the site as required by City ordinance . C. PURPOSE OF REQUEST: To allow subdivision of the subject property into four (4 ) parcels with potential for the construction of three (3) additional single family residences . An existing single family residence , owned by Mr. Lobe , is located on parcel three. D. HISTORY/BACKGROUND: The subject site was; annexed to the City of Renton on April 15 , 1951 , by Ordinance No. 1743 . The applicant has indicated that the property directly adjacent to the south of proposed parcel one , which is not included in the proposed plat „ was described as a separate parcel prior to the City ' s subdivision regulations , Which were adopted in October 1971 . E. PHYSICAL BACKGROUND: 1 . Topography: The site is situated on the westerly side of Talbot Road South at a lower elevation than the surface of the street. ►\ 111 PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JULY 26 , 1977 PAGE TWO RE : SHORT PLAT APPLICATION AND WAIVER OF OFF-SITE IMPROVEMENTS APPLICATION FOR ERNEST J . LOBE The site slopes towards the west in the approximate easterly one-third section . The remaining portion of the site slopes steeply to the Valley floor and wetland below and west of Talbot Road South . 2 . Soils : Alderwood (AgC ) soils are located in the approximate easterly 2/3 of the subject site. These soils have mdderately rapid permeability in the surface layer and subsoil . Runoff is slow to medium. Hazard of erosion is moderate , and the soil is used for timber, pasture , row crops , and urban develop- ment. The approximate westerly 1/3 of the subject site contains Seattle Muck ( SK) . This is a soil with seasonal high water table at or near the surface. Available water capacity is high , and runoff ponds . The soil is not typically suitable for urban type development. 3 . Vegetation : The approximate easterly 1/3 of the site consists of pasture arid grass and scattered deciduous trees . The re- , maining portion of the site is heavily wooded slopes with some wetland area located within the approximate westerly 1/3 of the site. 4. Wildlife : Existing vegetation on the site provides suitable habitat for birds and small mammals . 5 . Water: The site contains at least one intermittent stream flowing down the hillside area , and there is also seasonal surface water located at the base of the hillside in the westerly 1/3 of the subject site . 6 . Land Use : There is an existing single family ,residence owned by, Mr . Lobe on the proposed parcel three . The remaining property is undeveloped in a pasture and woodland character. There is an existing single family residence located directly south of the subject site in parcel one . Scattered low density single family residential development exists south of the subject site . Existing Victoria Park and 'Talbot Crest single family subdivisions are located directly north of the subject site . F. NEIGHBORHOOD CHARACTERISTICS: The area consists of a combination of platted single family residence uses and low density single family residential uses , together with certain open space and undeveloped areas . G. PUBLIC SERVICES : 1 . Water and Sewer: An existing 20 inch water main is located along Talbot Road South . An existing 8 inch sewer is situated along Talbot Road South . An existing 18 inch storm ,sewer is located along Talbot Road South . 2 . Fire Protection : Provided by the Renton Fire 'Department as' per ordinance . 3. Transit: Metro Transit Route 156 operates along the Valley Free- way , approximately 1/4 mile west of the subject site . 