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HomeMy WebLinkAboutLUA-07-069_Report 1PARTIES OF RECORD BRENNAN RESIDENCE VARIANCE Jerry Brennan 3405 Lake Washington Blvd N Renton, WA 98056 tel: (425) 277-4644 eml: jerry_brennan@yahoo.com (owner/ applicant/ contact) Updated: 08/27/07 LUA07-069, V-H, V-A, SME Susan Deloof 469 Tacoma Avenue NE Renton, WA 98056 tel: (425) 698-5000 (party of record) Tom Skillman 1017 N 31st Street Renton, WA 98056 (party of record) (Page 1 of 1) • ' SLIP SLIP st.;11 Gov't. Lot 10.15 Ac RENTON ., 43:'.F • Ii\ I • I ® 7 8 43 ij1 -,, Q ~ .. ~ to ®"I lo~·· I I I I I I I I I ii! I 11 1111 ,111 ! ·1~111i11 l'•",11 I ;;.11,'x., '!I" I'• 1 iHP qi I I ! j I! I - • @ I I I le : f /I 'a 1"~1 ;:w....!I cl1r1 1 1 IU: lf .• - - -'----1----1---,-l---l---l--....11......,_ II 8 HH!ON = ' --· ~- I -~ 1J I I I ! f I I • I ~I-+_ -I = • -• ri V " II ! 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I I Ill I ; I ~ _:----·-:.::-.:·--·-··----------·----·:.::,-;------·-----------] ~ c!ERRY & MARY HERB HUNT DESIGN GROUP ~ BR EN N AN ::.~~--m~ ·---·-·-----··-·--·--·· -·---· --·--------·-·--· ---··----- ' i I ; l . . • CD D ~ m 3 m 3 -Cl r Cl n "' u r C ,:: CD z Cl u r C ,:: CD z C, . • • "' z 0 -,, r :u Cl r Cl n "' u r C ;:: c,:, z Cl I -------- I • • i i I r I I L _J / -- ~ .. :--·-·-:::-~·-~·-.. ·--------·-··-···:.=.,-;------·-----------] ~ Jerry & m ary HERB HUNT DESIGN GROU~-~ b re n n an ~,~'.';..-~ ---·-------··-·--·---· -·------·--------·-·------··----· 0 (.0 ~ ~ rri 20' 75' Move Site to East line Decrease width 1 foot MEAN HIGH WATER LOCA TEO 2/05 MEAN SHORE LINE 25' 20' SETBACK LINE ~ "-j ~ ~ rri 20' --- WOOD FENCE LINE °' I ,,-.._ (f d:": f;J/ t J 86.94' LAKE WASHINGTON EXIST/N HOUSE -· -,. ~ (0 CX) (/) ~ a -,. CX) c5 (0 ni Legal Description: N24°57'59"£ AH !hat C8t'tafn psra,I 1 as sholwl Ori' plsl of Bound.tty Survey for Jerry Brennan Ral/rtlad Lene AcqulsftfOll, recorded January 29, 1999 fn Boole 127 or SIJrWY:fl at Page 1.55, n Recorder's Qmiflcate No. 9901299008, RtlCOn:!s of King Counly, Washington, lying In Sedloll 31, TO!NnShlp 24 North, Range 5 EIISt, wmamette Meffdlsn, K1llg COu(Jly, W8shlngfon, further desaibed for raferenOEI as lb/lows: Commencing 11t lhe Southeast oomerofsaJd Sedion 31; theoos North 01'48'16' East, 2455.27 l'eel; thence North 88'11'44' West, 41.34 fr,et lo a brass disk In lhe cenrsrlme of lake Washington BouJevurd; ll>encit South 20"04'48" West along said amferlioo of Lake Wsshlngton 8oul!;i1181d, 405.39 l'eel lo a brass disk and lhe pointofc.urw lo lhe right; !hence along uk1 CIJMI to lhe rlgN, hal'lrlg a r8dlu8 of 1602.25 feet, throuah a cenlnll f1ngM of04'26'44', an are lengl1I of 124.32 feet; thence Nolffl 72'18Wwest, 186.95 "161 to a poJrd on Ille Southeasterly line of Mountsln Vl9w AVMUEI; lheooe Nortll 24"57'5fr Ea!l .a.bng said Southeas(My tine a dlslanc6 of209.74 feet 1o the True Point otBeglnnfng; mence con1111u1ng Nol1h 24'S7'59' Eat afonQ said SouthNst6f1y llrHt of Mounfsin vrew Avenue a dist&nos ofaB.9-f '8et; lhellO!I Bout/I 70'40'4r EIISt, 96.51 feet to 8 point 25.0 feet~. BS tneBSU18d St rfghf .fJng/H lrom 1116 B(Jrllngloll Norlfl6m Slid Senta F, Ral'-Y Compeny'tl (fomletly Northern PacMc R8flW8y COmpany) SHttJe Belt line Mein TIBCk C111nterlina, as now loc9ted and oonslruded; lhMos Souttl 20'05'21' west parallel wtth aid MQ/r, Tracie amfllrlina 83.58 feet: lhslK:EI North 12'18'09' West, 103.96 feet to lhe nw Point of Bog/Ming. MEAN HIGH WATER LOCATED 2/05 I ROCK BULKHEAD ~ 0, -,. CJ) ~ ~ 0 .i:;: ",J ni °2 ~0 BRENNAN CONSTRUCTION OF NEW SINGLE FAMILY RESIDENCE OWNER: JERRY BRENNAN 3405 LK WASH BL VD N RENTON WA 98056 PIN # 3124059074 LOT AREA 8517 sf PROPOSED BLD 1075 sf LOT COVERAGE 12% SCALE = 1" = 20' CITY OF RENTON KENNYOALE BEACH 20.00' REAR BUILDING SETBACKS _, ) --------· ____ ~~.~J' &=:: 30 ~------+-I .----- -o~ ~ 0 El ~ WOuDFENCEL/NE TA. 20.00' ------ACCESS ESMT. REC. NO. 19990628001968 zoo· SIDE SETBACK ~ BURLINGTON NORTHERN RAILROAD LAKE WASHINGTON BLVD. 0 (\j STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office• 3190 160th Avenue SE• Bellevue, Washington 98008-5452 • (425) 649-7()()() November 16, 2007 Jerry Brennan 3405 Lake Washington Blvd, N Renton, WA 98056 Dear Mr. Brennan: Signature Subject: City of Renton Local Permit #LUA 07-069, V-A, V-H Brennan -Applicant Shoreline Variance Permit 2007-NW-10055 -CONDITIONED Purpose: Notification of Receipt and Approval of Variance Permit with Ecology Conditions On October 17, 2007, the Department of Ecology (Ecology) received the City of Renton decision on your Shoreline Variance Permit for construction ofa 1075-square foot single-family residence. The applicant submitted a revised variance proposal to Ecology on November 8, 2007. The revised proposal requests a 1.2 to 1.7 foot reduction to the required 25-foot shoreline setback (including two 3' x 10' upper story decks) along a 22-feet portion on the seaward side of proposed single family residence. By law, Ecology must review all Variance Permits for compliance with the following: • The Shoreline Management Act (Chapter 90.58 RCW) • Ecology's Variance Permit approval criteria (Chapter 173-27-170 WAC) • The City of Renton Local Shoreline Master Program After reviewing Variance Permits for compliance, Ecology must decide whether to approve, approve with conditions, or disapprove a Variance Permit. Our Decision: Ecology approves your Variance Permit provided your project complies with the conditions required by City of Renton and the following Ecology conditions: I. The applicant hereby authorizes Ecology staff and their designees to have access to the subject property for the purposes of compliance inspection and monitoring. Such right of access shall begin from the date of the receipt of this letter, during construction, and extend for a period of five years following project completion. Ecology staff must provide reasonable verbal notice to the applicant or their designee prior to coming onto the site. • Jerry Brennan November 16, 2007 Page 2 of2 2. Comply with the site plan submitted to Ecology on November 81\ 2007 depicting a 1.7' to 1.8' reduction to the 25' shoreline setback. 3. Independent of other project mitigation requirements and within the next two years the applicant shall plant a minimum of 100 sq' of native vegetation to be located between the proposed single-family residence and the shoreline edge. Please note, however, that other federal, state, and local permits may be required in addition to this shoreline permit. What Happens Next? Before you begin activities authorized by this permit, the law requires you to wait at least 21 days from the mailing date of this letter ( see certification above). This waiting period allows anyone (including you) who disagrees with any aspect ofthis permit, to appeal the decision to the state Shorelines Hearings Board. You must wait for the conclusion of an appeal before you can begin the activities authorized by this permit. Ifno appeal is submitted you may begin activities any time after December 7, 2007 The Shorelines Hearings Board will notify you by letter if they receive an appeal. We recommend, however, you contact the Shorelines Hearings Board before you begin permit activities to ensure no appeal has been received. They can be reached at (360) 459-6327 or http://www.eho.wa.gov/Boards/SHB.asp. If you want to appeal this decision, you can find appeal instructions (Chapter 461-08 WAC) at the Shorelines Hearings Board website above. They are also posted on the website of the Washington State Legislature at: http://apps.leg.wa.gov/wac. If you have any questions, please contact Joe Burcar at 425-649-7145. Sincerely, >-Geoff Tallent, Section Manager Shorelands and Environmental Assistance Program GT:jb:cja Enclosure cc: Jill Ding, City of Renton '. THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A CONDITIONAL USE ORV ARIAN CE PERMIT. CityofKentShorelineVariance# LUA-07-069. V-H V-A APPLICANT: Jerry Brennan DEPARTMENT OF ECOLOGY PERMIT# --=20~0~7~N~W~10=0=5~5 __ DA TE RECEIVED BY THE DEPARTMENT: _ _,l""'"0/'-"1-'-'7 lc:2oc00"--'7'---'(-"'co"'m"'"p""l""et"'-e-"-1 "-'-1/=8/-=2-"-00"--'7_,_)_ APPROVED: Yes November 16'\ 2007 THIS VARIAN CE PERMIT IS APPROVED BY THE DEPARTMENT PURSUANT TO CHAPTER 90.58RCW with the following additional conditions: I. The applicant hereby authorizes Ecology staff and their designees to have access to the subject property for the purposes of compliance inspection and monitoring. Such right of access shall begin from the date of the receipt of this letter, during construction, and extend for a period of five years following project completion. Ecology staff must provide reasonable verbal notice to the applicant or their designee prior to coming onto the site. 2. Comply with the site plan submitted to Ecology on November 8th, 2007 depicting a 1.7' to 1.8' reduction to the 25' shoreline setback. 3. Independent of other project mitigation requirements and within the next two years the applicant shall plant a minimum of 100 sq' of native vegetation to be located between the proposed single-family residence and the shoreline edge. DATE: 11/16/2007 (Si~ature of authorized department official) CITY OF RENTON CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT EXEMPTION FILE NO.: PROJECT NAME: OWNER/APPLICANT/CONTACT: PROJECT MANAGER: PROPOSAL: PROJECT LOCATION: LEGAL DESCRIPTION: SEC-TWN-R: WATER BODY/WETLAND: October 12, 2007 LUA-07-069, V-H, V-A, SME Brennan Residence Jerry Brennan 3405 Lake Washington Blvd N Renton, WA 98056 Jill K. Ding, Senior Planner Applicant has requested a Shoreline Setback Variance, and a Front Yard Setback Variance for the construction of a 2,125 square foot single family residence with a 1,075 square foot building footprint. The project site totals 8,517 square feet (3,851 square feet is above the Ordinary High Water Mark) and is located along the shoreline of Lake Washington. The proposal would result in a reduction of the 25-foot required Shoreline setback down to a minimum of 22 feet for the proposed 10- foot wide by 3-foot deep first and second story decks located on the south portion of the west fac;;ade and 23 feet for the north corners of the proposed 10-foot wide by 3-foot deep first and second story decks located on the north portion of the west fac;;ade. The subject property is zoned Residential -8 dwelling units per acre (R-8). The shoreline designation of the property is urban. 3411 Lake Washington Blvd N See attached 31-24N-5E Lake Washington An exemption from a Shoreline Management Substantial Development Permit is hereby granted on the proposed project described on the attached form for the following reason(s): Exemption from Shoreline Management.doc _XL Construction on shorelands by an owner, lessee or contract purchaser of a single- family residence for his/her own use or for the use of his/her family, which residence does not exceed a height of thirty-five (35) feet above average grade level and which meets all requirements of the State agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter. 1. "Single family" residence means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. An "appurtenance" is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. On a statewide basis, normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary highwater mark. 2. Construction authorized under this exemption shall be located landward of the ordinary high water mark. The proposed development is consistent or inconsistent with ( check one): CONSISTENT xx N/A xx INCONSISTENT Attachments: Legal Description Vicinity Map Site Plan cc: Owner/Applicant/Contact File Exemption from Shoreline Management.doc Policies of the Shoreline Management Act. The guidelines of the Department of Ecology where no Master Program has been finally approved or adapted by the Department. The Master Program. Neil Watts, Director Development Services Division From: To: Date: Subject: Jill Ding Brennan, Jerry 10/04/2007 1 :02:31 PM RE: Clarification It would as long as that is the minimum depth that is needed for a 2 car garage. »> "Brennan, Jerry" <jerry.brennan@boeing.com> 10/04/2007 11 :52 AM >» Jill, To confirm, if I were to re-design my house to stay within the foot print shown in enclosed Exhibit# 12, it would satisfy the Variance setback requirements as approved? Sorry to be very specific but my next step in going back to the Architect & Structural Engineer will cost me another $15,000. Thanks for you help in getting this clarification. Jerry Brennan ----Original Message----- From: Jill Ding [mailto:JDinq@ci.renton.wa.us] Sent: Thursday, October 04, 2007 8:31 AM To: Brennan, Jerry Subject: Clarification I talked with the Hearing Examiner this morning and he clarified that the intent of the decision was to permit you to have your requested 2 car side by side garage. /-..u...Ao7-01.,, er '*1kw f.1/e._ State Department of Ecology Northwest Regional Office 3190 160th Ave. SE Bellevue, WA 98008-5452 SUBJECT: Shoreline Management Variance for File No. LUA-07-069, V-H, V-A Dear Sir or Madam: CIT'*IJF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Enclosed is the Shoreline Variance approval for the above referenced project. The permit was issued by the City of Renton on September 6, 2007 and a reconsideration request was issued September 27, 2007. The project was determined to be exempt from SEPA review. We are filing this action with the Department of Ecology and the Attorney General per WAC 173-14-090. Please review this. decision and attachments and contact me at (425) 430-7219 if you have any questions or need additional information. Sincerely, C t:il)o ProJect Manager Enclosures: Shoreline Variance Permit Hearing Examiner's Reconsideration Decision Hearing Examiner's Decision Neighborhood Detail Map Proposed Site Plan Approved Site Plan Legal Description Copy of Master Application Project Narrative Notice of Application cc: Office of Attorney General Applicant/Owner Parties of Record --,;ct,rn,,=verle,tte,-d=-1-0-55-So_u_th-G~ra-d_y_W_a_y---R-en-to_n_, W-as-h-in-gto-n~9-80_5_7 ~-----~ G) This paper contains 50:% recycled mate~I. 30% post consumer AHEAD OF .THE CURVE APPLICATION NO.: DATE RECEIVED: CITY OF RENTON SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT SHORELINE VARIANCE PERMIT LUA-07-069, V-H, V-A July 11, 2007 DATE OF PUBLIC NOTICE: July 24, 2007 September 6, 2007 DATE APPROVED: TYPE OF ACTION(S): Substantial Development Permit Conditional Use Permit [ X] Variance Permit Pursuant to Chapter 90.58 RCW, the City of Renton has granted a permit. This action was taken on the following application: APPLICANT: Jerry Brennan PROJECT: Brennan Residence Variance DEVELOPMENT DESCRIPTION: Applicant has requested a Shoreline Setback Variance, and a Front Yard Setback Variance for the construction of a 2,125 square foot single family residence with a 1,075 square foot building footprint. The project site totals 8,517 square feet (3,851 square feet is above the Ordinary High Water Mark) and is located along the shoreline of Lake Washington. The proposal would result in a reduction of the 25-foot required Shoreline setback down to a minimum of 22 feet for the proposed 10-foot wide by 3-foot deep first and second story decks located on the south portion of the west fa9ade and 23 feet for the north corners of the proposed 10-foot wide by 3-foot deep first and second story decks located on the north portion of the west fa9ade. The subject property is zoned Residential -8 dwelling units per acre (R-8). The shoreline designation of the property is urban. LEGAL DESCRIPTION: SEC-TWNP-R: WITHIN SHORELINES OF: APPLICABLE MASTER PROGRAM: See attached 31-24N-5E Lake Washington City of Renton The following section/page of the Master Program is applicable to the development: Section 4-3-090.J 4-3-090.L Description Urban Environment Specific Use Residential Development Page page 3-25 pages 3-36 Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The site plan shall be revised to shift the proposed residence two feet to the east to maintain a zero foot front yard setback. 2. The minimum allowable set back from the water's edge shall be no less than 22 feet for the proposed 10-foot wide by 3-foot deep first and second story decks located on the south potion of the west fa9ade and 23 feet for the northern corners of the proposed 10-foot wide by 3-foot deep first and second story decks located on the north portion of the west fa9ade. The remaining potions of the residential L UA07-069shoreline. doc City of Renton P/8/PW Departm6 .. Brennan Residence Variance Shoreline Variance Permit Page 2of2 structure shall be required to maintain the minimum required building setback from the water's edge (25 feet) for all other potions of the site. 3. The applicant shall be required to obtain all other necessary permits and approvals for the proposal (i.e. building permit, certificate of water and sewer availability, etc.). This permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition hereof. 3. A construction permit shall not be issued until twenty-one (21) days after approval by the City of Renton Development Services Division or until any review proceedings initiated within this twenty-one (21) day review period have been completed. ~ ~ l,,, I _,___ Fred J. Kaufmanft Hearing Examiner cc: Attorney General's Office Applicant / Owners Yellow File LUA07-069shorefine.doc September 27, 2007 Jerry Brennan 3405 Lake Washington Blvd. N Renton, WA 98056 CIT ·oF RENTON Hearing Examiner Fred J. Kaufman Re: Shoreline Variance Request for Reconsideration, LUA 07-069, V-A, V-H, SME Dear Mr. Brennan: This office has reviewed your request for reconsideration in this matter and the response follows below. As the original report noted, the requirements regarding shoreline variances were amended to increase the protected setback areas from the shoreline. The review indicated that other architectural arrangements including a tandem garage might have enabled a home to be constructed that was more in keeping with the current shoreline regulations. The review also noted that this lot is definitely constrained and that a constrained lot may not be suitable for a normal, routine or full-size home with a two car, side-by-side garage. Nevertheless, the variance was approved for that aspect of the home. The decision also called for respecting the required setbacks in other areas of the lot. The decision also allowed for a much narrower front yard, actually, a zero front yard. In conclusion, there is no reason to alter the decision. The constraints were considered when a part of the variance was permitted but asking for more is overstepping the limitations to a far greater degree than necessary. This decision may be appealed to the City Council by paying the appropriate fee within 14 days of this decision. Sincerely, ~Q_J d ~~ ~ff~-~, Fred Kaufman Hearing Examiner City of Renton FK/nt cc: Neil Watts, Development Services Jennifer Henning, Development Services Jill Ding, Development Services Al & Cindy Provost Rebecca Wynsome & Gary Weil Mike Brown 1055 South Grady Way-Renton, Washington 98055-(425)430-6515·--~-~ ~ This oaoer contains 50% recvc:led material. 30% cost consumer AHEAD OF THE CURVE Attn: Fred Kaufman Judicial & Legal Services Division I 055 South Grady Way Renton WA 98055 SEP 2 0 2007 RECEIVED Sept.19, 2007 Subject: Reference: Request for Reconsideration and Clarification of Conclusions and Recommendations. Shoreline Variance LUA-07-069 Dear Mr. Kaufman I would like to request reconsideration and clarification to your Conclusions and Recommendations of your Sept 6, 2007 letter on my Shoreline Variance. Under Conclusions, Section 7. "While a variance from the Shoreline setback requirement is reasonable in this case, the applicant has to understand that they own a severely constrained lot. Even a request to accommodate a two car garage on such a lot could be considered unreasonable. There are homes that have only one-car garages and even newer homes now have tandem parking where cars are parked one in front of the other rather than side by side. While this office wi11 agree with staff and allow the garage arrangement, this office will also agree with staff that outside of the garage footprint, the home should provide the greater setback recommended by staff. Again, while the City agree that the lot has constraints, the applicant has to agree that the applicant owns a lot with severe constraints and that overbuilding on such lot is not reasonable. " The underlined sentence, allowing a section of the building to have the double garage requested for safety conflicts with the Decision, Section 2, last sentence "The remaining portions of the residential structure shall be required to maintain the minimum required building setback form the waters edge (25 feet) for all other portions of the site. Shown in the drawing Exhibit 11, presented at the hearing, also enclosed here, with outside wall structure the architectural minimum garage width is 22.5 feet. If I am allowed to have the above agreed to double garage, a section of the ground floor would need to intrude into the 25 foot setback for a taper of 1.2 feet to 1.7 feet, and length of26 feet for an area of38 sq-ft. as shown on enclosed Exhibit 12. The need for safety provided to my family by a double garage was reinforced the weekend following our hearing, when after setting fire to adjoining park property (Wooden Guards Bench), two men jumped the fence and hid in the lot I wish to build on. They had gone by the time Police & Fire arrived The proposed I. 7 foot intrusion into the 25 foot setback (Exhibit 12) is much less than that approved in the enclosed Prevost Variance ofLUA-06-024, Exhibits 13 & 14. Based on your decision and input from City Staff, I will move my building site to east property line, I will go back for architecture redesign for the north half of the house, keeping the north upper deck 23 feet away for shoreline. But I do ask that you reconsider and clarify, granting my request and Staff recommendation for the 225 feet south width, or foundation 23 .3' from shoreline, allowing the upper deck to be 20.5 feet from shoreline as shown in Exhibit 12. Thank you for your reconsideration of this Variance. Jerry Brennan jerry_brennan@yahoo.com 3405 Lake Washington Blvd N Renton WA 98056 Cell Number (425) 277-4644 cc. Jill Ding enclosures: ... 0 CD ... ... rr-i 20' Move Site to East line Decrease width 1 foot MEAN HIGH WATER LOCA TEO 2/05 MEAN SHORE UNE 25' 20' SETBACK LINE ... ~ "'-J ... ... n--i -r-· ~ ""S. .:, ~. ~ ' . .:=s-- , c-:- "/--. ~:.----------------+--___ ~·~~5'%~~----------l-~~ 20' 15' --- WOOD ~ENCE LINE .._ Move Proposed Site to East line Decrease Sou th design width 1 ft, redesig Decrease Proposed garage length 20' 1. 2' WOOD FENCE LINE MEAN HIGH WATER LOCA TEO 2/05 MEAN SHORE LINE 1. 7' 25'23 ... --- . _\ 'X - "$"-- ~ '1- -~ 49 '" - SE I so / LINE s' l"NE , I 52. ·y LI NE / I /' ~·~ , , ' ~ OVERHANG 193 ELEVATION OF LAKE AS OF I !-04-96 • 17 6 .!2f.. CON( WALL " ' ... I / I = tJ_-I ' ;, BO.o.THOusE ' ' . ROO•· ""-- " 0 :.1,,.2,:e; \ ROCK RElP.