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HomeMy WebLinkAboutLUA-06-135_Report 1January 8, 2007 ADMINISTRATIVE REPORT Renton City Council Minutes Page 5 who reported on the progress of the Black River restoration projects. She noted that project funding included grants from King County matched by the City of Renton with King Conservation District funds. The projects include: Black River Channel native plant restoration, Black River buffer planting, Black River Riparian Forest wildlife monitoring, free class and group presentations, free school and group field trips through the forest, booths at open houses and events, and participation in the King County Clean Stream Car Wash Program. Ms. Yepez described the tasks accomplished during the two phases of the Black River Channel Native Plant Restoration Project, which took place on the downstream and upstream sides of the Black River Pump Station in the vicinity of Monster Rd. SW. She praised the efforts of all the volunteers who assisted with the restoration project, and listed BRW A's plans for the future: continue restoration work and monitoring of wildlife at the Black River, continue participation in the Clean Stream Program, continue classroom education and community outreach, and expand the school field trip program. Chief Administrative Officer Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: * Missoula Children's Theatre is bringing Rumplestiltskin to Carco Theatre. Rehearsals will be January 9 through 12, with performances on January 13. * The City will host a workshop on January 17 for those interested in learning more about the 2007 Neighborhood Grant Program. * An informational workshop and community open house on the Renton Airport Master Plan Update is scheduled for January 16. Fire: Wind Storm (12/14/2006) Fire Chief Daniels reported on the City's response to the wind storm that occurred on 121 I 4/2006, which produced wind gusts of 60 mph and sustained winds of 40 mph. I le stated that approximately 265 calls for service were received on December 14 and 15, which is five times more than normal. Chief Daniels reported that the Emergency Operations Center was activated at 6 p.m. on December 14. He further reported that the City sustained damage in the estimated amount of $240,000, and one fatality occurred due to carbon monoxide poisoning (as a result of the related power outage). AUDIENCE COMMENT Citizen Comment: Petersen - Colee Fence Height Variance (,I,.-( "?..l_\ \..l•:'. Vl? ' Chief Daniels staled that the shelter at the Highlands Neighborhood Center opened on December 16 and remained in place for eight days. He noted that the shelter operation was handled primary by the City, and at its peak, the shelter accommodated 74 people. Pointing out that a review will be conducted of the City's response to the storm, he emphasized that the City did a good job. Councilmemher Palmer commended City stall's handling of the wind storm response. Inez Petersen, PO Box 1295, Renton, 98057, expressed concern on behalf of Jeff Colee (330 Park Ave. N.), who must remove an over-height fence he erected to keep cats out of his backyard so his wheelchair does not come into contact their feces. Stating that Mr. Colee's unique situation distinguishes him from others, she pointed out that the ADA (Americans with Disabilities Act) requires cities to modify their zoning to accommodate the disabled. Responding to Councilmember Clawson's comment regarding the appeal process, Ms. Petersen indicated that the variance appeal period has expired as well as the ADA grievance time window. Mayor Keolker indicated that the matter will be reviewed. From: To: Date: Subject: Inez Somerville Petersen <webgirl@seanet.com> Citizens to Council <Council@ci.renton.wa.us> 1/8/2007 5:08:00 PM Letter from Jeff Colee Attached is a letter Jeff Colee has asked me to deliver to the Council tonight at the meeting. CC: Terry Persson <tpersson@comcast.net> ··~Clm~ !-Y-t?7 .7, /Je /t'ISe'/1 Date: To: From: Request: Ref: Background Jan 08, 2007 City Council by way of Inez Petersen Jeff Colee Request for Zoning Change (not a Variance) to RMC 4-4-040D1(b) LUA06-135, Colee Fence Height Variation (copy attached) Page I ofl7 Prior to May 2006, I had been contacted by the Renton Zoning Department regarding zoning non compliance regarding my 8-foot cyclone side fence. I was told that I had to remove this fence and replace it with a 6-foot fence as required by Code. This was then followed by a written "Order to Correct" dated May 02, 2006, which required me to remove my fence by June 02, 2006. I immediately sent a handwritten response dated May 04, 2006, which was ignored, and the "harassment" over my fence continued ( copies of the Order and my response are attached). On May 22, 2006, you will remember that I came before the Council to describe the unhealthy situation where neighborhood cats came into my yard and used it for a litter box. Because I am in a wheelchair, this then got on my wheels, then on my hands, and then on my person. • I could not afford to tear down and replace the fence which has been in place for three (3) years and which is the same height as the Sartori School fence. I might point out that the Zoning Department appears not to have a problem with the school's fence, just mine. • I also could not afford the $100 required to ASK for a Variance, hence, I came to the City Council meeting on May 22, 2006. You were very sympathetic to my situation, and this is the record from the City Council minutes for that evening where Council President Randy Corman made a Motion to refer my special situation to the ADMINISTRATION. This Motion was seconded by Councilmember Denis Law and approved by a majority of the Councilmembers. Citizen Comment: Cokt~ - V.triam.-e !'.·ct.· Waiv1..~r Rc•~w.',I. Fence lfcigb1 Jeff Cnlt';C. DO Par!-. /\ vc. N .. RcnhHi., 9~0.55, a...;M!tl rnr .1 w:rh,a of thi: S JOO h:w Ltt apply for n variMo;;c fnr hi<.. cight.fc,oJ~high k1H.'c 1ha1 M::p:u,nc'> hic. ho11.'>C! fwmhicS-M-ighbc,r·~ hou~. Pointing uul lh.:tt hi'i m·ig_ht:K1r ftX~d:,,, li:rnl ,~11~. ~tr. Coke explained that he ~rct:l~d till' fence h.1 prl'\"Cfll lh..: feral -.·ab frmn u::.ing. l,1_, propefl) a" a lillc-r l:x.n .. , ;.i:-, lli:-. whc~h.:hair ~·,_irnt..''> m dir..:-c! nmttct with lhc wa~r .. :. lk irufo.:at.::J that olticr..:ight-foot-high h.:w.:1..':. i:xi:..L i11 hi!, ncigbboihuod. and he hw, hc..:.n ,,-.,.·nrkJnt 1Ai1h :1nitnal c.:nntrnl 1,i rcg.ift.h to thL'. c1.1t',. Mr. Coke repnrtcd that bl' ha:-rccdvcd :m unkr to correct from thi: City. and n:-,qucsh a variancr foe w:1iver a~ tic is low•incom~ anti L'llnno1 afford Lhc fl'"c-. MOVED BY CORM,\,. Sl:CONDED BY LAW. COUNCIi. RFFER nns MAnER TO THE ADMl)ilSTKATlON. CAKRIED. Page 2 of 17 On June 20, 2006, Gregg Zimmerman wrote a letter advising me that the Planning & Development Committee would consider my fence height variance and waiver at their meeting on July 20, 2006. Members of the ADMINISTRATION who received copies included Mayor Koelker, Jay Covington, Neil Watts, Jennifer Henning, and Paul Baker. Unbeknownst to me at the time, three days before the Planning & Development Committee meeting, Gregg Zimmerman issued a MEMORANDUM dated July 17, 2006, recommending denial of my Variance request. Mayor Koelker was a recipient, along with Jay Covington and Planning & Development Committee members, including Terri Briere and Dan Clawson. A copy of this MEMORANDUM is attached; and it is evident that denial of my variance request was a "done deal" by July 17, 2006. With only one month left to go in the six-month time window allowed to file a grievance under the ADA, I received a letter from the City Clerk dated Oct 10, 2006, advising me that the $100 fee had been waived. Since I didn't know about Gregg Zimmerman's recommendation of July 17, 2006, I was still hopeful that common sense and compassion would rule amongst Mayor Koelker and her staff and that my Variance would be granted. Consequently, I did not file a grievance. Decision of Mayor Koelker's staff The next month on Nov 16, 2006, after six-month ADA grievance time window had expired, the ADMINISTRATION officially denied my request for a Variance via LUA06- 135. A copy of this LUA is attached. Here is an important excerpt: Page 3 of 5: "Granting of the variance could be injurious to the property in the vicinity. The City of Renton development regulations that limit fence height do so in order to create a uniform standard, allow for a measure of visual contact, and avoid unsightly barricading off of properties. While allowing this one particular fence to exceed the height restriction may not be detrimental to the pubic welfare, it would set a precedence that could lead to higher fences in the area, resulting in the injurious conditions the fence regulations are meant to inhibit. .. Granting the variance, as explained above, would allow the applicant to do what is not allowed of other neighbors in the vicinity and zone in which the subject property is located." Page 4 of 5: "Staff does not believe that an eight-foot high fence will accomplish the desired purpose ... " My comments on this: None of these slalements made by Mayor Koelker's staff justify my getting animal feces on rne and the health problem that this creates. My disability is what separates me from my neighbors, and this is why reasonable accommodation in Zoning is required. I should be allowed by Law to do what other neighbors in the vicinity are not allowed to do, because they are not wheel-chair bound and I am. If they get cat feces on their shoes, they can easily wipe their shoes off. Page 3 ofl7 But when I get cat feces on my wheels, it then gets on my hands and on my person. And I must clean my wheel chair which isn't a fun job either. My 8-foot fence had been solving the problem just fine for three years, so why not now? And an 8-foot fence around the entire yard would solve the problem even better. I doubt that the neighborhood would rise up en mass to request 8-foot fences because I have one. Only those who are