4. Schools : The site is within the Renton School District in close proximity to Talbot Hill Elementary School and Nelson Middle School . 5 . Parks : The subject site is approximately 1/4 mile south of the existing Talbot Hill Park . 111 I I 1 11/ • PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JULY 26 , 1977 PAGE THREE RE : SHORT, PLAT APPLICATION AND WAIVER OF OFF-SITE IMPROVEMENTS APPLICATION FOR ERNEST J . LOBE H. APPLICABLE SECTIONS OF THE ZONING CODE: • 1 . 4-706, R- 1 , Residence Single Family. 2 . 4-729 , G, General Classification District. jl I . APPLICATION SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENTS : 1 . Subdivision Regulations , Section 9-1105 , Plat Requiremehts for Short Subdivisions . 2 . Land Use Report, 1965 , page 11 , Residential . 3. Policy Statement, Comprehensive Plan , Renton Urban Area , 1965 , page 4 , The Neighborhood. 4. Green River Valley Comprehensive Plan , the City of Renton , June 1976 , Figure 2 . J. IMPACTS ON NATURAL SYSTEMS : • The addition of three single family residences to the proposed large tracts will not seriously affect the natural systems , providOd proper development standards are maintained and sensitive areas preserved . K. SOCIAL IMPACTS: Minimal . L. ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION: . Pursuant to the City of Renton Environmental Ordinance and the State Environmental Policy Act of 1971 , as amended, RCW 43 . 21C , the subject proposal is exempt from the threshold determination and EIS require- ments of SEPA. M. ADDITIONAL INFORMATION: A vicinity mal and site map are attached. N. AGENCIES/DEPARTMENTS CONTACTED: 1. City of Renton Building Division 2 . City of Renton Engineering Division 3. City of Renton Utilities Division 4. City of Renton Fire Department Copies of certain department memos are attached. 0, PLANNING DEPARTMENT ANALYSIS: 1 . The site is designated on the Comprehensive Plan map for single family residential land use , with greenbelt designation on approximately the west one-third . The proposed plat is consistent with these designations due to the large lots which are proposed , and the resultant low development density. 2 . The four lots as proposed exceed the minimum lot size (9600 sq . ft . ) of the G-9600 zoning district. Parcel 1 = 41 ,000 sq . ft. ; Parcel 2 = 41 ,000 sq . ft. ; Parcel 3 = 51 ,000 sq . ft. ; and Parcel 4 = 680000 sq . ft. Although the entire site is zoned G-9600 , the large lots proposed are also consistent with the standard green- belt zoning of G (35 , 000 sq . ft. in lot size ) . N S PLANNING DEPARTMENT PRELIMINARY REPORT TO .HEARING EXAMINER • PUBLIC HEARING OF JULY 26 , 1977 • PAGE FOUR RE : SHORT PLAT APPLICATION AND WAIVER OF OFF-SITE IMPROVEMENTS APPLICATION FOR ERNEST J . LOBE 3 : All of the proposed lots are greater than the lot length require- , ment as stipulated in Section 9- 1108, 23 ( F) ( 311) (a ) ( lot length no greater than 2' times the width ) . However!, because of the steep topography over most of the property and the extreme depth of the property , this requirement cannot be met . This requirement is generally intended to control lot widths', shapes , " and lot orientation . in plat design . 4 . Also, because of the topography , there exists little potential for future platting and development of the property. However , no further platting can occur within five years unless it is part of a Final Plat of a major subdivision a's per state law. 5 . There is much existing significant trees and vegetation on the site , especially on the hillside area . This should be pre- served as much as possible . 