\NING Wb.LL ., I, '-fOP ROCK WALL TOr Roo. WALL 18. B TOP CONC WALL Tu---- --ih· t~1 DECK " ,, ' ,, 2 .-4. =• 11:7 ...... , JiJ WOOD FENCE HOUSE f F • ~6 35 ____ _, :s /// ' " 1::-0 :~!e,*' GO \l 25 O" 'j " "" .-::::...:,,_-.-.:.· AveA/ A-// owetf ?-.."5 I TOP CON(" Wal.LL_.,/ 2? s $"1Jy-e,,//,,e,_, ""'- ',} a .,,. r #,, ,,,,vu \,/ I +~ I.,, 5ef-ha,c-k ?Y'o VO"-' .J-. LUA 06 -or;..4 /'i'IJ s,-N + l+rrrlf .bf' . ,, ·~cl,{f"ivr Pf'C-P{; .zo !..o;; , WALL D h,bM 9 t( ::s-- ' <D- ~ i--w I I I Provost Variance File No.: LUA-06-024, V-H June 20, 2006 Page 11 DECISION: The Variance to allow a three-story home is denied. The Variances to the Shoreline Setback and the Front Yard Setback are approved subject to the following conditions: 1. The minimum allowable setback from the water's edge shall be no less than 15 feet for only that portion of the proposed structure on the south half of the property that is nearest to the existing rock wall. The applicant shall be required to maintain the minimum required building setback from the water's edge (25 feet) for all other portions of the site. The setbacks are illustrated in Exhibit 9, although the exhibit may not be drawn to scale. 2. The applicant shall be required to obtain all other necessary permits and approvals for the proposal (i.e. building permit, certificate of water and sewer availability, etc.). 3. The applicant shall record a restrictive covenant that does not allow any sort of additional structures within any setback areas and all required setback areas shall be maintained as open planted areas or ground level patio. 4. The boathouse may be repaired but shall not be expanded in any direction or have any change to its bulk. ORDERED THIS 20'• day of June 2006. HEARING EXAMINER TRANSMITTED THIS 20th day of June 2006 to the parties of record: Jill Ding 1055 S Grady Way Renton, WA 98055 Mike Brown 3703 Lake Washington Blvd. N Renton, WA 98056 Al and Cindy Provost PO Box 1492 Renton, WA 98057 Rebecca Wynsome Gary Weil 3711 Lake Wa~hington Blvd. N Renton, WA 98056 EXISTIN HOUSE i ..... ~ ~ TO BE INSTALLED en ~ 0 ..... co c5 (0 rn 86.94' LAKE WASHINGTON Legat Dffct1pllon: N24°57'59"E AH that 08/tttin paroul f a, 1hoMJ on plat of Boundary StNvey for J«ry Brennan RBI/toad Luu AcquWtton, raoosded J11nuaiy 29, 1999 #I BooJc 127 flf Surwiys at Page 155, n RecrmJer's Cettmcate No. 9901299008, RetXllds ofl</ng County, Wuhfngton, lying fn Section 31, Township 14 North. Range 5 E111t, IM/famette Meridian, King County, Wnhfngton. fllrtherd,IICrlbed far rafsnlno9 a,~ Commencing at the ~comerofaald Section S1; !hence Norlh 01"48'16"' East. 2455.27 ffft: tflel1CI />btfl BS-11'..U" Wut. 41,34 reet lbll btaM dlalr In thlt Cltnlerl,\olcl of l.m, Waslllngton BooJevvrri: thence Soulh 20'04'.ftr W-,, l!t/ongl ~ of UM WaM/nQtOl'l BouJswnJ, 40$.39 feet to• bnlu dMJf and tlM pofnt of atrw11 1o thlt tfQht fheno, along aid anw tr;, the right. haldng • radius or 1602.25 fNt, thmugh • oanh/ ,mg19 oflW26'44~. an art: ltlflgth of124.32 f'Nt th8ffClf North 7T18WWeat, 186.96 fiNtfD • paJntan lhe SoutheatMy fine or Mountlfln \/few Avenue; ff'lenca North :!4"57"5!r Eel along lllUd Sourheast.,fy trne e dlstarx:e of 209.14 feet tc 11w TM Polnt of Bag/nnlng; tllll'IOl!I COII/JnuJng North 24•,n9• eat along Mid SOutheanrly llne of Mountain View A~ 11 dlllanm af88.94 feet; tti.l1C8 SOLlth 70"40'47" Eat. 96.51 fNt ID II poJnt 25.0 feet Norlhwast811y, S. menun,d at right IIIIQlff il'om The But1/r>OtOlf Norllwm snd Santa Ht Railway company's ~ NoltlMm PIIClflc Rallway Campany} se.m. Belt UM Main Tr8ck ortnmrllne,. a, now IOClfled and construcfed; l1ktnclt South 20"05'21" Wnt Jllffli//el Wfth ,aid Maln Trsck centerline 83.68 foot;" Ulenc8 Nor11112•1ew WHt, 103.98 retlc thlt Ttw Po!ntotBsgfnnfnSI, MEAN HIGH WATER LOCATED 2/05. ROCK BULKHEAD 2 0 -------.J ~ 01 ..... . en ~ ~ C ~ '-J rn .,cs BRENNAN CONSTRUCTION OF NEW SINGLE FAMJL RESIDENCE OWNER: JERRY BRENN} 3405 LK WASH BL VO /,, RENTON WA 98056 PIN # 3124059074 LOT AREA 8517 sf PROPOSED BLD 1075 if LOT COVERAGE 12% SCALE = 1" = 20' CITY OF RENTON KENNYDALE BEACH 20.00' REAR ~ ~ ----l:1J.5l:1~ jU . f BUILDINGSETBACK: o o wn~INE /\ 20.00' ~---ACCESS ESMT. REC. NO. 19990628001968 2.00' SIDE SETBACK ~ C C'\l B B B B B fLAJl B B B B B B B B B fLA=A B B B B B B BvB B ILJA~ A A rlkv~aifiAE~~~l·~1N"· BURLINGTON NORTHERN RAILROAD LAKE WALST-fTNrrrn N RT.VD JUL 1 1 20D7 RECEIVED r CDR ----Bent.on c!lt.:, Um.It,- 0 e,o tyo 1"800 CA NE ;43 ) I ·~-~, C4 32 T24N R5E W 1/~ 86.94' LAKE WASHINGTON EXIST/N, HOUSE ~EXISTIN PATIO - ~ ~ -r ~ ~ c5 co ni ,~ HYDRANT 250' Legal DttMnprJorr; N24°57'59"£ AD that certfln paroctl 1 n •frown on p/ltt af Boutldilry Butvqfor J«ry S/91'1MJJ RJdtraad LUI• Aoqulsltlan, rllCOfdad .Januvry 2Q. 1M In 8°* 127 ofS'urwys •t Pape 1~ u Rea,ra'ttr'II c.rtmca!e Na, 89012S90a8, Recotft ofKTng County, Wuhlngmn, ly/nQ In 8edfiYI 31, Township 24 North, Rltf¥1116 Ent Mlatnette M«1dJarJ, Klng County, Wuhlngto,J. nmtr.r d41C'/bi«J for~ a, lbJ/oWS: Qlmrnfllldt7g llf th• Southea.t comerofq/d Sl!ldiQn 31; thtmcd North U1"<18'1e* &a(. 2ffi.21 fe9t thenee North lW11'#• Wat, 41.34 feet ID III l,,..a d&k In tlr8 centwf1M of t.ktl Wnhklllfan SOfJlevrlfd: martc,f&ufh20"04\f8" ~ •l«IO~afl.ake W.lh~ Boul.vtmt, -405.39 feet ttJ • bf8l:I disk.and tti. porntof curw, Kl lhe l1qht; lhena. mnt/~ a.no. to thfl right MWIJl. ,ad/usof1SIJ2.alnt, ~. Otff'llnlf altg'fao(Of"af'#", •n111t1/ength al 124.32 ffft; thiMce Nortll 72'18W~ t88.95f'Nt toa point.on the s~ tine of /1..fO!Jmslrl \l1ew" A1191111t1; ~ Not1lt 24"5r69" £Bat atong .. kl Southeutw1y ltne II distance of 209.74 IINI ID 1M TflJfl Point of Seglnnfng; tt.lc,,, COlltJnulng Nr:mh 24"51'59" EaaJ along uld ~ b ofMoumakl View Awnw • distance of 88.9' fael; fJ'lenc:i, SOU1h 70"40"17" Eut 96,61 f'Nt ID a pot,rt26.0 feet NorUntmtel1}', n mentHftd at rf9ht angltt Item 11le Sllrlingto/J Nor1hem and Santa Fe R.llwsy Compen~ (fmmaJfy Norfhem PacHrc ~Y Ccmpan.)'J snm. Belt Una Main Totdc ~ •• nmr_locrttdd and~ thfna, SoUll'f 20"05'21" Wnt pnlhll with Aid Main Track mnlenlrM 83,58 r-t: tMna, N«11112"18'0a" Weat 103.88 feet I.ti #le Trw Point of &gfnnlng. MEAN HIGH WATER LOCATED 2105i ROCK BULKHEAD 16 20--------- ~ Qr ....... (/) ~ ~ 0 -!l. 'I ni TO BE INSTALLED ~-vv ~ ' ' •,• ·--···• ,•, .. ,,• : :.---->;:-:; '.~.:~>'"5l:::·;6:-~,-'.>,0:,' '~f##~m/ff~~ ~ .. 1r= t I,-,!. . : .. ·:.'·-~ '-.:·:· ... U. -~-z ... •.,·:·· .. ":,._:,·,-'-·._:·. _/·, :···-~·:··.'·"_'.' :...I A,-,.,,.,,.,,_ ...... __ ... __ 'ff"; <, -~' ;. ' -.... ' BRENNAN CONSTRUCnON OF NEW SINGLE FAM/L RESIDENCE I ':C OWNER: JERRY BRENN , . - 3405 LK WASH BL VD , J RENTON WA 98056 ' PIN # 3124059074 LOT AREA 8517 sf PROPOSED BLD 1075 LOT COVERAGE 12% SCALE = 1" "" 20' CITY OF" RENTON KENNYDALE BEACH 20,00' REAR o.:,.oo BUILDING SETBAC~ 20.00' -------ACCESS ESMT. REC. NO. 19990628001968 2.00' SIDE SETBACK CELINE ~ BURLINGTON NORTHERN RAILROAD LAKE WAtSHTN(;. rn N RT.VD ~ NT PL!\NNfNu- RENTON JUL 1 l 2007 RECEIVED CD " " rri 20' ~I ~ 15' Brennon z. ~ REAR PROP LINE -C-_I -CJ-- WOOD FENCE LIN[ Variance Rev A MEAN HIGH WA T[R LOCA TEO 2/05 MEAN SHORE LINE 25' 20' SETBACK LINE f----------0-------· " ' r--. ~ " " 111 10' - -0- ~ -0 "'\ 0 <: 9- (1' -' .!.MA ()1-Ob't })07-0 V 1 City of Renton oEVELOTYPMOEF. ~/NTLAJ'tlNG LAND USE PERMIT Cl ··- JUL , , 2007 MASTER APPLICATION RECEiVEO PROPERTY OWNER(S) PROJECT INFORMATION NAME: Jerry Brennan PROJECT OR DEVELOPMENT NAME: Brennan Residance Setback Variance ADDRESS: 3405 Lake Washington Blvd N PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE:3411 Lake Washington Blvd N Renton WA CITY: Renton 98056 WA TELEPHONE NUMBER: 425-271-2736 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):312405907 4 APPLICANT (if other than owner) NAME: EXISTING LAND USE(S): Vacant Land COMPANY (if applicable): PROPOSED LAND USE(S): Single Family Residence ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RSF CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): NA TELEPHONE NUMBER EXISTING ZONING: R-8 CONTACT PERSON PROPOSED ZONING {if applicable): NA NAME: Jerry Brennan SITE AREA (in square feet): 8517 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: NA SQUARE FOOTAGE OF PRIVATE ACCESS ADDRESS: 3405 Lake Washington Blvd N EASEMENTS:NA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Renton 98056 WA ACRE (if applicable):NA NUMBER OF PROPOSED LOTS (if applicable): NA TELEPHONE NUMBER AND E-MAIL ADDRESS: C 425-277-4644 jerry_brennan@yahoo.com NUMBER OF NEW DWELLING UNITS (if applicable): 1 Q:weblpw/devserv/fonns/planninglmasterapp.doc 05/23/07 PR" CT INFORMATION (continLi l NUMBER OF EXISTING DWELLING UNITS (if applicable): 0 PROJECT VALUE: $300,000 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): 2125 SF SQUARE FOOTAGE OF EXISTING RESIDENTIAL IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): 1075 SF NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): D AQUIFER PROTECTION AREA ONE D AQUIFER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS AND LAKES D WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. (Attach le!lal description on secarate sheet with the followina information included) SITUATE IN THE _SE QUARTER OF SECTION _31_, TOWNSHIP _24N_, RANGE_5E_, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. _Variance 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) /J Ye, Vl. '1 "i. , declare that I am (please check one) _L the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization} and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct t~. the (~t.oJ,--Y knowledge and belief. I certify that I know or have satisfactory evidenc~ , signed this in e a n I e it be his/h4rltheir free and voluntary act for the uses and pu /re of Owner/Representative) (Signature of Owner/Representative) Q:web/pw/devserv/forrns/planning/masterapp.doc Nota,y Public Slate Of Washington NANCY L IONDEM Mv Appointment Expires lwg 24, 20! O / !/ Notary (PrinU. , , ,u_ I) c: '/ d I ~ cl" /VJ My appointment expires: ,?'/'j f/ · !J. C /(', 2 05/23/07 Legal Description: All that certain parcel 1 as shown on plat of Boundary Survey for Jerry Brennan Railroad Lease Acquisition, recorded January 29, 1999 in Book 127 of Surveys at Page 155, as Recorder's Certificate No. 9901299008, Records of King County, Washington, lying in Section 31, Township 24 North, Range 5 East, Willamette Meridian, King County, Washington, further described for reference as follows: Commencing at the Southeast comer of said Section 31; thence North 01°48'16" East 2455.27 feet; thence North 88°11'44" West, 41.34 feet to a brass disk in the centerline of Lake Washington Boulevard; thence South 20°04'48" West, along said centerline of Lake Washington Boulevard, 405.39 feet to a brass disk and the point of curve to the right; thence along said curve to the right, having a radius of 1602.25 feet, through a central angle of 04°26'44", an arc length of 124.32 feet; thence North 72°18WWest, 186.95 feet to a point on the Southeasterly line of Mountain View Avenue; thence North 24°57'59" East along said Southeasterly line a distance 01209.74 feet to the True Point of Beginning; thence continuing North 24°57'59" East along said Southeasterly line of Mountain View Avenue a distance of 86.94 feet; thence South 70°40'47" East, 96.51 feet to a point 25.0 feet Northwesterly, as measured at right angles from The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) Seattle Belt Line Main Track centerline, as now located and constructed; thence South 20°05'21" West parallel with said Main Track centerline 83.58 feet; thence North 72°18'09" West, 103.98 feet to the True Point of Beginning. Brennan Project Narrative: The proposed Brennan New Single Family residence has a 1075 sq-ft footprint that would be located at 3411 Lake Washington Blvd N. This project would require a shoreline setback Variance to decrease the 25" set back to 19.91 ft at the closest point. A side yard Set back decreasing the 5 foot to 2 foot setback is required on the side adjoining Burlington Railroad right of Way. This vacant lot is currently zoned R-8 and is located between Lake Washington and Burlington Northern Railroad, adjoining Kennydale Beach Park to the north and my existing house to the south. As the dry land on this lot is narrow (tapering from 46 feet wide to 41.4 feet wide) the challenge is in designing a quality house on such a narrow location. Granting of a 19 .91 foot Shoreline and a 2 foot side yard Variance would allow for a house that at the widest foundation would be 23.5 feet, allowing for 1075 sq-ft footprint and a two car wide garage. The house would be a two bedroom, two stories with the daylight basement containing the garage & entry, of approximately 2175 sq-ft living area. The current use of this lot is as an empty storage area for my home landscape projects. During construction of the home I plan to landscape the lot with consultation of a landscape designer and eventually would plan to permit a dock serving the house. The soil of this lot, was lake bottom before the 1909 lowering of Lake Washington, it is composted soil over a sand base with excellent drainage. In addressing the Fire Department requirements addition of a new Fire Hydrant located near the top of my driveway is required. The only Excavation required would be for a foundation work and pin piles per Engineering design. No trees cutting is planned, the.December 2006 wind storm, and the very large Cottonwoods that fell during it, crushed all trees that were in the building footprint. No Job shacks or trailers are planned, just a crew Port-a-potty. The estimated cost for construction is $300,000 as I plan to be the home general contractor. Upon completion of the project the final value is estimated to be $1,250,000, and my family will occupy the house. My family first purchased these lake cabin sites in 1943. This house project does adjoin Lake Washington shorelines, with 19.91 feet being the closet point to the ordinary high water mark. The existing shoreline is a rock bulkhead with a log boom break water between the rocks and lake. This project is below the 35 foot height limit. ,tY u~~o,., .~ + ~,!)~2: a"N'f9 NOTICE OF APPLICATION A Master AppllcaUon hu been fil&d and ac,:ep~ wltll the Developnient Services Division of tho City of Renton. The following brieffy describes the applkatlon and the necessary Public Approvals. PROJECT NAME!NUMBER: Brennan Res1d&nce Vanances I lUA07-D69, V-H, V-A. SME PROJECT DESCRIPTION: The applicant is reques~ng a Shorel,ne Variance, Setback Variance, and Shorel111e Exemption for the construction ot a 2.125 square foot single family residence with a 1,075 squar& foot building fuotptirit The project site totals 8,517 squara feet and is located along lhe shoreline ,;,r Lake Washington The proposal would result in a red11<;tion o1 the 25--foot required ShoreOne setback down to a rru,i,mum of 19 fee! and a reduction of the 5-fool side yard setback down lo a minimum of 2 feet PROJECT LOCATION: 3411 Lake Washington Blvd N PUBLIC APPROVALS: AdminlstraHve Variance, Shoreline Variar,ce, & Shoreline Exemption APPLICANT/PROJECT CONTACT PERSON: Jerry Brennan; Tel (425) 277-46~4: Ernie jerry_brennan@yahoo com PUBLIC HEARING: Public hearir)g is tentatively scheduled !or Aqgust 21 2007 before \AA Ren\cn Haajpq Examiner in Renton Council Chamb§rs. Hearings begin at 9:00 AM on the 7th fioor of the new Renton C,ty Hall located at 1055 south Grady way Comments on th& above application must be eubmltled in writing to Jill Ding, Senior Planner, Development Servl<:Q Divis Jon, 1055 South Grady way, Renlon, WA 96057, by ~:00 PM on August 7, 2007. This matter Is also lentatively echeduled for a public hearing on August 21, 2007, at 9:00 AM, Council Chambers, Seventh Floor, Renkm C•ty Hall. 1055 South Grady Way, Ren1on. If you are mtare.sled in attend,ng the haaring, please contact 1he De\lalopment Ser.ices Dtvision to ensure that the heaiing has nol been rescheduled at (425) 430-72B2 If commenl:1' cannot be submitted 1n wnting by the date indicated above, you may still appear at the hearing and present your comments on the proposal before the Hearing Examiner. If you have quesbons about this proposal, or w'1sh lo be made a party ol record and receive additional lnl01ma~on by mall. please contact the projed manager. Anyone wh<> submits written comments will automatically become a party ol record and will be rioti~ed of any dee ls loo 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: July 11, 2007 July 24, 2007 July 24, 2007 If you would l'ke to be made a party of record to receive further information on this proposed projec~ complete this fonn and return to City of Renton, Development Planning, 1055 south Grady Way, Renton, WA 98057 FIie Name I No: Brennan Residence Variances/ LUAC7--00S. Y·H. V-A. SME NAME.----------------------------- MAJLINGADDRESS· ---------------------------- TELEPHONE NO CERTIFICATION I S " ~~,::p hereby certify that~ copies of the above document , €T~ ~--~ ' ·b d rt \\,\I\\ were posted by me in --+ conspicuous places or arby the descn e prope Yon ,,,,'t_~NN ~"v C.,; h~~--~~~V!.,,. DATE: ?---zL{...eq SIGNED: }rye; ~+ol"'llfJ.' ~11.\ hi d . :; !U ,.<>$ , ATTEST: Subscribedandswornbeforeme,aNotaryPublic,inandfortheStateofWas ngtonres1 mgm ~ \ b-• -j § A " ~, u.,._,F, It. ff i "' /\ , n v.,,,,,,; • 19-\ ~ ....:;..._ .:-ft?o, tH :e . on the~ s ctay of. -o ,_,..,ql., .,,if' ,.,'.'.1"""""'"...-.::..o~ -""'""-~"'-'~-""\) "tifi ~· WAS~::_..~ '""'\\'"'" ... ~y 0 CITY ·~ + F REN'TON Hearing Examiner Fred J. Kaufman 0~" ~) j:l-~ Kathy Keolker, Mayor ~N~~,~---------------------------- September 27, 2007 Jerry Brennan 3405 Lake Washington Blvd. N Renton, WA 98056 Re: Shoreline Variance Request for Reconsideration, LUA 07-069, V-A, V -H, SME Dear Mr. Brennan: This office has reviewed your request for reconsideration in this matter and the response follows below. · As the original report noted, the requirements regarding shoreline variances were amended to increase the protected setback areas from the shoreline. The review indicated that other architectural arrangements including a tandem garage might have enabled a home to be constructed that was more in keeping with the current shoreline regulations. The review also noted that this lot is definitely constrained and that a constrained lot may not be suitable for a normal, routine or full-size home with a two car, side-by-side garage. Nevertheless, the variance was approved for that aspect of the home. The decision also called for respecting the required setbacks in other areas of the lot. The decision also allowed for a much narrower front yard, actually, a zero front yard. In conclusion, there is no reason to alter the decision. The constraints were considered when a part of the variance was permitted but asking for more is overstepping the limitations to a far greater degree than necessary. This decision may be appealed to the City Council by paying the appropriate fee within 14 days of this decision. Sincerely, -=F;~_.J (j ~~~ ~0'J-~-~ Fred Kaufman Hearing Examiner City of Renton FK/nt cc: Neil Watts, Development Services Jennifer Henning, Development Services Jill Ding, Development Services Al & Cindy Provost Rebecca Wynsome & Gary Weil Mike Brown ____ 10_5_5_S_ou-th_G_ra-dy-W-ay---R-e-nt-on-,-W-a-sh-in_gt_o_n_9_8_05_5_--(4-2-5)_4_3_0--6-51_5 ____ ~ ~ This oaoer contains 50''.lt, recvcled material. 30% oostconsumer AHEAD OF THE CURVE Attn: Fred Kaufman Judicial & Legal Services Division 1055 South Grady Way Renton WA 98055 Sept.19, 2007 Subject: Request for Reconsideration and Clarification of Conclusions and Reconunendations. Reference: Shoreline Variance LUA-07-069 Dear Mr. Kaufman I would like to request reconsideration and clarification to your Conclusions and Reconunendations of your Sept 6, 2007 letter on my Shoreline Variance. Under Conclusions, Section 7. "While a variance from the Shoreline setback requirement is reasonable in this case, the applicant has to understand that they own a severely constrained lot. Even a request to acconunodate a two car garage on such a lot could be considered unreasonable. There are homes that have only one-car garages and even newer homes now have tandem parking where cars are parked one in front of the other rather than side by side. While this office will agree with staff and allow the garage arrangement, this office will also agree with staff that outside of the garage footprint, the home should provide the greater setback reconunended by staff. Again, while the City agree that the lot has constraints, the applicant has to agree that the applicant owns a lot with severe constraints and that overbuilding on such lot is not reasonable. " The underlined sentence, allowing a section of the building to have the double garage requested for safety conflicts with the Decision, Section 2, last sentence "The remaining portions of the residential structure shall be required to maintain the minimum required building setback form the waters edge (25 feet) for all other portions of the site. Shown in the drawing Exhibit 11, presented at the hearing, also enclosed here, with outside wall structure the architectural minimum garage width is 22.5 feet. If I am allowed to have the above agreed to double garage, a section of the ground floor would need to intrude into the 25 foot setback for a taper of 1.2 feet to 1. 7 feet, and length of 26 feet for an area of 38 sq-ft. as shown on enclosed Exhibit 12. The need for safety provided to my family by a double garage was reinforced the weekend following our hearing, when after setting fire to adjoining park property (Wooden Guards Bench), two men jumped the fence and hid in the lot I wish to build on. They had gone by the time Police & Fire arrived The proposed 1.7 foot intrusion into the 25 foot setback (Exhibit 12) is much less than that approved in the enclosed Prevost Variance ofLUA-06-024, Exhibits 13 & 14. Based on your decision and input from City Staff, I will move my building site to east property line, I will go back for architecture redesign for the north half of the house, keeping the north upper deck 23 feet away for shoreline. But I do ask that you reconsider and clarify, granting my request and Staff reconunendation for the 22.5 feet south width, or foundation 23.3' from shoreline, allowing the upper deck to be 20.5 feet from shoreline as shown in Exhibit 12. Thank you for your reconsideration of this Variance. Jerry Brennan jerry_brennan@yahoo.com 3405 Lake Washington Blvd N Renton WA 98056 Cell Number (425) 277-4644 cc. Jill Ding enclosures: ~ 0 c..o ~ ~ rri 20' Move Site to East line Decrease width 1 foot MEAN HIGH WATER LOCA TEO 2/05 MEAN SHORE LINE 25' 20' SETBACK LINE ~ ~ "'-1 "' "' rri :C_ ~· r' ~,. ~ '\-:'· Ml 'X ' . .:S-· I~ ~--------------~-------~ := 15' 20] I - WOOD FENCE LINE " ~. Move Proposed Site to East line Decrease Sou th design width 1 ft, redesig Decrease Proposed garage length 20' 1. 2' MEAN HIGH WATER LOCA TEO 2/05 MEAN SHORE LINE 1. 7' ~ 25'23 - WOOD FENCE LINE f----~~=I====;;== .., ',, :s-- 0-- "t-- -l'j ' ! j ' ' ~ IVl 18° ~ .~· 0 " • t Q _, r ' w ~ 0 0 51 \.J\ « t'.i ..., H----__ _..JI ' w 7 '-e- <· <&, ii gl ?jr. 7 ---.,.