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NOTE:
Property and boundary information was obtained from a survey provided
by the property owner. Marine Restoration & Construction LLC has added
information from other sources including field measurements and aerial
photos. We are not surveyors and can not guarantee great level of accuracy.
We will provide survey if details are required.
E� CONCR tE
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EX157-ING URGE,
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* SALMON SPAWNING MIX (1-25 cy):
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P.O. 80X 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKS@MARINELLC.COM
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SCIENTIMC / COMMON NAM
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gj�JBS - ALL SHRUBS TO
CORNUS SERICEA
BE HEALTHY
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GAUTHERIA SHALLON
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SALAL
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HOLODISCUS DISCOLOR
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OCEANSPRAY
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5
2 CAL
RED FLOWERING CURRANT
VACCINIUM OVATUM
5
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EVERGREEN
HUCKLEBERRY
GROUNOCOVER & PERENNIALS
ASARUM GAUDATUTA
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LARGE -LEAVED LUPINE
2.8" POTS O 24"
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DRYOPTERIS EXPANSA
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WOOD FERN
I GAL
PLANTING PLAN
SCALE: 1"= 20'
NOTE:
Property and boundary information was obtained from a survey provided
by the property owner. Marine Restoration & Construction LLC has added
information from other sources including field measurements and aerial
photos. We are not surveyors and can not guarantee great level of accuracy.
We will provide survey if details are required.
E� CONCR tE
8UL 1CfYF,,A0
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1
EX157-ING URGE,
MUL T1-- TRUNK
CO TTONWgODS TO
REMAIN I
EX. 6' %Z FNC.
Cl TY OF REN TON
MITIGATION AREA
0
0ItLv X70 lV15100 40
E.' t ' - 20'
t
* SALMON SPAWNING MIX (1-25 cy):
GRA VEL MIXED WASHED, AND PEA
I3 EA.
C,* W07 f 8
2 MARINE RESTORATION & CONSTRUCTION LLC
P.O. 80X 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKS@MARINELLC.COM
3
FAX: (425) 576-8669 we MAT W r � 'Worm �*14WT karo �„1 "`
PLANTING NOTES
2 ZE_ EH& NO TES:
■ EXISTING CONCRETE DEBRIS, CONCRETE BLOCKS,
ROCKS OVER J" IN DIAMETER AND OTHER TRASH
SHALL BE REMOVED FROM THE PLANTING AREA,
UNLESS THE REMOVAL WOULD COMPROMISE THE
STABILITY OF ME SHORELINE
• NATURALLY OCCURRING WOODY DEBRIS, SUCH AS
LOGS AND LARGE BRANCHES SHALL REMAIN. ANY
CHEMICALLY TREATED OR CREOSOTE COVERED
WOODY MATERIAL SHALL BE REMOVED.
VEGETATION REMOVAL AND SOIL PREP NOTES
• ALL INVASIVE WEEDS ARE TO BE REMOVED AND
ROOT MASSES TO BE GRUBBED OUT FROM THE
M177GA TION AREA. WEEDS SPECIFICALLY TARGETED
INCLUDE HIMALAYAN BLACKBERRY, ENGLISH IVY AND
JAPANESE KNOTWEED.
• AFTER INVASIVE REMOVAL, REMOVE
GRAVEL/CRUSHED ROCK THAT CURRENTLY COVERS
THE PLANTING AREA.
• AFTER GRAVEL REMOVAL, SITE SOILS ARE TO BE
AMENDED BY WORKING A 4" DEEP LAYER OF 1002
ORGANIC COMPOST INTO EXISTING SOIL. CEDAR
GROVE COMPOST IS PREFERRED.
GENMAL PLANT7N!2 SEQUENCE,'
1. NATIVE PLANT INSTALLATION SHALL OCCUR DURING
FROST -FREE PERIODS ONLY. PREFERRED MONTHS
FOR INSTALLATION ARE BETWEEN SEPTEMBER 15TH
AND APRIL 15, PRIOR TO HOT, DRY WEATHER.
PLANTS MAY ONLY BE INSTALLED DURING HOT
WEATHER IF THE CONTRACTOR OR APPLICANT
AGREES TO IMMEDIATE IRRIGATION OF THE ENTIRE
PLANTING AREA, DELIVERING AT LEAST 2" OF
WATER PER WEEK FROM JUNE 1ST THROUGH
.SEPTEMBER 15 TH,
2. PROCURE PLANTS 1N LEGEND. NO SUBS77TU77ONS
ARE ALLOWED W/ OUT ACCEPTANCE FROM PERMIT
GRANTING AUTHORITIES.
J. REMOVE INVASIVE WEEDS AS NOTED ABOVE.
4. AMEND SOILS AS NOTED ABOVE.
5. INSTALL PLANTS AND WATER EACH PLANT
THOROUGHLY TO REMOVE AIR POCKETS.
6. INSTALL A 4" DEPTH, COARSE WOOD -CHIP MULCH
LAYER THROUGHOUT ENTIRE PROJECT AREA,
OUTSIDE OF LAKE WASHINGTON -ORDINARY HIGH
WATER MARK (OCH '�q) ONL Y.
7 INSTALL A TEMPORARY OR PERMENANT IRRIGA77ON
SYSTEM CAPABLE OF DELIVERING 2" OF WATER PER
WEEK TO THE EN77RE PLANTED AREA. MAINTAIN
IRRIGATION SYSTEM IN WORKING CONDITION FOR AT
LEAST TWO (2) SUMMERS AFTER IN177AL PLANT
INSTALLATION.