6 . There are no,.existing off-site improvements (curb , gutter, and sidewalk ) along Talbot Road South in this vicinity ( i . e. , Talbotr.:Crest and Victoria Park subdivisions ) . 7 . Suitable utilities exist along Talbot Road South to serve the subject site. However, ' sewer will regiire pumping because of the lower elevation of the subject site . 8. The property south of Parcel One is not included in the subject plat , having been sold as a separate parcel , prior to the estab- lishment in October 1971 of the City' s short plat regulations . P. PLANNING DEPARTMENT RECOMMENDATIONS: Recommend approval of the short plat subject to : 1 . Retention of as much of the significant. trees 'and vegetation on the subject site as possible . No significant trees shall be removed without the approval of the Planning' Department. • 2 . Although the proposed lot lengths• do not meet the ordinance requirements in terms of the ratio to lot width , the unusual • situation of the steep hilllside and greenbelt area deters the use of streets or any other normal lot configuration for the subject short plat. The Planning Department further recommends the denial of the waiver of off-site improvements (curb , gutter, and sidewalk ) and recommends that an indefinite deferral of these improvement's 'be granted estab- lishing restrictive covenants running with the land in which the owners . or their successors agree to participate in any future LID ' or City initiated action for such improvements . 1 . • bi • 11 X• ' I 1111- INTEROFFICE CORRESPONDENCE Date July 19, 1977 TO: Mike Smith FROM: Don Monaghan SUBJECT: Short Plat for Ernest Lobe In -response to- your-memo-of- July-13, Y977 a review of the short plat and associated actionshas been completed and the following are my comments: Plat: 1 . Locate house on Parcel 3 to be sure it is not on a lot line. 2. Set all -prop-corners. -- — 3. Area- of each lot. Waiver of Off-Site Improvement: It is agreeable to waive off-site improvements provided an agreement was reached which was a covenant on the land whereby the property owner would not oppose an LID or would install improvements when directed to do so by the Director of Public Works. • 7:3 DM:pmp INTEROFFICE CORRESPONDENCE Date July 19, 1977 TO: Planning FROM: Utilities Engineering SUBJECT: Lobe Short Plat • - 1 . Water: require 8" maim-from the 6" main located in-Talbot Crest Dr. across the full frontage of the plat, with a 5" MVO hydrant at the southern terminus. System Dev. Charge . 01 per sq. ft. 2.._ Sewer: Required individual pump units @ each house w/gravity side sewer to main. Required systems development charge - peer .sq. ft-. - -_ I c . \\ o . i . .1 , ,, 17 6.11 0.31 . :57.17 '4°1'6' ,Ad.P.* '4%It. ' --- p ----:- _ i \ 1 4 ` +,1' .4• . - . : ' Z\\\\,\ -° 9 G-9 ®® 4 t ; ' 4 II i . ? o ;: \\\ ,2 � -9 'fie 1 S� ,�s;. ,p`"„ _ , I VI:\ ' - "S - Rt-ci'' " a'17'1\;*'''); "\ SR— I : reill I \ , ,. �;'., ' mil` 1 1 l ' 7K v c`-- e rr • T4 J 4 b , 1 • -_ . I- Ill 1 I I 3lf0. rS :7 la.� 1 t ;I ! ;.s. \ s, ', � 4f01_e�41 1 I — -- . I .- - 1 . 1 . \\ - I \:\ ' 1 ---- -- --I I I a I • f" i— _ � + i —L _ - — -- r I • IW' ;•. -- SR II • 1 .i 1Q' �� I ! 11 i I l i-•�II_._- - ; l.__._.-. ..__ _ - - r. j 11 � i •---- e .g {�-��� .J I l I n. 44 4,.4, 4 'do 99 De G.9 001 1 iy :}r _ + S 0 ;/4 Z IJ I,. f.,4 i ' - !� _ �.i^� / SHORT PLAT - WAIVER OF OFF-SITE IMPROVEMENTS:. • s ERNEST J . LOBE , Files No . 054-77 and W-055-77 ; property located ' 1 in the vicinity of 2709 Talbot Road South . i APPLICANT ERNEST J . LOBE TOTAL AREA ±3 . 