wheel-chair bound would have a justification for a higher fence. But Mayor Koelker's ADMINISTRATION said NO. And not only did Mayor Koelker's staff say NO, the City Attorney Larry Warren passed the buck from them to the Council, absolving the mayor and her staff from any responsibility to accommodate my special situation. City Attorney's Comments On Nov 22, 2006, I asked Inez Petersen to let the Council know what the Mayor Koelker's Staff had done to me. This is an excerpt from the City Council Minutes for that evening: Continuing. Ms. Petersen inquired as to how Highlands Community Association events such as the upcoming Christmas dance can be City- sponsored. On another topic. Ms. Petersen stated that City staff did not grant Jeff Colee a fence height variance. and he must remove the fence he erected to keep cats out of his backyard. Noting that Mr. Colee is wheelchair-bound, she pointed out that the ADA (Americans with Disabilities Act) requires cities to modify their zoning to accommodate the disabled. Stating that he read the staff decision. City Attorney Larry Warren explained that staff has criteria on when a variance may be granted that has been established by the Council. He indicated that the fence did not meet the standards as established by City Code, and that the original reason for Mr. Colee to build the over-height fence no longer exists. as the adjacent neighbor who was responsible for the cat problem has now moved. My comments: The City Attorney put responsibility for my inability to get a Variance on the Council, not the mayor's staff. He said the staff was just following guidelines set by the Council. He also indicated that a neighbor moved. One neighbor moving away does not eliminate the cat feces problem Why do cats pose a unique problem? And why do cats pose a unique problem for me? Because they bury their feces, making it impossible for me to see so I can avoid rolling over it in my wheelchair. Page 4 of 17 Proven prevention is an 8-foot fence, and I know because an 8-foot fence has worked well for three years. The ADMINISTRATION denied what I believe the ADA Law REQUIRES; and that brings us to Mon. Jan 08. 2007. Request for a Zoning Code Change I believe that on May 22, 2006, I should have requested an actual change to the Law, not an individual Variance. I wish to plead my case again before the Council and, hence, I have asked Inez Petersen to read this letter to you. ADA requires reasonable accommodation I believe that the Americans with Disabilities Act (ADA) requires the City of Renton to make reasonable accommodation in its Zoning for the unique situations applicable to the disabled. And I certainly have described a situation unique to the wheel-chair bound disabled. Title II of the ADA requires public entities to make reasonable modifications to their policies, practices, and procedures, including zoning policies, practices, and procedures, when such modifications are necessary to ensure that individuals with disabilities are not subjected to discrimination because of their disabilities. My answer: Forcing me to deal with cat foces on my person and the health situation this causes when a higher fence could easily eliminate this situation is discriminatory in my view. • I'm asking the Council to dirnct the .ADMINISTRATION to revise the RMC so that wheel-chair bound citizens rn;ri: have 8-foot fences. • And where safety is a concern. tha'. the fence be designated as a see- through cyclone fence. This is a reasonable accommodation which will eliminate the health problem the cat feces creates for people in wheel chairs like me. And see-through cyclone fences would pose no safety hazard to those pulling out of driveways or turning corners. As I indicated previously, the NON wheel-chair bound can easily wipe their shoes if they step on cat feces; I can't. And the NON wheel-chair bound can bend down and pick up feces too, which I cannot do. • Reasonable accommodation is all I ask, • A right to wheel around my property in a healthy environment is all I ask, • A wheel chair free of cat feces is all I ask, • A little compassion is all I ask, • I thank the Council ahead of time because I know you will find a way to help me, when the ADMINISTRATION would not. Page 5 ofl7 I thank Inez Petersen for bringing my letter to the Council tonight. And I also thank Terry Persson, President of the Highlands Community Association, for offering to help me with my fence should the ADMINISTRATION force me to take it down. And just as post note, Terry Persson had asked Gregg Zimmerman for the back-up documentation as to how the ADMINISTRATION came to the conclusion that I was not eligible for any special zoning consideration, and Mr. Zimmerman said he wasn't sure whether such information was considered Public Information or not. It may be that the Staff needs training regarding the ADA and the State's Open Public Records Law. Sincerely, Jeff Colee 330 Park Ave N Renton, WA 98055 277-9009 Page 6 of!? C CITY OF RENTON ,<,:Y r '"[!~ ..... ~~./,:., ~ Pfonning/Building/PublicWorks Dcp,1rtmt:11L A-:,.:..... Kathy Kcoll;,:r, Jo.foyor Gr'1W. Z.immlt"rm1111 I'S., Adrn.inistnriun· "'f, -,(\,'';,• '--~-----------------------, .'\"l ORDER TO CORRECT 3Jll f'.\RI>: AVE~ COI.EI·: JLFFR..lY J cou:~: .JEt''l-'RK't' J :~J(J l'ARK AYE N 1.:.1,::-.: ro-..: WA 98055 Ser•<KC Rnpu:~1 :\(1. ~ROf1..fl4i0 V1ot.11fo11 !11,;[~x ~,_.,_ CU6..Ul65 ·\:1 ·,+"tb; :i:w•··· ;)r('"I"''' 1e\,~;1[?ct 1·1,·.: 1·, · ,·-1 •'· .,'<' ,1l· R.:n1,,n \1;m1,i11;d Cmlc JJLd Ordu,~nz·,·:, \1s1cd ln:.i(,v. Conip°li.a111:c or <:orre,ctive actioff mtL~l be co'iripkicd hy !lf1.!fl'.!:2(1CJf1 ij \-·oluntary comph.tiict: ti-notac.hievetl. a·CnminJl (1LJtim1 ~L\ V be issuc.:t The pi:11alty fm a Cnmm;iJ (',1.i;1()rl. 11por1 ~ finding L'f .guilt ma;· be up to t1inety (QO) day~; 1r1 j.iil ,rnd up 10 .1 :i,JOOO fl() monetary fmc C:r"!f)F -.;rcrJO"{ Cl l'E[l; Re1U011 .\iunkip~I C.itlc 4-4-040 n? ~: DF'.'s('R!PT!()N OF V!OtATlON; FEN('[~ IU-:lCI-IT ('OIWl:C rIVf ACTIO?>,; THE crrY Ot' RE:'\'TON HAS ADOl''J"t:I) H.E-(;1_ L \ l'IOr"•IS. GOV£fL~J:-.G Ff.i\CE Ht:l{~ffl FOR RESIDfo~f'•rflAJ. PROPERTIES. THE ~IA \I:'\! t:,,1 !!EIGHT OF' •\ H,?'li('E LOC,\.TED 01\ Tl-ll!: SUJE f.OT IJi''fE l.S st:VBNTYTWO (72) 1...;r·11rs. I~ THIS REGARD BY .n:N"fj: 2, 2006 I_Jm-.:n l!IE n:NCE TO A ;\1.;\)(JMllM HUGH1' OF si,:vnnv nvo (7.l) lNCHES ON lHE smE LOI LINE. 15.~ucd By: P,iu! Baker ( 'odl) Compharu::c lr1spedm J•lanni.0:g'B111!dmg.'Puhlic \Votk:. IJl·r:~n 1:,·1,t O;,;;~~'~;,~~}!··-,T~. -------·-··-------- 1055 South Gr.ady Wa)' -R,.:T,h111, \\';1'-hi'.!;,'Wll '91'1055 '~ RENTON' U!HII' i'l· "IIH O:l!_l-;Vl;. t / IJ K. (A'.) v.J <cL L ,4 '.5 1~-r1 ( r;,-'1,, ·::;~· rle!!:f!_ /?lS0 f<,eEF'> ~., ':> Page 7 ofl7 I f'/1\J e 1 cv1T'H 711,5 fC~N<'-E rt/le; ,c;c,cveD 1,,.,,y 1¥'L->iJl.e/''' s ,u I TH TtftS ;viJ!l:,//fJo,;2. rd~-7/-le t_fl-;,7 T'l~tZe )"c:r,IRS • JF THC r::,rj 01"> f'E·,.,~c,t'.) pof'.<eC.C") ,-,,,? TO a;,v-J~ Ttl-<Z. Pc?/VL./5-TIA! ,·,47'1 \}J1LL •• JI f,i? /i{,1.-e IL' C.Ll-rr Trli!F pe,V<:..e· frAii> f..l.5.\i- r>1'1 yr-+PO Fof!'-,A .-;;.r1,r pc;,< IJtv') f:J<!'-/\)112:' ;-v1~ $t,'V\f'(~'3" f'>C<<9" TO If' n•Y 0 ~,J YA12P A.d> ,,,v5Y ~" o>r'< (·I}< L IJ.JOf?f CL'7T1 tvA 11,-cf?--q1c,K.<i:--F-Jl,.v 5 fliES .. f'c<!':,952 tlr! vi£ Page 8 of 17 CITY ()F RENTON P Jaru1ing!Bu ildingiPu blic \\/ orks Deparlmen1 Gr~ Zimmen"lall P.E., Adminhtrator Jeff C0k:c- nu f'.irb: ,\v<:ntit' 1'ii1rth l{_l"ll{L)IJ. WA 9St)55 St:H.J ECT: F..:1we Height Vuriancc aud W,uHI of Variance· J-.t('f I :lrr1 r("Op,,,nJu1~ 1\", yo1i1 t,~lkr t•! ,\by ,-1 ·, ''. (·. · ·:.::ii, tht' R"folit hi0 ,.,l,,!!t::d ,·l1.;1m Jini-. ti::n..::c: 111 ; "ur ,l«!lli I 11111h::rs1011<l (hm !ht· fr I Kt' W,h 111,1.-,; :, , .1•, .1 1 1, ,•:1, l)f dh.c,~urai;ing t:als 1-1 nttl eml.:.'r111g :,.r:-ur) :ird ,rnd It• l'n.:ute privacy bchn,"(,n y,,u nnd ~ ·.i, r" _•n1:, ,1 1'11rrlle1, .:,ou ha\(' been ,.;-1>nt.ictl'd hy ,)tir ( l'!t.lt: (.'omphi11hT Section and i11k1nr1,,.•d 1har dk· '., :1c~· t..Jlll·r than the :dk,wed fon.;:t· !1c-igh1 ,,f 6 t~et Tlu..: Order fO t,.>rro:x:l rctiuit·l·d rh.;r you r..:dutc. 1:1c' :,•:;;·,· 11-:il!lll Lo 6 feel b) .June 2. 2006. hrst. kt rm: i1e>:-1in.: p:u Lhat 1h..: cc,di.: <..:11:,,:,·,:1:1n1: ,., <1,: ,1,ill he rlcld i11 abc:y.u1~c h,r tfle rime !x·mi;. ,d,1!~ 1hc !'>~uc:-you .;onve.yed arc t1IVo..'.~t1~:1tetl '>1..·,.-..111,i '111 i"c:qucst to b1:: allowed 10 rX·t;-1i11 lhi: fr·flct: tltr1iu;,tf1 ;i vari~nc>:' Jnd ]1;,11.-1..· thi: .:ippl 1c;-it11_1n l,'<: w:11 ·. ,.,, p, ''-' h: ,;1,;idered by 1hc Cit; ur Rt:'J)l<'ll t Ill· lor,i~· of fC':')idr.:r1lial kn...:...: he1;::hr w111 ·,,. ,)1,. ~·;1:, :I 1c, 1ho.: Fl:mmng and Dt\'l'k)p111em ( ·, •l!1milt,·l· ,,t !!le Cif~ (',.,um:11 ,m Tltu1~d<1}. Jut) 2(1. 2u1J(,_ .1 : 1 !"1 p 1~ :n rile-Ci1:, Ct\ttncil Cf)n/crt·11cc R1•t'ff1 · rlH"r Cir~· 1 kill You an:: \'<t!kom:.-: 11, au1..·nd iii i • i'' ·/-.1, ,'i :11 •!,· '\tiff wi IJ prov ids? i11funn11t1un h, !he 1..1trn111lt11..·i: ,md y1.111 \1.-i!I have :in Oi'l1')fl11i'H:, '·, ·:1·, ·,I, r, iii~· rnL·rnher,;. 0,,\ (;(l,;,k cnt'orce1110::11t w1·:: pr,:'i.:~·uJ i"c.'J.!/1r'Ui1ig the ri;;nc~. 1111111 lilt: Cm (,>uH(ii -k:a.::c.'. Sh.-.11!.I y;:,u hl:l\'l' :my ~111~s1iu11s rcg:1nii11,_, ii,, . , .. 1, , ·, 1 ,,liancc action, pk<l!-.~'. i.:,.1nt<1cl (\11.k Complia11cc fn::.pecror Paul B;.il,,cr 11 ,_, .... 1 .i :/J. ;se:, ;}),11744 7//1//:f(fl,{/tJl--- (tre~g. f11~r11,;.·r111a11. ,\dmin1-;:;trut()r PlanmngJlh11ldin1:!/Publ10.: \\',xks lkp.1rl1, t ri: Rdcrn1! ,tiJ6fJfl9-( Ka1h.~ h:~,:;,Jk.;;~. ,\fa~t)t Ri:11k1r; Ci1v ( '<mnnl:11<."rnt~~:; fay Cm·1ng11,n, (.,\0 :-.:eil \-l,";111s.. [)c\·elDp1nt:",11 '),;.·rv1c~''-IJ11" ·-:11 J..:nnifn 11~1mina,.t, C11t1Tllt l'l,uu111<1: \; n Pdld [h1l,..rr. C,,de (\m11,!i;1111,:;,; !nq,,:d,·' Dc-vdnp-a\.:llt Scn1rc<:. Div1::i(),1 hi, 10)5 Smtih Clrady \\',1y, fl ,·n:o:-,. WJ.> :m9t:,n 9805:i $;,,,,, .. ,.. ...1.:-,:s-._,,,.__,. .-~ RENTON Page 9 of!? PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT DATE: TO: CC: FROM: STAFF CONTACT: SliB.fF.CT: ISSUE: M E M O R A N D U M July 17. 