___ <D ' u ; u 0 . :="= .. I " ~i .. ~ 2~ < • ~ r~ N w ~ w t Cd ~~ ~ -0 ~ N , Q I a I, ,,,_. II u ~ ' :(Q . .. . !$ ,. ...... "--!o -.. -u~ " T~~ 0 ' r 0 1 I ~ j 1 J· -··= I <t:. ~ --1 - Provost Variance File No.: LUA-06-024, V-H June 20, 2006 Page ll DECISION: Ex, 1,. ),, I The Variance to allow a three-story home is denied. The Variances to the Shoreline Setback and the Front Yard Setback are approved subject to the following conditions: I. The minimum allowable setback from the water's edge shall be no less than 15 feet for only that portion of the proposed structure on the south half of the property that is nearest to the existing rock wall. The applicant shall be required to maintain the minimum required building setback from the water's edge (25 feet) for all other portions of the site. The setbacks are illustrated in Exhibit 9, although the exhibit may not be drawn to scale. 2. The applicant shall be required to obtain all other necessary permits and approvals for the proposal (i.e. building permit, certificate of water and sewer availability, etc.). 3. The applicant shall record a restrictive covenant that does not allow any sort of additional structures within any setback areas and all required setback areas shall be maintained as open planted areas or ground level patio. 4. The boathouse may be repaired but shall not be expanded in any direction or have any change to its bulk. ORDERED THIS 20th day of June 2006. HEARING EXAMINER TRANSMITTED THIS 20°' day of June 2006 to the parties of record: Jill Ding 1055 S Grady Way Renton, WA 98055 Mike Brown 3703 Lake Washington Blvd. N Renton, WA 98056 Al and Cindy Provost PO Box 1492 Renton, WA 98057 Rebecca Wynsome Gary Weil 3711 Lake Washington Blvd. N Renton, WA 98056 AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON) ) ss. County of King ) Nancy Thompson being first duly sworn, upon oath, deposes and states: That on the 6'h day of September 2007, affiant deposited via the United States Mail a sealed envelope(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. Signature: SUBSCRIBED AND SWORN to before me this {;fl day of .. .. .. . I,,• ·.--· .. . •, ... . ·, ;:· Application, Petition or Case No.: No Public in and fort e State of Washington R iding at ,4,,,4 4=:-::--, , therein. Brennan Residence Variance LUA 07-069, V-H, V-A, SME The Decision or Recommendation contains a complete list of the Parties of Record. September 6, 2007 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT/OWNER: PROJECT NAME: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: Jerry Brennan 3405 Lake Washington Blvd N Renton, WA 98056 Brennan Residence Variance File No.: LUA 0-069, V-H, V-A, SME 3411 Lake Washington Blvd N Applicants have requested approval of two variances: (I) reduce the required 25-foot setback from the water's edge to a minimum of 17 feet; and (2) reduce the front yard setback from 15 feet to 2 feet. Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on August 14, 2007. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the August 21, 2007 hearing, The legal record is recorded on CD. The hearing opened on Tuesday, August 21, 2007, at 9:05 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Project file containing the original Exhibit No. 2: Site Plan application, reports, staff comments and other documentation pertinent to this reauest. Exhibit No. 3: Basement Floor Plan Exhibit No. 4: First Floor Plan Exhibit No. 5: Second Floor Plan Exhibit No. 6: South Elevation Exhibit No. 7: East Elevation Exhibit No. 8: North and West Elevations Brennan Residence Variance File No.: LUA-07-069, V-H, V-A, SME September 6, 2007 Page 2 Exhibit No. 9: Zoning Map Exhibit No. 11: Revised Site Plan Drawing Exhibit No. 10: Corrected First Page of Staff Report The hearing opened with a presentation of the staff report by Jill Ding, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project site is located along the shore of Lake Washington. It is immediately to the south ofKennydale Beach Park, west of Lake Washington Boulevard N and the Burlington Northern right-of-way. The site is within the R-8 zoning designation. Access would be provided from a private access off of Lake Washington Boulevard N. The proposed new building area is 2,175 square feet. Much of the lot is located underwater. Bisecting the site north to south is the mean high water mark, which leaves approximately half of the land area as buildable area (3,851 square feet). The current regulations do require a 25-foot setback from the ordinary high water mark and a 15-foot setback for the front yard of the residence and a 20-foot setback for the garage. The front yard property line would actually be the property line to the east, facing Lake Washington Boulevard. The existing residences to the south are all oriented to the east so to keep consistency, this property would have the front yard oriented to the east as well. In reviewing this proposal staff determined that it does comply with the Residential Single-Family Land Use Element and Community Design Element. The applicant requested a variance from the 15-foot front yard setback and proposed a 2-foot front yard setback. The applicant owns the property immediately to the south and they were going to do a boundary line adjustment in order to be in compliance with the front yard setback. However, that would not be needed with the front yard being oriented to the east. Due to the fact that approximately half of the parcel is submerged under Lake Washington, the building area is greatly reduced. The 25-foot shoreline setback, which would be the rear yard setback, would greatly reduce the building area. That would allow a maximum six-foot deep building envelope, which does appear to be an undue hardship. The proposed residence would have a depth of23-feet with a 1,075 square foot building envelope. Staff does recommend the approval of a 0-foot front yard setback so that the residence is actually located on the front property line. This proposed 0-foot front yard setback would not be detrimental or injurious to other properties in the area. The granting of the 0-foot front yard setback would allow the applicants to construct a single-family residence with an adequate amount of living space. The applicant is also requesting a variance from Shoreline Master Program in order to reduce the required 25- foot setback from the water's edge. The applicant has proposed a 19-foot minimum setback of the residence itself. There are a couple of upper level decks that would protrude further into the setback, giving them a minimum of 17-feet from the ordinary high water line. By moving the residence two feet with the front yard setback, that would leave a 19-foot setback for the decks and a 21-foot setback for the residence. Again the same special circumstances apply as for the front yard setback. Staff did not initially concur with the request, but upon further review and the submission of a new proposal to reduce the width of the house staff felt it was reasonable. They are now proposing a 1.2 protrusion into the shoreline setback for the house along the south side, and a 2.5 protrusion into the northern portion was proposed as well. This would allow the applicant to maintain the proposal for a two-car garage. Staff stated that they were willing to accept the protrusion for the two-car garage, but were not supportive for the protrusion to be the full length of the residence. The proposal was for a length of 37-feet, staff would like to see Brennan Residence Variance File No.: LUA-07-069, V-H, V-A, SME September 6, 2007 Page 3 the variance permitted for only where the garage is located. The proposed variance would not be detrimental to surrounding properties, would not adversely impact the natural beach area or impede views to, from, or along the water's edge. The proposal would meet all further requirements for a variance. Jerry Brennan, 3405 Lake Washington Blvd N, Renton, WA 98056 stated that he is the applicant and owner of the property. His intent is to retain the property, build a home and eventually retire to that home. He has discussed with his architect the City's concerns and how they might redesign the house to fit the City's needs and at a reasonable cost to himself. The two-car garage is a very important aspect due to the proximity of the park. Since living there, approximately 12 car windows have been broken and the cars broken into. The security that a two-car garage provides is imperative. Using the existing design and pulling a foot of the width the entire length, pulling it to the extreme property line appears to be a workable solution. His goal in keeping the entire length of the house and garage the same width is to be able to incorporate an elevator for later use. He believes his plans are consistent with other homes in the vicinity. A number of other residents in the vicinity have been granted the same variance. These are exceptional circumstances based on the condition of the property that would not normally be applied to other parcels in this vicinity. No one else has such a narrow lot, there are some narrow spots, but this lot is the narrowest. The variance is necessary to preserve the enjoyment and safety of his family. The design is for a reasonable size house on the dry portion of the property, similar variances have been granted in the past and granting this variance does not create any special privilege or undue problems. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:51 am. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. The applicant, Jerry Brennan, filed a request for a variance from shoreline setback requirements and a variance from front yard setback requirements. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non-Significance (DNS). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 3411 Lake Washington Boulevard North. The subject site is located on the shoreline of Lake Washington and west of the Burlington Northern railroad tracks. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family -8 dwelling units/acre). Brennan Residence Variance File No.: LUA-07-069, V-H, V-A, SME September 6, 2007 Page 4 8. The subject site was annexed to the City with the adoption of Ordinance 1791 enacted in September 1959. 9. The subject site is 8,517 square feet but a portion of the lot is submerged under Lake Washington leaving approximately 3,851 square feet of dry, upland for development. 10. Due to slopes east of the site, access to the site will be via an easement across a portion of the adjacent lot to the south and angle into the site from the south. 11. Due to the limited size of the upland portion of the subject site the applicant has requested two variances. One variance was to reduce the front yard setback to 2 feet rather than the 15 feet required. The second variance was to reduce the setback from the shoreline of Lake Washington to 17 feet at a minimum from the required 25 feet. Both the house and shoreline have stepped or irregular boundaries so the setback would vary. The house would be 19 feet from the shoreline while proposed upper level decks would also protrude into the shoreline setback an additional two feet. The applicant has noted that he considers a two-car garage as reasonable and that such a garage requires a width that justifies the shoreline variance. 12. The upland or buildable area of the lot is approximately 46 feet deep. Reducing the lot by a 15-foot front yard setback and a 25-foot rear or shoreline setback would create a building envelope that is six (6) feet deep. Staff concluded that would be unreasonable. 13. Staff has recommended that the front yard setback be reduced to zero feet (O') as a tradeofffor greater setback along the lake. Staff has recommended that the shoreline variance be granted for a varied amount but Jess than requested by the applicant. They recommend a two-foot reduction that would match the front yard variance. In addition, staff recommended that the variance would be greater for only that portion of the home where the garage would be location, reducing the depth of the home outside of the garage footprint area. CONCLUSIONS: Front Yard Variance 1. Variances may be granted when the property generally satisfies all the conditions described in part below: a. The applicant suffers undue hardship caused by special circumstances such as: the size, shape, topography, or location where code enforcement would deprive the owner of rights and privileges enjoyed by others similarly situated; b. The granting of the variance would not materially harm either the public welfare or other property in the vicinity; c. The approval will not constitute a special privilege inconsistent with the limitations on other property in the vicinity; and d. The variance is the minimum variance necessary to allow reasonable development of the subject site. Brennan Residence Variance File No.: LUA-07-069, V-1-I, V-A, SME September 6, 2007 Page 5 The applicant's property appears ripe for the variance requested. 2. The subject site has limited upland area on which to develop a single family home. The dry portion of the lot is only 3,851 square feet. The dry lot is only 46 feet deep. Normal front yard and rear (shoreline) setbacks would leave only 6 feet for a home. As a result of this constraint and to protect the shoreline as much as possible staff recommended reducing the front yard setback to zero thereby creating less pressure to reduce the shoreline setback. This seems like a reasonable tradeoff. Not that long ago the City Council and State modified the shoreline setback regulations to require a greater setback to protect the shoreline environment. So while the limited upland for this property is a constraint, the applicant has to accept that they have a lot with very limited development potential. But the front yard setback should only be reduced to zero feet if the shoreline variance (see below) request is also reduced by that amount and the home's western wall is articulated providing a wider home in the area of the garage and a narrower home where the garage is not a factor. 3. The approval should not adversely affect the general public, as this section of Lake Washington Boulevard is a deadend street and lightly traveled. The railroad tracks actually form a barrier and a reduced front yard will not create any additional stress on the roadway system in this area. 4. Similar variances have been approved in this area since many of the lots are similarly constrained by limited buildable, upland area. The granting of the variance would not grant the applicant a special privilege. 5. While a zero setback is extreme and actually less than the applicant proposed, it allows for greater separation between the home and the lake. The tradeoff is appropriate in this situation. Shoreline Variance 6. ln addition to the criteria noted above, shoreline variances are subject to some additional review criteria taking into consideration the unique and fragile environment along the shoreline. Those particular criteria are: a. Exceptional or extraordinary circumstances or conditions applying to the subject property, or to the intended use thereof, that do not apply generally to other properties on shorelines in the same vicinity. b. The variance permit is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties on shorelines in the same vicinity. c. The variance permit will not be materially detrimental to the public welfare or injurious to property on the shorelines in the same vicinity. d. The variance granted will be in harmony with the general purpose and intent of this Master Program. e. The public welfare and interest will be preserved: if more harm will be done to the area by granting the variance than would be done to the applicant by denying it, the variance will be denied, but each property owner shall be entitled to the reasonable use and development of his lands as long as such use and development is in harmony with the general purpose and intent of the Shoreline Management Act of 1971, and the provisions of this Master Program. Brennan Residence Variance File No.: LUA-07-069, V-H, V-A, SME September 6, 2007 Page 6 7. While a variance from the shoreline setback requirements is reasonable in this case, the applicant has to understand that they own a severely constrained lot. Even a request to accommodate a two-car garage on such a lot could be considered unreasonable. There are homes that have only one-car garages and even newer homes now have tandem parking where cars are parked one in front of the other rather than side-by-side. While this office will agree with staff and allow the garage arrangement, this office will also agree with staff that outside of the garage footprint, the home should provide the greater setback recommended by staff. Again, while the City agrees that the lot has constraints, the applicant has to agree that the applicant owns a lot with severe constraints and that overbuilding on such a lot is not reasonable. 8. The lot is constrained and some relief from the 25-foot shoreline setback is warranted. Staffs recommendation of a modulating rear building line is appropriate. 9. The approval of the variance as suggested by staff will allow development of the parcel and, thereby, preserves the applicant's property right. I 0. The reduction of the shoreline setback does not appear detrimental to other properties. It might be argued that crowding the shoreline is detrimental to the public that deserved a protected shoreline environment. 11. The Master Plan acknowledges that development of the shoreline is permissible and granting ofthis variance is in harmony with that policy. 12. It does not appear that harm will result from permitting this variance. The precedent has been set along this area of the shoreline but, again, the regulations in the past were changed to create a greater shoreline setback. Therefore, any reduction in that greater distance, in itself, distances itself from these newer policies making staffs recommendation to step the rear facade of the home more compelling. 13. In conclusion, developing this lot involves a series oftradeoffs. Both tradeoffs in terms of strict compliance with setback regulations as well as tradeoffs by the applicant in reducing the bulk of the home in some areas to lessen its intrusion into the shoreline setback area. DECISION: The variance from the front yard setback is approved subject to the conditions noted below. The variance from the shoreline setback is approved and it is recommended that the Department of Ecology approve the shoreline variance subject to the following conditions: 1. The site plan shall be revised to shift the proposed residence two feet to the east to maintain a zero foot front yard setback. 2. The minimum allowable setback from the water's edge shall be no less than 22 feet for the proposed IO- foot wide by 3-foot deep first and second story decks located on the south portion of the west fa9ade and 23 feet for the north comers of the proposed IO-foot wide by 3-foot deep first and second story decks located on the north portion of the west fa9ade. The remaining portions of the residential structure shall be required to maintain the minimum required building setback from the water's edge (25 feet) for all other portions of the site. 3. The applicant shall be required to obtain all other necessary permits and approvals for the proposal (i.e. Brennan Residence Variance File No.: LUA-07-069, V-H, V-A, SME September 6, 2007 Page 7 3. The applicant shall be required to obtain all other necessary permits and approvals for the proposal (i.e. building permit, certificate of water and sewer availability, etc.). ORDERED THIS 61h day of September 2007. HEARINGE TRANSMITTED THIS 6th day of September 2007 to the parties of record: Jill Ding Jerry Brennan 1055 S Grady Way Renton, WA 98055 3405 Lake Washington Blvd N Renton, WA 98056 TRANSMITTED THIS 6th day of September 2007 to the following: Mayor Kathy Keolker Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Renton Reporter Mark Peterson, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title IV, Chapter 8, Section IOOGofthe City's Code, reguest for reconsideration must be filed in writing on or before 5:00 p.m., September 20, 2007. Any aggrieved person feeling that the decision of the Examiner is ambiguous or 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 a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75 .00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m .. September 20, 2007. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be reguired prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. Brennan Residence Variance File No.: LUA-07-069, V-H, V-A, SME September 6, 2007 Page 8 The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. Project Location: 3411 Lake Washington Blvd N EXISTIN HOUSE 20.00' 86.94' LAKE WASHINGTON -· ..... a ~ ~ (/) ~ 0 ..... CX) c5 (0 ni Legal Onc#pllon: N24°57'59"E All that certain pa/T/1!111 11;1,1 .shoY<1'l on plat of Ba11ndlly SUM)! for Jerry Bnmnan RBI/road I.ease Ac,quls/ffon, ruoorded Jan1Jary 29, 1999 fn Boo/( 127 afSurwya st PSQ(I 165, 11'9 Record9r's CertMcefll No. 9901299008, Reooldti of1<1ng Counly, WashJngton, lylng In Section 31, Township 24 North, Range 5 Ent, W11/smette Merldlan, K1ng Cmmry, Wuhfngfon, lit.rther ~ l'1't" mferrmc,, a, followa: Commencing at tti. &Jutlteaat comarolnkl SectJon 31; lhance North 01•.fB•1e• Ent. 2455.21 fHt: thence North 88"11'44" West, 41.34 feet lo a bran disk In the 0111nterllnf! of i..ke Washlngm11 Boulevrmt; 1'1'18noa South 20°04"48" WNt, along Nld centerline of l.aM Wsshlnglon Baulnlllffl'.i', 405..39 fmit lo a brae df8k tlfld 1h11 point of QIIW to !he rlgN; thence 8/rmg a.aid CUM! fo ths tts1ht. having a nidTus of 1602..25 fHI,. through• centn,f -~ of04"26'44", an arc length of 124.32 "'81; thence North 72"18W West. 188.95 fNt tJ a point on the Southnmrly 11M afMcunt9fn \/few AVlffllHI; l'hence Nor11'124'57'Mr Ent &Jong N1d Sou!heasteny fine a dl/JtJ!nce af 209.74 t.et to lhe TIUtl PoJntof a.gJnnlng; lhllt'IOlt oorrtJnulng North 24'57'59' East along uld Southnst8t1y fine of Mtu.Jntaln \/few AYIMU!I a dlstaoo, ol 88,9,f. feet; fl'leM9 South 70'"1'41" Ent. 96.51 fMt Jo B poJr,t 25.0 fset No.1flW8SletfY, B! mf1fllHt1d lit right flng/n ltom, The 8url/nglM NorlhBm llfld Sante Fe Ra/Jway Company's {fom)erly Na1hem Pacll/c ~ CompenyJ &111:ttte Sett Une Main TIIICk centerlJne, as /IOW lt:>camd and eonwuctad; lhence Soolh 20-05'21" West psra/l!f wffl'l 1t1/d Main Tnrclramterlln6 83.58 feet &'lenol5I North Tr18'09" Wflt, 103.9B feet to the TIW Po/n! of Beginning. MEAN HIGH WATER LOCATED 2/05 I ROCK BULKHEAD ------.:.JJEXISTIN PATIO 11" I ~VJ~ 19.91 (0 ~ 01 ..... (/) c:l ~ a .i::;: ""-.J rri .,oS BRENNAN CONSTRUcnbN OF NEW SINGLE F AMIL f RESIDENCE f OWNER: JERRY BRENN N 3405 LK WASH BL VD RENTON WA 98056 PIN # 3124059074 LOT AREA 8517 sf PROPOSED BLD 1075 if LOT COVERAGE 12% SCALE = 1" = 20' . CITY OF RENTON KENNYDALE BEACH 20.00' REAR I iJ;j.::Jlj' 30 I ACCESS ESMT. REC. NO. WO D FENCE LINE /\ BUILDING SETBACK1 19990628001968 2.00' le) SIDE SETBACK C"\I a ("\I I BURLINGTON NORTHERN RAILROAD LAKE w A ,c; "F-fTN(; rn ~T RT.,!n ~fLANi'll 1.