7 acre i PRINCIPAL ACCESS Talbot Road South EXISTING ZONING G-9600 - • 1 1 EXISTING USE Undeveloped/Single Family Residential i PROPOSED USE Single Family , i COMPREHENSIVE LAND USE PLAN_ Single Family I I . I i COMMENTS I 1, . thi liglirC''':3 a \ 'V I - - \ ', 1 , \ _ 1 ‘A 1 it .A.V.Zalti:P"42.irilq:1: \ \ At 4 • * ka Ca Ei poweit , „, Ap4b " "17 ".4 G .6C) * i . 31 W4 0 1 ‘,•• i , le, , , — 5,• 24 II* sr. 4 ' -; ,. 4 , .,,,,..„, . , ,,, • sn, „ ,,,„,,,., IP .,, _ ...,..t . , , ,•:„ . „..,,, , ...,.., .„.....,, 1 q• . t 1 , IMA1604Megle4' 7) vot4opp.464r co. A ' 1 o , 44 4' t 0° At ,,„ 6 I Ar, „ , , 1, ,, • ,0,tift.:, ' t 414 11e• .. 4 4, 0 ,i4 .rii A.!. Ar.' a '„, •,.. /1 41 -,.."" a , g ' ''1 I I r e ,. /A. 4 '' *1.4 40 '' + ''$ , ° 'f'..qr f e lc if k' 1; 1 it To 4' 0. • 1 t tf, t41 i 1 4 d 1 It r , ,,...., .. .,AM 4- ,$'04.14 A` ''.. I. 40' :'''l • , •-•••-.....”, ql tt I 1 %'°1Zi 3 e ALO Iif" ZOO .,$usiger or600 , t,p344e*7 J. toise. 00gr ?a,r,Ro. 054- 17 •• • WANX#E. 1VO. VI-05C-71 I --11 1 OV v, 4) PUBLIC WORKS DEPARTMENT C.) 2 BUILDING DIVISION 235-2540 0 •• ••• - MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 0 45 "u SEP1 . July 13, 1977 CHARLES J. DELAURENTI MAYOR TO: ,Planning Department • FROM: Jim Hanson SUBJECT: Ernest Lobe Short Plat Existing houses and setbacks to new property line should be shown. JCH/ch \I; • • • e L • • MEMORANDUM TO ` MIKE SMITH 1 DATE 7-20-77 FROM FIRE DEPARTMENT • SUBJECT SHORT PLAT FOR ERNEST LOBE • AN APPROVED WATER SUPPLY CAPABLE OF SUPPLYING REQUIRED FIRE FLOW FOR FIRE PROTECTION, SHALL BE PROVIDED TO ALL PREMISES UPON WHICH BUILDINGS OR PORTION OF BUILDINGS ARE HEREAFTER CONSTRUCTED. THIS INCLUDES ACCESS FOR EMERGENCY EQUIPMENT. IT IS AGREEABLE TO WAVE OFF SITE IMPROVEMENTS AT THIS TIME PROVIDED AN AGREEMENT IS REACHED TO HAVE SUCH IMPROVEMENTS PROVIDED PREVIOUS TO ANY CONSTRUCTION. S I N C !��� �/ E.V. OOTON JR. ' - FIRE INSPECTOR EVW/DA • , C f- 4., /,?77 ... ,- , " • e bk-1A-.--.',:-/--t• A--C ).•,,,-L,...--e 1.e.„-1 t:- • , / -f.....4A . ,-: ti"--4. 7, . ' i a-'1A---6-/. -4 • ZZ4 z,.itkd ad , 6k,---e- ii ,._, (7:,/2 -..,(ja.) .2,4;1- ) . ,Z,ke_.4._e_.) . . . , .. •,..t)) e..-&C -A---itro_.,,' ---(f---&-) --c-,---0 --- .. . • . ---t39ut_2 0tL1,-;) _i_11----Li ayu_dL;lek-ech_) ) z:-L1 t-Z.) • q t /.c,-(L) . t' -t-A(-- --- LA - v,..__,,L), /,' ,L.... L,....,./.L._ ,_....,) --/L, .--(--•v.) -Q--J1:-.-- Lo till C_,.-j• L61-2"17 •"' a--- - RECEIVED CITY OF RENTON EXH N I LIT O. 4 _....._,..„, HEARING EXAMINER - ' JUL, 2 3 1'377 NO. x -R- "--/-- 77 AM PM 718t900111o12iii2131415,6 it . N 4 1 / .. 4 OL.L-k.- ---% ✓Lf l i ; c_6,_, L,. ✓Zd LFJ -�f�:L_(.) .a le i__ G`�z) r. .---4) L-1V-(//k--)-----e.A.A--'a-e.2)1 --4--C.) .-/ ----A---'(_.-', li)- ; j----1-'(---) . l � .,fit --, -�-�it-' .-CivL� .' '-/ ) lI f k__ _...„_,L,„_>;7. Xlitei--c. . .2t , ' C--C- 6C.4 (:-)f REefr, ,/,',' fah JUL 8 1977 P,9 ��4✓ +�iNGGE1�� 111 DECLARATION OF RESTRICTIVE COVENANTS WHEREAS , � r_�•_�!-_���-�J lam. � � C-1;'�- .