2006 Terri Briere, Committee Chair Members of the !'Janning and Development Commillee Kathy Keolker, Mayor Members of the Renton City Council Jay Covington. Chief Administrative Offic,,r 1 Gregg Zimmerrnan. l'Bl'W Admmistrator N {Ct1) {., Jennifer Henning. Current Planning Manager Fences in Residential Areas Discuss the issue offences greater than 6 feet in height within residential yards. HECO·'WMENDATlON: Rdain the existing fence standards. limiting fence height to a maximum of 48" in the fronr yard area, 48" -72" in the side yard. mid 72" in the rear yard area. When appropriate. support relief from the maximum fonce height through the variance process, or the Spei:ial Administrative Fence Permit. BACKGROUND SUMMARY: Jeff Colee resides at 330 Park Avenue North. In 2003. Mr. Colee installed an 8-foot high slaltcd chain link fence in th<: side yard between his home and the neighboring property. The sratcd purpose of the fence is lo pre\'ent fer«! cats from entering Mr. Colec's yard anJ solves" problem of the cats leaving their waste in his yard. Mr. Colee relics on a wheelchair lo maneuwr in his yard. and mows his yard. The animal. waste creates suh.~tantial issues for him, as it attaches to the. wheels of his wheelchair. He notes that the Jenee also prevents the encroachment of the neighbor's vegetation into bis yard. Mr. Colee has maintains that the fence has prevented disputes between he and his neighbor for the past three years. Fence, in side yards are allowed up to 6-fcct in height, except for that portion of the yard that extends into the front yard setback, in which case che height limit is 4 feet. In May, Mr. Colee was notified by Code Compliance via an Order to Correct, that his fence was over the allowed height of 6 feet. The corrective action requested was to lower the fence Pagt.' 2 of J July I J. :!O(J6 Page !Oof17 to a maximum height of6 feet. He· ;.u'1:,eqt1t·111ly indicated that he intended w tile a requcsl for a variance from the knee h1.:1ght n .. 'i.-jUircnH.:nts. Mr. Culee also rc4ueslt:d a wai ve.r of the S l 00 administrative vccri:rncc fee. Mr. Colee wrote v, the Council in May, rcgucsting review of hio situation. I he i,ictlln was referred to Planning anJ Development Commitkc. The Order to Correct is currenll_1· being held in abeyance pending the Committee· s review of his sitllation. Staff visited the property in June and .luly. taking photographs of the fence. The 8-foot high chain-link fence has slats and cxlends :iil'llg the side property line between tbe two properties. Mr. Colee states that this fence prc\'ents feral cats from coming into his yarJ. However. staff notes Lhat the 8-foo1 high l~nc(' only extends along one portjon of the yard, while lower fences are present c!sc:whc:-,: on the property. In order to he ~1J!oweJ to rerain the frni: .. ·1.:, :\fr_ Coke would need t<.1 apply for and be granted a ,·,1riancc from the height requ1rcnh.'J1\.';. The applicant wnu!d need to demonstrntc all ofthc following: I. !'he C(Dplicam suffers undue iwrds/1111 und the variance is necessary hecause iJ( special circumslances applic,1hi,• lo !he subject property. including size, shape, wpography. lo<·a1ion or surroundings o/the subject properly, and the stricl Gpplit'ation <.ithe Zoning Cod(• is_foun.J ro deprive su~jecJ properly owner of rights and privilexes e,~joyed hJ or her property owners in the Ficinif_F and under iden1ical zone cla,-s/(icmion ihL· grdnting C!lrhe variance 11 ill 110/ hL· nwfl'rial(r dc1rimr.:11tdl tu the public .-1c/lori' nr ir~iurious to !he pro;11Tf·,· or 111!pron.:.·ment in thi! vi(1niry or 1/u: :oni.: in which .,·11~;ect property is situated 3. The approval shall not constituh' u grow ,?fspecial prh·ilege inconsisrenr with the lim11a1ion upon uses of other pr open ies in !he vicinil_,v and ::one in lYhich the .rnb;cct properly 1s situated. 4. That 1he appro1'a/ as determined h) the Neviewin~ (Jfjicial is a minimum variance rhal will accomplish the desired purpose Staff believe, that it would be difficult 10 suppon the granting of a variance for the 8-foot high fence, as it appears all of the variatK(' criteria could not be met lhcreforc. the only <)[her C1fHJ1.)il \\.'\:>ldd ht· to consider re\ i:-;iL~ th'-· h' .. L'I1loll i\1unicipaf Code to allov,., over height fonccs. CONCLliSIOI\: The stared purpose of the Fence Rcguia:ic•ns 1RMC4-4-040) is to regulate 1hc material and heighr offences particularly in fw111 v:11,i,; ,llld in yards abutting public rights-of way. in orJcr lo promote traffic and public sakly and 10 maintain aesthetically pleasing neighborhoods. fn addition, the reguLniuns L·n,~l1uragc the feeling uf spaciou.sne:ss along neighborhood slreets and minimize the closed ci11· atmosphere which tall fences along public righrs-01:way can create. Page 3 of-' Julv Ii, 2006 Page 11 of! 7 In this instance, Mr. Colce·s 8-foot high fence is not localed along the right-of~way. nor is it within a front yard area. However, the fence is located along one of the side· yards of his property. Other fences SLtrroimding his yard confom1 to City regulations. Mr. Colee has received an Order to Correct from Code Compliance to lower the height of the 8-foot high fence to 6-feet. Mr. Colee has stated that he intends to apply for a variance. but requests a waiver from the $100 fee. A fee waiver could only be granted by the Council's Finance Committee. Staff is not likely to support the variance request unless all of the stated variance findings can be made. If the administrative variance is not granted by the decision-maker, Mr. Colee would need to file an appeal with the Hearing Examiner, and pay the appeal fee ($75). Any subsequent appeals would be considered by Council, provided the appeal was filed and the appeal fee ($75) paid . . ".r.other op!ion would be to consider revisions tn the Fence Regulations to pcm.it th<' over height fence. This change is not recommended, as it would then allow frn,es that the Code recognizes as being appropriate only for commercial and industrial uses. Staff recommends that the Planning and Development Committee retain the existing fence regulations for residential uses. Staff suggests that Mr. Colee either reduce the height of the fence to 6 feet, or attempt to seek relief through the variance process. October 1 ll. 2006 Jcff (:oke DO Par~ . ..\ve. N R-:nt ... n . \'.' ;\ ()~f1.'.'=' _, R~: Fee \Val\:cr Rc:qi,H;st Dear fv1r Cuicc. Page 12 ofl7 C'.IT'\' OF RENTON C1tyCkrk (~11111ie l. \\' alt on At the regular Coun\'.t I m..::cting ,,r o,,rolK1 '), _2(106, the Renton City C0tm~:il approved the n::commendation of the t'inance l ·omrni(k\'. l(J ~;ran! your request to waive lh~ S l O(J variance: applirnllon !"i.!c <1:s rc5a1d:-~,,ur cit,ht-klot-higJ.1 fence ~parnting your house: from ~',;:rnr m:.ighbor\; house_ f1i proceed with the vari,mce ..ipp!tc111,)n pro, 1.;ss. µlease visit the sixth lh.ior pt.:m11t1in~ Je:5k ui City !Lill, or ..:all -425-4_~,·, Sincere!)·. Bonni:.' L \.Valto11 City Clerk .VfaJ\)f Kalh) Krolk._.i l{,mdy(o1m.;i11 C,Hm~dPr'.' :dcL Gi:t:gg Zimmcrmxm. f'HJ>\\·' ,\.,l:1::11,~uJ1,_,: :-.-1:11 Wan>:, Den•lopmcm St·1,,1,,-~ I )1r\·. Jennifer l-knniag, Prin..:ipal l'hl1J1\'! ~~ RENTON h 11, , ,. , , • r ;11: , l is.,·1 REPORT & DECISION DECISION DA TE Project Name City of Renton Department of Planning I Bwid1ng I Public Works ADMINISTRATIVE VARIANCE LAND USE ACTION November 15. 2006 Co!ee Fence Height Variance Page 13ofl7 ---------- Applicant Fi'le Number Pmject Description Project Location Exist. Bldg. Area gs! Site Area Jeff Colee, 330 Park Avenue N. Renton. WA 98055 LUA06-135 Pmjecr Manager Valerie Kinas! 1 he applicant 1s requesting a variance from RMC 4-4-04001(bt, which restricts the heigl1t of a stde yard fence to a rnaximurn of 6 ft.. Ti1e appHcant is reque.sting a variance rn ordet to retain an existing 8 ft. chainhnk srde yarrS fence. The appllcnnt Justifies the variance with the necessity to pro1ecl himsetf from !he nuisance o1 his neighbor's cats and overgrown vegetation. The site is in tho R-10 wnc. 330 Park Avenue N 1.010 sq ft. Proposed New Bldg. Area gsf NA 4,500 sq. ft. NA -··---·-------------------------------- • Cilf ol RN1/on P/81PW Department .~o[e~ fEnce Height Va'l!,!2'?,'! __ ~----- .~r;PORJ DF 1\0\IE.MBER 15, 200G A. Type of Land Use Action J . Cor;~i/J;~al ;J~r,: . . I - I Site Plan Fi.'ev1ew -j Spec,al ~.'.'.''.~~ fo.-Grade & Ft// X J Admmlstml/ve Vari.nee 8. Exhibits The following exhibits were entered into th0 re-core Page 14 ofl7 Admim.';/r;i/1vR VJ(";cJnr.:& Rem:xt cmd Uccisin{I LU~OtJl:,5'°", "-V-A""~~ Binding Site Plait Sho,erkw Sub~:/,M/iof Deverc,pmt1nt PtJrmd /-,;-;,;,,n --~------. T~:""o Code De/ermin:ton ' E:d1ibit No. 1: Yellow file co_ntairnriq: .:1r;)lic:11:on, proor ol posting and pulJ!icatiO(I, ~~nd other documont<lti(H'/ pertinent to this wque~1 Fxhibit No. 2 Exhibit No. J· Site Plan (l.:!eco1vot! O,c:tolJ(:1 , ! ~OOU). Zoning ant.I Neightorhnoci o~ttJU Uc1p C3 E~Bl C. Project Description I Background: The <:1pplicant is requesting a variance-to exceed tiH".' incix1mum permitted fence height of 6 feet m lhe side and rear yard. He has installed an eight Fool high chain link fence with pnvacy slats along his south property line. The fence is approximately 60 feet long and runs from the front corner of the house to the garage m the rear yard. The property is localed in the R-10 zone, along Park Avenue N al nrn1block betvl'iJen N 3ro Street and N 4lh Street. The properties to aU s1d(>,.s immediately abutting the site are also zoned R-rn There are single family homes to !he soulh and ~vest. v parking lot belonging 10 the Renton School District to the north, arid an elementary school to the east. The applicant explains ,n lhe application, that the fence 'l,1as bu1ft to provide a barrier from the lot to the south He contends that the neighbor there feeds f@rrel cats and tl1a1 tho,:;c cats then enter his yard and leave animal waste on his lawn The fence was built to keep out t.he cats, but ;:.Is,, to serve as a barner to weeds and overgrown vegetation on the neighborlng lot. The applicant also stated that the fence aided in preventing unpleasant contact with the neighbor Codt:: Compliance staff have reported that the overgrovm veiJ:;;ta!ion on the neighboriny !ol has been creaned up The neighbor with !he cats no longer lives in the house_ so thr~ fcrrc:i Cc!