¢_ · ,:.,.JTOM JUL 1 1 2007 RECEIVED 1----~-· __ . _._. ·~~---1= s lal lal - :2 a ® I ZONING P/8/FW TIICIINICAL BBR.VICl!S OUZ8/07 CDR >/ l /iOtl;t St : .... / !_1R-, ,8Zf -i;st:1[~_ :ZL R-'---s. ' -·- -L. -··R'8:··-·- ····r . D4 • 5 T23N R5E W l/2 R-B<Pf ____ ' .i _ _j ____ _ ', ' <[ u ~-·--·····-z <l) ~-·-···· JCA, 0 eyo tyo C4 1;4800 32 T24N R5E W 1/2 543:t ST A TE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a bi-weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a bi-weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on August I I, 2007. The full amount of the fee charged for said foregoing publication is the sum of$92.40. ' ' ~P~us)/J ~df Legal Advertising Representative, Renton Reporter Subscribed and sworn to me this 15th day of August, 2007. 111 .,,11 ,,,,, ,,,,,''o .~.':.~.,. ,(!_,,,, c;;_· , ;t, ~ <o •• ;;,ssio,v~-. <o ~ h DOZZL Jr!J § /~·d +\·.ci-% B D Cantelon ( :::: U:, i NorAF/y wl = Notary Public for the State of Washington, Residing in ~~/~asli'/rl§tdio / ~ § P. 0. Number: ,:. <f:' ··8.~,, .. ·"O ~ ;, 0 ·~.?1 /20"\~.-· ,.:,.._ ..... ,.:- ,, 'IC-••••••• ,,:,.~ ' ~/. WA"''M, \ ,,,, •'I ,..., \ 'r1,,:n"\' NOTICE OF PUBLIC HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON A Public Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of Renton City Hall, 1055 South Grady Way; Renton, Washini,>ton, on August 21, 2007 at 9:00 AM to consider the following petitions: Brennan Residence Variances LUA07-069, V-A, V-H. SME Location: 34 l.1 Lake Washingt.on Blvd N. Description: The applicant is requesting a Shoreline Variance', Setback Variance, and Shoreline Exemption for the construct.ion of a 2,125 square foot single family residence with a 1,075 square foot building footprint. The project site tot.ali:. 8,517 Rquare feet and is located along the shoreline of Lake Washi111:,>ton. The propoi;al would rei:.ult in a reduction of the 25-foot required Shoreline setback down to a minimum of 19 feet and a reduct.ion of the 5-foot s.ide yard setback down to a minimum of 2 foct .. AU interested persons are invited to be present at the Public Heuring to express their opinions. Questions should be directed to the Hearing Examiner at 425-430-6515. Published in the Renton Reporter August 11, 2007. #863912. CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 14th day of August, 2007, I deposited in the mails of the United States, a sealed envelope containing Preliminary Report to the Hearing Examiner documents. This information was sent to: Name Jerry Brennan (Signature of Sender): , ~ ~ STATE OF WASHINGTON ) ) ss COUNTY OF KING ) Project Name: Brennan Residence Variances Project Number: LUA0?-069, V-A, V-H, SME Reoresentina Owner/Applicant/Contact COMMENCING AT 9:00 AM, CITY OF RENTON HEARING EXAMINER PUBLIC HEARING August 21, 2007 AGENDA COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The application(s} listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. PROJECT NAME: Brennan Residence Variances PROJECT NUMBER: LUA-07-069, V-A, V-H, SME PROJECT DESCRIPTION: The applicant has requested two variances: (1) from RMC Section 4-3- 090L.14.b of the Shoreline Master Program in order to reduce the required 25 foot setback from the water's edge to a minimum of 17 feet; and (2) from RMC 4-2-110A in order to reduce the required front yard setback from 15 feet to 2 feet. Variance approval would result in the construction of a 2,175 square foot 2-story single family residence on an 8,517 square foot vacant site. The subject property is located within the Urban Shoreline Environment. HEX Agenda 8-21-07.doc PUBLIC HEARING City of Renton Department of Planning I Building I Public Works PRELIMINARY REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST: Public Hearing Date: Project Name: Applicant/Owner! Address: File Number: Project Description: Project Location: August21,2007 Brennan Residence Variances Jerry Brennan 3405 Lake Washington Blvd N Renton, WA 98056 LUA-07-069, V-H, V-A, SME Project Manager: Jill K. Ding The applicant has requested two variances: (1) from RMC Section 4-3-090L.14.b of the Shoreline Master Program in order to reduce the required 25 foot setback from the water's edge to a minimum of 17 feet; and (2) from RMC 4-2-110A in order to reduce the required front yard setback from 15 feet to 2 feet. Variance approval would result in the construction of a 2,175 square foot 2-story single family residence on an 8,517 square foot vacant site. The subject property is located within the Urban Shoreline Environment. 3411 Lake Washington Blvd N City of Renton PIBIPW Departmen BRENNAN RESIDENCE VARIANCES August 21, 2007 B. EXHIBITS: Preliminary Report to the Headng Examiner LUA-07-069, V-H, V-A, SME Page 2of8 Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project C. 1. 2. 3. 4. Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Site Plan Basement Floor Plan (dated 1/20/2007) First Floor Plan (dated 1/20/2007) Second Floor Plan (dated 1/20/2007) South Elevation {dated 1/20/2007) East Elevation (dated 1/2012007) North and West Elevations (dated 1/20/2007) Zoning Map Sheet C4 west Y, (dated 2/28/2007) GENERAL INFORMATION: Owner of Record: Jerry Brennan Zoning Designation: Residential -8 DU / Acre (R-8) Comprehensive Plan: Land Use Designation Residential Single Family Existing Site Use: Vacant 5. Neighborhood Characteristics: 6. 7. 8. North: East: South: West: Access: Site Area: Project Data: Existing Building Area: New Building Area: Total Building Area: Brennan HEXRPT.DOC Kennydale Beach Park; Burlington Northern Railroad right -of -way, Lake Washington Boulevard North, and single family residential; single family residential; Lake Washington via private access drive from Lake Washington Boulevard North 8,517 square feet area N/A. 2,175 s.f. 2,175 s.f. comments City of Renton PIBIPW Department BRENNAN RESIDENCE VARIANCES Preliminary Report to the Hearing Examiner LUA-07-069, V-H, V-A, SME August 21, 2007 Page 3 of 8 D-HISTORICAUBACKGROUND: E. 1. 2. 3. 4. 5. Action Annexation Land Use File No. N/A Ordinance No. 1791 Comprehensive Plan Zoning PUBLIC SERVICES: Utilities: N/A N/A N/A N/A Water: Sewer: Surface Water/Storm Water: Fire Protection: Transit: Schools: Recreation: 1800 1804 5099 5100 City of Renton City of Renton exempt per City of Renton NIA Located in Renton School District Parks per City of Renton Parks System Date 9-8-59 10-13-59 12-8-59 11-1-2004 11-1-2004 F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 3 Environmental Regulations and Special Districts Section 4-3-090: Shoreline Master Program Regulations 3. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations Section 4-4-060: Grading, Excavation and Mining Regulations Section 4-4-080: Parking, Loading and Driveway Regulations Section 4-4-130: Tree Cutting and Land Clearing Regulations 4. Chapter 9 Procedures and Review Criteria 5. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: Compliance with the Comprehensive Plan Designation. The subject site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. The objective established by the RSF designation is to protect and enhance single-family neighborhoods. The proposal is consistent with the RSF designation in that it would provide for the future construction of a single- family home. The proposal is consistent with the following Comprehensive Plan objectives and policies for Community Design and Housing Elements: Brennan HEXRPT.DOC City of Renton P/8/PW Department BRENNAN RESIDENCE VARIANCES Preliminary Report to the Hearing Examiner LUA-07-069, V-H, V-A, SME August 21, 2007 Page 4 of8 Community Design Element Objective CD-C: Promote re-investment in and upgrade of existing neighborhoods through redevelopment of small, underutilized parcels, modification and alteration of older housing stock, and improvements to streets and sidewalks to increase property values. The existing parcel currently is underutilized as the site is currently vacant. The proposal would result in an upgrade of the existing housing stock in the neighborhood through the construction of a new single family residence on an existing underutilized parcel. Policy CD-14. Architecture of new structures in established areas should be visually compatible with other structures on the site and with adjacent development. Visual compatibility should be evaluated using the following criteria: a. Where there are differences in height (e.g., new two-story development adjacent to single- story structures), the architecture of the new structure should include details and elements of design such as window treatment, roof type, entries, or porches that reduce the visual mass of the structure. b. Garages, whether attached or detached, should be constructed using the same pattern of development established in the vicinity. c. Structures should have entries, windows, and doors located to maintain privacy in neighboring yards and buildings. Based on pictures supplied by the applicant it appears that the proposed single family residence would be visually compatible with other existing residences in the neighborhood. H. APPLICABLE SECTIONS OF THE SHORELINE MASTER PROGRAM: 1. RMC 4-3-090J Urban Environment: (4-3-090J.5 Use Regulations). 2. RMC 4-3-090K General Use Regulations: (4-3-090K.3 Compatibility and Aesthetic Effects). 3. RMC 4-3-090L Specific Use Regulations: (4-3-090L.14 a-c Residential Development -a. Adequate public utilities are available; and b. Residential structures are set back inland from the ordinary high water mark a minimum of 25 feet; and c. Density shall not increase beyond the zoning density outlined in the Renton Comprehensive Plan and Zoning Code. 4. RMC 4-3-090M Variances and Conditional Uses. I. ZONING CODE VARIANCE CRITERIA The applicant is requesting a variance from the 15-foot front yard setback requirement of the Zoning Code for a primary residence. In addition a 15-foot setback from the edge of the access easement is required for a primary residential structure. The applicant has proposed a 2-foot setback. The variances requested must be considered with regard to the criteria noted below. Renton Municipal Code Section 4-9-2508.5.a -d The Hearing Examiner shall have authority to grant a variance upon making a determination, in writing, that the conditions specified below have been found to exist: 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 Brennan HEXRPT.DOC City of Renton PIBIPW Department BRENNAN RESIDENCE VARIANCES Preliminary Report to the Hearing Examiner LUA-07-069, V-H, V-A, SME August 21, 2007 Page 5of8 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 applicant's proposal designates the south property line as the front yard and the north property line as the rear yard. Staff has reviewed the proposal and based on the orientation of the existing residences in the immediate vicinity of the project site and due to the address of the property being off of Lake Washington Blvd N, which is located to the east of the project site the east property line shall be designated as the front property line and the west property line (in Lake Washington) shall be designated as the rear property line. Therefore, although the applicant has requested a side yard setback variance, based on the yard assignment by staff the applicant is now requesting a front yard setback variance for a 2-foot front yard. The project site is located along the shoreline of Lake Washington and approximately half of the existing parcel is submerged, thereby greatly reducing the buildable area. In addition, the required shoreline setback from the Ordinary High Water Mark of Lake Washington is 25 feet, which is greater than the normally required 20-foot rear setback required in the R-8 zone. If the applicant were required to comply with the 15-foot front and 25-foot shoreline setbacks, the building depth of the single family residence would be permitted at a maximum depth of 6 feet, which would be an undue hardship. The proposed residence would have a depth of 23 feet and would result in a 1,075 square foot building envelope. Staff supports a reduction in the front yard setback and recommends that a zero setback be permitted from the front property line to move the proposed residence further away from the Lake Washington shoreline. 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: The granting of the front yard setback variance would not be detrimental to the public as the proposed residence would abut existing Burlington Northern Railroad right-of-way. There are no abutting property owners in the vicinity that would be adversely impacted by the recommendation for a zero foot front yard setback as recommended by Staff. 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: The granting of the recommended front yard setback variance would not constitute a grant of special privilege as many of the surrounding properties have a much larger buildable area resulting from having a larger area that is not submerged underneath Lake Washington. In addition, the required 25-foot shoreline setback is larger than the 20-foot rear yard setback that is typically required in the R-8 zone. The recommendation for a zero foot front yard setback would allow for the construction of a new single family residence that is compatible with other existing single family residences in the immediate vicinity. d. That the approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose: The proposed setback would permit the applicant the ability to build the proposed single family residence. The applicant has proposed a residence with a maximum building footprint of 1,075 square feet and indicates that this is the minimum necessary to accomplish their purpose of constructing a single family residence with an adequate amount of living space. J. SHORELINE MASTER PROGRAM VARIANCE CRITERIA: The applicant is requesting a variance from Shoreline Master Program in order to reduce the required setback of the structure from the water's edge. A 25-foot setback from the water's edge is required, and Brennan HEXRPT.DOC City of Renton PIBIPW Department BRENNAN RESIDENCE VARIANCES Preliminary Report to the Hearing Examiner LUA-07-069, V-H, V-A, SME August 21, 2007 Page 6of8 the applicant is proposing a minimum setback of 17 feet as measured from the upper level decks proposed along the southwest portion of the building. The criteria noted below must be considered with regard to the variance request. Renton Municipal Code Section 4-9-1901.4.b.i-vi The Land Use Hearing Examiner must find each of the following: i. Exceptional or extraordinary circumstances or conditions applying to the subject property, or to the intended use thereof, that do not apply generally to other properties on shorelines in the same vicinity. Approximately half of the subject property is submerged under Lake Washington, which impacts the amount of buildable area available once the setback requirements have been considered. The City's current shoreline regulations require a 25-foot setback from the OHWM. The applicant has proposed a minimum setback of 17 feet from the OHWM once the proposed upper level decks on the south portion of the west fac;:ade are considered and a 19- foot minimum setback for the residence itself. Staff has recommended approval of a front yard setback variance from the east property line down to zero feet, which would shift the proposed residence 2 feet to the east and result in a minimum 19-foot setback for the decks and a 21- foot setback for the residence. Due to the large amount of the subject property being located under water, there do appear to be exceptional circumstances that apply to the subject property that do not apply to other properties on shorelines in the same vicinity. The property to the south and Kennydale Beach Park to the north both have much more usable land area than the subject property. ii. The variance permit is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties on shorelines in the same vicinity. The requested variance would permit the applicant to construct a home that has a maximum footprint of up to 1,075 square feet of floor area. Staff does not concur that the magnitude of variance requested is necessary for the preservation and enjoyment of a substantial property right. Staff has supported the approval of a zero setback from the east property line, which would allow the applicant to shift the proposed residence away from the shoreline two feet. This would result in the request for a 19-foot setback from the OHWM for the upper level decks on the south portion of the west fac;:ade, a 22-foot setback for the south portion of the residence and a 21-foot setback for the north portion of the residence. As there is additional side yard available for expansion of the residence further to the north, staff recommends that the footprint of the residence be required to comply with the 25-foot shoreline setback. However, as the proposed decks located on the south portion of the west fa<;:ade are upper level decks and would not have the same magnitude of adverse impacts on the shoreline that the footprint of the residence would have, staff recommends allowing the decks proposed on the south portion of the west fac;:ade to protrude 3 feet into the shoreline setback provided the deck is no wider than the 10-foot wide decks that are proposed. Staff also recommends allowing the north corners of the decks proposed on the north portion of the west fa<;:ade to protrude 2 feet into the 25-foot shoreline setback, provided the decks are no wider than the 1 a- foot wide decks proposed. This would preserve the applicant's right to develop a residential home comparable or less than comparable to the other existing homes in the immediate vicinity of the proposed dwelling. iii. The variance permit will not be materially detrimental to the public welfare or injurious to property on the shorelines in the same vicinity. Brennan HEXRPT .DOC City of Renton P/8/PW Department BRENNAN RESIDENCE VARIANCES Preliminary Report to the Hearing Examiner LUA-07-069, V-H, V-A, SME August 21, 2007 Page 7 of 8 The proposed variance would not damage the public welfare or injure adjacent properties as the proposed residence would not adversely impact a natural beach area, or public access point. Nor would the reduced setback impede views to, from, or along the water's edge. iv. The variance granted will be in harmony with the general purpose and intent of this Master Program. The Shoreline Master Program encourages uses along the shoreline that are not view obstructing, that do not disturb the community, and that have an appropriate design theme. The applicant's proposal would meet "Use Compatibility and Aesthetic Effects" portion of the Shoreline Master Program. Adequate utilities are available to serve the use, and the proposed use would not exceed density allowed by the Zoning Code. If the recommended variance is granted, then the proposal would satisfy the criteria noted in the "Residential Development" portion of the Shoreline Master Program. v. The public welfare and interest will be preserved; if more harm will be done to the area by granting the variance than would be done to the applicant by denying it, the variance will be denied, but each property owner shall be entitled to the reasonable use and development of his lands as long as such use and development is in harmony with the general purpose and intent of the Shoreline Management Act of 1971, and the provisions of this Master Program. The requested variance would not result in harm, as staff recommends that the residence comply with the 25-foot setback requirement and that the proposed upper level decks be permitted to protrude into the shoreline setback as previously discussed under ii above. The design of the site and structure appear to be harmonious with the stated policies of the Master Program. K. DEPARTMENT ANALYSIS: 1. PROJECT DESCRIPTION/BACKGROUND The applicant is proposing to construct a new single family residential dwelling on an existing parcel located adjacent to Lake Washington. The site area totals 8,517 square feet, however the parcel extends into Lake Washington and approximately half of the parcel is submerged. The applicant would develop a new residence with a maximum proposed building footprint of 1,075 square feet for a total new building area of 2,175 square feet. Access would be via a private access road from Lake Washington Boulevard North. The proposal would require minimal grading in order to excavate for the foundation of the proposed residence. No trees are required to be removed. The proposed structure would be two stories in height with a recommended front yard setback of zero feet, a side yard setback from the north property line of 17 feet and a side yard setback from the south property line of 15 feet, and recommended a rear yard (shoreline) setback of 25 feet for the residence with provisions for a maximum 3-foot protrusion for some upper level decks. The minimum rear yard setback of 20 feet as required by the R-8 Zone would be met, as the actual lot lines for parcels abutting Lake Washington extend into the lake. The proposal appears to comply with maximum lot coverage requirements which allow up to 35% lot coverage on parcels that are greater than 5,000 square feet in size and permits 50% lot coverage on parcels that are less than 5,000 square feet in size. Lot coverage would be approximately 29% for the new residence as compared to the available land area. As proposed, the new residence would require two variances; one from the development standards governing the front yard setback requirements, and a second variance from the Brennan HEXRPT.DOC City of Renton P/8/PW Department BRENNAN RESIDENCE VARIANCES Preliminary Report to the Hearing Examiner LUA-07-069, V-H, V-A, SME August 21, 2007 Page Bot 8 setback restrictions of the Shoreline Master Program. Specifically, the applicant requests to vary from RMC 4-2-110A which requires a minimum front yard setback of 15 feet for the primary structure, a variance to reduce the 15-foot front yard setback to 2 feet is requested. In addition, the applicant requests to vary from the Shoreline Master program which requires a minimum 25- foot set back from the water's edge. A minimum 17-foot setback is proposed from the water's edge. Staff has reviewed the proposal with regard to the applicable variance criteria for the height, front yard setback, and the shoreline variance as noted in Sections I and J above. 2. STAFF REVIEW COMMENTS Representatives from various city departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. Generally, no major impacts or comments were noted by staff reviewing this proposal. L. RECOMMENDATION: Staff recommends approval of the Brennan Residence Variances, Project File No. LUA-07-069, V-H, V- A, SME subject to the following conditions: 1. The site plan shall be revised to shift the proposed residence two feet to the east to maintain a zero foot front yard setback. 