8. ONE YEAR AFTER INITIAL PLANT /NSTALLAT70N,
APPLY ORGANIC SLOW-RELEASE FERTILIZER SUCH
AS OSMOCOTE OR PERFECT BLEND 4-4-4 TO EACH
PLANT OUTSIDE OF LAKE WASHINGTON OH WM MARK
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MARINE RESTORATION & CONSTRUCTION LLC
P,O. 80X 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKSCMARINELLC.COM
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JERRY BRENNAN PIER PERMIT
KENMORE
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VICINITY MAP/NO SCALE
SEC: 31--24N-05E
LAT: 47' 31' 21.8204"
.Ewe I LONG: 122' 22' 19.1722°
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. 990129P� R3(11$O►CtvG
COUNTY, WASHINGTON, LYING IN SECTION 31, HIP 2 NORTH
RANGE 5 EAST, WILLAMETTE MERIDIAN, KING CO FaI i* -;;moi
SHEET INDEX:
N 387H ST
5.
2. EX
EXISTING SITE PLAN
6. CONNECVER
TIO NOS
3. PROPOSED SITE PLAN
7. PLANTING PLAN
4. PROPOSED TOP AND
8. PLANTING NOTES
ELEVATION VIEW
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VICINITY MAP/NO SCALE
SEC: 31--24N-05E
LAT: 47' 31' 21.8204"
.Ewe I LONG: 122' 22' 19.1722°
LEGAL DESCRIPTION:
ALL THAT CERTAIN PARCEL 1 AS SHOWN ON PLAT OF BOUNDARY
SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION,
RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE
155, AS RECORDER'S CERTIFICATE NO. 990129P� R3(11$O►CtvG
COUNTY, WASHINGTON, LYING IN SECTION 31, HIP 2 NORTH
RANGE 5 EAST, WILLAMETTE MERIDIAN, KING CO FaI i* -;;moi
SHEET INDEX:
I. CO PAGE
5.
2. EX
EXISTING SITE PLAN
6. CONNECVER
TIO NOS
3. PROPOSED SITE PLAN
7. PLANTING PLAN
4. PROPOSED TOP AND
8. PLANTING NOTES
ELEVATION VIEW
LAKE MAP/NO SCALE
PAGE 1/8
FAPPLICANT. JERRY BRENNAN ADJACENT OWNERS: PROPOSED: CONSTRUCT NEW PIER
D. 3411 LK WA BLVD N Q CITY OF RENTONRENTON, WA 98056 KENNYDALE BEACH
D. 3405 LK WA BLVD N 3405YLKRWANBLVD N PURPOSE: PROVIDE MOORAGE AND
LOCAL JURISDICTION: MAINTAIN NATIVE VEGETATION INTEGRITOF 8 DATE: 08/02Z2009 CITY OF RENTON DATUM: C.O.E. 0,0' EST_ 1919
MARINE RESTORATION & CONSTRUCTION LLC
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MARINE RESTORATION & CONSTRUCTION LLC
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PAGE 6
MARINE RESTORATION & CONSTRUCTION LLC
P.O. BOX 864 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E-MAIL: DOCK S@MARINELLC.COM
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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 22'd day of December 2009, affiant deposited via the United States Mail and
Certified Mail Return Receipt Requested 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.
7 UL
S' nature
SUBSCRIBED AND SWORN p));Qre me this day of _ t _4 ..� , 2009.
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Application, Petition or Case No.: Brennan Dock and Boatlift
LUA 09-136, ECF, SM, SMC
December 22, 2009
OFFICE OF THE HEARING EXAMINER
CITY OF RENTON
REPORT AND RECOMMENDATION
APPLICANT/CONTACT: Jerry Brennan
3405 Lake Washington Blvd. N
Renton, WA 98056
LUA-09-136, ECF, SM, SMC
LOCATION: 3411 Lake Washington Boulevard North
SUMMARY OF REQUEST: Shoreline Conditional Use Permit and a Shoreline Substantial
Development Permit for the construction of a new 80 -foot dock
and installation of a pre -manufactured, freestanding, portable
marine grade aluminum boatlift in association with a single-
family residence on the shore of Lake Washington.
SUMMARY OF ACTION: Development Services Recommendation: Approve
DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the
Examiner on December 1, 2009.
PUBLIC HEARING: 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 December 8, 2009 hearing.
The legal record is recorded on CD.
The hearing opened on Tuesday, December 8, 2009, at 9:00 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: Yellow file containing the original
application, proof of posting, proof of publication and
other documentation pertinent to this request.
Exhibit No. 2: Vicinity Map
Exhibit No. 3:
Proposed Site Plan
Exhibit No. 4: Proposed Top View and Proposed
Elevation View
Exhibit No. 5:
Planting Plan
Exhibit No. 6: Zoning Ma
Exhibit No. 7:
Permit
Shoreline Substantial Development
Brennan Dock and Boat lift 0 0
File No.: LUA-09-136, ECF, SM, SMC
December 22, 2009
Page 2
The hearing opened with a presentation of the staff report by Gerald Wasser, Associate Planner, Community and
Economic Development, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The property is
located at 3411 Lake Washington Boulevard North. The request is for a dock and boatlift. The dock would be
82 -feet long, 80 -feet over water. The ramp would be 27 -feet long and 4 -feet wide. The dock would be
supported by 8 eight inch pile driven steel piles and would be installed by a barge mounted crane. All
equipment and personnel would be transported to the site by the barge. The applicant will have a floating silt
curtain installed to curtail sediment dispersal in the lake during all construction activities. All construction
would take place July 16 through December 31. The construction of the dock and boatlift would take
approximately 5-7 days, the pile driving activities would be approximately 3-4 of those days.