\S are no longer dr<1w11 to the area. FINDINGS, CONCLUSIONS & DECISION Having reviewed the wril!en record In the matter, t.h~ City now makes and enters ttle following: D. 1, Findings Request: The Applicant, Jeff Colee, rias rnquest{~1.! ;;.pproval for an Administra!tvc Variance for liis property at 330 Park Avenue N. The variance is requested fron1 RMC 4-4-04001(b), which restrlcls the hefght of ,;1 $Ide yard fence to a maximum of 6 ft. The applic<m! 1& rcqucs:ing a variance (n order to retain an extstlng 8 ft. '1igti and 60 feet long chainlink side yard fence. Page 15 of!? Ory of Rcnto!J PIS-PW Dcp.[ir/mom EoJe.e,!;!!ce Height Variance ___ ~~---,"-~--~ Administr,1.'iv(: V,'j,1~1na· r-.:epori and Dec1s1on ~~~~~~~~~-~-'"•~·. ·~-----·-LLJAQ6-13~ •.Y"~~-=-·-=o REf'ORT or NOVEMfJCR 1$, 2006 Pr.-gi:: j (I,-5 2. Administrative Variance: The appliC.)nt's administrative variance applic:c,tion complies wiU) the requiroments for intorrna!ion for a variance. The appticanf's site plan and other project drawings are entered as exhfbits one lh;ougl1 three. 3. Existing Land Use: Land tJses surrounding the subject site include: North: R-10 zone. parking lot belongm-g to Renton School District; South; R-10, single family house: East R-10, al!ernalive high sc!t0ol; and West: Park /wcnuc N and beyond it R-1 O, single ramify house. 4. CONSISTENCY WITH VARIANCE CRITERIA Section 4-31-19F.3. #sts four criteria that the Zoning Administrator is asked to consider. along with all other relevant information, in making a de<;iS.ion on en Adrmnistmtive Variance application. These includo the following: a. That the appl!cant s-uff-ors unch..1e hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is -found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vlc.lnity and under identical zone classification: The site 1s similar to a number of parcels in the vicinity in the R-10 zone. The sit-c rs flat and is surrounded :iy the same zoning QS ttie property is zoned. If the zoning code is strictly applied and me applicant must reduce the tleigt,t of the fence to six feet, the proporty owner would not be deprived of 1tle same privlledges that others in the vfcinity have AlthOtJgh the applicant may have experienced hardship because of the actions of the.> neighbor 10 the south, this is not a hardship that results from the characteristics tif Uw. lo! or lhe surrounding properties, but oi the behavior of a neighoor. Code Complianco of tile City of Renion. !1as cUUre$:;;:ed i:iil Q{ these concerns that earl be addressed using Gily of Renlon regulations, and it appears the situation at lhe site has greatly improved. The overgrown vegetation has been rerrw\led. Code Compliance staff also report that the person who was living ln the house. who was feeding the ferrel cats. ts no longer living there. If the applfcant is granted ;i variance to a!low an eight foot high fence, he would be being granted more prr\lilegas than other property owners in the vicinity ln the R-10 zone_ h. That the granting of the variance wm not be materially detrimental to the public walfal'e: ot injur;ous to the property Or' improvements in the vicinity and zone in whfch subject property is situatod: ---.;> Granting of the variance could be injurious to the property in the vidnily The City of Renton developmen1 regulations that limit fence height do so iri ofder to -create a uniform standard, allow for a measure of visual conlact, and avoid unsightry barricading off of properties. While allowing this one particular fence to exceed the height restriction may not be detrimental to the public welfare,J.t~~!~(~ce lhat could lead to higher fences in the area. resulting in lhe in1urious conditions the ferice regulations are meant to inhibit c. That approval shall not constitute a grant of special prJvllego inconsistent with the limitation upon usos of other properties rn the vicinity and zone in which the!' .subject property is situated: Granting the variance, as explained 1n "'" above, would allow the applicant to do what is not ;;illowed of other neighbors in the vicinity and zone in whicll the svbJect property is located. Although the applicant did have a neighbor to the south who he found to cause him distress, there is not/ling unusual about the lot or the use of the lot from a zoning perspactive that would warrant the CHy allowing a laller fence. If this applic:ant is allowed a higher fence under these circumstances, other holile owners in the area woufd al:s.o need to bo granted these privjledges. Granting ot Ille variance would thus s-et a precedence for future higher fences in the neighbort10od. Page 16 ofl7 C,i/ ri.' f?e1i!0n Ptfr'FW Oeµartmefil -.~9~'!:.~-~f!/~_c_!_ Hefg!r~ yari,ance .J.dmims/1.i!,"18 VMic,11t8 R~po: and Dr2c1siun LUA{M-1J5, V-A f?E(·G.CZ:T i--:F .'Jo')'.!l· 1.mlfi :.'.>, £006 d. Th.at the approval as determinecJ tJ)t the Zoning Administrator is a minimum variance that wirl accompHsh the desired purpose: ~St<'ffdoes not believe 111rti an eight-foot ;111Jh trncc ,,,,i: ~c;::c:omp!ish :he des1n:~d purpose :11orn them a six-fool / fcm.:1.: would. Ii is aou!Jlful that a BO-foot sc~;int:'nt ,1: fence can keep cat~ out or n-.e yarc. regardless of how high 1t i::;. buil: Ca!~ can go around an eight-kio· :i1Ji·1 f,:;nce as easily as they cc1n go ;'Jrowid a six-fom higrl f-e-nce. If !he fer.cc 'NBS riecessury lo keep out o,,,~r\r .. )·!,,·1 v·e1;,:Jation. a fence rnectir.g tt1e six-foot msxirnirn heigh: wcuid have aiso rne1 :he neod. The ,~ppiteant r.:1-.,lr: I a>.P ar-a; vegetaiion overt.his height tn.mmed. Since applicaticn was made. the nuisances th.it ihe aopi1, ,-1E,1··ding ro protect h:mseji from with~ t;Jller fence t·,ave been .:1bote<.I For alJ these reasons. the vari0r1::c .snot :·1r.! m1ninw1n 11euiss:.ry tu1 tl1e ap;::ilic;J:nl to .:,ccorr1pi1!;;h i11,:; desired purpose. E. Conclusions The sui:)JUCl site-1-s. localed at 330 Pa," /,,.,i::nt.k. N 111 the R· 10. restdenlial L.une. ?. The City 'Nidc PropC'rly Develupmer1! ::::2.-:.J~~'ds. R.MC 4-4-04001(b) limit 111€ t)eighl ot side yard fences for :e::m!en!ial uses to tour fec-t along the fru111 y.;,rd ;K;l11on of Ille side 101 line. and six feet along the remaining pcr!,1~1 of lhe lot line. The fence he~ht per·n:1tcd to: t•10 side y.ard in this case is as high as six fee1 3 Slaff doe::. nol $Upport approval of the vznancc, bcc:00~.o 1t does nol mee1 Urn variance c:iteria found in RMC 4-9- 250B5 Analysis of 1t1e proposi:ll ac~;otcin4J lo ir ~" ,·s1: ,,r 1,:,-'., 1l211a can be founo in sectit"1n D ;:ibove F. Decision The Admlnistrarive Var;anco for Colee Fence Height Vnriance File No. LUA06-135, V·A, is denied. S!GNATURE: Jennifer Toth Henning, Zoni:;IJ AUn1misl10/·.!i TF,,'ANSMITTFD .'01.~ 1 :i"· d.1r cf November. 2C:Oti tc• rhe .:;1_-p!:, ;,,-_,r ,,,,1 i, .•.1Ile1 ,rtt t>Jli.,i• 330 P;1rk A·i.!llU!c! N ~0n!Gl1. '>NA 9,905:;o rRAN$f~!TTED 1h1s 11:/'' d~~Y oJ NuvemlJer, 2006 !'.J /ho ,w"1,.-·s c,.' (,;, ,,,1,1 Nune TRAN$MffTED rfo.s r1~ ,:fay af No1.1cm1be:r, 2006 to tlw fclicw!li(f L~1,r1 MecJ.:hr,;, l:lu1ldJ11g Offic,.al Swo Er,gler, Fire P'(?'NflllUII :\o:c1: ',\<.;[<:-; [ii:;'.•ek::;,;11e.1t Sf'11v1::\1~ Dir{l('.l::r Jt'n:i IM Hcnrl'II,;;. Cur'..:.,n1 Plann,ng M.,w,,.~er Date City of Renton P!BIPWDepanmen! .£2,lee Fence Height Variance HEPORJ or NOVCMOLR 15, 2(106 Page.Sols Lil,..,tenre Warren, Oty Att&ney King CoU!~I~ Ji:l'.Jrn.;il L.flnd Usa Action Appeals Page 17 ofl7 Actmm1strat,ve variance Repon .and Dec1sior1 LUA06,135, V-A The admini:.trati>,1e land use decision \MU bc:e.ome hnal if the docrsion is not appealed within 14 dcJys of the dale of <ipprov.al. An appeal o( the decision must be 61ed within the 14 dBy appeal poriod (RON 4:L21.C.075{3); WAC 197·1 H)80). An ctppeal lo the Hearing Examiner Is govam~d by Title LV. Section 4-B-11.8, which requir~ thc1t sud1 c1ppeal~ l}e fil.KJ directly v,.,jt/1 (he Heariog Exarniner. Appeals must be made in writing on or before 5:00 PM on November 29, 2006. Any 01ppoal mus! be :'ltt.ornpamoc by a Si'5.00 feE and o!her specilic requirernents. THE APPEARANCE OF FAIRNESS DOCTRINE prov1dos that no ox parte (rnvnto 0M.on-0ne} communicatmns may occur concerning the land u:se decie::fon. TI-ie Doctrine applios oot only to the initial decision, but to Appeals to lho Hoanng Examiner r.t6 well All communications aftGf tho docistontapprovi!I dato must be made in writing throu9h 1ha Hearing E;,c:amine,. /,II commurucations are pubfi<", mcord and this permits all inlc-ros1od parties to know the contents ot the communi-c.ntion and would allow them to openly rebut the aYidonco in writing. Any violation of tfos doctrine could rc~u!l in the invalidation of the appeal b~-the Court. January 8, 2007 Ordinance #5257 Planning: East Renton Plateau PAA, Prezone to R-8 (7.34 Acres) NEW BUSINESS Airport: Financial & Property Management Options Planning: Highlands Task Force Planning: Sonics Arena in North Renton AUDIENCE COMMENT Citizen Comment: Osborn - East Renton Plateau PAA Prezoning Citizen Comment: Petersen - Various EXECUTIVE SESSION AND ADJOURNMENT Recorder: Michele Neumann January 8, 2007 Renton City Council Minutes Page 14 Following second and final reading of the afore-referenced ordinance, it was MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL A YES. CARRIED. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL REFER THE AIRPORT FINANCIAL AND PROPERTY MANAGEMENT OPTIONS TO THE TRANSPORTATION (AVIATION) COMMITTEE. CARRIED. Responding to Councilmember Persson's inquiry, Councilmember Briere indicated that the topic of the Highlands Task Force membership and tasks is in the Planning and Development Committee. Councilmember Persson voiced concern regarding potential transportation problems if an arena is sited in North Renton for the Seattle Sonics professional basketball team and other events. Mayor Keolker stated the City has been in contact with North Renton neighborhood representatives who are developing a list of concerns in case this happens. She assured that nothing has been decided, and stressed that Council will be kept apprised of any developments. Nancy Osborn, Planning Commission Member, 4635 Morris Ave. S., Renton, 98055, questioned why Councilmember Palmer voted against the ordinance that rezoned a 1,350.41 acre parcel from R-4 to R-4. Councilmember Palmer replied it was an oversight due to the large number of similar ordinances. Inez Petersen, PO Box 1295, Renton, 98057, expressed her hope that the City will grandfather in Jeff Co lee's over-height fence under the ADA (Americans with Disabilities Act) requirements for zoning. Additionally, Ms. Petersen objected to the granting of multi-family housing property tax exemptions to developers and the return of lodging tax funding to businesses while sidewalk repairs and other infrastructure improvements in Renton are needed. Councilmember Persson explained that State law requires that tax collected from the rental of hotel rooms only be used for promotional purposes to encourage people to come to Renton. He noted that some members of the Renton Lodging Tax Advisory Committee are business representatives required to collect taxes. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL RECESS INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS LITIGA TIOl\ WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSIO:-J IS ADJOURNED. CARRIED. Time: 9:52 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 10:12 p.m. &.n<£vi !1)0/;l;rrw Bonnie I. Walton, CMC, City Clerk November 20, 2006 Development Services: Wireless Communication Facilities in Residential Zones NEW BUSINESS Transportation: Downtown Connectivity to The Landing, Downtown Direction Signage Finance: Business License Billing Cycle AUDIENCE COMMENT Citizen Comment: Petersen - Various Citizen Comment: Lorenz - Tree Hazard, Maple Valley Hwy Citizen Comment: McOmber - Various 1\., r'\ i Renton City Council Minutes Page 407 An ordinance was rcaJ amending Chapters 2, 4, and 11 of Title IV (Development Regulations) of City Code by permitting wireless communication facilities within public rights-of-way in residential areas and to incorporate three pre-existing administrative determinations that clarify the wireless regulations. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11127/2006. CARRIED. MOVED BY PERSSO!':, SECONDED BY PALMER, COUNCIL REFER THE ISSUE OF CONNECTIVITY TO DOWNTOWN FROM THE LANDING AND DIRECTION SIG'-IAGE FOR DOWNTOWN TO THE TRANSPORTATION (AVIATION) COMMITTEE. CARRIED. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL REFER A BRIEFING ON THE NEW BUSINESS LICENSE BILLING CYCLE TO FINANCE COMMITTEE. CARRIED. Inez Petersen, PO Box 1295, Renton, 98057, inquired as to which fund the $1.5 million set aside for Highlands study area infrastructure improvements is in. Regarding the Comprehensive Plan amendment concerning the upper Kennydale area, Ms. Petersen expressed concern that citizens were not given the opportunity to speak publicly on the matter and the decision to adopt R-4 zoning was a result of a staff recommendation. Councilman Clawson clarified that the decision was based on more than the staff recommendation, and he pointed out that public hearings were held on the matter. Continuing, Ms. Petersen inquired as to how Highlands Community Association events such as the upcoming Christmas dance can be City-sponsored. On another topic, Ms. Petersen stated that City staff did not grant Jeff Colee a fence height variance, and he must remove the fence he erected to keep cats out of his . 6ackyard. Noting that Mr. Colee is wheelchair-bound, she pointed out that the ADA (Americans with Disabilities Act) requires cities to modify their zoning to accommodate the disabled. Stating that he read the staff decision, City Attorney Larry Warren explained that staff has criteria on when a variance may be granted that has been established by the Council. He indicated that the fence did not meet the standards as established by City Code, and that the original reason for Mr. Colee to build the over-height fence no longer exists, as the adjacent neighbor who was responsible for the cat problem has now moved. Stephanie Lorenz, 13515 SE Maple Valley Rd., Renton, 98058, expressed concern that cottonwood trees growing on the sloughing slope along Maple Valley Hwy., west of Riverview Park and east of the former Stoneway Concrete Plant site, may fall across the road and hurt someone. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL REFER THIS MATTER TO THE ADMINISTRi\ TION. CARRIED. Howard McOmber, 475 Olympia Ave. NE, Renton, 98056, asked that the City review JeffColee's fence situation (discussed by previous speaker Petersen), as the problem docs not seem to be totally solved. Mr. McOmber also issued an invitation to the Highlands Community Association's Christmas party, which will be held on December 16. Councilman Clawson pointed out that Jeff Colee can appeal the staffs decision. December 4, 2006 AUDIENCE COMMENT Citizen Comment: Petersen - Colee Fence Height Variance, 2006 Comprehensive Plan Amendments LHtl __ Council: Public Hearing Notification EXECUTIVE SESSION AND ADJOURNMENT Recorder: Michele Neumann December 4, 2006 Renton City Council Minutes Page 432 Inez Petersen, PO Box 1295, Renton, 98057, expressed concern about the denial of Jeff Co lee's request for an over-height fence variance. Additionally, she claimed that the public hearings conducted for the 2006 Comprehensive Plan amendments are invalid due to lack of due process; therefore, the resulting adopted ordinances relating to the amendments are also invalid. Council President Corman voiced his intention to have public hearing notification be a topic of discussion at a future Committee of the Whole meeting. He noted that staff is working on an e-mail notification feature for the City's website, which can supplement the outdated notification process of publishing in the newspaper and posting on telephone poles. Mayor Keolker stated that although the public hearing notification system may seem somewhat outdated, it must be done in order to comply with State law. She indicated that staff proposes to do some things in addition to the State requirements. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL RECESS INTO EXECUTIVE SESSION FOR APPROXIMATELY 45 MINUTES TO DISCUSS POTENTJAL LITIGATION AND PROPERTY ACQUISITION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 8:26 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at I 0: I 6 p.m. ~ -J. Wafthu Bonnie I. Walton, CMC, City Clerk + ... + CIT~F RENTON City Clerk Bonnie I. Walton (;~~R,,,· '? -'<' Kathy Keolker, Mayor ~N'fo~· -------------------------- October I 0, 2006 Jeff Colee 330 Park Ave. N. Renton, WA 98055 Re: Fee Waiver Request Dear Mr. Colee: At the regular Council meeting of October 9, 2006, the Renton City Council approved the recommendation of the Finance Committee to grant your request to waive the $100 variance application fee as regards your eight-foot-high fence separating your house from your neighbor's house. To proceed with the variance application process, please visit the sixth floor permitting desk in City Hall, or call 425-430-7200. If I can provide further information, please feel free to contact me. Sincerely, 0. . . ·' . ,1./-. . . ~../.({/~ Bonnie I. Walton City Clerk cc: Mayor Kathy Keolker Randy Corman, Council President Gregg Zimmerman, PBPW Admimstrator Neil Watts, Development Services Director Jennifer Henning, Principal Planner -l-0-55_S_o_uth_G_ra_d_y_W_a_y_-R-e-n-to_n_, W-as-hi-ngt-on-98-0-55---(-42_5_) 4-3-0--6-5-l0_/_F_A_X_(4_2_5_) 4-3-0--6-51_6_ ~ @ This pe1percont:,r111s 50% recyc:'.'d rnaterial, 30% post car.sumer AHEAD Of THE CURVE May 22, 2006 Renton City Council Minutes Page 169 -,--~-------------------'-----------------~"--- AJLS: Community Leadership Award, WA Association of School Administrators AUDIENCE COMMENT Citizen Comment: DeMastus - Highlands Community Association, Senator Prentice Letter Citizen Comment: Petersen - Various Citizen Comment: Colee - Variance Fee Waiver Request, Fence Height 1.-,1,tA - CONSENT AGENDA AJLS: Renton River Days Fee Waivers & Banner Installation CAG: 05-114, Riverview Park Bridge Renovation, Marine Vacuum Service Human Services: 2007 /2008 Funding Criteria for CDBG & General Fund Allocation * The Renton Farmers Market begins Tuesday, June 6th, at the Piazza. The market takes place every Tuesday from 3:00 to 7:00 p.m. and runs through September 19th. * The Reuse It' Renton, Stop & Swap event will be held on June 3rd at the Renton Memorial Stadium south parking lot. Mayor Keolkcr announced that the City was recently awarded the Community Leadership Award by the Washington Association of School Administrators in recognition of Ren ton's support of education. Sandel DeMastus, 1137 Harrington Ave. NE, Renton, 98056, stated that the comment she made at the April 24th Council meeting regarding the 11th District legislators and the Highlands Community Association was taken out of context in the letter entered into the record at the May 8th Council meeting from Senator Margarita Prentice. Inez Petersen, 3306 Lake Washington Blvd. N., #3, Renton, 98056, objected to having to give her name and address prior to commenting at the Council meeting. She expressed her disappointment that her request for an individual Councilmember vote was not allowed on the matter of the Highlands Subarea Plan Study Area Moratorium extension at the May 8th Council meeting. Ms. Petersen also expressed her desire to know how Councilmembers vote on various matters, and her desire for an immediate way of communicating if she thinks any comments made at Council meetings are inaccurate. Jeff Colee, 330 Park Ave. N., Renton, 98055, asked for a waiver of the $100 fee to apply for a variance for his eight-foot-high fence that separates his house from his neighbor's house. Pointing out that his neighbor feeds feral cats, Mr. Colee explained that he erected the fence to prevent the feral cats from using his property as a litter box, as his wheelchair comes in direct contact with the waste. He indicated that other eight-foot-high fences exist in his neighborhood, and he has been working with animal control in regards to the cats. Mr. Colee reported that he has received an order to correct from the City, and requests a variance fee waiver as he is low-income and cannot afford the fee. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL REFER THIS MATTER TO THE ADMINISTRATION. CARRIED. Items on the consent agenda are adopted by one motion which follows the listing. Administrative, Judicial and Legal Services Department requested the following: waiver of permit fees for 2006 Renton River Days activities endorsed by Renton River Days Board of Directors; waiver of City Center Parking garage fees from July 21 to July 23; and authorization to install River Days banners on City light poles from June 12 to July 24. Council concur. Community Services Department submitted CAG-05-114, Riverview Park Bridge Renovation; and requested approval of the project, commencement of 60-day lien period, and release of retained amount of $9,535.85 to Marine Vacuum Service, Inc .. contractor, if all required releases are obtained. Council concur. Community Services Department recommended approval of the 2007/2008 Human Services funding criteria for allocation of Community Development Block Grants and General Funds. Refer to Community Services Committee. /1/A t/ 1 t' /1 Ce_ Ccr,.m..f!,,,.J:-Page I of I ,Je ~fr 1.A> It C '7 },:r ?-) 2,o O b . a Julia Medzegian -RE: Citizen requesting a fee waiver on a variance From: To: Date: Subject: CC: Julia Medzegian Randy Corman 5/12/2006 3:57 PM RE: Otizen requesting a fee waiver on a variance Don Persson FYI, I just spoke with Jennifer, who had a conversation with Neil. She said it's unlikely staff would support the waiver. Apparently the 97 year old on the other side of the fence has her story too ... >>> "Corman, Randy" <randy.corman@boeing.com> 5/12/06 3:51:07 PM>>> Hey Don- Do you want to split this fee with me? We could probably save $2000 in staff time. Thanks, Randy From: Julia Medzegian [mailto:jmedzegian@ci.renton.wa.us] Sent: Friday, May 12, 2006 3:45 PM To: Corman, Randy Cc: Don Persson Subject: Citizen requesting a fee waiver on a variance Randy, Mr. Jeffrey Colee stopped by my desk to find out the best way for him to speak with a councilmember regarding a request for a variance fee waiver. He is disabled (in a wheelchair) and he has a 10' fence around his house. He explained to me that he does this to prevent his neighbor's cats from coming into his yard and leaving their mess which then gets on his hands via him rolling his wheelchair around trying to do his yardwork. He would like to request a variance for his fence but is on a very limited income. He is proud of the way he keeps up his property, even though he is disabled. He said he saved for a number of months to be able to afford the fence and would like to not have to pay the fee for the variance request. I have a call into Jennifer Henning regarding this. Jennifer doesn't really believe this would be a good precedent to set, but had told Mr. Colee that the Council was the only way to get a fee waived. Could you give Mr. Colee a call? His phone number is 425-277- 9009. He said it is better to try to catch him in the mornings. Jennifer is supposed to get back to me on what, if any, option there might be for Human Services to help him out. FYI, the fee is $100. Don, I'm oopying you because if there is a referral to committee, it would probably be to Finance Committee. Thanks, Julia file://C:\Documents and Settings\jmedzegian\Local Settings\Temp\GW}OOOOI .HTM 5/23/2006 Julia Medzegian -Citizen requesting a fee waiver on a variance From: To: Date: Subject: CC: Randy, Julia Medzegian Randy @ Boeing 5/12/2006 3:45 PM Citizen requesting a fee waiver on a variance Don Persson Page 1 of 1 ,- Mr. Jeffrey Colee stopped by my desk to find out the best way for him to speak with a councilmember regarding a request for a variance fee waiver. He is disabled (in a wheelchair) and he has a 10' fence around his house. He explained to me that he does this to prevent his neighbor's cats from coming into his yard and leaving their mess which then gets on his hands via him rolling his wheelchair around trying to do his yardwork. He would like to request a variance for his fence but is on a very limited income. He is proud of the way he keeps up his property, even though he is disabled. He said he saved for a number of months to be able to afford the fence and would like to not have to pay the fee for the variance request. I have a call into Jennifer Henning regarding this. Jennifer doesn't really believe this would be a good precedent to set, but had told Mr. Colee that the Council was the only way to get a fee waived. Could you give Mr. Colee a call? His phone number is 425-277- 9009. He said it is better to try to catch him in the mornings. Jennifer is supposed to get back to me on what, if any, option there might be for Human Services to help him out. FYI, the fee is $100. Don, I'm copying you because if there is a referral to committee, it would probably be to Finance Committee. Thanks, Julia file://C:\Documents and Settings\jmedzegian\Local Settings\Temp\GW}OOOOI .HTM 5/23/2006 , ~~~ CITY -:>F RENTON + "" + / Planning/Building/Public Works Department ~<i>· Q~,--K-ath_y_K-eo-lk-er_,_M_•yo-r--------------G-r-eg_g_z_i_m_m_e_r_m_a_n_P_.E_ •• 'A-dlDl-·n-is-tr-•-to-r--- N?f ., ORDER TO CORRECT I[ \ Date: 05-02-2006 Location of Violation: Owner(tax-payer) : Issued To: Address: \ \9 I L/Z5-Z1?-CjOQCj 330 PARKAVEN COLEE JEFFREY J COLEE JEFFREY J 330 PARK AVE N RENTON WA 98055 Service Request No. SR06-0470 Violation Index No. C06-0165 f>t.S'I/Ylkr'ir-'3° ~ An inspection oftlte above premises revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 06/02/2006. If voluntary compliance is not achieved, a Criminai Citation MAY be issued. The penalty for a Criminal Citation, upon a finding of guilt may be up to ninety (90) days in jail and up to a $1000.00 monetary fine. CODE SECTION CITED: DA TE OF INVESTIGATION: DESCRIPTION OF VIOLATION: CORRECTIVE ACTION: Renton Municipal Code 4-4-040 D 2 c 04/28/2006 FENCE HEIGHT THE CITY OF RENTON HAS ADOPTED REGULATIONS GOVERNING FENCE HEIGHT FOR RESIDENTIAL PROPERTIES. THE MAXIMUM HEIGHT OF A FENCE LOCATED ON THE SIDE LOT LINE IS SEVENTY TWO (72) INCHES. IN THIS REGARD BY JUNE 2, 2006 LOWER TIIE FENCE TO A MAXIMUM HEIGHT OF SEVENTY TWO (72) INCHES ON TIIE SIDE LOT LINE. Issued By: Paul Baker Code Compliance Inspector Planning/Building/Public Works Department Development Sen·ices Civision Phone No: 425-430-7386 o. -----~-------·R~E-NTON I 055 South Grady Way -Renton, Washington 98055 @ This paper cont.ains 50% recycled material. 30% post consumer AHEAD OF THE CURVE .. ' I 19-N 8 I /\J i.?141-I IJ'o~ S" Hc)v·c· r . ;,,~ r~.01<_; T CO/<A.J~fz oF ruT VP To 5°C,L{/G CITY OF RENTON PLANNING/ BUILDING/ PUBLIC WORKS MEMORANDUM Date: December 8, 2006 To: City Clerk's Office From: Holly Graber Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. N'l.!l'"~"i'll'"il Project Name: Colee Specia I Fence Permit LUA (file} Number: LUA-06-135, V-A Cross-References: AKA's: Project Manager: Valerie Kinast Acceptance Date: October 27, 2006 Applicant: Jeff Colee Owner: Jeff Colee Contact: Jeff Colee PIO Number: 722400-0595 ERC Decision Dat1=1: ERC Appeal Date: Administrative Denial: November 15, 2006 Appeal Period Ends: November 29, 2006 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is requesting a variance from RMC 4-4-040Dl{b), which restricts the height of a side yard fence to a maximum of 6 ft .. The applicant is requesting a variance in order to retain an existing 8 ft. chainlink side yard fence with privacy slats. The applicant justifies the variance with the necessity to protect himself from the nuisance of his neiqhbor's cats and overqrown veoetation. The site is in the R-10 zone. Location: 330 Park Ave N Comments: Applicant is requesting a special fence permit for an 8' fence in a side yard. Fence is chain link with light blue privacy slats. Project valued at $700. Application fee of $100 was waived by the City Council. """",_,..._.,..,....._,..... .. REPORT & DECISION DECISION DA TE Project Name Applicant File Number Project Description Project Location Exist. Bldg. Area gsf Site Area City of Renton Department of Planning I Building I Public Works ADMINISTRATIVE VARIANCE LAND USE ACTION November 15, 2006 Colee Fence Height Variance Jeff Colee, 330 Park Avenue N, Renton, WA 98055 LUA06-135 Project Manager Valerie Kinast The applicant is requesting a variance from RMC 4-4-040D1 (b), which restricts the height of a side yard fence to a maximum of 6 ft.. The applicant is requesting a variance in order to retain an existing 8 ft. chainlink side yard fence. The applicant justifies the variance with the necessity to protect himself from the nuisance of his neighbor's cats and overgrown vegetation. The site is in the R-10 zone. 330 Park Avenue N 1,010 sq. ft. Proposed New Bldg. Area gsf NA 4,500 sq. ft. Total Building Area gsf NA City of Renton P/8/PW Department Colee Fence Height Variance REPORT OF NOVEMBER 15, 2006 Page 2of5 A-Type of Land Use Action Conditional Use Site Plan Review Special Permit for Grade & Fill X Administrative Variance B. Exhibits The following exhibits were entered into the record: Administrative Variance Report and Decision LUA06-135, V-A Binding Site Plan Shoreline Substantial Development Permit Administrative Code Determination Exhibit No. 1: Yellow file containing: application, proof of posting and publication, and other documentation pertinent to this request. Exhibit No. 2: Exhibit No. 3: Site Plan (Received October 17, 2006). Zoning and Neighborhood Detail Map C3 East C. Project Description I Background: The applicant is requesting a variance to exceed the maximum