> c / U c� c(, • are the owners of the following real property in the City Of Renton , County of King , State of Washington , descCjbed as Exhibit ' A ' attached hereto . WHEREAS , the owner ( s ) of said described property desire to impose the following restrictive covenants running with the land as to use , present .an•d future , of the above described real property . NOW , THEREFORE , the aforesaid owner( s ) hereby establish , grant and impose restrictions and covenants running with the land hereinabove described with respect to the use by tte undersigned , their successors , heirs , and assigns as follows : • INSTALLATION OF OFF-SITE IMPROVEMENTS The owner( s ) of the above described property , their suc- cessors , heirs and assigns , hereby agree and covenant to participate in , sign a petition in support of , and - accept any future Local Improvement District ( LID) or city initia- ted proposal , and pay their fair share therefore , for the purposes of providing the necessary off-site improvements required by the Renton Subdivision Ordinance . Said irpprove- me'nts shall include but may not be limited to the installa- tion of curbs , gutters , sidewalks , street paving , sanitary sewers , storm sewers , undergrounding of utilities , and s t"reet lighting . These covenants are imposed in lieu of Section 9- 1105 ( 6 ) of Title IX of Ordinance #1628 of the City 'of Rentoh . RECEIVED CITY OF RENT ON HEARING EkAMINER • EXHIBIT NO. �� J 2 6 1977 -AM 1 P�yy r� �qq PM 71819110111112111213, 415,6 ITEM NO. 4, Pam• 6*5--1 " 71 ! 4/,o�5=7% • DURATION These covenants shall run with the land and expire on December 31 , 2025 . If at any .time improvements are installed pursuant to these covenants , the portion of the covenants pertaining to the specific installed improve- ments as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation . Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach . 77L/7/ • . STATE OF WASHINGTON ) COUNTY On KING ) On this 0 day of _ __ , 1 77 , before me personally appeared aSa/i6, i`- -.&,k yr,c"i>f'.s 0. ,-6. e the peirsbn ( s) who executed the within and foregoing instrument , and acknowledged said instrument to be the free and voluntary act and deed olf said persons ) for the uses and purposes therein mentioned . IN WITNESS WHEREOF , I have hereunto set my hand and affixed . my official seal the day and year first above written . • Notary Public in and for the ,S,tate of Washington , residing at rC .,�..,_';.-l. . a 1 CITY OF RENTON SHORT PLAT PLAT APPLICATION FILE NO. 1/1 - G•'S' .7 MAJOR PLAT = G D DATE REC' D. TENTATIVE /f\ P CFI Il b )(% APPLICATION FEE $ PRELIMINARY (`)� V�D ENVIRONMENTAL REVIEW FEE .$ FINAL JUL €3 I977 RECEIPT NO. f -15 �� SM NO . '& PUD NO . �NG DEp O PPLICANT TO COMPLETE ITEMS 1 THROUGH 7 : . Plat Name & Location /-L; e ! fjt- AT- • . No. Lots _ Total Acreage 4Ah„>1 Y Zoning * — c13r,0+ � r . Owner 1 -0"c 7 .1 9-- n Phone ,,2,5 S= 774 Address �� C '► /��� S /C e_�, / n y, �/l� 9�0� . Underground Utilities : Yes No Not Installed Telephone ( ' ) ( ) ( ) Electric ( ) ( ) ( ) Street Lights ( V ) ( ) ( ) Natural Gas ( V ) ( ) ( ) TV Cable ( ) ( V') ( ) . Sanitation & Water: • ( ✓ ) City Water ( I) Sanitary Sewers ( ) Water District No . ( ) Dry Sewers ( ) Septic Tanks . Vicinity and plat maps as required by Subdivision Ordinance. . DATE REFERRED TO: ENGINEERING PARKS BUILDING HEALTH TRAFFIC ENG. STATE HIGHWAY FIRE COUNTY PLANNING BD. PUBLIC WORKS OTHER • STAFF ACTION: TENTATIVE PLAT APPROVED DENIED APPEALED EXPIRED t . LAND USE HEARING EXAMINER ' S ACTION: SHORT PLAT APPROVED DENIED PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED CITY COUNCIL ACTION: PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED ? . DEFERRED IMPROVEMENTS : DATE DATE BOND NO. AND TYPE GRANTED EXPIRES AMOUNT • Planning Dept . A�v_ .:1 /77 : MO • • AFFIDAVIT • • I , , being duly sworn, declare that I • c7 am the owner of the pr perty in ved in this application and that the foregoing statements a d answers herein contained and the information • herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me