The boatlift would be assembled and put in place by the barge mounted crane, the boatlift would be a 10' x 10'
pre -manufactured, free-standing marine grade aluminum boatlift. It would rest on 4 -foot pads that are 12"xl2"
sitting directly on the lake bottom.
The Environmental Review Committee issued a Determination of Non -Significance — Mitigated with 2
mitigation measures. No appeals were filed.
This project appears to meet the five criteria for a Shoreline Conditional Use Permit including being compatible
with other permitted uses within the area, not interfering with the public use of the public shoreline, being
compatible with the surrounding area and the City's Master Program, being in harmony with the general
purpose and intent of the City's Master Program and meeting the conditional use criteria in WAC 173-27-160.
The pre -manufactured boat lift would be solar powered, the hydraulics would be bio -degradable fluids and no
lighting has been proposed for the dock at this time.
This project does require a Shoreline Substantial Development Permit.
Jerry Brennan, 3405 Lake Washington Blvd N, Renton 98056 stated that he had an aerial photo showing the
proximity of his dock and boatlift to the Kennydale Park located just north of his property. The 80 -foot dock is
to get to a water depth of approximately 7.5 -feet, which is most beneficial to the fisheries. There would be no
plantings in the lake, after trying that he found that the movement of the water did not a] low the plantings to
survive.
Ka en Kittrick, Community and Economic Development recommended a "call before you dig and locate"
because there is a 10" sewer main right along the westerly edge of the boatlift. The main tends to be quite
shallow in that area.
Jerry Brennan stated that he has identified the sewer line and he has done an underwater topographical of the
sewer line, which appears to be an 8" line. He does not trust all drawings, so he would be having a diver locate
the line and tie buoys on it before any in -water work is done.
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 9:28 a.m.
FINDINGS, CONCLUSIONS & RECOM31ENDATION
Having reviewed the record in this matter, the Examiner now makes and enters the following:
Brennan Dock and Boat lift
File No.: LUA-09-136, ECF, SM, SMC
December 22, 2009
Page 3
FINDINGS:
The applicant, Jerry Brennan, filed a request for a Shoreline Conditional Use Permit as well as a
Shoreline Substantial Development Permit to install a boatlift as well as an associated dock in Lake
Washington.
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.
The Environmental Review Committee (ERC), the City's responsible official issued a Determination of
Non -Significance- Mitigated (DNS -M).
4. The subject proposal was reviewed by all departments with an interest in the matter.
5. There was no opposition from the public regarding the subject proposal.
6. The subject site is located at 3411 Lake Washington Boulevard North. The subject site consists of an
approximately 8,515 square foot lot. The subject site is located west of Lake Washington Boulevard on
the shoreline of Lake Washington. The subject site is immediately south of Kennydale Beach Park.
7. 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 residential uses, but does not mandate such development
without consideration of other policies of the Plan.
8. The subject site is currently zoned R-8 (Residential - 8 lots per acre). The site is developed with a
single family home.
9. The subject site was annexed to the City with the adoption of Ordinance 1800 enacted in October 1959.
10. The applicant proposes installing an 80 -foot long dock (over water length) and a 10 -foot by 10 -foot
boatlift in the lake. The dock is a permitted use for residential uses under the Shoreline Master
Program. The Shoreline Master Program does not identify boatlifts in its text as a permitted use and,
therefore, it must be reviewed under the Shoreline Conditional Use provisions.
11. As indicated, the pier or dock will be 80 feet long. The dock will vary from 4 to 8 feet in width. It
would be supported by eight 8 -inch diameter piles. The piles would be driven from a barge by drop
hammer. It would take approximately 5 to 7 days for installation with the driving taking about 4 days.
The boatlift would be freestanding and supported by 4 legs with pads set directly on the lake bed. The
pier and lift would be marine grade aluminum and a grated material to allow the passage of light to ward
off predators of salmon.
12. Code requires a five foot side yard setback from the property line. The proposal meets this requirement.
13. The work will be done in the time window specified by the state to avoid interfering with salmon
activity in the lake. A silt fence will be installed around the work area.
14. The applicant will plant native vegetation in association with dock construction.
Brennan Dock and Boat lift
File No.: LUA-09-136, ECF, SM, SMC
December 22, 2009
Page 4
15. Lake Washington's shoreline is classified as a Shoreline of Statewide Significance and therefore any
development adjacent to it is subject to the City's Shoreline Master Program. This section of the
shoreline is designated as an Urban Shoreline.
16. Other boadifts have been approved along other areas of the Lake Washington shoreline in Renton.
17. A sewer line is located in the lake bed adjacent to the subject site. Any work done in the lake will have
to be planned around the location of the line including the driving of the piles as well as the location of
the footpads for the boat lift.
18. As noted above, the subject site is located adjacent to a public park and swimming area. Staff noted that
the swimming area is cordoned off and boats are kept out of that area.