2. The minimum allowable set back from the water's edge shall be no less than 22 feet for the proposed 10-foot wide by 3-foot deep first and second story decks located on the south portion of the west fa<,ade and 23 feet for the north corners of the proposed 10-foot wide by 3-foot deep first and second story decks located on the north portion of the west fa<,ade. The remaining portions of the residential structure shall be required to maintain the minimum required building setback from the water's edge (25 feet) for all other portions of the site. 3. The applicant shall be required to obtain all other necessary permits and approvals for the proposal (i.e. building permit, certificate of water and sewer availability, etc.). Brennan HEXRPT.DOC EXISTIN HOUSE TO - ..... 0 v.l ~ HYDRANT 250' TO BE INSTALLED (/) ~ 0 ..... 0::, c5 (.0 ni 86.94' LAKE WASHINGTON Legat o-:ription: N24°57'59"E AR /hat certain pa/'091 1 118 shown on plat of Baundsfy &i,wy for Jarry Brennan Ral/road Lease Acqulslllon, recoo:J9d JanUBf}' 29, 1999111 Book 127 of SUM1ys at Page 155, ss Rl!ICOltl6r's Cel1iffca/e No. 9901.299008, R~ of KJng Covnty, Washington, Jylng rn Section 31. TIMnShlp 24 Nart/1, Range 5 East, !Milamette MerldJan. KJng eoumy, Washington, futther dam;rlb&d for rafersnce .a, li>llows: Commencing at Iha ~t oomer of said Secik:Jn 3 I: lhenoo Norlh 01"48'18• East, 2455.27 feet; thence North 88"11'-44" West, 41.34 feet 11:i a bras5 disk In the renlerline of Lake Washington Boulevard; lllence South 20°04'48" West, along said oenlerline of Lake Washington BouJevard. 405.39 l'tlet to a brass disk and the point of CUIY8 to the right· thence 8/ong Sllid CUIV6 to the right, /Jal/Ing 8 rsdJUs of 1602.25 feet, through 8 cenb'al Bng/fJ of04"26'44", an an:: length of124.32 '991; thence North 72"18WW9st, 188.95 '991 kl a point on Jhe SOulhElssterty l/n9 of Mountain vrew AV9rn.lEI; th9tlc9 North 24"51'59" Esst along said Sau1tl69st9rly /Illes distance of209.74 ,-to Iha TIU8 PoJntofEktglnning; thence 0011ffnu!ng Norfh 24•5r59• Easl along said So~ /Ina ofM01.mtain V,ew Al/llflUII a dis.lance of 88.94 feet; thsncs South 70'40'47' EIISt, 96.51 faet to a point 25.0 fs6t NorlflWBS1a!ly, as messul!ld .at right angles 1rom The But1/ng1Dn Northsm and SanlB HI Railway Company's (fafmBlly Northam PacJfic Rsllway Company) SBatt1e 8&/t. LlnB Main Tntd: csnlarline, as oow localsd and construdsd; thsncs South 20'05'21" Wnt pars/Jsl witfl said Main Tn,cio; C8111arline 83.58 foot; lhenai North 72'18'09" W8st, 103.98 "'6t to /he True Point of Beginning. MEAN HIGH WATER LOCATED 2/05 ROCK BULKHEAD 20----- 24 ~ 0, ..... (/) 2:l ~ 0 .i:,. "I ni BRENNAN CONSTRUCnON OF NEW SINGLE FAMILY RESIDENCE OWNER: JERRY BRENNAN 3405 LK WASH BL VD N RENTON WA 98056 PIN # 3124059074 LOT AREA 8517 sf PROPOSED BLD 1075 sf LOT COVERAGE 12% SCALE = 1" = 20' Cl TY OF REN TON K[NNYDAL[ BEACH 20.00' REAR ~ ~ ..---~~-~J~ 30~ t BUILDING SETBACKS 0 El WO D FENCE LINE I\ 20.00' ----ACCESS ESMT. REC. NO. 19990628001968 2~00' SIDE SETBACK ~ BURLINGTON NORTHERN RAILROAD LAKE WASHINGTON BLVD. 0 C\j JU[ i ,,p. ,,.-..!?. ' ";ij:J,.,. { . NORTH ~ . - - ·-- II I _l_ I . ~. ii - ~ -- -I -.r11 I • •1cr • " i ( ~ i 'ill e I -I I l1L I I I~,~ I 1,-L 11 ---1-1, . I ., @ ~!t I I -I--: . ~ -l n • I I I I I I I = 'I ~ .. • 1 r1 l I •. ,• . 'I' ,i J !1::11 ! ! 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' DD z DD 0 F I ..: I > w I ~ 11 w f-1' VJ I ,I w ••• ,< 11 1! • 1111, . l!lh nm . ~ z 0 F ..: > w ~ w I f- [l'. 0 z • . . 11 w 11 • B4 · 29 T24N R5E W 1/2 COR o.c;;, ~ -~ ~ ~,g; R-8 N 38th R-8 N 37th j~R-e N 33rd. Pl R~B j t::: R~~e I; R-e Iv 331 ct 5 t R-e I o l:IT=D I e R-a ) ~ ~~~R_-_8 _N_·_3_2_n_d_S_t __ _,_ ! l)==RR--""'Be-=l ia==----+===R_-~ __ e;..il ~ R-e II 31st St . R-8 R-8 z COR (X) I R-8z o,:: CL) :> St -.o:: R-8 N 34th St R-8 N 32nd St. R...,.8 CN R-8 D4 • S T23N R5E W 1/2 ----:Renton dtly Limit,! CN R-B<P) R-8 <[ u 0 230 4.QO CA CA NE 43 ~ CL) ~ CA C4 ~ ZONING ~ = TBCHNICAL SERVICB8 32 T24N R5E W 1/2 5432 Z'lNING MAP sor·< 74 92 26 T24N R4E 82 25 T24N .A4E 93 83 30 T24N R5E 455 r 13\ i9T24N R5 2B T24N ASE, 459 i '-·--·---· 86 137 UKl!BOREN i 27 T24N ASE 26 T24N RSE ___ _j 464 i _______ ., 81 94W 455\N 458 460 C1 C2 C3 CS. C6 -c7 35 T24N R4E 36 T24N R4E 31 T24N ASE ; 35 1124N ASE 306 307 ~~· 8 309 8 ) 801 D1 D3 \\D4 D&J-07 3 r23N ASE r 2 T23N ASE 2T23N R4E. !1 23NR4E 3tff r . _ _J1 _3J_l E2 i. T 3NR4E 12· T23N R4E D 321l'"' . ~ F1\: 4 T23N R4E · \ -13 T23N R4E 18 T23N ASE 334 '{l35 336 G1 't32 3 T23N R4E 24 T23~ R4E 22N R4E 34 I ~Ht2 H3 2s·r2s~ R4E 30 T23N ASE '35f ' ) _ 'j_ _____ _ : 12 36 T23N R4E 607 J2 1 T22N-R4E 6 T22N ASE RESIDENTIAL ~ Resource Conservation g R~11idential 1 du/ac g Residential • du/ac ~ Re11idential 8 du/ac ~ Residential Yanufectured Homes ~ Reajdential 10 o:tu/ac a Residential 14 du/ac \ RM-t\ ReaidenUal YulU-Famlly 5;23N A5E 4 T23N ASE 319 369 805 E4 ES 8T23N ASE 9T23N ASE 10 T23N ASE 328 370 810 8~ 'F4 F5 _fro, ·4ry 17 T23N ASE 16 T23N R5E 1 T23N ASE 14 T23N ASE 337 371 815~ 816 '---.......-- HS H6 H7 29 23N' ASE 2S T23N ASE 27 T23N ASE 26 T23N RsE ~4 605 825 826 Jl4 15 16 -17 33 T23N Rit 34 T23N ASE 35 T23N ASE 610 632 833 JS J.6 J7 5 T22N R5E 4 T22N'l~SE 3 T22N ASE 2 T22N ASE MPIBD USE CENTER ~ Center Villae;e \ut>NI) Urban Center -North 1 [~ Urban Center -North 2 ~ Center Downtown• I COR I Commerdo.1/0ffice/Resldential COMMERCIAL. ~ Commercial Arterial• ~ Commercial Office• !NDIJSTRIAL W Indu~trial -Heary 0 Industrial -Medium 0 Industrial -Light (P) Publicly O'OmCd -----Renton City Ll.mitl!I --·---Adjacent City Limits -Book Page11 Boundary 25 8 c, 3€ Y(.)ll 1 T2 IRM-T I Residential Mulli-family Traditional IRM-ul Residential Multi-fe.mily Urban Center• ~ Commercial Nei,:bborbood KROLL PAGE Printed by Print & Mail Services, City of Renton • U:ay include Overlay Dlatri~te. S~ Appendi.J: maps. For additional re1:ulations lD Overlay District.,,, pleaBe 11ee RMC 4-3. PAGE# INDEX City of nenton Department of Planning I Building I Public .. orks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: r:. · ~-1 t-, U"'l11C,I~.' APPLICATION NO: LUA0?-069, V-A, V-H, SME APPLICANT: Jer~, Brennan PROJECT TITLE: Brennan Residence Variances SITE AREA: 8,517 sauare feet LOCATION: 3411 Lake Washington Blvd N COMMENTS DUE: AUGUST 7, 2007 DATE CIRCULATED: JULY 24, 2007 PROJECT MANAGER: Jill Dina PLAN REVIEW: Jan Illian BUILDING AREA (aross): 2,125 sauare feet I WORK ORDER NO: 77776 SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Variance, Setback Variance, and Shoreline Exemption for the construction of a 2,125 square foot single family residence with a 1,075 square foot building footprint The project site totals 8,517 square feet and is located along the shoreline of Lake Washington. The proposal would result in a reduction of the 25-foot required Shoreline setback down to a minimum of 19 feet and a reduction of the 5-foot side yard setback down to a minimum of 2 feet 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 Housin_q Air Aesthetics Water LiqhVG!are Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy! Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feer 14,000 Feer 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. Signature of Director or Authorized Representative City of Renton Department of Planning I Building I Public vv'orks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: APPLICATION NO: LUA07-069, V-A, V-H, SME APPLICANT: Jerry Brennan PROJECT TITLE: Brennan Residence Variances SITE AREA: 8,517 square feet LOCATION: 3411 Lake Washington Blvd N COMMENTS DUE: AUGUST 7, 2007 •.1,, ,,, .. , . , DATE CIRCULATED: JULY 24, 2007 PROJECT MANAGER: Jill Dina JUL . ~ , PLAN REVIEW: Jan Illian BUILDING AREA /oross\: 2,125 sauare feet I WORK ORDER NO: 77776 -. SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Variance, Setback Variance, and Shoreline Exemption for the construction of a 2,125 square foot single family residence with a 1,075 square foot building footprint. The project site totals 8,517 square feet and is located along the shoreline of Lake Washington. The proposal would result in a reduction of the 25-foot required Shoreline setback down to a minimum of 19 feet and a reduction of the 5-foot side yard setback down to a minimum of 2 feet. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable Mora Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housinq Air Aesthetics Water L1_qht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transoortation Environmental Health Public Se,v/ces Energy/ Histonc!Cultural Natural Resources Preservation Airport Environment 10.000 Feet 14,000 Feet 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 wher dditional information is needed to properly assess this proposal. Date City of r<enton Department of Planning I Building I Public Narks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 'Plcun '.Re1./1euJ APPLICATION NO: LUA0?-069, V-A, V-H, SME APPLICANT: Jerrv Brennan PROJECT TITLE: Brennan Residence Variances SITE AREA: 8,517 sauare feet LOCATION: 3411 Lake Washington Blvd N COMMENTS DUE: AUGUST 7, 2007 DATE CIRCULATED: JULY 24, 2007 PROJECT MANAGER: Jill Dina PLAN REVIEW: Jan Illian 1111 " ~ ~--' .J LUU{ BUILDING AREA lnross\: 2,125 sauare feet I WORK ORDER NO: 77776 BUILDING DIVISION SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Variance, Setback Variance, and Shoreline Exemption for the construction of a 2,125 square foot single family residence with a 1,075 square foot building footprint. The project site totals 8,517 square feet and is located along the shoreline of Lake Washington. The proposal would result in a reduction of the 25-foot required Shoreline setback down to a minimum of 19 feet and a reduction of the 5-foot side yard setback down to a minimum of 2 feet. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable Mo,e Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water Linht/Glare Plants Recreation Land/Shoreline Use LJrilities Animals Transoorlalion Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airporl Environment 10,000 Feet 14,000 Feet B. POL/CY-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. Date City of ~enton Department of Planning I Building I Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Po.r'.cs COMMENTS DUE: AUGUST 7, 2007 APPLICATION NO: LUA0?-069, V-A, V-H, SME DATE CIRCULATED: JULY 24, 2007 APPLICANT: Jerrv Brennan PROJECT MANAGER: Jill Dina PROJECT TITLE: Brennan Residence Variances PLAN REVIEW: Jan Illian SITE AREA: 8,517 sauare feet BUILDING AREA /aross): 2,125 sauare feet LOCATION: 3411 Lake Washington Blvd N I WORK ORDER NO: 77776 SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Variance, Setback Variance, and Shoreline Exemption for the construction of a 2,125 square foot single family residence with a 1,075 square foot building footprint. The project site totals 8,517 square feet and is located along the shoreline of Lake Washington. The proposal would result in a reduction of the 25-foot required Shoreline setback down to a minimum of 19 feet and a reduction of the 5-foot side yard setback down to a minimum of 2 feet. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Efement 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 Earth Housino Air Aesthetics Water Uoht!G/are Plants Recreation Land/Shoreline Use Utilities Animals Transn11rtation Environmental Health Public Services Energy/ Historic/Cullural Natural Resources Preservation Airporl Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS ~11-u;{,,l,__ a,/L.L 11.,()1,-ll//~ lo fu~ C. CODE-RELATED COMMENTS ';jt'-<.A.A-CA/1...L /W, /(/Y'v1 /Jti--Lh, -fv ~ /:.;; 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 informatio ·s needed to properly assess this proposal. L,,;i / ~'~ Signature of Director or Authorized Representative Date I J City of nenton Department of Planning I Building I Public vVorks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: I 1 .r I -\ -".J"'<o/""\ ' "---' . APPLICATION NO: LUA0?-069, V-A, V-H, SME APPLICANT: Jern, Brennan PROJECT TITLE: Brennan Residence Variances SITE AREA: 8,517 square feet LOCATION: 3411 Lake Washington Blvd N COMMENTS DUE: AUGUST 7, 2007 DATE CIRCULATED: JULY 24, 2007 PROJECT MANAGER: Jill Dina PLAN REVIEW: Jan Illian BUILDING AREA iarossl: 2,125 sauare feet I WORK ORDER NO: 77776 . RECEIVED 1111 ·,~, ·7 Ill • DIVISION SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Variance, Setback Variance, and Shoreline Exemption for the construction of a 2,125 square foot single family residence with a 1,075 square foot building footprint. The project site totals 8,517 square feet and is located along the shoreline of Lake Washington. The proposal would result in a reduction of the 25-foot required Shoreline setback down to a minimum of 19 feet and a reduction of the 5-foot side yard setback down to a minimum of 2 feet. 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 Earth Housinn Air Aesthetics Water Liaht!Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airporl Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS [0~ C. CODE-RELATED COMMENTS We have reviewed this application with parlicufar attention to those areas in which we have experlise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. City of Renton Department of Planning I Building I Public Works E N VI R O N M E N TA L & D E VE L O P M E N T A P P L I C A T I O f/l-c:FUE V-lc,E-W S H E--E-T REVIEWING DEPARTMENT: '!=' j '('f COMMENTS DUE: AUGUST 7,r?U07 _ ___:"__·_' --- I APPLICATION NO: LUA0?-069, V-A, V-H, SME DATE CIRCULATED: JULY 24, 2007 I I ! I "'I JI ""•'"'., V ._, •-L._ "T ..._...,,,1/ APPLICANT: Jerrv Brennan PROJECT MANAGER: Jill Dina PROJECT TITLE: Brennan Residence Variances PLAN REVIEW: Jan Illian . - SITE AREA: 8,517 sauare feet BUILDING AREA /aross): 2,125-_..,,uare feet LOCATION: 3411 Lake Washington Blvd N WORK ORDER NO: 77776 SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Variance, Setback Variance, and Shoreline Exemption for the construction of a 2,125 square foot single family residence with a 1,075 square foot building footprint. The project site totals 8,517 square feet and is located along the shoreline of Lake Washington. The proposal would result in a reduction of the 25-foot required Shoreline setback down to a minimum of 19 feet and a reduction of the 5-foot side yard setback down to a minimum of 2 feet. 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 Earth Housina Air Aesthetics Water Liaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transnortation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet ~/) l:f.p; /)// ti& ) 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 a'il where addition:/ information is needed lo properly assess this proposal. ~ ?c./aLt:<L/ @ Ylt? 7 Signature of Director or Authorized Representative Date NOTICE OF APPLICATION A Master Application has been filed and accepted with the Developm,mt Service,i Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals PROJECT NAME/NUMBER: Brennan Residence Vananc..s I LUA07-069 V-cl. V-A, SME PROJECT DESCRIPTION: The applicant is requesting a Shoreline Variance, Setback Vanance, and Shoreline Exemption for the construction of a 2,125 square foot single fam·ly residence with a 1,075 square foe! building tca!print The pro;ect site totals B,517 square feet and is located along the sh<'.lreline of L;ike Wash'1ngton The propO'>al woulo resul'. 1n a reducl1on of the 25-loct required Shoreline setback down to a minimum ot 19 '.eel amJ a reduction of tie 5-foot side yard setback oown to a m1n1mum of 2 feet. PROJECT LOCATION: 3411 Lake Washington Blvd N PUBLIC APPROVALS: Adrnmistr,ative Vanance, Shoreline Variance, & Shoreline Exemption APPLICANT/PROJECT CONTACT PERSON Jerry Brennan. Tel. 1425} 277-<l644; Err.I 11my_brennan@yahoo corn PUBLIC HEARING: Public hearing •s tentat,ve,y Fhedulqo for August 21 2007 before tha Rentgn l:!§l[!Dg Exam;ner in Renton Council Chambers Hearings beg1~ at 9·0J AM on the 7th floor of :he new Renton City Hall located at 1055 South Grady Way Comments on the above application rnust be submitlad in writing to Jill Ding, Senior Planner, D&velopmant Services Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on August 7, 2007. This matter Is aleo tentatively sche,du!ed for a public h&aring on August 21, 2007, at 9:00 AM, Council Chambers. Seventh Floor. Renton Ci!y H:,11. 1055 South Grady Way. Renlon If you are mtereste,j 1n a1ending the hearing. ple:,se contact the Development Serv1ce5 Oi.is1on to ensure th:,t lhe heaP1ng has not been rescheduled at (425) 430-7282. If comments canncl oe suom1tted ,n writing by tile d:ate indicated :above, you may sl1II appear at the hearing and present !(O\Jr comments on the proposal before the He:aring Examir.er If you h:ave questicns aboul this proposal, or wish to be rnade a par1y of record and receive aodit.cnal 1nfo,mat1on by mail. ple:ase contact the proJ~Ct manage,. Anyone who suom1!s written comments will au1ornat1c:ally become a party of record and will be notified of any dec1s1on on this Pr.lJecl PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: DATE OF NOTICE OF APPLICATION: July 11, 2007 July 24, 2007 July 24, 2007 If ycu would like to be made a party of record to receive 1urther 1nformal1on on :his proi,osed project, complete lh1s form and re,um to C1l)' of Renlon. Development Planning, 1055 South Grady Way. Renton. WA 98057 F1Je Name I No.: Brennan Residence Variances I LUA07-009, V-H, V-A. SME NAME MAILINGADORESS ------------------------- TELEPHONE NO CERTIFICATION . -· CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 24th day of July, 2007, I deposited in the mails of the United States, a sealed envelope containing Acceptance Letter, NOA documents. This information was sent to: Name Jerry Brennan Surrounding Property Owners (Signature of Sender); fay ~ STATE OF WASHINGTON ) ) ss COUNTY OF KING ) Dated: 7-,9.c.. -o J Project Name: Brennan Residence Variances Project Number: LUA07-069, V-H, V-A, SME Reoresentina Owner/Applicant/Contact See Attached ~· 334210370501 BOWDEN KIM 2727 MOUNTAIN VIEW AVE N RENTON WA 98056 334210300102 CORRELL KEVIN L+SUSANA 3502 BURNED AVE N RENTON WA 98056 334210003003 FAWCED JAMES RESTATE JANET MILES EX PO BOX 454 OCEAN SHORES WA 98569 334210362508 LUCK VIRGINIA E 285 SAND DUNE AVE NW OCEAN SHORES WA 98569 334210299502 PALKA ADAM & EVA 808 N 33RD ST RENTON WA 98056 334210275908 SHURE CHARLES H lll+GAYLE A 903 N 36TH ST RENTON WA 98056 334210365600 BRENNAN GERALD F+MARY E 3405 LAKE WASH BLVD N RENTON WA 98056 334210275007 DAO HUNG+LOAN BUI 900 N 34TH ST RENTON WA 98056 334210001007 GEIGER DEAN A+SARAH C 3415 BURNED AVE N RENTON WA 98056 334210274505 MACCUBBIN LOUIS+KAREN 4049 AMES LAKE-CARNATION RD NE REDMOND WA 98053 334210001502 PALMER ISSAC J SR+FULLER RI 3407 BURNED AVE N RENTON WA 98056 Q'1--0d', 1 \m\" 1 312405900407 BURLINGTON NORTH RN SANTA FE ADN: PROP TAX PO BOX 96189 FORT WORTH TX 76161 334210369503 DELOOF SUSAN PO BOX 1456 CEDAR CREST NM 87008 334210364009 KING COUNTY 500 KC ADMIN BLDG 500 4TH AVE SEADLE WA 98104 334210251008 NICOLI BRUNO I & SARAH C 3404 BURNED AVE N RENTON WA 98056 334210002005 POTOSHNIK MIKE JR 3403 BURNED AVE N RENTON WA 98056 City of Renton LAND USE PERMIT J/j I. I ! Jnn, ~'i.J..,; MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: Jerry Brennan PROJECT OR DEVELOPMENT NAME: Brennan Residence Setback Variance ADDRESS: 3405 Lake Washington Blvd N PROJECTIADDRESS(S)ILOCATION AND ZIP CODE:3411 Lake Washington Blvd N Renton WA CITY: Renton 98056 WA TELEPHONE NUMBER: 425-271-2736 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):3124059074 APPLICANT (if other than owner) NAME: EXISTING LAND USE(S): Vacant Land COMPANY (if applicable): PROPOSED LAND USE(S): Single Family Residence ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RSF CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): NA TELEPHONE NUMBER EXISTING ZONING: R-8 CONTACT PERSON PROPOSED ZONING (if applicable): NA NAME: Jerry Brennan SITE AREA (in square feet): 8517 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: NA SQUARE FOOTAGE OF PRIVATE ACCESS ADDRESS: 3405 Lake Washington Blvd N EASEMENTS:NA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Renton 98056 WA ACRE (if applicable):NA NUMBER OF PROPOSED LOTS (if applicable): NA TELEPHONE NUMBER AND E-MAIL ADDRESS: C 425-277-4644 jerry_brennan@yahoo.com NUMBER OF NEW DWELLING UNITS (if applicable): 1 Q:web/pw/devserv/fonns/planning/masterapp.doc 05/23/07 Pl IECT INFORMATION (conti id) ---~----~----------- NUMBER OF EXISTING DWELLING UNITS (if applicable): 0 PROJECT VALUE: $300,000 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): 2125 SF IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): 1075 SF NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): D AQUIFER PROTECTION AREA ONE D AQUIFER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS AND LAKES D WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. {Attach leaal descriotion on seoarate sheet with the followina information included) SITUATE IN THE -SE QUARTER OF SECTION _31_, TOWNSHIP _24N_, RANGE_5E_, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON, TYPE OF APPLICATION & FEES List all land use applications being applied for: 1 . Variance 3, - 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name.ts) __,..... /J Ye-"1 YI <;. , declare that I am (please check one) L the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the< e t _pv knowledge and belief. I! I certify that I know or have satisfactory evidenc.,_tyia,'+---------- ) signed this in a n le e it his/h r/their free and voluntary act for the (Signature of Owner/Representative) Q:web/pw/devserv/forms/planning/rnasterapp.doc uses and pu Nota,y P\lbllc Slate OI Washington N/WCY L IONDEM Mv Appointment Expires Aug 24. 201 O ---· / 1 ifZ? I:.( yr.____., / / Notary (Prial)-_,_/~,'~,,~· f}~,c.~· _,,-; __ /-'--. --.L7i_,·~,~~~· ~c).~"~-~fYJ~ ),;. / / My appointment expires:~. ,._1~··"'.,2'--"-y-~:"'),__C=-'-'-/_,_C_•c___ . ' 2 05/23/07 Legal Description: All that certain parcel 1 as shown on plat of Boundary Survey for Jerry Brennan Railroad Lease Acquisition, recorded January 29, 1999 in Book 127 of Surveys at Page 155, as Recorder's Certificate No. 9901299008, Records of King County, Washington, lying in Section 31, Township 24 North, Range 5 East, Willamette Meridian, King County, Washington, further described for reference as follows: Commencing at the Southeast comer of said Section 31; thence North 01°48'16" East, 2455.27 feet; thence North 88°11'44" West, 41.34 feet to a brass disk in the centerline of Lake Washington Boulevard; thence South 20°04'48" West, along said centerline of Lake Washington Boulevard, 405.39 feet to a brass disk and the point of curve to the right; thence along said curve to the right, having a radius of 1602.25 feet, through a central angle of 04°26'44", an arc length of 124.32 feet; thence North 72°18W West, 186.95 feet to a point on the Southeasterly line of Mountain View Avenue; thence North 24°57'59" East along said Southeasterly line a distance of 209.74 feet to the True Point of Beginning; thence continuing North 24'57'59" East along said Southeasterly line of Mountain View Avenue a distance of 86.94 feet; thence South 70'40'47" East, 96.51 feet to a point 25.0 feet Northwesterly, as measured at right angles from The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) Seattle Belt Line Main Track centerline, as now located and constructed; thence South 20'05'21" West parallel with said Main Track centerline 83.58 feet; thence North 72'18'09" West, 103.98 feet to the True Point of Beginning. DATE: TO: FROM: SUBJECT: FIRE DEPARTMENT JUL 1 1 ;;[)07 M E M O R A N D U Mr;,~t.;;JVED March 9, 2007 Jill Ding, Senior Planner ~£ James Gray, Assistant Fire Marshal Brennan Variance, 3411 Lake Wash lvd N Fire Department Comments: I. A fire hydrant with 1000 GPM fire flow is required within 300 feet of all new single- family structures. If the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM and requires two hydrants within 300 feet of the structure. 