this -- day of ,2 , 19 77 , Notary Public in and for the State of . Washington, residing at • (Name of Notary Public) (Si n ture of Ow er) (Address) (Address) f h ` f (City (State ass=y7‘, (Telephone) • • (FOR OFFICE USE ONLY) CERTIFICATION • This is to certi , tiJ �;5 egoing application has been inspected by me and has been fo t 0D h and complete in every particular and to conform to the 41es and regu a 'ons of the Renton Planning Department governing the i1inlLof$sl ap ication . ots - • Date Received N , 19 By : 11% DEpP� P en n*n n D 7 a n n 4 n rr 1110 DECLARATION OF RESTRICTIVE COVENANTS WHEREAS , ( j(.--ca ,c, 9 � are the owners of the following real property in the City of Renton , County of King , State of Washington , described as Exhibit ' A ' attached hereto . WHEREAS , the owner ( s ) of said described property desire to impose the following restrictive covenants running with the land as to use , present and future , of the above described real property . NOW , THEREFORE , the aforesaid owner( s ) hereby establish , grant and impose restrictions and covenants running with the land hereinabove described with respect to the use by the undersigned , • their successors , heirs , and assigns as follows : INSTALLATION OF OFF-SITE IMPROVEMENTS The owner( s ) of the above described property , their suc- cessors , heirs and assigns , hereby- agree and covenant to participate in , sign a petition in support of , and accept any future Local Improvement District ( LID) or city initia- ted proposal , and pay their fair share therefore , for the purposes of providing the necessary off-site improvements required by the Renton Subdivision Ordinance . Said improve- ments shall include but may not be limited to the installa- tion of curbs , gutters , sidewalks , street paving , sanitary sewers , storm sewers , undergrounding of utilities , and street lighting . These covenants are imposed in lieu of Section 9- 1105 ( 6 ) of Title IX of Ordinance #1628 of the City of Renton . IIP DURATION These covenants shall run with the land and expire on December 31 , 2025 . . If at any time improvements are installed pursuant to these covenants , the portion of the covenants _pertaining to the specific installed improve- ments as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation . Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach . • STATE OF WASHINGTON ) COUNTY OF KING ' ) On this � day of , 1977 , before me personally appeared 4 sa/i. , �"%62s7\/- /OJe , the person (s ) who executed the within and foregoing instrument , and acknowledged said instrument to be the free and voluntary act and deed of said persons ) for the uses and purposes therein mentioned . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal the day and year first above written . Notary Public in and for the ate of Washington , residing at e-x._Zf;,,y, . III NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS , CITY HALL , RENTON , WASHINGTON , ON JULY 26 , 1977 , AT 9 : 00 A. M. TO CONSIDER THE FOLLOWING PETITIONS : 1 . DEVELOPMENT COORDINATORS , INC. , TIFFANY PARK DIVISION NO. 3 ; PRELIMINARY PLAT APPROVAL FOR 125 LOT SINGLE FAMILY RESIDENCE SUBDIVISION ; file No . PP-059-77 ; property located 1/2 mile east of east end of Puget Dr..'�S . E . , just north of Seattle ' s Cedar River Pipeline right-of-way . 2 . CLYDE W . DOWNING/BRUNO J . NICOLI , APPLICATION FOR FOUR LOT SHORT PLAT APPROVAL ; APPLICATION FOR EXCEPTION TO SUBDIVISION ORDINANCE ; AND APPLICATION FOR WAIVER OF OFF-SITE IMPROVEMENTS ; Files No . 