CONCLUSIONS:
The criteria for approving a Shoreline Conditional Use permit are twofold. There are City criteria and
those City criteria require compliance with additional State criteria. Those criteria are as follows:
Renton: Section 4-9-190.I.5:
5. Conditional Use:
a. Purpose: Upon proper application, a conditional use permit may be granted. The objective of
a conditional use provision is to provide more control and flexibility for implementing the
regulations of the Master Program. With provisions to control undesirable effects, the scope of
uses can be expanded to include many uses.
b. Decision Criteria: Uses classified as conditional uses can be permitted only after
consideration and by meeting such performance standards that make the use compatible with
other permitted uses within that area. A conditional use permit will be granted subject to each of
the following conditions:
i. The use must be compatible with other permitted uses within that area.
ii. The use will not interfere with the public use of public shorelines.
iii. Design of the site will be compatible with the surroundings and the City's Master
Program.
iv. The use shall be in harmony with the general purpose and intent of the City's Master
Program.
v. The use meets the conditional use criteria in WAC 173-27-160.
Washington State: WAC 173-27-160:
Review criteria for conditional use permits. The purpose of a conditional use permit is to provide a
system within the master program which allows flexibility in the application of use regulations in a
manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special
conditions may be attached to the permit by local government or the department to prevent undesirable
Brennan Dock and Boat lift
File No.: LUA-09-136, ECF, SM, SMC
December 22, 2009
Page 5
effects of the proposed use and/or to assure consistency of the project with the act and the local master
program.
(1) Uses which are classified or set forth in the applicable master program as conditional uses
may be authorized provided that the applicant demonstrates all of the following:
(a) That the proposed use is consistent with the policies of RCW 90.5 8.020 and the
master program;
(b) That the proposed use will not interfere with the normal public use of public
shorelines;
(c) That the proposed use of the site and design of the project is compatible with other
authorized uses within the area and with uses planned for the area under the
comprehensive plan and shoreline master program;
(d) That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
(e) That the public interest suffers no substantial detrimental effect.
(2) In the granting of all conditional use permits, consideration shall be given to the cumulative
impact of additional requests for Iike actions in the area. For example, if conditional use permits
were granted for other developments in the area where similar circumstances exist, the total of
the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall
not produce substantial adverse effects to the shoreline environment.
(3) Other uses which are not classified or set forth in the applicable master program may be
authorized as conditional uses provided the applicant can demonstrate consistency with the
requirements of this section and the requirements for conditional uses contained in the master
program.
(4) Uses which are specifically prohibited by the master program may not be authorized
pursuant to either subsection (1) or (2) of this section.
2. The area is zoned for residential uses. Many residential properties along Renton's Lake Washington
shoreline are served by docks and piers. Boatlifts are becoming more common. The lift is proposed for
the private areas of lake bottom and the adjacent uplands although they are located in the lake. It should
be non -intrusive visually and has become a more common element of already permitted pocks and piers.
The lift should not present an unusual obstacle to navigation. As noted, the swimming areas of the
adjacent park are already separated from boat traffic. The one additional dock and lift will be setback
from both the actual property line and swimming area.
The proposed lift should not interfere with public use of the shoreline, particularly since this is a private
shoreline. The dock and lift will extend out into the lake further than some nearby docks because of the
shape of the shoreline but the dock for the park extends out into the lake north of this site. Again, the
dock is already permitted in this area.
Brennan Dock and Boat lift
File No.: LUA-09-136, ECF, SM, SMC
December 22, 2009
Page 6
4. The lift will be setback approximately 45 feet from its north property line and 33 feet from its south
property line, more than required by code. It will not create any untoward impacts on adjacent uses or
on water -oriented uses.
The next series of criteria are contained within the Washington Administrative Code. One of the
paramount goals is to protect the ecology of the shoreline. The applicant proposes additional plantings
in conjunction with installing the dock. The lift will be out in the lake and not affect the actual
shoreline, although the dock and pilings will obviously permit and encourage boating on the lake.
6. The lot is private and extends out into the lake. The proposed lift will serve its respective lot. Private
uses are permitted in this area of the shoreline. The use is similar to those uses permitted in an urban
shoreline. The use should not impair the public use of this section of the lakeshore or the water in its
vicinity.
7. The dock and lift should not interfere with any uses that might occur in this area of the lake. The
comprehensive plan designates this area as suitable for residential uses and the usual complement of
accessory uses. On a lakeshore property, piers, docks and similar uses including the proposed lift would
be considered reasonable accessory uses.
The proposed lift should not create any significant adverse affects on the shoreline environment. The
pier and lifts should not further harm the public interest.
As noted in earlier decisions, the analysis of cumulative impact or impacts is hard to judge. This is an
urban shoreline of Lake Washington and piers have been an accepted accessory use of waterfront
property and others already exist in Renton and surrounding shoreline areas. The lifts and pilings would
be located shoreward of the pier's end. Any number of docks already protrude out into the lake from
many of the homes along the shore. Clearly, there have had to be impacts to water quality and habitat as
a result of motor boating and docks shading the lake and some of the shallow areas. This additional
action will probably not have much of a significant effect on the lake or shore.
10. Since the lift is neither permitted nor prohibited outright, it requires review under the Conditional Use
criteria. The proposed use is generally consistent with the criteria noted above.
11. The applicant will have to observe due caution when working near or over the existing sewer line
located in the lake bed.