2. A ~o!l_f~~J.OG~eq~i.1:-d _f~ne: ~1:1~le;-farnily structures. 3. Please feel free to contact me if you have any questions. i;\brcnnanvar.doc TO: FROM: DATE: Jill Ding Jan Illian March 21, 2007 CITY OF RENTON MEMO UTILITY REVIEW SUBJECT: PREAPPLICATON REVIEW COMMENTS BRENNAN VARIAN CE CP06153 PREAPP NO. 07-018 3411-Lk. Wash. Blvd. NOTE ON PRELIMINARY REVIEW COMMENTS CONTAINED IN TffiS REPORT: The following comments on development and permitting issues are based on the pre-application snbmittals made to the City of Renton by the applicant. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision makers (e.g. Hearing Examiner, Boards of Adjustment, Board of Public Works and City Council). Review comments may also need to be revised based on site planning and other design changes required by the City or made by the applicant. WATER 1. There is no water main in the immediate area. 2. The proposed project is located in the 320-water pressure zone. 3. All new construction must have a fire hydrant capable of delivering a minimum of 1,000 gpm and must be located within 300 feet of all structures. 4. Water System Development Charge (SDC) is $1,956.00 per new single-family lot. This is payable at the time the utility permit is issued. SANITARY SEWER 1. Sanitary Sewer System Development Charge (SDC) is $1,017.00 per new single-family lot. This is payable at the time the utility permit is issued. 2. See attached Sewer Availability. SURFACE WATER I. There is no drainage system in the area. 2. Erosion control shall comply with the Dept. of Ecology's 2001 Stormwater Management Manual. TRANSPORTATION 1. Traffic mitigation fees are based on a rate of $75 x 9.57 trips or $717. 75 for the single-family lot. 2. How will site be accessed? GENERAL COMMENTS I. All plans shall conform to the Renton Drafting Standards. 3. The applicant is responsible for securing all private and or pubic utility easements. 4. Separate permits and fees for water meter, and side sewer will be required. cc: Kayren Kittrick 2 DATE: TO: FROM: SUBJECT: CITY OF RENTON Planning/Building/Public Works MEMORANDUM March 22, 2007 Pre-Application File No. 07-019 Jill K. Ding, Senior Planner, x7219 Brennan Variance & Building Permit General: We have completed a preliminary review of the pre-application for the above-referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Zoning Administrator, Planning/Building/Public Works Administrator, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall. Project Proposal: The subject property is located on Lake Washington north of 3411 Lake Washington Blvd N. The proposal is to construct 1 new single family residence. The proposed residence would not comply with the 25-foot required shoreline setback and the 5-foot side yard setback. Staff has not been able to find any info that the subject property is a legal lot. Per the attached letter from Neil Watts, dated December 24, 2002 a Lot Line Adjustment or a Short Plat is required in order to create a legal lot. The following comments are based on the completion of one of these processes in order to create the legal lot. Zoning/Density Requirements: The subject property is located within the Residential -8 dwelling units per acre (R-8) zoning designation. Development Standards: The R-8 zone permits one residential structure I unit per lot. Detached accessory structures are permitted at a maximum number of two per lot at 720 square feet each, or one per lot at 1,000 square feet in size. Building Standards -The R-8 zone allows a maximum building coverage of 35% of the lot area or 2,500 square feet, whichever is greater for lots over 5,000 square feet in size. Lots under 5,000 square feet in size are permitted a maximum building coverage of 50% of the lot area. Building height is restricted to 30 feet and 2-stories. Detached accessory structures must remain below a height of 15 feet and one-story or can be up to 30 feet and 2 stories if the use of the structure is animal husbandry related. The gross floor area must be less than that of the primary structure. Accessory structures are also included in building lot coverage calculations. As proposed, it appears that the proposed residences would comply with the building coverage requirements. Setbacks -Setbacks are the minimum required distance between the building footprint and the property line and any private access easement. The required setbacks in the R-8 zone are 15 feet in front for the primary structure and 20 feet in front for the attached garage, 20 feet in the rear, 5 feet on interior side yards, and 15 feet on side yards along streets (including access easements) for the primary structure and 20 feet on side yards along streets (including access easements) for the attached garage. The proposed residence would not comply with the 5-foot interior side yard setback requirement. The approval of a reduced side yard setback area would require the approval of an administrative setback variance. See section below on Variance Criteria. Access/Parking: Access to the proposed lots would be provided via an access easement off of Lake Washington Blvd N. Each Jot is required to accommodate off street parking for a minimum of two vehicles. Brennan Variance & Building I March 22, 2007 Page 2 of 3 it Pre-Application Meeting Driveway Grades -The maximum driveway slopes cannot exceed 15%, provided that driveways exceeding 8% are to provide slotted drains at the lower end of the driveway. If the grade exceeds 15%, a variance from the Planning/Building/Public Works Administrator is required. Sensitive Areas: The subject site is located on Lake Washington, which is a Shoreline of the State. The City's current shoreline regulations require a 25-foot setback from the ordinary high water mark of Lake Washington, however the applicant should note that the City has adopted new shoreline regulations under which the setback from Lake Washington would increase to 100 feet. The new shoreline regulations are currently under review with the Department of Ecology, once Ecology has approved the new regulations they will be effective immediately. The proposed residence would not comply with the City's current adopted or future shoreline setback regulations; therefore a variance from the City's shoreline regulations will be required. See section below on Variance Criteria. Environmental Review: The proposal is exempt from Environmental (SEPA) Review per WAC 197- 11-800. Administrative Variance: An Administrative Variance would need to be granted in order to reduce the required 15-foot front yard setback for the primary structure and the 20-foot front yard setback for the attached garage. As part of the variance process the burden would be on the applicant to provide justification and show that: 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 surrounding of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileged enjoyed by other property owners in the vicinity and under identical zone classification. 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. 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. d. That the approval as determined by the Zoning Administrator is a minimum variance that will accomplish the desired purpose. A Hearing Examiner Variance would be required for the proposed intrusion into the shoreline setback area. As part of the variance process the burden would be on the applicant to provide justification and show that: a. Exceptional or extraordinary circumstances or conditions applying to the subject property, or to the intended use thereof, that do not apply generally to other properties on shorelines in the same vicinity. b. The variance permit is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties on shorelines in the same vicinity. c. The variance permit will not be materially detrimental to the public welfare or injurious to property on the shorelines in the same vicinity. d. The variance granted will be in harmony with the general purpose and intent of this Master Program. e. The public welfare and interest will be preserved; if more harm will be done to the area by granting the variance than would be done to the applicant by denying it, the Pre07 ·O I 9 ( crit area variance ).doc Brennan Variance & Building March 22, 2007 Page 3 of 3 it Pre-Application Meeting variance will be denied, but each property owner shall be entitled to the reasonable use and development of his lands as long as such use and development is in harmony with the general purpose and intent of the Shoreline Management Act of 1971, and the provisions of this Master Program. ~ f. The proposal meets the variance criteria in WAC 173-27-170. Consistency with the Comprehensive Plan: The e)[Jsting development is located within the Residential Single Family (RSF) Comprehensive Plan Land Use designation. The following proposed policies are applicable to the proposal: Land Use Element Objective LU-FF: Encourage re-investment and rehabilitation of existing housing, and development of new residential plats resulting in quality neighborhoods that: 1. Are planned at urban densities and implement Growth Management targets, 2. Promote expansion and use of public transportation; and 3. Make more efficient use of urban services and infrastructure. Policy LU-150. Required setbacks should exclude public or private legal access areas, established through or to a lot, and parking areas. Policy LU-152. Single-family lot size, lot width, setbacks, and impervious surface should be sufficient to allow private open space, landscaping to provide buffers/privacy without extensive fencing, and sufficient area for maintenance activities. Permit Requirements: The construction of the proposed residence would require approval of a Hearing Examiner Variance, an Administrative Variance, and a Shoreline Exemption and would be reviewed by the Hearing Examiner within an estimated time frame of 8 to 10 weeks. The application fee for the Shoreline Variance is $500 with Y, off subsequent applications. The additional side yard setback variance required for the proposed residence would be $50 (1 /2 off of the $100 full application fee) there is no fee for the shoreline exemption. Detailed information regarding the land use application submittal is provided in the attached handouts. Fees: The applicable building and construction permit fees would also be applicable to the proposal. A handout listing all of the City's Development related fees in attached for your review. Expiration: Upon preliminary administrative variance approval, the variance approval is valid for two years with a possible three-year extension. Pre07-0l 9 ( crit area variance ).doc ~--------------------------,, ~ ZONING .. J ! ! I / I / 1J CDR R-8 ;;;::=:::'.:::::=========:'.::::;::; -1,--:!Jin St ~ N 33id St R-<E! / -iR g / .R ..... -.-., •. a ... ,, ·I N 32nd SL I 'N 32n;d · St. · . ;::::=:::'.:::::=========::;::;=: >=-==~'"Fl. / / · R-,a N 31st St · ;R,:._1 8, / --R -8 ----:Renlon Clt1 Llmit,I CN' CN :CN R i 8' 0 230 tyo J.:4.800 \ C JR-8 C3 ~ = TBCBNICAL DR.VICES 31 T24N R5E E 1/2 5431 Jesse Tanner, Mayor December 24, 2002 Jerry Brennan 3405 Lake Washington Boulevard Renton, WA 98056 Subject Transfer of Bul1ington Northern Railroad (BNR) Lease Properties Dear Mr. Bren~an: CIT OF RENTON Planning!Building,'Public Works Department Gregg Zimmerman P.E., Administrator This letter is sent in response to your Jetter requesting that the City contact King County and request the issuance of separate tax account numbers for property recently quit claimed to you by Burlington Northern. The City Attorney and the Property Services Section have reviewed the infonnatfoo you provided and have detennined that the City is unable to recommend that the County provide you with separate tax account nulJ]bers. The City does not consider the properties to be separate legal lots because the Bul1ington Northern property transfer documents ( 1999 quit claim deeds) were not executed in compliance with State or City land division regulations in effect at that time (RCW 58.17 and Tille 4, Chapter 7 of the Renton Municipal Code). · In order 1o finalize the land transfer, you ood/or Burtiogton Northern will 11eed to file an application with the City for either a lot line adjustment or a short plat The type of application you opt to file will gepend on your goals for.the property's use. If you wish to have the ability to sell this property separately from your othershoreland$ property, you will need to file a short·plat application. If you wish to propose consolidation of the BNR properties and your existing shoreland lots, Y.OU will need to apply to the City for a lot line adjustment and a vacation of the underwater portion of Lake Washington Blvd. N. right-of-way. · We recommend that you contact a real estate attorney to assist you In finalizing this transaction. Once you have detennined a course of action, we recommend that you request a free "pre-application" review (instructions enclosed). If you have questions regarding the City's pre-application, short plat, or lot line adjustment processes, please contact Laureen Nicolay at425-43Q..7294. · ~"il/1{)~ Neil Watts, Director Development Services Division cc: Jennffer Henning BobMacOnie Larry Warren Catellus Management Corporation Burlington Northern ----------.------~ 1055 South Grady Way· Renton, Washington 98055 @ This paper contains 50% recyd~ material, 30% post consumer A.HE.AD OF THE CU:M.VE 1 1 i Jesse Tanner, Mayor April 25. 2003 Alan Wolfson King County Department of Assessments King County Administration Building 500 -4'" Avenue, Room 709 Seattle, WA 98104-2384 CITY OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Subject: Reissuing Property Identification Numbers for Existing Residential Parcels Dear Mr .. Wolfson, The City of Renton has received a request from Jerry Brennan, a Renton citizen, to request assignment of separate Prope,ty Identification (PID) Numbers for his property. The parcels in question are three lots located west of Lake Washington Blvd N, which were separately conveyed by the Burlington Northern Santa Fe Railroad. These parcels had separate PID numbers until they were inadvertently removed by King County in early 2002. The City of Renton has no objection to King County reinstating these separate PID numbers for these three parcels. The three parcels are addressed at 3401 and 3405 Lake Washington Blvd N., and are referenced as follows: a) Quit Claim Deed, King Co. Recorder #E1694224, 19990628001965, previous PID number 312405-9062-06. b) Quit Claim Deed, King Co. Recorder #E1694223, 19990628001964, current P!D number 312405-9061-07. c) Quit Claim Deed, King Co. Recorder #El69422l, 19990628001963, previous P!D number 312405-9072-04. We are hereby requesting the reestablishment of separate PID numbers for these three parcels, per the request of the property owner. We also request that the PID details have the property descriptions corrected lo reflect the survey areas and to show that the property is privately owned rather than leased. Attached for your use are copies of the three quit claim deeds for the parcels, a recorded survey of the parcels, a time line history of the parcels creation, and the Jetter from Mr. Brennan to the City of Renton with his original request. Thank you for your assistance in resolving this issue per the prope1ty owner's request. If you have any questions, please call me at 425-430-7218 Sincerely, \)eJuJJJj Neil Watts, Director Development Services Division cc: Jerry Brennan, 3405 Lake Wnshington Blvd N, Renton WA 98056 Attachments _______ I0_5_5_S_ou_t_h_G_ra_dy-W-ay ___ R_e_n-to-n,-W-a-s-hi-ng-t-on-98_0_5_5 ______ ~ @) This paper ccmlains 50% recycled material, JO% pest cons urn er AHEAD OF THE CURVE Neighborhood Detail Map 4 .EVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS -· ,-.,., JU/ This requirement may be waived by: 1. Property Services Section PROJECT NAME: 73 '"· "'. f1 ''-"'· '· /'.J.,r ,c,m CQ..]· 2. Public Works Plan Review Section 3. Building Section • I DATE: 3/ .J.;J.:C 7 4. Development Planning Section Q:\WE8\P\/v\DEVSERV\Forms\Planning\waiverofsubmittalreqs_9-06.xls 09106 >EVELOPMENT SERVICES DIVISION WAIVEh. JF SUBMITTAL REQUIR~mENTS FOR LAND USE APPLICATIONS 'il,!ll!il1ilalllli111j1111111llll 1 1 1 1llll111i llllllll!l~Ullil,111 Parking, Lot Coverage & Landscaping Analysis• m:~;9~§irg:r~~6!! 111111i:111,1i1\111'1,t1't,111,r11,111111 Site Plan 2 AND• ~i~ilir;#~H~i§\Hif~fiE[~iliiiiiiiJi;iiifiri!ii Stream or Lake Study, Supplemental 4 ~1~1J;g,t:t~~,111,E~rnflill@itll1l:11i1rn11:1itim11I1i Street Profiles 2 Tree Cutting/Land Clearing Plan 4 ~riil!Rimill/li~lr:titlixll/l~!~e!!J!u i;i Utilities Plan, Generalized 2 i'.iitil:M!!l®lilt1!iii1i!mi!\i l!i'l!illl!i:11!il!l11ffli111 11 . Wetlands Mitigation Plan, Preliminary 4 ii.~~ jiiirJiil@~!!!IDIJiilili ll!llll l:ili!ii1illl1i! Wireless: Applicant Agreement Statement ,AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2AND a Photosimulations 2 ANO a This requirement may be waived by: 1. Property Services Section --,-.... ) , PROJECT NAME: 1:6:f"VV'l"', i).M \ (l .,-, WV'l-'~ 2. Public Works Plan Review Section 3. Building Section DATE: 3 /;;;,__d-/O} 4. Development Planning Section Q:\WEB\PW\OEVSERV\Forms\Planning\waiverofsubmittalreqs_9-06.xls 09/06 Brennan Project Narrative: ff(~.,.,··,t~·:;;,. , 2 ,,._, i~· ~~ z vf;_ IJ The proposed Brennan New Single Family residence has a I 075 sq-ft footprint that would be located at 3411 Lake Washington Blvd N. This project would require a shoreline setback Variance to decrease the 25" set back to 19. 91 ft at the closest point. A side yard Set back decreasing the 5 foot to 2 foot setback is required on the side adjoining Burlington Railroad right of Way. This vacant lot is currently zoned R-8 and is located between Lake Washington and Burlington Northern Railroad, adjoining Kennydale Beach Park to the north and my existing house to the south. As the dry land on this lot is narrow (tapering from 46 feet wide to 41.4 feet wide) the challenge is in designing a quality house on such a narrow location. Granting of a 19.91 foot Shoreline and a 2 foot side yard Variance would allow for a house that at the widest foundation would be 23.5 feet. allowing for I 075 sq-ft footprint and a two car wide garage. The house would be a two bedroom, two stories with the daylight basement containing the garage & entry, of approximately 2175 sq-ft living area. The current use of this lot is as an empty storage area for my home landscape projects. During construction of the home I plan to landscape the lot with consultation of a landscape designer and eventually would plan to permit a dock serving the house. The soil of this lot, was lake bottom before the 1909 lowering of Lake Washington, it is composted soil over a sand base with excellent drainage. In addressing the Fire Department requirements addition of a new Fire Hydrant located near the top of my driveway is required. The only Excavation required would be for a foundation work and pin piles per Engineering design. No trees cutting is planned, the December 2006 wind storm, and the very large Cottonwoods that fell during it, crushed all trees that were in the building footprint. No Job shacks or trailers are planned, just a crew Port-a-potty. The estimated cost for construction is $300,000 as I plan to be the home general contractor. Upon completion of the project the final value is estimated to be $1,250,000, and my family will occupy the house. My family first purchased these lake cabin sites in 1943. This house project does adjoin Lake Washington shorelines, with 19.91 feet being the closet point to the ordinary high water mark. The existing shoreline is a rock bulkhead with a log boom break water between the rocks and lake. This project is below the 35 foot height limit. j. LJ' I 1' 1 ,·," ··1 ~, .. · ,'.U1Ji Justification for Variance: I am asking the City of Renton to grant two Variances in building of a house at 3411 Lake Washington Blvd N. The first could be an administrative setback variance for the side yard set back. The second variance is for the Shoreline setback. Side Yard Setback Variance I believe the request for a 2 foot side yard setback, on the East property line, is in harmony and with the general purpose and intent of the Master Program. The North East comer ofmy property, adjoining Kennydale Beach Park to the North, has an East property line that is 5 feet to the west of the Kennydale Beach Park south east comer. So in effect the 2 foot setback I am requesting would be 7 feet from the existing fence line that is a continuation of the Park fence line. My east property line is a 5 foot west jog of the Railroad property both to the North ( Kennydale Park ) and two lots to the south (Lord property). I do not believe granting of this variance because of the lots 'jog" to be materially detrimental to the public welfare or to the east property owner. The buildable space this variance provides would allow this house to be a two car lower level wide garage rather than a one car garage. That width is consistent with other single family residences in this area. Denial of this request will result in a hardship in decreased usable structure and the potential for vandalism a one car garage limits, with diminished use of the subject property. As it stands upon approval of these variances the usable portion of the property is 1075 square feet, which is a mere 12 % of the property area Shoreline Setback Variance This Shoreline modification request variance is due to exceptional circumstances that would allow the building footprint to be 19.91 feet from the OHW mark, allowing for an increase of foot print square footage of23%, to 1075 square feet to a house east west width of23 feet, if the above administrative variance is granted. The west property shoreline is a 15 foot shoreward jog, (east) from the Kennydale Beach Park to the north, where the park's west shoreline is a large cement wall. This makes my east-west, dry land footprint much narrower than property to the north and to the south. I believe in granting this variance will allow a reasonable buildable footprint in harmony of the general purpose and i!Itent of the Master Program and this will allow for preservation and enjoyment of a substantial valuable property rights, possessed by the owners of other properties on the shoreline in the same vicinity without any detriment to the public welfare. Granting of this variance would not block any views from neighbors. As it stands, upon approval of the variance, the usable portion of this property is 1075 square feet, which is a mere 12% of the property area. I believe this variance to be meeting the criteria in WAC 173-27-170 and within the general purpose and intent of the Shoreline Management Act of 1971. I also believe granting of this variance is consistent with the Renton Comprehensive plan within the Residential Single Family use designation. N .1,-2 29 -24 -5 & E Y2 31 -24 -5 SLIP SLIP Gov't. Lot 10.15 Ac z I fl;.J 12 0 <> N. ~~ E: t.!