056-77 , E-057-77 , and W-058-77 ; property located approximately 77 feet south of No . 40th St . between Park Ave. No . and Meadow Ave. No . 3. ERNEST J . LOBE , APPLICATION FOR FOUR LOT SHORT PLAT APPROVAL AND APPLICATION FOR WAIVER OF OFF-SITE IMPROVEMENTS ; Files No . 054-77 and W-055-77 ; property located in the vicinity of 2709 Talbot Rd . So . Legal descriptions of applications noted above on file in the Renton Planning Department. R" • ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON JULY 26 , 1977 AT 9 : 00 A . M. TO EXPRESS THEIR OPINIONS . GORDON Y . ERICKSEN PUBLISHED July 15 , 1977 RENTON PLANNING DIRECTOR CERTIFICATION MICHAEL L. SMITH , HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW . ATTEST : Subscribed and sworn ") to before me, a Notary Public , on the /,3eK day of ::2-u�r � -� 19 77 . SIGNED i 1 P INTERDEPARTMENTAL REVIEW REQUEST i TO : PUBLIC WORKS DIRECTOR ,iar BUILDING DIVISION t!r ENGINEERING DIVISION V TRAFFIC ENGINEERING DIVISION 1Vi..;; UTILITIES DIVISION L -%✓/ l;, , FIRE DEPARTMENT HEALTH DEPARTMENT FROM : PLANNING DEPARTMENT A6.(2,e ( Sim.144, Contact Person R E : e- f L.�-t--- kvuk 1N)Please review review the attached information regarding the subject proposal and return it to the Planning Department by • -7 7 ' with your written recommendat on . Your response will be included as part of the staff report to the Hearing Examiner . Thank you , PLANNING DEPARTMENT 4,t4/ • r A Date JUL 1977 = � RECEIVED �_= RE JN FIRE 11111 MEMORANDUM TO MIKE SMITH DATE 7-20-77 FROM FIRE DEPARTMENT SUBJECT SHORT PLAT FOR ERNEST LOBE AN APPROVED WATER SUPPLY CAPABLE OF SUPPLYING REQUIRED FIRE FLOW FOR FIRE PROTECTION, SHALL BE PROVIDED TO ALL PREMISES UPON WHICH BUILDINGS OR PORTION OF BUILDINGS ARE HEREAFTER CONSTRUCTED. THIS INCLUDES ACCESS FOR EMERGENCY EQUIPMENT. IT IS AGREEABLE TO WAVE OFF SITE IMPROVEMENTS AT THIS TIME PROVIDED AN AGREEMENT IS REACHED, TO- HAVE SUCH IMPROVEMENTS PROVIDED PREVIOUS TO ANY CONSTRUCTION. SINCEREL�Y� / E.V.WOOTON JR. FIRE INSPECTOR • EVW/DA • OF c► ---- � PUBLIC WORKS DEPARTMENT U ‘tqi 4 •\ Z - .--' BUILDING DIVISION 235 -2540 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 041) SEp�E July 13, 1977 CHARLES J. DELAURENTI MAYOR TO: Planning Department • FROM: Jim Hanson SUBJECT: Ernest Lobe Short Plat Existing houses and setbacks to new property line should be shown. JCH/ch • ,j �. 111 INTEROFFICE CORRESPONDENCE Date July 19, 1977 TO: Mike Smith FROM: Don Monaghan SUBJECT: Short Plat for Ernest Lobe In response to your memo of July 13, 1977 a review of the short plat and associated actions has been completed and the following are my comments: Plat: 1 . Locate house on Parcel 3 to be sure it is not on a lot line. 2. Set all prop corners. 3. Area of each lot. Waiver of Off-Site Improvement: It is agreeable to waive off-site improvements provided an agreement was reached which was a covenant on the land whereby the property owner would not oppose an LID or would install improvements when directed to do so by the Director of Public Works. "23 DM:pmp 11101 INTEROFFICE CORRESPONDENCE Date July 19, 1977 TO: Planning FROM: Utilities Engineering SUBJECT: Lobe Short Plat 1 . Water: require 8" main from the 6" main located in Talbot Crest Dr. across the full frontage of the plat, with a 5" MVO hydrant at the southern terminus. System Dev. Charge . 01 per sq. ft. 2. Sewer: Required individual pump units @ each house w/gravity side sewer to main. - Required systems development charge - .01c per sq. ft. � u ' Eft �(-) 1 II - q,' A� ENDING• OF FILE FILE Cia/ O54T77