RECOMMENDATION:
The Conditional Use Permit and the Shoreline Substantial Development Permit for the pier and boatlift
should be approved subject to the following conditions:
The applicant shall comply with the mitigation measures imposed by the Environmental Review
Committee in its Determination of Non -Significance — Mitigated issued on November 9, 2009.
2. The applicant shall comply with all construction conditions by the State agencies and all
construction conditions provided in the application submitted to the City.
3. The applicant shall have to observe due caution when working near or over the existing sewer
line located in the lake bed.
Brennan Dock and Boat lift 0
File No.: LUA-09-136, ECF, SM, SMC
December 22, 2009
Page 7
ORDERED THIS, 22nd day of December 2009.
FRED J. KAUF
HEARING EXANNER
TRANSMITTED THIS 22nd day of December 2009 to the parties of record:
Gerald Wasser
1055 S Grady Way
Renton, WA 98055
Kayren Kittrick
1055 S Grady Way
Renton, WA 98055
Jerry Brennan
3405 Lake Washington Blvd. N
Renton, WA 98056
TRANSMITTED THIS 22nd day of December 2009 to the following:
Mayor Denis Law
Jay Covington, Chief Administrative Officer
Julia Medzegian, Council Liaison
Marty Wine, Assistant CAO
Gregg Zimmerman, PBPW Administrator
Alex Pietsch, Economic Development
Jennifer Henning, Development Services
Stacy Tucker, Development Services
•
Dave Pargas, Fire
Larry Meckling, Building Official
Planning Commission
Transportation Division
Utilities Division
Neil Watts, Development Services
Janet Conklin, Development Services
Renton Reporter
Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in
writing on or before 5.00 p.m., January 5, 2010 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 $250.00 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., January 5, 2010.
If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the
executed Covenants will be required prior to approval by City Council or final processing _of_the file. You
may contact this office for information on formatting covenants.
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
Brennan Dock and Boat lift
File No.: LUA-09-136, ECF, SM, SMC
December 22, 2009
Page 8
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.
I
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Mayor
Department of
December 30, 2009
City of
Community & Economic Development
State Department of Ecology
Northwest Regional Office
3190 160th Ave. 5E
Bellevue-, WA 98008-5452
SUBJECT: Shoreline Management Substantial Development Permit for Brennan Dock &
Boatlift
File No. CUA09-136, ECF, SM, SMC
Dear Sir or Madam:
Enclosed is the Shoreline Substantial Development Permit for the above referenced project. The
permit was issued by the City of. Renton on December 28, 2009. A Determination of Non-
Significance-Mitigatedwas issued by the City's Environmental Review Committee on November 9,
2009. The appeal period endedNovember 30, 2009, no appeals of the threshold determination
were filed.
We are filing this action with the Department of Ecology and the Attorney General per WAC 173-14-
090. Please review this permit and attachments and contact me at (425) 430-7382 if you have any
questions or need additional information.
Sincerely,
erald C. Wa er
Associate Planner
.Enclosures: Administrative Decision
Legal Description
Copy of Master Application
Project Narrative
Neighborhood Detail Map .
Notice of Application
SEPA Checklist
SEPA Determination
DNS -M Mitigation Measures
DNS -M Advisory Notes
cc: Office of Attorney General
Jennifer Henning, Current Planning Manager
Jerry Brennan / Applicant/Owner
Yellow File
DOE SM Cover "Oh
F en�on City Hal! • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT
EVALUATION FORM & DECISION
DATE OF PERMIT ISSUANCE:
LAND USE ACTION FILE NO.:
DATE RECEIVED:
DATE OF PUBLIC NOTICE:
TYPE OF ACTION(S):
December 30, 2009
LUA09-136, ECF, SM, SMC
October 9, 2009
October 20, 2009
® Substantial Development Permit
® Conditional Use Permit
Variance Permit
Pursuant to Chapter 90.58 RCW, the Hearing Examiner recommends that the City of Renton
grant a Shoreline Substantial Development Permit and a Shoreline Conditional Use Permit.
This action is proposed on the following application:
PROJECT NAME: Brennan Dock and Boatlift
PROJECT MANAGER: Gerald Wasser, Associate Planner
OWNER/APPLICANT: Jerry Brennan, 3405 Lake Washington Blvd. N, Renton,
WA 98056
CONTACT: Same as above
PROJECT LOCATION: 3411 Lake Washington Blvd. N
LEGAL DESCRIPTION: See Attachment A
SEC-TWN-R: SE 1/4 Section 31, Towhship 24N, Range 5E
WITHIN THE SHORELINES OF: Lake Washington
APPLICABLE MASTER PROGRAM: City of Renton
PROPOSAL DESCRIPTION: The applicant is requesting approval of a Shoreline
Conditional Use Permit and a Shoreline Substantial Development Permit for the construction
of a new 80 -foot long dock and installation of a pre -manufactured, freestanding, portable,
marine grade aluminum boatlift in association with a single family residence on the shore of
Lake Washington, a Shoreline of Statewide Significance. The project site is an 8,517 square
r 1
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DEPARTMENT OF COMMUNITY City of
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT
EVALUATION FORM & DECISION
DATE OF PERMIT ISSUANCE:
LAND USE ACTION FILE NO.:
DATE RECEIVED:
DATE OF PUBLIC NOTICE:
TYPE OF ACTION(S):
December 30, 2009
LUA09-136, ECF, SM, SMC
October 9, 2009
October 20, 2009
® Substantial Development Permit
® Conditional Use Permit
❑ Variance Permit
Pursuant to Chapter 90.58 RCW, the Hearing Examiner recommends that the City of Renton
grant a Shoreline Substantial Development Permit and a Shoreline Conditional Use Permit.