permitted fence height of 6 feet in the side and rear yard. He has installed an eight foot high chain link fence with privacy slats along his south property line. The fence is approximately 60 feet long and runs from the front corner of the house to the garage in the rear yard. The property is located in the R-10 zone, along Park Avenue Nat midblock between N 3"' Street and N 4th Street. The properties to all sides immediately abutting the site are also zoned R-10. There are single family homes to the south and west, a parking lot belonging to the Renton School District to the north, and an elementary school to the east. The applicant explains in the application, that the fence was built to provide a barrier from the lot to the south. He contends that the neighbor there feeds ferrel cats and that those cats then enter his yard and leave animal waste on his lawn. The fence was built to keep out the cats, but also to serve as a barrier to weeds and overgrown vegetation on the neighboring lot. The applicant also stated that the fence aided in preventing unpleasant contact with the neighbor. Code Compliance staff have reported that the overgrown vegetation on the neighboring lot has been cleaned up. The neighbor with the cats no longer lives in the house, so the ferrel cats are no longer drawn to the area. FINDINGS, CONCLUSIONS & DECISION Having reviewed the written record in the matter, the City now makes and enters the following: D. 1_ Findings Request: The Applicant, Jeff Colee, has requested approval for an Administrative Variance for his property at 330 Park Avenue N. The variance is requested from RMC 4-4-040D1(b), which restricts the height of a side yard fence to a maximum of 6 ft.. The applicant is requesting a variance in order to retain an existing 8 ft. high and 60 feet long chainlink side yard fence. Variance Report/ City of Renton P!BIPW Department Colee Fence Height Variance REPORT OF NOVEMBER 15, 2006 Page 3 of 5 Administrative Variance Report and Decision LUA06-135, V-A 2. Administrative Variance: The applicant's administrative variance application complies with the requirements for information for a variance. The applicant's site plan and other project drawings are entered as exhibits one through three. 3. Existing Land Use: Land uses surrounding the subject site include: North: R-10 zone, parking lot belonging to Renton School District; South: R-10, single family house; East: R-10, alternative high school; and West: Park Avenue N and beyond it R-10, single family house. 4. CONSISTENCY WITH VARIANCE CRITERIA Section 4-31-19F.3. lists four criteria that the Zoning Administrator is asked to consider, along with all other relevant information, in making a decision on an Administrative Variance application. These include the following: a. That the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification: The site is similar to a number of parcels in the vicinity in the R-10 zone. The site is flat and is surrounded by the same zoning as the property is zoned. If the zoning code is strictly applied and the applicant must reduce the height of the fence to six feet, the property owner would not be deprived of the same priviledges that others in the vicinity have. Although the applicant may have experienced hardship because of the actions of the neighbor to the south, this is not a hardship that results from the characteristics of the lot or the surrounding properties, but of the behavior of a neighbor. Code Compliance of the City of Renton, has addressed all of these concerns that can be addressed using City of Renton regulations, and it appears the situation at the site has greatly improved. The overgrown vegetation has been removed. Code Compliance staff also report that the person who was living in the house, who was feeding the ferrel cats, is no longer living there. If the applicant is granted a variance to allow an eight foot high fence, he would be being granted more privileges than other property owners in the vicinity in the R-10 zone. b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated: Granting of the variance could be injurious to the property in the vicinity. The City of Renton development regulations that limit fence height do so in order to create a uniform standard, allow for a measure of visual contact, and avoid unsightly barricading off of properties. While allowing this one particular fence to exceed the height restriction may not be detrimental to the public welfare, it would set a precedence that could lead to higher fences in the area, resulting in the injurious conditions the fence regulations are meant to inhibit. c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated: Granting the variance, as explained in a. above, would allow the applicant to do what is not allowed of other neighbors in the vicinity and zone in which the subject property is located. Although the applicant did have a neighbor to the south who he found to cause him distress, there is nothing unusual about the lot or the use of the lot from a zoning perspective that would warrant the City allowing a taller fence. If this applicant is allowed a higher fence under these circumstances, other home owners in the area would also need to be granted these priviledges. Granting of the variance would thus set a precedence for future higher fences in the neighborhood. Variance Report/ City of Renton P/8/PW Department Colee Fence Height Variance REPORT OF NOVEMBER 15, 2006 Page 4 of 5 Administrative Variance Report and Decision LUA06-135, V-A d. That the approval as determined by the Zoning Administrator is a minimum variance that will accomplish the desired purpose: E. 1. 2. 3. 4. F. Staff does not believe that an eight-foot high fence will accomplish the desired purpose more than a six-foot fence would. It is doubtful that a 60-foot segment of fence can keep cats out of the yard, regardless of how high it is built. Cats can go around an eight-foot high fence as easily as they can go around a six-foot high fence. If the fence was necessary to keep out overgrown vegetation, a fence meeting the six-foot maximim height would have also met the need. The applicant could have any vegetation over this height trimmed. Since application was made, the nuisances that the applicant was intending to protect himself from with a taller fence have been abated. For all these reasons, the variance is not the minimum necessary for the applicant to accomplish his desired purpose. Conclusions The subject site is located at 330 Park Avenue Nin the R-10, residential zone. The City Wide Property Development Standards, RMC 4-4-040D1 (b) limit the height of side yard fences for residential uses to four feet along the front yard portion of the side lot line, and six feet along the remaining portion of the lot line. The fence height permitted for the side yard in this case is as high as six feet. Staff does not support approval of the variance because it does not meet the variance criteria found in RMC 4-9- 25085. Analysis of the proposal according to the variance criteria can be found in section D above. Decision The Administrative Variance for Colee Fence Height Variance File No. LUA06-135, V-A, is denied. SIGNATURE: Jennifer Toth Henning, Zoning Administrator TRANSMITTED this 15" day of November, 2006 to the applicant and owner: Jeff Colee 330 Park Avenue N Renton, WA 98055 TRANSMITTED this 15" day of November, 2006 to the parties of record: None TRANSMITTED this 15h day of November, 2006 to the following.· Larry Meckling, Building Official Stan Engler, Fire Prevention Neil Watts. Development Services Director Jennifer Henning, Current Planning Manager Variance Report.doc/ Date City of Renton PIBIPW Department Colee Fence Height Variance REPORT OF NOVEMBER 15, 2006 Page 5 of 5 Lawrence Warren, City Attorney King County Journal Land Use Action Appeals Administrative Variance Report and Decision LUA06-135, V-A The administrative land use decision will become final if the decision is not appealed within 14 days of the date of approval. An appeal of the decision must be filed within the 14 day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). An appeal to the Hearing Examiner is governed by Title IV, Section 4-8-11.B, which requires that such appeals be filed directly with the Hearing Examiner. Appeals must be made in writing on or before 5:00 PM on November 29, 2006. Any appeal must be accompanied by a $75.00 fee and other specific requirements. THE APPEARANCE OF FAIRNESS DOCTRINE provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. Variance Report/ i I'- ~ .::> & \ti ~ .J ~ 1- :.j ~ ~ <. 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For additional re(UlaUon• in Overlay DislricUI, please see RMC 4-3. PAGE# INDEX SECT/fOWNIRAMOE Pnnled by Pnnt & Mall Services, City o1 Ren1on City o __ enton Department of Planning I Building I Pu Vorks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: NOVEMBER 10, 2006 APPLICATION NO: LUA06-135, V-A DATE CIRCULATED: OCTOBER 27, 2006 , APPLICANT: Jeff Colee PROJECT MANAGER: Valerie Kinas\ PROJECT TITLE: Colee Fence Hei ht Variance PLAN REVIEW: Ka ren Kittrick SITE AREA: 4,500 s uare feet BUILDING AREA ross: 1,010 s LOCATION: 330 Park Avenue N WORK ORDER NO: 77669 SUMMARY OF PROPOSAL: The applicant is requesting a variance from RMC 4-4-040D1(b), which restricts the height of a side yard fence to a maximum of 6 ft .. The applicant is requesting a variance in order to retain an existing 8 ft. chainlink side yard fence with privacy slats. The applicant justifies the variance with the necessity to protect himself from the nuisance of his neighbor's cats and overgrown vegetation. The site is in the R-10 zone. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earlh Housina Air Aesthetics Water LinhVG/are Plants Recreation Land/Shoreline Use Utilities Animals Transoortation Environmental Health Public Services Energy/ HistoridCultural Natural Resources Preservation Airport Environment 10,000 Feer 14,000 Feel (\\ 0"-L, B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Da ... . .. )- CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 27'h day of October, 2006, I deposited in the mails of the United States, a sealed envelope containing Acceptance Ltr & NOA documents. This information was sent to: Name Jeff Colee Surrounding Property Owners (Signature of Sender):.,.