> z -~ 4 ~;; N. 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'. .·~' .. ·i •••••••••••••••••••••••••••••••••••••••••• ~-:~ .. ·,t:._7, ·•\'.~:·· ·················································1_· ... ~ ............•.............. ~···············~'~. . . -: '" . . •· . • .• ~J. ·\.': ····················-············· .. ···········: .... ~··········~···························~···· Daed tao._· i .'i~ -..- ... -~~ ' ' ,I I .. 11 I ji ,, i ( RIGHT OF WAY DEED: :: Undllr tho lnwo of tho Stu to of II 11 !i 11 ,, ,, Ii COMPANY, a Col"poration duly inco~orated tm laws of tl1J '.l'errit,ory, (Now State) !I tm socond purt., I, " ii WI'rNESSRTH: i1 JI '!'hat for and in o onsidarntion of tm sun I I firct plrt in hnnd pnid by m.id party ot the. Ii i' " I I ' ti ve (5) Township twonty throe ._1':. _· ~ . ' .·:;;:., .... ··-··"" ·.<.::."'~··' -· ;-:_"·"·?.'· • ' :i ,...,., aurlil, •nir .~ lD I uat., WUIU9t.'W lltl'I . ·•• ftTAUl !i ? H (ollm~ limi Btg1no1~ at. tbt aorth • .,ozner ot I I II.id South wet t181'ter (S.19'.) of seat!Clll tllirtW 1aa (:=), · jj r.mning thtru,e east to a potm. titt.r (80) test aat. ot t.hl • i! omter line or location of the Hcrthtm Paoitio ud Pugn , !i Sound Shore Rail.road Oompanr, iaaaaand at dght, aiglt1 t.bliN- 1: to; rum~ thenoe in a 1c:athn1terl1 dmotiOD llft,J. (CIO). foot from am parallel to th! aid Railroad oont,tr 1:lnt, t.o •. !! point on tho nat, line of aid So•h wit 411&rltl" (B.W.4.) · of'. . . , ii Section thirty two (82), t,hulOt Jrarth to point, ti be;tmtiri, I, V .;• . v 'i illi lote I !ft, fhn• (151) fort.J' ..,. ('7) tlm"1a' 1nu, I , • "' .. . "'. . . . ·, -. ,. (8'7) thirii ejght. (88} t,hirt,1 m1 ~II) tt"1 (•) fOl'tf~~ .· , ~ ~ ~-,., ... " I C4M>> tartr ,,,. ''°, 1or1r , ... '", 11111 ,..., •• c•t-" <,'. ~ / Lake Wuhingt.en lab-:-n Roa 'haotl w&ldD •• ~:-",.,~,.~ :;~; _ ;::;J.if.i: " 1 1 ttoa wtatr Ame (~) Ta.lllhtp urenr ,,.. (M) 1~,:i(i./r_:\ ''.:::~-;~t'>ji/J(~J~,;~ • I fl'f'I (15} But, lillaet.te lllridila, · --,; ·. :c; ··,:;'.°•;!~{-. [1 .) V · · • .. · ·-:~ • . ~'. -t~:· ~~ . :' {!I Alao lot. four (6l leot.iclll Wldl (•) t •• ._,;.:'.::: "·:,-,;; ,,II four {I&) iortA, Ill~ fjn ~} V.8', ~l~itl ~:~~:<)],: :)f~ _ Abo low mo {1) -~ (!) talt (I) • ,_..(~::~~: ?~[(.· ~',~'J V !I -... .,, ... , ., .. ,..-~ t<'!._'•JJf t .. ..._ " • ' ,• •. )·-.,.~;·. , .. •1 ~ .• · . .,., ,, Sort.b•-~art.er (HJ~) el Stllt,h aet .. ~ (a.I~ .'.~"!1\,-;: +.i ·~:fi:I}·~~ , S,ot.ilNa adao (D) f-""8r!ltp t:rc=t, tov (M) l•tl, 111111,i,~:;:: .;,~''f; .4.5( . (0) aw. lilll!\lltt. ran-td'lm, aoept lul riibta •. toile.:,~-:~~"' ,,f~lfr . r· . . . . .,.. . .,~ ~.ii'I~ -~ -. ' . '\. · .. ~· .. : ·... . .. ~~·:~. ·~~;; ' v 1=rg ltaltaz 18ginning llt ~ JIOSJlt t,bl9e ,.,..~ (~),fl~·.•:: .~,~~I e ~~..i:,~~~ ~ !Mt. ad oii;lMe hwlbed and fifif tiff (~) -~~~:,.:~-;~~.; · ,:<:: IJ1,!,f · ~ I -~hlt.:~~~-"~* oox=r betwecn len~::r..,.::~~):,·~--;~~-'.'.~,;;. -i~~: .. \:: .11 · (D}. lle,at: a.u.n1ng saut,h thlitocm llmll1'9d ud tam~. (1118f 1 ,<:~· ,:~, .11 fcgt, tb~ Wlllt to lleAnitJr lim el ,_.Clll' Slrnqfl. (o. i.!!~~:> -~(i _ . _ _ _ . . . . ..... -~ ' .... ,~ / tlr,f o1 fA~ lfu!lqtoft)1 fl»MO n,,riJlel'lJ lllCICIS · ldd -J.J!e~ P;J ';;.., ~,,:: 1 . • . .. ~ .:.:;.,: 'l '' 1,,,,;:;,,~.--1 ~ 1 ,.,._ t, o a poim, ••t. et po:lllt. of btg~itlg. ti•• •• :oo .. _ . · ·,; ,,~'-.. , ,_;.; ........ .._,.;-,,: ......... • ........... ··~ .. V,·"'··~·«· ~ plat of b~mnq; 1111 being wit.ha s,,t,ia .dlle (I) · .·.·:·, .. : ::·;/ -~~~i . .. ·: .. ','. :. ·' :-·.:_. -J_-f!.,7; ... •· . -· '1t l . .,, · · , .. . . , .. • ''I, -• ' "· .. ,. •••• j . . . , (~ ..... ~.-...... . ' ..... ·, . f ,. ,'i/• .. II-·:-._ ............ . I.. __ , -v._ •a, .1-.. ·" " ' . .. • ,· • ,.;-:a,. •• -~ -- " I' ,, . ( ·I • :: wen~ •-(8') lorth. P.nge fin (5 ., i· ~-' ... ' - .,. !! A!Qo t.m llartlnllt. pt.t~· (B.W~) tl loath I•~ -i-, ;_ · [! (SJ.4..) of leetion tin (15). !oimah1p 11rtm7 foW'"(a&) laPll, he:~ ii i~-~ ·· ii Ra~ t1o:-e (6) lut, Willauttar lleridf•n. _ ._, i}~ !: Rea~. boweTer •. to aid pal"tJ' of the th'at Jtiii.-·~ · 1 f~}1 ;l it.a littoral end riparfan r!ghta aa ow.um. of the upi1nd alcag ~~1 J! and _.,on tht ahona err Lan •••~n. oo.ulnm.t dh tat-.)/·.· [3:; ii --; . l" . ---· I/ 'Ille al the riglt. oa -, hlreillhefoa graamd 1'J th, put,; fl (,:1 !! tba aeoond part. f Cl' ailrad ---•••• {_ '. I ~ J ~· i And the ~ :rert.1 of the filn )ll't las ~.S. •lai,,.:-· ; 1 . ~-r Ii ga=ed, md aold, and by 1h•• prealllta doea gnat, b~Slr. . ' _ ! __ _ ri All, 111d OOJlYClf to aid palt7 " .. the IIOOal J&fte · .. ~.-. ~~ .~.~.: -::.,.:. :i _ " 1, mooea11ora and aaaigm, u 11111 .,-~ aui,h ~ fl w.·a. ~ .. J _.-.,~ '1 1 1 of 1aD!l filtr (®) feet in width ~ aoh ~---ci ti.·_,.;.-,;_,.::_.';\?1 I line of aid J)l'Opoaed :mill"aad, u boftt,fl.., llitP.,~~-ii,'.4"~ .:-2::;f);, .. " 11 . . . . : . -~ . -: j ••• _ ..... , • • • --.... /1 located end lkked out am graded, ed hll"aaft.e~· -.h·, •• :t:;; ·_·:~· · h ... . .... ·., ,· ·. ~~:;-.:• :":·· ... ~ ._:...;,;,_• ·. II 1traotcid, ;parat.t. IIDI adn11lued. 11J011_, uau, au~~;,!i!l:'~-~'.~ ~~~. ii thro~h the land h8'eiabelon dNcriWe • ·• · . · · · ·'::,::}':'. -::rf ., ,1 . . . . · .. '· -' . . ·;:. ~1 1 m RAVI m ,to HOID the u:ld atrJp fl 111111 to ea,~::..: i:-,.-j,: (~~ I . . , ...... ,,, ... I fSl'V fl tie 1oocmd DC"t, tta IWNSON 11111 •iP•r • :~fi: '.~ i'~~~ u tilt -ciadl btt ued far ru.1•4 ,...a~ . · . · ·. ::.~ i;::~~ -. . . . . . . . . .. ..:.,;4;:_~ ..:::::,. _ .. ~-~ llk DNcl • Sa ada k eosr•t enaia dlOl.........,~~. l~} .:.1 . ··.. . -... _ ... _;~t· ·:•'.:..!i!·::;'-°'I ':,:!,. -~~ tzar ueci of tJ. d&t:I of ti. 1"1 -tf -~=\w.irlei~i( ·. ,-; . . . _ . . -'.··: .: : .. ,,.-... <·: .. ···' r:.-·1~ oCSt•f'4 tJ.· ~· -~8111! u aorr.r:d br ~a dHd. _ -: :;~~<-JL ~ ~~ m ;1,1a11 e:e•Mo,, a. Jlll"t1 of t.i. r:n ,mm····:~ l~~ .. oauod iheo• llffl•tG to bl 19ed by it.I -~e!'•_•f;_-. r~,;. J . --. .-... : -I~~:~ . u ............ , and Gtllllt.tld bj' tta leol'9tarf, ed 1111 Cii~'--~-'-· f, _ .... _ . . , .... . . ., <: -•.. -~--·· #' --• , .;: __ i.:".1 .""..JS ...... _ . ...,...-; .•-··''' . ·.~. ,·-.J . " . :•-. "'3:: \ _; r· .• -\ ti .;_ W I . . ~ .... ·~ .. . "· ...... ...... - '.~·, .. :.·· ;.':,·· ;"•1\'.: :.[. :~: ·.r ... '. .:: ... :_r .. . _;:, .~ • , -1 , ... ~ II writt.. • C ~ Juramw .rrm~ the 1afmd J I I I " 'I I• ,, I, 'I I 11 I; ll II At.teat: IITIIISSBS: Q I F\ '3 ~~ ';i_. ~\~'"I"'\ \ 'li"'""\ ············-2··:·········· .LL...,~,,~~,...,, Jl...._ .'1~~ ...............• ~ Jllll' ftmt. ..... .. -. ~ ,. ' .:. .. • ·· ...... · ' .... ~ .... ' .:. ... -·· ... : .... ~- ·, -. - K r:o. Toe wjt.}, 1,r,p!' to r ,. ' •(, :-i cl )-,if' }, f-nl' I· f, i::ovf'. ~i,,..t. t.f'J i; <If-A<; 1" 1-1: : :,1, mte1> on ftd !lr!J) .-11<-C w. 2 •its. . .,·,. •' '· V11J] j 1-r )l, Joll"-f' K~ t.lt ,TC\:) ~s Rail- ( ;slH• 1 ) (!19td) \ 'J . ---· '!-I -• '¥ • ... :, • • ' • • ·~, '. • -' ~ > • ' • ' ' -. ' . ~....: ' ----~:...~ . ' .. . ' . . ~ . ' . . . \ precess or conat:-uctt ondo,•ur a.1<1 across or atljacent to 6d .-.w ,e,{C1d'!.Ti:,ir,.'18 .!., .... J•'tli ~.: .,, .,., / '-' ·, ,· "'he J:;r t o~ '.!'.e liW t ,tn,: ·:.;e SW t o:· ~,e !IW t or e•i :33 tp 25 PlJi. R 5 Z \Tl,{ R WH; / · ./ / .,. Lo} 4 _(or ti.i J.W t of tho ::w .. t> the ll'II .i or the 3W t and ~l:e JAy Sir 't of Ve Sf." -! or a&c 4 tp 24 " R 5 E 1:," -. Lot 4 1 s.ec 2Q ',p 2f !, R 5 E ·· Lo• ll~" ,-. -~· c "9 • · "4 .. R 5 "' (t,/ Ii, ,,8 ;,c.:.'·•"•9 '* ~1, ~ ., .,., / ·~I Lc,t 2 ~c 3 ~hp 24 Ji R 5 R I .; , " Lots_ ~19.1~ 4 ee~ t P,. 24 !1 ~ 5 :R . ,-Lots ~.>~, sec 5 tp 23 ,, h 5 .r. ; • f,,<t Lots l(~,11' th!' NE t ·o_f_ t;he NW j the SR i of •he liW -i ~ the :RB -c-or t,u, sr t·t,ie SE t 0r t11e sw t •or sec 9 ':.p 24 Y R 5 E t,I? exceiptg ti ... .-1:1,'r"m any p,H·t !oris or e•;ch s·.1bd iv lri e d sec 9 1:.clud&d ,j Ji witl1ln the r1, deao, ~eg at .. pt 1: L"e dtv 1: .. 0 ~;e•. •.'.e F. to)' •.J.e Nf t <t!ld •l:o , IF i t,f th! NW t 18'15 ft 6 oi' ":.:H! JI l l ne of tHl ac.o i. th R iit ft/(\ rt an,; 300 ft; th S 1.',:!') t't; •Ji W • ,i '·'·" : '"' ·~oMider or ''"r,ier 'r Slo11ch; th lily i.lonr, ad r11!n1~'1!!r 11ne ~o a p•" l!3Mi ft S • r UH• N line of bd e&a; th~ t~ pl or hOR nonte 3? ac m nr lo -11 Alno Ql\O)_l_ ~f:!~_i_t \9nal Nidtc.o ~.r D trl.{>11 c,f lJ.!ld J!i !\UY of 11d gov &'.lbdivfeion1 111 m11.y bd neoeu.iary to c11tr:r. :lie nlo.pea of the cuts ind fills or the ,.oo.Ghod of aqch ra! ll"ot1d W:tiah ro,\dbed in to '1e oonet,.-u,;1.od have a wldt'i a~. ~r·.1.de of '!2 :··: and '.ho ou•,11 ·~c had a. e:l.ope of one1 to · one 11nrt tha !'ills to have 11 11lor,e of 0•1P l\nd a half .to one. And t p for 1teelt and ite nuo f\nd 1t.e herei,y u.p1111':nu •.o n p itl ril'.h~ 11 to pul'. fr\Jlfl t,'ie R of W any of the eho'"e lllnd1 1n &ont of anp or t1'e above nwn,>d gov aubdiv1~iona Pmhraeed Nltilln 11 strip of ln.nd 100 !'t in Width beL,1: !10 ft 011 enc:· R1ile of the cent l1ne or t.he i:;eat.tltt nelt J,ine Br1u1ch of the lfo r Pac Ry Co as the et1111e ·· J.B loo".ted staked out u.nd now in !)roeP.ee of con11•,ruction acro1a ;).• .• ::·:. ad ehure lands 'but reaernia :.o 1 teolf th~ 1,1ref'!ren0e rie:ht to pur from I.he $ ?t W 1111 ehore landa oute1de of arl 100 ft utrip. rn vrit whereof ad t W L Comp h~e causedtheQe prcsts to bf! execut-1 ~: !fr!te prea and 'secy therennto d11ly a11t.~ and ite o\Wp eoal to .~ No wite · (Co:•p eaal) r,ake Waah: .1:ton Land Com:>any .rJ By F H Brovmt111 1 7tJ President ,., . , ... .. . At.toot: S C c,,rneil I Se:c..-et11.cy •. s of w.,Co,ofSnohomiah)Rth ·.· h,1 .. ~ept: 8 l90l(cy-,:, H B and S C C u.a pre a and eac7 ot ad oorp 11.,nd ··,·:::>' oQ·oa .. t .. h ataled·· .. th .• a· t .... t.)'iey were autd •.o ex od inat a?id that the , '/.·'··.,:.,.· ... · .. , .. · .. • .. · " eeal a.tt ill thes,,eorpaeal of Bd ~~rp bet J A Coleman n p in Md for ' a· t:he S 1,! W res at :rcverett. Att wit:·~ofll\l. · ''.'i'. . . . .. ')~ . "'""""'"'"':: :,:, '\·1 Lie Pens . 211 '.'0114-•ll !P • Filed ,i,eb 3,1904 1 10:58 am. Vol / {-Jdg 3/(' 287095 Jn the Sup Ct of K r.o, W S.e,\'ttle and La.l<a washineton flat erwa.y ~omrmny a oorp and The waahineton r:ompany a oorp p·1 .Pf'a 1 '1 ... --~ ...... ............---~~ ,~· . • ' -<; ..... , ~ '• ,lit • • -~ • • ' , 4 • • ~\. B --... • -• • ,. ll111d tl'iltd 1fl'ft" l, l!H'l4 ~:32J 'll nn. t114 Y,oh 17 1 lfl !'14 r, en 11 &r·. Th11 :r.nk1t '""~ hi.n ton !.n.n'1 r,o· 1;1w:.·, M. COl'Jl ore 11.nil ex,mrt n.nd li:,· ,,~r or t>1M 1nw1, or th!' '-! or "' Tll 198 ~ort'.11r. '!'A.Oit':io :Rn.ilWllj' C:om- r,11.n::, 11. ll'A, E.l'.lll:"1f>:i.~ oorp ' F p do.,r, h,;,·11'1l:· P, 11 r, I'~ 001iv 1.mt.c, ,. :· a r of w :for l,h11 tempor1tr~, loo of the Sei;tt).11 :R~lt :r.:tna ·.:-rnnoh of the 11 P ~. r,,, <N 1mrt no r..ot 3 M' seo 31 '!'P 24 ·1 1'l Ii P. w M .i'1 -'. q.o, H ,..,,oh r of w h,i'c'1C rr:ora rH,rtr:1,y: de,r,o ·lir. fol: / All t)'lllt, 1;or of oo lot 3 lyll'JI', ·,,11tw P,A ,,,tr,'.~r,i 1'1 of thll r of w of t;he Nor t~ r,r'1 P11.c R""' r,o ov an rt n. r: <,rt lo~ nnct a l "', cl r"' wri pr,r 1'1'1 tn and, 12-1/2 ft rlti:,t 111:r fror·1 th~ c,rnt, 1>, of' (,(j '1~" ttl"l ~11lt, T,n Rl"l\noh Cf t,hf, "/ p '.l'll<I;' r:o Hf> t,}1$ P.,11 .ir, Tlr)\V !;i,"1 lor: IH:!"! llO"lf,,-Ofllr 11.T',ri fl.0 r,d lot, and cont 1/4 of 'ln nn, lTI or 1 1 t 11, t.11m p 1,;,n of r.d +.ritolt l;ein.<'. 'r.hn :ln y11llov: on thl'I bl1i,; pr:·,:11; r.,i,...,il,(' a tt()hd :v:d ml ll. pFl.rt li~··eof -/ and the p11r;~.ru1~nt lorJ of f>ur:h :R R rive,. 1;.nd R.C F..cl 1,1:10 h1J.'!.ne 11,hn tn (ol red oh !;(! hllll! print, 1U1rt 1 ,<i ltJg dFtf.tni tely il F,t. on +.h" ~r<''lnd h:' r,t,one mon 1it· 'l'Jth of the o,'1' 11.nrl And in1, of +.hi'! oi.rvilr. 11.n<l tR.n,entl!. th ,rtot' and nU _i:,i?)"'flll\t!Allf, a,.:lgnrru,nt h4 ,nt, •nOl''9 def.:ini!;ely ci'!r,O in ~)eor,1i, of Conrl&l'!l1ln1;ion Ant. in GI\F,8 of 1 PP.":' r:c, v I!> H of "' tt 111 1 r.,o ~th 8 1 19,04 in Vol 373 of D 1;t; 1/il reo of' K r.o 1 11', ' ' . , "It :Lr, uncler1,tocd an,! 11 r,,eri 1;hii t whim i.rl r,11/;' r:o 11,hn.ll mv, re- rnovart,J1,',. i,rnilkr, nnd im1, frOl'l ,;uo h · e:1ror,,r0· loo, than tha r of ,,,. he ril itl' gr1tnt,<1d tr, t.o rave rt t. o th!l grRntor • . No wi tt'i:.(corr, ,.i!Rl) ('l<lo tt'l,;t, 0111.11 M) , ,. :r..a le 117/;.,;h i.n,;ton r.and Do.~p'll'ly . · ,' ~: jt !f ;t3rO"l'llJ11 ...... ·, It&,J>T'FJF.i:lrt,n+, $of..,(J¢Of· .. )l'>F.. ))~glj·,~~7};":nl"r,4 hy '!I' '.'t n 111'., Pr,11 rrf': l'>:I oorr,, l\'lrt O'l r:i:1 tri r.,t,,i t,ri t1lfl. ....... ( .. n ... ~ .. :'.r~~., .. ' ,11th tn fl. X F.c1 ,tllf,1;r>.irnnt, nnl'I. that, +.hi r,ll/\:1. ntt .i,; th11 .... J; o,~rl>;.:"'j.l"f;ll!it· 6lt norr ?"f' "qenj fl! ;;Jr,itrwcl)d NP in r.nct for the .1 ,,,.,,, , ,, . · .ra~, a, rev11r11 t. t, A, t l'r , th E.,ffi :t, ~ ~· -.·.:.·;:-~:~-;.:·<>/~, .. \: ',• \ ·;-· • ~.: {:(J,%~,(J:i:l.~t. rdtnrr.,d :\.n di,et!, h~>"!)f,n ...... t'llll111d,) '.Js~'·:~~ :rz~ff!tti~s1• · ···. ·· P:11.1:1111'lnt l/'i.1.,,tt ,trf, Apr 1 1 1111"4 ~: :1:1y~ Dfl,t11cl .¥.Ch 12, 1111"4 r.c-n ~J Pao:lf.in r.on11t. 'P:1.J,A ~ompan;r n oor1, 'l .-1 thit iawr. o.r t.h11 ~ of m of 1; hil r. .of " and a or I "'0 .. l-lort,h11 r.1 'P1<.1Jtlin 'r,<t:llwl\v r.orur,R"Y, n c,r.r1 ers 11.,,, the , ...... "'"' . \.. ... . . .. "' -·. t ,,...~ . t;,.; ' .• ~ -• ' , • .. " -• • • • • --·· ~ • < • ~ ~ • .... • • Thll r.111<" "'11111'11'1 ti'\"! 1,n.nrl r:o: lJ<lll:,. I\ co 1"1> org ancl ex1mct /\nd l1 :i' v 1,· or '11~ ln"'"' of t.n!' ~ of "' Tr. 198 ,;orth13r 'l">l\()iftr. 1<11..tlw11.;,-r.om- Jl,'l.r.lY, 11. "'' e,r;l'l'1fi:l'1 ,::orp 1i' JJ do.,r, h,;,·i,'h~· e '1 r, ,~ crn11V 1mt.r, f, :· a r of w for th/! tem):lor11r~, loo or the :-:lel'lttlit :P.-'J.t l',in,i "'rnnch ,:,.r th-, "IP "lW; r,,:, ov l\nn llO tot 3 M' seo ,,1 'J'p 24 ·-1 '.R !\ .P. w ¥ i'1 "'. q.o, H fi:ich r ,:if w h"l·,·1,.; :n,:ir1J zmrtc1y der,n 11r. fol: ./ 411 tn11t, 1,,:,r of 6d lot 3 ly'lt'\J:, ·,,A~w tl-,i! P.,u,,,/!r'l 1'1 of thA r of v, or t.l1e ),lf'.lrt}-.Ar~ PRC R~' r,o mr ar.11 nr. <,d lo~ A.nd fl 1'1 rlr"IW'l pnr 1'V1 th and.12-1/~ ft rtii;t 11ly fron th,~ ,:!!n t. 1,, or &11 'J·J" ttl~ ~Alt. r.n :BrR-noh . of" the 'IP '.RW;" r.·o n11 t,ha P.i!1 t,. nnw f.ll'1: lo() Ar.rt r.0•1t,r· ofP;r l'l.r.d fl() &<I · lot, and oont 1/1 of' ll.n rm, rn or 1, t 11~ t,em p lofl of "1d t:rlllllt heir.iv J,/ • r.hn in yftllov: on l;ht't 'hl1:_,~ z;r:i.'11; r:,,,. . .,t,0 f\tt.nhd fl!Jrl ml ll p"lrt h~··l'lof 7,..;'and 1;he p<'1r1'?r-in1nt lorJ or r,1:11h PR ov~r ;.nd ni:: r.cl M1,:: hi,.~ne 11,hn t'l t,ol r!d on !ill hlua Jir.in+, fl!ld 1,., !n.g n11f l•! i 1-ely ,1 F,t, on t,ha !!;r<":.rttl. lJ:: r,+,on11 mon •it· !Jtf, of tJ1 e 1)'1,1; ri.11<1 t'tr.rl in1, of' !;h<'I ,::i.rver, iincl t,11.nf•m t& th .,,.,ot and 1,cl-!-·it1"P111.11ent, aJ..i.["lmAnt hit.;n1, 11Q1·e de!:'in1f;ely d~r,i:: .in 1,ei::r~e or Con,t11"ll1ntion Ant. in 01\MI or 'l P '"-'.' f)C:, vr, s of nr "t Ill, r.,c '!th e, 1~04 in V'ol :,;7;,, Q/' ll !'.6 l!i1 rr,n <Jf' ;.: r.o ,11', ... I.t ir, 1mderr.+.Qtd anrl 11 ,.,,etl th,it·,1·h(ln i.cl T>"-';' r::o r.hnJ.1 mve re- moved ::tt,. 1,r11okr, 11.J~rl. 1mJ\ fror,1 r,1,r,r, · 1n1orR.'".Y lor.1 t,hlln tha r of w herein· gt'/1-rttlJd ir. ~.oravert to th<l ~'"rtn+.or. No wi ti'> ('Jorr, F.i'IRl) ( ~Q t,i '!>t; o :tn u s."t ) :r..a b11'I 1111;.f>hi.'1-,ton :r.11nd r::,, .. :p,mv ~: q, •,f ''.13rO"l'1911 • It11-" Pr11 ,;:\.rl 13n +, aor ... co_ or . )i;i, Mo~ .:tJ,,~(14 l'>y 1' rr ".'l 1-1,; Pro,,; l'l"!' r,rl nor 1, and O"l Qa t:. r,+,,,. t,ri ···th.I) t hlJ,itf~'1,a_,1th to ex i;c\ 1Mtr 1.l.'nnt., nnrt th!-\t t,h1 r,'ll\1 af.f .i.r, t\-:(t corp i.i,11,i,.':(l:t,';'.'&ii oorr h.1.P Benj ~· ~!·t1rw, fld N P in nnct r"r th,., ,,,"\l.r ,,reii,""flf;.' li:V4'riit.t. ,\ .. t ..,,. th E,,~A:t, t>-i: -··'J.'·· _·, ··~··-,:.,,{r'..;(~·· .r•t••eo4 .In d,.4, h,,,,, :::::i,,d,) ,,. 1, 1i!a,:,,i111nt li'i.bd J(M, Apr 1 1 1111'4 :l: ;5;;y~ Dat l'l d .1H11 1 ra, lll "4 r. (m f:J PROit'in f;Qnllt :P:t1,11 ,;om1ian;r n norp 'l ;-: tr,, 6flw,. of t.h11 "ot''" or 1,,u, r; ,:,1' " a.nd ~ of I 'l'o llort,h11rn p,,,,ttio n"il···I\~ r.omJ,R.''Y 1 .~ r,.-:ri org ,1.,,: t.h!I l'lW-1\ ·or . ,;, .--1J ... "' ,~ nt« • ----J -· JUtl 17 '99 11: 53 FR CATELLUS MGMT CORP 206 625 6402 TO 4252342549 ANT,LLC 4545 Fuller Drive, Suite 100 Irving, Texas 75038 /.• Attention: Tide & Escrow Department £1691816 16/17/1999 1t;27 ICING COUNTY, I.IA TAK $2.M SttL.E $9 ... COPYO.F RECORDED DOCUMENT l{jng Co11n1y Recorder's Office CORRECTION QUITCLAIM DEED THIS INDENTURE WlTNESSEm: That THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMP ANY, a Delaware corporation, (formerly Burlington Nonhem Railroad Company), of 2650 Lou Menk Drive, Fon Wonh, Texas 76131-2830, ("Grantor"), for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid, conveys and quitclaims, without any covenants ofwammty whatsoever and without recourse to the Grantor, itS successors and assigns, to ANT, LLC, a Delaware limited liability company, and its successors and assignees, whose address is 201 Mission Street, Pacific Gateway Building, San Francisco, California 94105, ("Grantee"), all of Grantor's right, title and interest, if any, in real estate and improvementS located in the County of King, State of Washington, together with all after acquired title of Grantor therein, as such real property ("Premises"), is more panicularly de.scribed as follows: Part of Government Lot 3 of Section 31, Township 24 North, Range 5 East, W. M., King Counry, Washington, complete legal description described on page 4, as Exhibit "A", consisting of(l) page, anached hereto and made a pan hereof TOGETHER with all tenements., hereditaments and appunenances, if any, on the Premises. and any reversions, remainders, rents, issues or profits on the Premises. SUBJECT, however, to all valid existing interests of third patties in the Premises, including but not limited 10, reseivations, rights of way and other encumbrances of record, or otherwise, Assessor·s Property Tax Parcel Account Number(s): Ptn. 312405-9072-04 1111111111 ;~m~ AIIT LLC QCD Ul.ee JUM 17 '99 11:54 FR CATELLUS MGMT CDRP 206 625 6402 TO 4252342549 P.11/13 ..!"-· EXCEPTING AND RESERVING unto Granter, its successors, assignees, lessees and/or licensees (hereinafter "Grantor") all eoal, oil, gas, casing head gas and all ores and minerals of every kind and nature, and all water, underlying the surface of the Premises, except with no right of entry onto the surface, or above a depth 500 feet below the surface, of the Premises_ ALSO RESERVING unto Grantor a nonexclusive permanent easement to operate, maintain, reconstruct and modify any and all fiber optic li11es, communication lines used by Grantor, and facilities related to sueh fiber optic lines or communication lines, in the location where sueh lines or facilities exist on the date of delivery of this Deed, including related rights of ingress and egress, as necessary across the Premises for the sole purpose of operating, maintaining and, as necessary, reconsuucting such lines in the same location as they exist on January 30, 1998, provided that all activities of Grantor in the exercise of rights under this Paragraph of this Deed shall OQCUr in a manner-that minimizes any interference with any activities or improvements then present on the Premises. THIS DEED SUPERSEDES and replaces. and is given to correct an error in the legal description of that cenain Quitclaim Deed dated February 24, 1998 between The Burlingron Nonhern and Santa Fe Railway Company and ANT, LLC, recorded July 28, 1998, in the records ofKing County, Washington, as Document No. 9807281540. TO RA VE AND TO HOLD the same unto Grantee, and iu successors and assignees, forever. IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its authorized representative, and its corporate seal to be affixed hereto as of the 5th day of May, 1999. .. ' ...... ._•;,\l. ftUf\ '• • .Y.,.',...., .~A:•, _.·;._+~ _.-·--· .. ,:::"14,··. : .s:-0 ~"? Ol'f,1(··-~ • • .,;,' -> . • : "" :' (j -·-«' ,_ ~ : ... ~. :;E:,. ""0: .,-. : ,_ , SEAL ' <:: • .<!) -, ,~-·.~ ·--o ~--·-..,.: By: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY /(~ i1.h etd '-- General Director Real Estate ATTEST: •• ~. ~(AWP..!.--" ~ .: --~'!';-~---.,~r,( .......... ar . Aclin AssiSt t Secretaiy 8.'<!SF 0/000.133 Kenn_vdt,/e. Jl'A 2 QHT LLC 1&-•• JUii 17 '99 11:54 FR CATELLUS MGMT CORP 206 625 6402 TO 4252342549 P.12/13 STATE OF TEXAS COUNTY OF TARRANT § § ss. § On this ..,5 day of fVl.~ , 1999, before me, the undersigned, a Notary Public in and for th~tate of T=, duly commissioned and sworn, personally appeared D. P. Schneider and Margaret R. Aclin, to me known 10 be the General Director Real Estate and Assistant Secretary, respectively, of THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized 10 execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my band and official seal hereto affixed the day and year first above written. CATHY T -HUTCHINSON NY CllM!ll$10II fXPlle August 19. 2000 BNSF QJOOO.J 35 Kennydale. lf'.4 Residing at; Fon Worth, Texas My appointment expires:O, ztr 1q ,o:coo FORM APPROVED BX LAW 3 JUM 17 '99 11: 54 FR CRTELLUS MGMT CORP 206 625 6402 TO 4252342549 P. 1:3--'13 EXIllBIT .. A" Pareel #01742 That portion of Government Lot 3 of Section 31, Township 24 North, Range 5 East. W. M., King County, Washlngton, described as follows: Commencing at the Southeast comer of said Section 31; thence North 01°48'16" East, 2455.27 feet; thence North 88°11 '44" West, 41.34 feet to a brass disk in the centerline of Lake Washington Boulevard; thence South 20°04' 48" West, along said centerline of Lake Washington Boulevard, 405.39 feet to a brass disk and the point of curve to the right; thence a.long said cwve to the right, having a radius of 1602.25 feet, through a central angle of04°26'44", an arc length of 124.32 feet; thence North 72°18'09" West, 186.95 feet to a point on the Southeasterly line of Mountain View Avenue; thence North 24°57'59" East along said Southeasterly line a distance of 209.74 feet to the True Point of Beginning; thence continuing North 24"57'59" East along said Southeasterly line of Mountain View Avenue a distance of 86.94 feet; thence South 70°40'47" East, 96.51 feet to a point 25.0 feet Northwesterly, as measured at right angles from The Burlington Noithem and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) Seanle Belt Line Main Track centerline, as now located and constructed; thence South 20°05'21" West parallel with said Main Track cenrerline 83.58 feet; thence North 72°!8'09" West, 103.98 feet to the True Point of Beginning. BNSF 0/000-133 Kennydale, WA 4 ANT LI..C: \S ... ** TOTAL PAGE.13 ** Issued by Trans nation Title Insurance Company 14450 N.E. 29th Pl., #200 Bellevue, WA 98007 Phone: 425-451-7301 800-441-7701 Fax: 425-646-0545 COMMITMENT FOR TITLE INSURANCE Transnation Title Insurance Company, an Arizona corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title Insurance, as Identified !n Schedule A, ln favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See the following pages for printed Exclusions from Coverage and Schedule B exceptions contained in various policy forms.) This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted In Schedule A hereof by the Company, either at the time of the Issuance of this Commitment or by subsequent endorsement and is subject to the Conditions and Stipulations. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all llabillty and obligations hereunder shall cease and terminate 180 days a~er the effective date hereof or when the policy or policies committed for shall Issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault or the Company. NOTE: THE POLICY COMMITIED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Transnation Title Insurance Company Attest: Secretary By: President COMMITMENT CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security Instrument. 2. IF the proposed Insured has or acquires actual knowledge of any defect, Hen, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown In Schedule B hereof, and shall fall to disclose such knowledge to the Company in writing, the Company shalt be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company Is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or If the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule 8 of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shalt be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking In good faith (a} to comply with the requirements hereof, or (b) ta eliminate exceptions shown in Schedute B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated In Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for In favor of the proposed Insured which are hereby Incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or Interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Commitment Cover -WA (Revised 4/03) SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs, attorneys· fees or expenses which arise by reason thereof. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or go11ernmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; {Iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or (iv} environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violat!on affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed ta by the insured claimant; (b) not known to the Company, not recorded In the public records at Date of Polley, but known to the insured daimant and not disclosed In writing to the Company by the Insured dalmant prior to the date the insured claimant became an Insured under this policy; (c) resultlng in no loss or damage to the insured claimant; {d} attaching or created subsequent to Date of Policy {except to the extent that this pollcy insures the priority of the lien of the Insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy); or (e) resulting In loss or damage which would not have been sustained If the insured daimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Polley, or the Inability or fallure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state In which the land Is situated. 5. Inval!dity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lren of the insured mortgage) arising rrom an improvement or work related to the land which ls contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the lnsure-0 has advanced or is obligated to advance. 7. Any cla!m, which arises out of the transaction creating the Interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the applJcation of the doctrine or equitable subordination; or (c) the transaction creating the interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: {i} to timely record the instrument of transfer; or {ii} of such recordatlon to Impart notice to a purchaser for value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (Iii) a separation in ownership or a change In the dimensions or area of the land or-any parcel cf which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, Hen or encumbrance resulting from a vlolatlon or alleged violation affecting the land has been recorded in the public records at Date of Polley. (b) Any governmental police power not excluded by (a) above, except ta the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the pubUc records at Date of Palley. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded ln the public records at Date of Polley, but not exduding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured daimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writmg to the Company by the Insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or {e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any clalm, which arises out of the transaction vesting in the insured the estate or Interest Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that Is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (bl the transaction creating the estate or interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the Instrument of transfer; or (ii) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. Commitment Cover -WA (Revised 4/03) SCHEDULE OF EXCLUSIONS FROM COVERAGE (continued) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY RESIDENCE (10-22-03) In addition to the Exceptions in Schedule 6, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concernmg· (a) building (b) zoning (c} Land use (d) Improvements on the Land (e) Land division (f) environmental protection This Exclusion does not apply to violations or the enforcement of these matters If notice of the violation or enforcement appears in the Public Records at the Policy Date. This Excluslon does not limit the coverage described In Covered Risk 14, 15 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to 11lolations of building codes if notice of the 11iolation appears In the Public Records at the Polley Date. 3. The right to take the land by condemning It, unless: (a) a notice of exercising the right appears in the Pubtic Records at the Policy Date; or (b) the taking happened before the Policy Date and Is binding on You if You bought the Land without Knowing of the taking. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they appear In the Public records; (b) that are Known to You at the Policy Date, but not to Us, unless they appeared in the Public Records at the Policy Date; (cl that result in no loss to You; or (d) that first occur after the Policy Date -this does not limit the co11erage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to Jn paragraph 3 of Schedule A; and (b) In streets, alleys, or waterways that touch the Land. This Exclusion does not lim!t the coverage described in Covered Risk 11 or 1B. CLTA STANDARD COVERAGE LOAN POLICY 1990 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (Iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a not!ce of a defect, lien or encumbrance resultlng from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. {b) Any governmental police power not excluded l>y (a} above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polley. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not ha11e been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest Insured by this policy. 4. Unenforceab11ity of the lien of the insured mortgage because of the Inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state In which the !and is situated. S. (nvalidity or unenforceabillty of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, which arises out of the transaction vesting in the Insured the estate or Interest insured by this policy or the transaction creating the Interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. Commitment Cover -WA (Revised 4/03) SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY -STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authorlty that levies taxes or assessml!nts on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or llens under Workmans' Compensation Acts, not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, induding, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c} or (d) are shown by the publlc records. 7. Right of use, control or regulation by the United States of America In the exercise of powers 011er navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which Is now or may formerly ha11e been covered by water. 8. Any service, installation, connection, maintenance or construction charges for sewer, water, electrlclty, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN AL TA OWNER'S POLICY -EXTENDED COVERAGE 1. Taxes or assessments which are not now payable ar which are not shown as existing liens by the records of any taxing authority that le11ies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Underground easements, servitudes or Installations which are not disclosed by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable seNltudes; or, (d) water rights, daims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the publlc records. 4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which Is now or may formerly have been covered by water. 5. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN POLICY (10-17-92) and ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) No genera! exceptions appear In these policy forms. Commitment Cover -WA (Revised 4/03) Jer No.: RR -20239785 a . . la11tiAmerica Transnation SECOND COMMITMENT FOR TITLE INSURANCE SCHEDULE A 14450 N.E. 29th Pl., #200 Bellevue, WA 9B007 Phone: 425-451-7301 800-441-7701 Fax: 425-646-0545 1. Effective Date: October 27, 2006 at 8:00 a.m. Commitment No.: RR -20239785 2. Policy or Policies to be Issued: Owners Policy 10-17-92 Proposed Insured: Amount: Premium: Tax: Total: General Schedule Rate (vacant land) Jerry Brennan TO COME $ 0.00 $ 0.00 $ 0.00 ALTA Loan Policy -1992 -Simultaneous Issue Proposed Insured: To Be Determined Amount: Premium: Tax: Total: TO COME $ 0.00 $ 0.00 $ 0.00 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: Jerry Brennan, also appearing of record as Gerald F. Brennan and Mary E. Brennan, husband and wife 4. The land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto. Transnation Title Insurance Company By•-----/,Lf-J!l.!!'!1= ''-i,.~, ./)~· 14~0 -::_) - ~horlzed S~re Preliminary Commitment Page 1 Order No. RR -20239785 EXHIBIT "A" PARCEL A: ALL THAT CERTAIN PARCEL 1 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008, RECORDS OF KING COUNTY, LYING IN GOVERNMENT LOT 3 OF SECTION 31 IN TOWNSHIP 24 NORTH OF RANGE 5 EAST W.M., KING COUNTY, FURTHER DESCRIBED FOR REFERENCE AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE NORTH 01 °48'16" EAST 2455.27 FEET; THENCE NORTH 88°11'44" WEST 41.34 FEET TO A BRASS DISK IN THE CENTERLINE OF LAKE WASHINGTON BOULEVARD; THENCE SOUTH 20°04'48" WEST, ALONG SAID CENTERLINE OF LAKE WASHINGTON BOULEVARD, 405.39 FEET TO A BRASS DISK AND THE POINT OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1602.25 FEET, THROUGH A CENTRAL ANGLE OF 04°26'44" AN ARC LENGTH OF 124.32 FEET; THENCE NORTH 72°18'09" WEST 186.95 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE; THENCE NORTH 24°57'59" EAST, ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 209.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 24°57'59" EAST, ALONG SAID SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE, A DISTANCE OF 86.94 FEET; THENCE SOUTH 70°40'47" EAST 96.51 FEET TO A POINT 25.0 FEET NORTHWESTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) SEAITLE BELT LINE MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED; THENCE SOUTH 20°05'21" WEST, PARALLEL WITH SAID MAIN TRACK CENTERLINE, 83.58 FEET; THENCE NORTH 72°18'09" WEST 103.98 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: LOTS 13 THROUGH 16 IN BLOCK "A" OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATILE NO. 1, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY; TOGETHER WITH SECOND CLASS SHORE LANDS AS CONVEYED BY THE STATE OF WASHINGTON SITUATE IN FRONT OF, ADJACENT TO OR ABUTIING THEREON; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. rder No. RR -20239785 SCHEDULE B REQUIREMENTS: Instruments necessary to create the estate or interest to be properly executed, delivered and duly filed for record. EXCEPTIONS: Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Standard exceptions set forth on the Commitment Cover. B. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS: 1. REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS DF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY JS 1. 78% FOR ALL TRANSACTIONS RECORDED ON OR AFTER JULY 1, 2005: • A FEE OF $10.00 WILL BE CHARGED ON ALL EXEMPT TRANSACTIONS; • A FEE OF $5.00 WILL BE CHARGED ON ALL TAXABLE TRANSACTIONS IN ADDITION TO THE EXCISE TAX DUE. 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2006 3124059074 BILLED PAID $4,144.50 $4,144.50 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0. LEVY CODE: 2100 ASSESSED VALUE LAND: $346,000 ASSESSED VALUE IMPROVEMENTS: $0 (AFFECTS PARCEL A) BALANCE $0 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 3342103635 YEAR 2006 BILLED PAID $30.70 $30.70 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: 0. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: (AFFECTS PARCEL B) 2100 Page 3 $1,600 $0 BALANCE $0 rder No. RR -20239785 SCHEDULE B -continued 4. RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO. 388916, RESERVING TO THE GRANTOR ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME, AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY. RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS-OF-WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER LAND, AS RESERVED IN DEED REFERRED TO ABOVE. AFFECTS SHORELANDS 5. SLOPES AND RESERVATION TO PURCHASE TIDELANDS FROM STATE OF WASHINGTON IMPOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 287093. 6. REVERSIONARY RIGHTS OF LAKE WASHINGTON LAND CO. IMPOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 292817. 7. EXCEPTIONS AND RESERVATIONS IMPOSED BY INSTRUMENT RECORDED ON JUNE 17, 1999, UNDER RECORDING NO. 19990617000620. 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: JERRY BRENNAN, MARILEE E. KARNOFSKI, CYNTHIA B. MCMAHON, JAMES P. BRENNAN AND MARY T. BRENNAN CONSTRUCT, MAINTAIN, AND REPLACE AN ACCESS ROADWAY A PORTION OF SAID PREMISES JUNE 28, 1999 19990628001966 9. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: JUNE 28, 1999 19990628001967 AND 19990628001968 CONSTRUCT AND MAINTAIN AN ACCESS ROADWAY 10. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SURVEY RECORDED UNDER RECORDING NO. 9712129001. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 11. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9901299008. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. Page 4 rder No. RR -20239785 SCHEDULE B -continued 12. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9904129002. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 13. RIGHT OF THE UNITED STATES AND THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF LAKE WASHINGTON. 14. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 15. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 16. LOCATION OF THE LATERAL BOUNDARIES OF SECOND CLASS TIDELANDS AND SHORELANDS. 17. POSSIBLE REVERSIONARY RIGHTS OF PRESENT OR PREVIOUS OWNERS AND/OR RIGHTS OF ADJOINING PROPERTY OWNERS, DEPENDANT UPON THE INTENT AND/OR PURPOSE OF THE INSTRUMENT UNDER WHICH TITLE TO THE RIGHTS HEREIN DESCRIBED WERE CONVEYED. 18. ANY UNRECORDED PERMITS, LICENSES, EASEMENTS AND AGREEMENTS ENTERED INTO BY BURLINGTON NORTHERN RAILWAY COMPANY OR ITS PREDECESSORS IN INTEREST, PERTAINING TO THE USE OF THE RIGHT-OF-WAY BY OTHER PARTIES FOR WATER, SEWER AND ELECTRIC LINES, PRIVATE AND PUBLIC ROADS AND RAILROAD CROSSINGS. 19. RECHARACTERIZATION, OR CLAIM THEREOF, OF THE NATURE OF THE ESTATE OR INTEREST IN THE LAND HEREIN INSURED AS THE RESULT OF ANY ALLEGED AMBIGUITY IN THE CONVEYANCE LANGUAGE CONTAINED IN DEED RECORDED UNDER RECORDING NO'S. 83395, 166694, 287093 AND 292817. 20. MATIERS RELATING TO THE QUESTIONS OF SURVEY, RIGHTS OF PARTIES IN POSSESSION, AND UNRECORDED LIEN RIGHTS FOR LABOR AND MATERIAL, IF ANY, THE DISPOSITION OF WHICH WILL BE FURNISHED BY SUPPLEMENTAL REPORT. NOTE 1: THE COMPANY HAS BEEN ASKED TO ISSUE SIMULTANEOUS POLICIES WITHOUT DISCLOSURE OF THE LIABILITY AMOUNTS. THIS COMMITMENT SHALL BE EFFECTIVE ONLY WHEN THE AMOUNTS OF THE OWNER'S AND LENDER'S POLICIES COMMITTED FOR HAS BEEN INSERTED IN SCHEDULE A HEREOF. THE FORTHCOMING OWNER'S POLICY MUST BE ISSUED IN AN AMOUNT AT LEAST EQUAL TO THE FULL VALUE OF THE ESTATE INSURED IN ACCORDANCE WITH OUR RATING SCHEDULE ON FILE IN THE OFFICE OF THE WASHINGTON STATE INSURANCE COMMISSIONER. THE COMPANY MAY HAVE FURTHER REQUIREMENTS IF THE UNDISCLOSED AMOUNT TO BE INSURED EXCEEDS THE CURRENT ASSESSED VALUATION. NOTE 2: TITLE WILL BE VESTED IN PARTIES YET TO BE DISCLOSED. WHEN TITLE IS VESTED, THEIR TITLE WILL BE SUBJECT TO MATTERS OF RECORD AGAINST THEIR NAMES. Page 5 der No. RR -20239785 SCHEDULE B -continued NOTE 3: IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT "TRANSNATION TITLE INSURANCE COMPANY" MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). NOTE 4: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION JS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. GOV LOT 3 31-24N-5 E AND LOTS 13-16, BLK A, HILLMANS LK WA GARDEN OF EDEN #1 NOTE 5: WHEN SENDING DOCUMENTS FOR RECORDING, PLEASE SEND VIA TDS (TITLE DELIVERY SERVICE) IN THE YELLOW RECORDING ENVELOPES WHENEVER POSSIBLE. IF THEY MUST RECORD THE SAME DAY, PLEASE CONTACT THE TITLE UNIT FOR SPECIAL DELIVERY REQUIREMENTS. IF THEY MAY BE RELEASED WITHIN 48 HOURS, THEY SHOULD BE SENT TO THE FOLLOWING ADDRESS: TRANSNATION TITLE INSURANCE COMPANY 1501 -4TH AVENUE, SUITE 308 SEATTLE, WA 98101 ATTN: RECORDING DEPT. NOTE 6: IN THE EVENT THAT THE COMMITMENT JACKET JS NOT ATTACHED HERETO, ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN. THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. Page 6 ' irder No. RR -20239785 SCHEDULE B -continued (END OF EXCEPTIONS) Investigation should be made to determine if there are any sewer treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. Unless otherwise requested or specified herein, the forms of policy to be issued in connection with this Commitment will be the ALTA 2003 Homeowner's Policy, the ALTA 1992 Lender's Policy, or, in the case of standard lender's coverage, the CLTA Standard Coverage Policy -1990. The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy form(s) referred to in this Commitment will be furnished promptly upon request. ADK/amh/rlr Enclosures: Sketch Vesting Deed Paragraphs all recorded encumbrances Page 7 THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MA TIERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA. DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATIACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATIER RELATED TO THIS SKETCH.UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY. REFERENCE SHOULD BE MADE TO AN AC CURA TE SURVEY FOR FURTHER INFORMATION. SECTION: 31 TOWNSHIP: 24N RANGE: 05E LA~ W /\ s H I t--!G""T'D N 2ND CL Sl-10AELAN0S I I I I I I f:i , -- /11_.' , : ". ~-· ~/ Printed: 07-11-2007 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA07-069 ! . }t,,, ' ; ZU07 Receipt Number: R0703515 Total Payment: 07/11/2007 02:23 PM 550.00 Payee: MARY OR JERRY BRENNAN Current Payment Made to the Following Items: Trans Account Code Description Amount 5022 000.345.81.00.0019 Variance Fees 550.00 Payments made for this receipt Trans Method Description Amount Payment Check 1314 550. 00 Account Balances Trans Account Code Description Balance Due ------------------------ 3021 303.000.00.345.85 Park Mitigation Fee .00 5006 000.345.81.00.0002 Annexation Fees . oo 5007 000.345.81.00.0003 Appeals/Waivers . 00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelirn/Tentative Plat .oo 5012 000.345.81.00.0009 Final Plat . 00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .oo 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Temp Use or Fence Review .00 5022 000.345.81.00.0019 Variance Fees .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 650.237.00.00.0000 Special Deposits . 00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .oo Remaining Balance Due: $0.00 THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND ALL CONDITIONS AT JOBSITE INCLUDING BUILDiNG AND SITE CONDITIONS BEFORE COMMENCING WORK AND BE RESPONSIBLE FOR SAME. ALL DISGREPANCJES SHALL BE REPORTED TO THE DESIGNER BEFORE PROCEEDING Wlrll THE WORK. UNLESS EXPRESSLY STIPULATED, NO ADDITIONAL ALLOWANCE WILL BE MAUE IN THE CONTRACTOR AND/OR MANUFACTURER'S FAVOR BY VIRTUE OR ERRORS. AMOIGUITIES AND/OR OMISSIONS WHICH SHOULD HAVE BEEN DISCOVERED DURING THE PREPARATION OF BID ESTIMATE AND DIRECTED TO THE ATTENTION OF THE DESIGNER IN A TIMELY MANNER. ANY ERRORS, AMBIGUITIES AND/OR OMISSIONS IN THE DRAWINGS OR SPECIF/CATIONS SHALL BE REPORTED TO THE DESIGNER IMMEDIATELY IN WRITING. NO WORK IS TO BE STARTED BEFORE CORRECTION rs MADE. THE CONTRACTOR SHALL PROVIDE TEMPORARY BRACINGS AS REQUIRED UNTIL ALL PERMANENT CONNECTIONS AND STIFFENINGS HAVE BEEN INSTALLED. TI·lE CONTRACTOR SHALL COORDINATE WITH THE BUILDING DEPARTMENT FDR All BUILDING DEPARTMENT REQUIRED INSPECTIONS. DO NOT SCALE DRAWlNGS. USE ONLY WRIITEN DIMENSIONS. THE DETAILS SHOWN ARE TYPJCAL AND SHALL BE USED FOR LIKE DR SIMILAR CONDITIONS NOT SHOWN. VARJATJONS AND MODIFICATIONS TO WORK Sf-lOWN ON THESE DRAWINGS SHALL NOT BE CARRIED OUT IMTHOUT WRITTEN PERMISSION FROM THE DESIGNER. THIS Df<AWING IS THE EXCLUSIVE PROPERTY OF THE DESIGNER AND CAN BE REPRODUCED ONLY WITH THE PERMISSION OF THE DESIGNER, IN WHICH CASE THE REPRODUCTION MUST BEAR THEIR NAMES AS DESIGNER. PRE-FABRICATED ITEMS TO BE HANDLED AND INSTALLED PER MANUFACTURER'S RECOMMENDATIONS. • w I ·oo CONTINUOS RIDGE VENT---~ COMP ROOFING 40 YR 1/2" C.D.X. PLYWD,-----~ SG TYP EXTERJ ,I , ' ' , ' \, ' 4 ' ' \ ' ' 11Su SJ-250 @ 12" OC's "' • z - N I 0 - I I I I I I I I I I I I I I I I I I I I I I SC TYPIG EXTERIOR ' ' ,I ' ' ' \ ' ' ' 36 HAN,DR (P !RC~, RJ .5.6.1 11~" SJ-250 @ 12" oc's Dw-wLD GARAGE/tWELLING SE RATION QPDD •MIN 5/B" TYPE "X" G REQUIR GARAGE <Sc DWELLING @ WALL H SUPP T AGE *MIN 1 3/ " THICK SELF-CLOSING SOLID CORE 20 MIN RATED DOO REQUIRED BETWEEN GARAGE &: DWELLING, I C RJ09.1 rh rt1 I If I II I II 11 I I I I I I I I II ii I Ii I I II I II I Ii I Ii I II Ii I I II I I I 1 I I '" I 1, -----2X12 RAFTERS 24"0C 5/B" GYP ALL CEILINGS 6.75 x 13.5 Gl BM-----1 21;)t;:) FL I I' I I '-, I I ', I I ' I I ' ==E-== ' L- ' -=~=====- ' ' . 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