This action is proposed on the following application:
PROJECT NAME: Brennan Dock and Boatlift
PROJECT MANAGER: Gerald Wasser, Associate Planner
OWNER/APPLICANT: Jerry Brennan, 3405 Lake Washington Blvd. N, Renton,
WA 98056
CONTACT: Same as above
PROJECT LOCATION: 3411 Lake Washington Blvd. N
LEGAL DESCRIPTION: See Attachment A
SEC-TWN-R: SE 1/4 Section 31, Towhship 24N, Range 5E
WITHIN THE SHORELINES OF: Lake Washington
APPLICABLE MASTER PROGRAM: City of Renton
PROPOSAL DESCRIPTION: The applicant is requesting approval of a Shoreline
Conditional Use Permit and a Shoreline Substantial Development Permit for the construction
of a new 80 -foot long dock and installation of a pre -manufactured, freestanding, portable,
marine grade aluminum boatlift in association with a single family residence on the shore of
Lake Washington, a Shoreline of Statewide Significance. The project site is an 8,517 square
City of Renton Department of Comty & Economic Development Shoreline Monagement Permit
Brennan Dock and Boat6ft LUA09-136, ECF, SM, SMC
DATE OF PERMIT: December 30, 2009 Page 2 of 3
foot lot in the Residential - 8 dwelling units per acre (R-8) zone, Dock construction would be
accomplished by driving eight 8 -inch diameter steel piles via a barge -mounted drop hammer
pile driving system. Boatlift assembly would be done with common hand tools. All work
would take place within the Washington Department of Fish and Wildlife construction
window, July 16 through December 31. Because boatlifts are not specifically identified in the
Shoreline Master Program regulations, approval of a Shoreline Conditional Use Permit is
required prior to their installation.
The following section/page of the Master Program is applicable to the development:
RMC Section
Description
Page
4-3-090J
Urban Environment
3-25
4-3-090K
General Use Regulationsfor All Shoreline Uses
3-26
4-3-090L
Specific Use Regulations
3-27
4-3-090M
Variances and Conditional uses
3-39
4-9-1901.1, 2, 3, 5
Variances and Conditional Uses
9-54
Development of this project shall be undertaken pursuant to the following terms and
conditions:
1. The applicant shall comply with all construction conditions of State agencies.
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 conditions) hereof.
3. Construction permits shall not be issued until twenty-one (21) days after approval by
the Washington State Department of Ecology or until any review proceedings initiated
within this twenty-one (21) day review period have been completed.
\ I )Z *3a o4k
C. E. "Chip" Vincent, Planning Director Date
Planning Division
APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made
directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within
the twenty-one (21) days of receipt of the final order and concurrently filing copies of such
City of Renton Deportment of Comm ity & Economic Development Shoreline Monogement Permit
Brennan Dock and Boatlrft LUA09-136, ECF, SM, SMC
DATE OF PERMIT: December 30, 2009 Page 3 of 3
request with the Washington State Department of Ecology and the Attorney General's office as
provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal
notices shall also be filed with the City of Renton Planning Division and the City Clerk's office.
EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized
by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or
activity, for which a permit has been granted pursuant to this Master Program must be
commenced within two (2) years of the effective date of a shoreline permit, or the shoreline
permit shall terminate, and a new permit shall be necessary. However, the Planning Division
may authorize a single extension for a period not to exceed one year based on reasonable
factors, if a request for extension has been filed with the Planning Division before the
expiration date, and notice of the proposed extension is given to parties of record and the
Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF
CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be
issued, and foundation inspections must be completed before the end of the two (2) year
period.
Attachments:
A. Legal Description
B. Proposed Site Plan
cc: Attorney General's Office
Jerry Brennan - Owner/Applicant
City of Renton Off ical File
AT"i"Aci1MF-NT p,
0 0
Legal Description:
All that certain parcel 1 as shown on plat of Boundary Survey for .ferry 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 01 048'16" East,
2455.27 feet; thence North 88011'44" 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°28'44",
an arc length of 124.32 feet; thence North 72018W West, 186.95 feet to a point on the Southeasterly
line of Mountain View Avenue; thence North 24057'59" 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 20005'21" 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.
•
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CITY OF RENTON
'
DEPARTMENT OF COMMUNITY & 20ONQ[N|C DEVELOPyNENT' PLANNING DIVISION
AFFIDAVIT OF SERVICE BY MAILING
Onthe 12thday nfNuvonoor,2OO9 | deposited inthe mails ofthe United States, asealed envelope containing
ERC Determination documents. This -information was sent to:
Agencies See Attached
(Signature of5ended:
STATE DFWASHINGTON \ *'
) SS
COUNTY DFKING )
| certify that | know orhave satisfactory evidence that Stacy M. Tucker
signed this instrument and acknowledged it to be h|s/hnntheirfnee and voluntary act for the uses and purposes
mentioned in the instrument.
It
Dated:
Notary �ublic in an4yf/r the Sate of �Ipifngion
Ncta,v(Phnt): OL-- L— I .°.~ 1J^BJ�—_~.