&ttrg--4, <·/.:, .· STATE OF WASHINGTON ) ) ss COUNTY OF KING ) Representing Owner/ApplicanUContact See Attached I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. ,,,,\\,11111 11 .:::''' '(I-IN H( lt 1 ~.?:,\:··'?,m~\H,· ~:-._-.,I/I Dated: \ o !';, .J () le \ L Notary (Print): \:;\v,~ l n , L y I, r, My appointment expires: ·::i -\ 't -1 o Project Name: Colee Fence Height Variance Project Number: LUA06-135, V-A or ;e State of = sii~9td;;;: ~: 1 ~ -:c, ... ~., ,:. ~u -. -m~ ~ \ \ (\f) :; ~ 'i ::: \'-Y):t\; \;V"Q. n ~ ~} 4b ,fi i>:: z o~,, BC f"-.:Q:: ~ "5'1 '11,<·19-\v.,.~~,;;,5 1,,, )'~ ''111\\\\\\,, .. ,--:-~"~ 111 Or= wp..<ci":_,,, I 11111"'"''' .. 722400059506 COLEE JEFFREY J 330 PARK AVE N RENTON WA 98055 756460017004 FACILITIES & OPERATIONS CTR OFFICE OF THE EXECUTIVE DIR 300 SW 7TH ST RENTON WA 98055 722400053004 GOTT! EUNICE M 322 PELLY AVE NORTH RENTON WA 98055 722400047006 LINN ALDEN & TISHA PO BOX 2288 RENTON WA 98056 722400058003 PARK AVE MALL INC 411 SW 350TH PL FEDERAL WAY WA 98023 722400060009 RENTON SCHOOL DIST 403 435 MAIN AVES RENTON WA 98055 722400052501 SORIANO MERCEDITAS MONILLAS 326 PELLY AVE N RENTON WA 98055 722400051008 TERRY TIMOTHY M & NANCY A 338 PELLY AVE N RENTON WA 98055 722400049507 ULRICH SAMSON 346 PELLY AVE N RENTON WA 98055 722400051503 DERRY LUELLA H 900 CUMBERLAND RD GLENDALE CA 91202 722400046503 GANUELAS JOSEPHINE 335 PARK AVE N RENTON WA 98055 722400060504 GOYETTE MARC+MARGO 4506 FOREST AVE SE MERCER ISLAND WA 98040 722400045000 MCCLINTON MACK+JENNIFER 323 PARK AVE N RENTON WA 98055 756460018101 PLAVIDAL GARY S+OLGA 1204 N 3RD ST RENTON WA 98055 722400044003 SABOUR-MOHAJER HOSSEIN 5031 RIPLEY LN N RENTON WA 98056 722400059001 STEPHENSON GORDON ET AL 8001 14TH AVE NE SEATTLE WA 98115 722400052006 TIDBALL MARCIA K 330 PELLY AVE N RENTON WA 98055 722400046008 DOBSON WYMAN K PO BOX 59 RENTON WA 98057 722400062005 GHIOTTO GAYLE 350 PARK AVE N RENTON WA 98055 722400061502 HAHN TODD M+CASSANDRA M 1350 INDEX AVE NE #2 RENTON WA 98056 722400061007 NW FOUR SEASON LANDSCAPING l&E MIRACLE PRODUCTS PO BOX 1441 RENTON WA 98057 722400053509 POZZI MICHAEL F+MARY E 17822 SW 102ND ST RENTON WA 98059 756460018002 SMITH GREGG 6811 RIPLEY LN N RENTON WA 98056 722400047501 SUMM'S INC 547 PELLY AVE N RENTON WA 98055 722400050505 TOURANGEAU JAMES L+KARYN L 340 PELLY AVE N RENTON WA 98055 NOTICE OF APPLICATION A Muter Application has been filed and ~ccapted with the Develop men! Services Division of the City of Renton. Th• following brlefty describe& the application and the necHnry Publlc Approv•br.. PROJECT NAME/NUMBER: Colee, Fe~ce He,ghl Variance I LUAOS-135, V-A PROJECT DESCRIPTION: The applicant ,s requesting a ..anance trom RMC 4-4-04001(b), wt1ich restncW the he;ght of a si~ yard fence to a max mum CJ' 6 ft .. The applicant is requesting a vanance ,n order to retain an ex1sbng 8 ft chainlink side yard lence will> orivacy slal5 The applicant Just.ties the valiance wrth the necessity lo p,oteo::t him sell Imm the nuisance of his neighbo~s ca:s and overgrown vegetallO!l. The site is in the R-10 zone. PROJECT LOCATION: PUBLIC APPROVALS: ~30 Pa,k Avenue N Adm1n1stra1,ve V,mance approval APPLICANT/PROJECT CONTACT PERSON Jet' Cc lee, Tel: 1425) 277-90D9 Comments on th• above, application must be submitted ln writing lo Valerie Klnast, Assoc;late Pi.nnar, Development ServlcH Dlvl&lon, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on Novemb.er 10, :2008, II you havt1 questions about 1h,s proposal. or w,s~ lo be made a party of =•d and ra<:<!;\ffl addlt,ona_l not1hcat1on by mail, contact the Project Manager al 1425) 430-7273 Anyone who submits wntten comments will automatically become a party of record and will be notilled cl any cec1s1on on t~1b project PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER F1LE IDENTIFICATION DATE OF APPLICATION; NOTICE OF COMPLETE APPLICATION: DATE OF NOTICE OF APPLICATION: October 17, 2006 October 27, 2006 October 27, 2006 If you would like to be made a p.:art,· of reco·d to receive further informatlon on this proposed pro;ect, complete this lorm and return to: Ci1y of Renton, Development Planning 1055 South Grady W,t,J, Renton. WA S8055 Fde Nam"/ No Colee Fence Hc,ghl Variance I LUA00-135. V-A NAME.------- MAILING ADDRESS.---------------------------- TELEPHONE NO· -------------- CERTIFICATION I, ~I:{ b'Ets:Ei:.. , hereby certify that 5 copies of the above were posted by me in _2._ conspicuous places or nearby the describe SIGNED: ·\-CL-'-""'~"'-""'l<!"'"j «!'.:...__, on the d I 't"'-day of Cr ;\1., / ··'--c'.l .,;~Y 0 :~~ (ii~~ ~NifO NOTICE OF APPLICATION A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NAME/NUMBER: Colee Fence Height Variance/ LUA06-135, V-A PROJECT DESCRIPTION: The applicant is requesting a variance from RMC 4-4-040D1(b), which restricts the height of a side yard fence to a maximum of 6 ft.. The applicant is requesting a variance in order to retain an existing B ft. chainlink side yard fence with privacy slats. The applicant justifies the variance with the necessity to protect himself from the nuisance of his neighbor's cats and overgrown vegetation. The site is in the R-10 zone. PROJECT LOCATION: PUBLIC APPROVALS: 330 Park Avenue N Administrative Variance approval APPLICANT/PROJECT CONTACT PERSON: Jeff Colee; Tel: (425) 277-9009 Comments on the above application must be submitted in writing to Valerie Klnast, Associate Planner, Development Services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on November 10, 2006. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager at (425) 430-7270. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: DATE OF NOTICE OF APPLICATION: October 17, 2006 October 27, 2006 October 27, 2006 Jf you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, Development Planning. 1055 South Grady Way, Renton, WA 98055. File Name I No.: Colee Fence Height Variance/ LUAOB-135, V-A NAME: MAILING ADDRESS: _____________________________ _ TELEPHONE NO.: -------------- CIT' OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator October 27, 2006 Jeff Colee 330 Park Avenue N Renton, WA 98055 Subject: Colee Fence Height Variance LUA06-135, V-A Dear Mr. Colee: The Development Planning Section of the City of Renton has determined that the . subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7270 if you have any questions. Sincerely, Valerie Kinast Associate Planner -------,o-5-5-So_u_th_Gr-ad_y_W_a_y---R-en-to_n_, -W-as-h-in-gt-on-9-80_5_5 ______ ~ @ This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVF. . SPECIAL FEN~E PERMIT APPLICATION CIT-~~tN~~~ Develop1 .. ~ .. t Services Division 1055 South Grady Way, Renton WA 98055 Phone: (425) 430-7200 ALL REQUESTED ITEMS MUST BE PROVIDED IN ORDER TO PROCESS TldlS APPLTCAttON OCT ·, : -,-1 i 1,·-, 1. Property Address: _ _."c.: .,._. ~__:(:.:.>_--1._-J.!._/:.:., :_' ·.:_I"_: • __ ._ • ..:.'-:.:.C:.:.' _.:./'_"':.:.· --------------"'"-- 2. Tax Assessor Number: 7 ?-7-1-c-. _--;;;.<6 SC( S 3. Property Owner:_""')c.'-'::.".;.-r..: .. ,:.:.;-_.;a(~t:.'--.--_· (_-L=----------Phone: f:Z S Z: 7 ';Jo.:., :Y --l.'.l---Street Address: __ :.:.~'-'-'-'_._-"'-_'_' _______ City/State: 4. Contact Person: -----"'s'----17--'--"_~,_/_t..c.... _____ Daytime Phone: , 5. Maximum Height of Proposed Fence: __ ' ______________ _ 6. Type of Material to be Use for Fence:. _;i_/c..>:.:.:11--'t'--l-A.._'_""l-''--'·":::)'--K-'. -::....--=.(,..:,v~6-=-I--·:.:.l_-.:_IJ_,(.:...:.i......:..'2 -J 7. 8. ---, Distance from Proposed Fence to Property Line:_---"(_'-_:_l_'J_· --'------- Project Value:$ 7 CJ()~ 9. Describe Landscaping to be Installed (if any):. ________________ _ I certify that the information on this application furnished by me is true and correct and that the applicable requirements of the City of Renton will be met. I understand that this application is valid for six months from the application date_ If a permit is not issued during this time period, the application will become void. This application does not constitute a permit to work. Work is not to commence until the building permit is posted on premises where work is to be performed. Certification is hereby rendered that no work is to be done except as described, and that all work shall conform to the applicable codes_ Work in public rights-of-way and/or utility easements is not authorized under this application_ Applicant Signature: ----</;;.....'..,,_/_'_-'------"'''------:--.:.' ..;._ ___ _ Q:wcb\pw\devserv\fonns\building\BuildApp.doc Rev 3/03 ... (-, ,, (1 \,.../ j .;/ CIT ... OF RENTON '\c'):Y 0 ~~": _/., Planning/Building/PublicWorks Department ~~<:;--K•a-th•y•K•e-ol-ke_,_. M_•y_o_, _______________ G_r_e_gg_z_im_m_e_,m_a_n_P_.E_._,_A_d_m_i_n_is-tr_a_to•r __ _ N'l' ORDER TO CORRECT Date: 05-02-2006 Location of Violation: Owner(tax-payer): Issued To: Address: /' /Li \ \.9 330 PARK AVE N COLEE JEFFREY J COLEE JEFFREY J 330 PARKA VEN RENTON WA 98055 Service Request No. SR06-0470 Violation Index No. C06-0165 An inspection of the above premises revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 06/02/2006. If voluntary compliance is not achieved, a Criminal Citation l\1A Y be issued. The penalty for a Criminal Citation, upon a finding of guilt may be up to ninety (90) days in jail and up to a $1000.00 monetary fine. CODE SECTION CITED: DATE OF INVESTIGATION: DESCRIPTION OF VIOLATION: CORRECTIVE ACTION: Renton Municipal Code 4-4-040 D 2 c 04/28/2006 FENCE HEIGHT THE CITY OF RENTON HAS ADOPTED REGULATIONS GOVERNING FENCE HEIGHT FOR RESIDENTIAL PROPERTIES, THE MAXIMUM HEIGHT OF A FENCE LOCATED ON THE SIDE LOT LINE IS SEVENTY TWO (72) INCHES. IN THIS REGARD BY JUNE 2, 2006 LOWER THE FENCE TO A MAXIMUM HEIGHT OF SEVENTY TWO (72) INCHES ON THE SIDE LOT LINE. 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