(Print):
My appointment expires:
Brennan Dock & Boatlift
0
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AGENCY (DOE) LETTER MAILING
(ERC DETERMINATIONS)
Dept. of Ecology *
WDFW - Larry Fisher*
Muckleshoot Indian Tribe Fisheries Dept.
Environmental Review Section
1775 12th Ave. NW Suite 201
Attn: Karen Walter or SEPA Reviewer
PO Box 47703
Issaquah, WA 98027
39015 — 172nd Avenue SE
Olympia, WA 98504-7703
Auburn, WA 98092
WSDOT Northwest Region *
Duwamish Tribal Office *
Muckleshoot Cultural Resources Program
Attn: Ramin Pazooki
4717 W Marginal Way SW
Attn: Ms Melissa Calvert
King Area Dev. Serv., MS -240
Seattle, WA 98106-1514
39015 172"d Avenue SE
PO Box 330310
Auburn, WA 98092-9763
Seattle, WA 98133-9710
US Army Corp. of Engineers *
KC Wastewater Treatment Division *
Office of Archaeology & Historic Preservation*
Seattle District Office
Environmental Planning Supervisor
Attn: Gretchen Kaehler
Attn: SEPA Reviewer
Ms. Shirley Marroquin
PO Box 48343
PO Box C-3755
201 S. Jackson 5T, MS KSC-NR-050
Olympia, WA 98504-8343
Seattle, WA 98124
Seattle, WA 98104-3855
Boyd Powers *
Depart. of Natural Resources
PO Box 47015
Olympia, WA 98504-7015
KC Dev. & Environmental Serv.
City of Newcastle
City of Kent
Attn: SEPA Section
Attn: Steve Roberge
Attn: Mr, Fred Satterstrom, AICP
900 Oakesdale Ave. SW
Director of Community Development
Acting Community Dev. Director
Renton, WA 98055-1219
13020 Newcastle Way
220 Fourth Avenue South
Newcastle, WA 98059
Kent, WA 98032-5895
Metro Transit
Puget Sound Energy
City of Tukwila
Senior Environmental Planner
Municipal Liaison Manager
Steve Lancaster, Responsible Official
Gary Kriedt
Joe Jainga
6200 Southcenter Blvd.
1201 South Jackson Street KSC-TR-0431
PO Box 90868, MS: XRD-01W
Tukwila, WA 98188
Seattle, WA 98104-3856
Bellevue, WA 98009-0868
Seattle Public Utilities
Real Estate Services
Attn: SEPA Coordinator
700 Fifth Avenue, Suite 4900
PO Box 34018
Seattle, WA 98124-4018
*Nate: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities
will need to be sent a copy of the checklist, Site Plan PMT, and the notice of application.
template - affidavit of service by mailing
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city of
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NOTICE
OF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING
ISSUANPOAQ DETETIFY RMINATION D NON -SIGNIFICANCE MITIGATED ONS -M)
OSDOPERSONS OF ANENVIRONMEALACON
PROJECT NAME: Brennan Pock&Soatlift
PROJECT NUMBER: LUA09-136, ECF, SM, SMC
LOCATION: 3411 Lake Washington Blvd N
DESCRIPTION: Applicant requests SEPA Review and apprawl of a Shoreline CUP and Shoreline
Substantial Development Permit for a dock and boaUitt on an 11,517 $1 lot In the R -B Zone.
ENVIRONMENTALTHE CITY OF RENTON THE
PROPOSED ACTION DOES NOT HAVE ASIGNIFI AN SIGNIFICANT IMPACT OHE ENVIRONMENT.M. On November 30,
Appeals of the envimnmentaY determinationtherwith the required feed e with: Hearing Exam err, City of Renton, ID55 South GrOady
Appeals must be Fled in writing tage
Way, Renton, WA 9a057. Appeals to the Examiner are governed by Cjsty of Renton Municipal Code Section 4 -9 -Illi.
Additional information regarding the appeal process may be ohtair,ed From the Renton City Clerk's Office, 14251 410
6510.
A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AlHIS REGULAR
MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY
9:00 AM TO
CWAY, RENTON, ONDITIONAL USEHIANDO SHORELINEMBERSSUB S SUBSTANTIAL DEVELOPMENT
PERMDER HE TS. SHOTE TINE
ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS
PUBLIC HEARING.m'a®
--�..
ARTMENT OF
FOR FURTHECCOMMUN TY & FORMATION,
O DEVELOPMENTACTTHE NT TY OF �
T AT (A 5I 430-70246
DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION
Please Include the project NUMBER when calling for proper file identification.
CERTIFICATION
4in
hereby certify that 1-3copie "f the above document
were posted by mconspicuous places or nearby tl cribed W yer. ' ►t;I;,
DATE:-//// SIGNED
ATTEST: Subscribed and sworn before me, a Notary Public, in and for the S
on the % day of 001
Denis Law
0
Mayor
November 16, 2009
Kevin Lindahl & Rebecca Byus
3719 Lake Washington Blvd N
Renton, WA 98056
k_.__.. City of: ��
Department of Community and Economic Development
Alex Piet5ch,Admini5trator
SUBJECT: Notice of Complete Application
Lindahl Addition Variances, LUA09-141, SME, SMV, V-A
Dear Mr. Lindahl & Ms. Byus:
This letter is to inform you that the public hearing scheduled on November 24, 2009 for the
above subject project has been rescheduled for December 1, 2009.
The applicant or representative(s) of the applicant are required to be present at the public
hearing. A copy of the staff report will be mailed to you prior to the scheduled hearing.
if you have any questions, please contact me at (425) 430-7314.
Sincerely,
Vanessa Dolbee
(Acting) Senior Planner
Renton City Hall 9 1055 South Grady Way 9 Renton, Washington 98057 9 rentonwa.gov
City of Rn Department of Community & Economic Delopment
ENVIRONMENTAL & DE'VELOPME'NT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: ,—
COMMENTS DUE: NOVEMBER 12, 2009
APPLICATION NO: LUA09-141, SMV, SME, V-A
DATE CIRC D: OB 2009
APPLICANT: Kevin Lindahl & Rebecca Byus
PLANN : Vanessa Dolbee
PROJECT TITLE: Lindahl Addition Variances
PLAN R EWER: Kayren Ki
SITE AREA: 2,255 square feet
EXISTING BLDG AREA (gross): 2,850 square feet
LOCATION: 3719 Lake Washington Blvd N
PROPOSED BLDG AREA (gross) 108 square feet
WORK ORDER NO: 78148
SUMMARY OF PROPOSAL: The applicant is requesting a shoreline exemption for the construction of an addition to an existing single-
family residence located at 3719 Lake Washington Boulevard North within the Residential 8 (R-8) dwelling units per net acre zone.
The site is located within 200 feet of Lake Washington therefore the development is subject to the Shoreline Master Program
(SMP). Additionally the applicant is requesting two variances; the first variance is from RMC 4-2-110A to allow a 3.416 -foot side
yard setback instead of the 5 -foot side yard setback required in the R-8 zone and the second variance is from RMC 4-3-090L.14.b to
allow a 16.916 setback from the Ordinary High Water Mark (OHWM) of Lake Washington instead of the 25 -foot setback required
by the SMP. The site is accessed from Lake Washington Boulevard. The proposed 108 square foot addition would be located on
the third story of the existing house within the existing building footprint.
A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS
Element of the Probable Probable More
Environment Minor Major Information
impacts Impacts Necessary
Eorth
Air
Water
Plants
Land/Shoreline Use
Animals
Environmental Health
Energy/
Natural Resources
Element of the Probable Probable More
Environment Minor Major Information
Impacts Impacts Necessary
Housing
Aesthetics
Light/Glare
Recreation
Utilities
Trans ortatian
Public Services
Historic/Cultural
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 where a d t al in for tion i o roperly assess this proposal.
Signature of Director or Authorized Representative Date
CITY OF RENTON
DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION
AFFIDAVIT OF SERVICE BY MAILING
On the 1st day of December, 2009, 1 deposited in the mails of the United States, a sealed envelope containing
Public Hearing Notification documents. This information was sent to:
Name Representing
300 ft Surrounding Property Owners See Attached
I Jerry Brennan I Owner/Applicant/Contact
(Signature of Sender):
STATE OF WASHINGTON j
j SS
COUNTY OF KING j
I certify that I know or have satisfactory evidence that Stacy M. Tucker
signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and pRrp "fi
mentioned in the instrument. �I�r�f�
Dated:y�
-.
Notary Public in and f e State of Wasl ingtm - Y
Notary (Print): y-
My appointment expires: Ifolio
INBrennDock & Boatlift
LUA09-136, ECF, SM, SMC
0
0
334310365709 334210300102 334210275007
BRENNAN JERRY CORRELL KEVIN L+SUSANA DAO HUNG+LOAN BUI
3405 LAKE WASHINGTON BLVD N 3502 BURNETT AVE N 900 N 34TH ST
RENTON WA 98056 RENTON WA 98056 RENTON WA 98056
334210369503
DELOOF SUSAN
469 TACOMA AVE NE
RENTON WA 98056
334210362508
LUCK VIRGINIA E
285 SAND DUNE AVE NW
OCEAN SHORES WA 98569
334210001502
SAN DJAY LLC
4957 LAKEMONT BLVD SE #C428
BELLEVUE WA 98006
334210003003
FAWCETT JAMES R ESTATE
JANET MILES EX
PO BOX 454
OCEAN SHORES WA 98569
334210251008
NICOLI BRUNO I & SARAH C
3404 BURNETT AVE N
RENTON WA 98056
334210001007
GEIGER DEAN A+SARAH C
3415 BURNETT AVE N
RENTON WA 98056
334210002005
POTOSHNIK MIKE JR
3403 BURNETT AVE N
RENTON WA 98056
City of`,
PUBLIC HEARING
CITY OF 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, Washington, on December 8, 2009 at 9:00 a.m. to consider the following
project:
Brennan Dock & Boatlift
FILE NO. LUA09-136, ECF, SM, SMC
Location: 3411 Lake Washington Blvd. N Description: The applicant is requesting approval of a Shoreline
Conditional Use Permit and a Shoreline Substantial Development Permit for the construction of a new 80 -
foot long dock and installation of a pre -manufactured, freestanding, portable, marine grade aluminum
boatlift in association with a single family residence on the shore of Lake Washington, a Shoreline of
Statewide Significance.
FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF
RENTON HEARING EXAMINER'S OFFICE AT 425-430-6515
Please include the project NUMBER when calling for proper file identification.
0 0
CITY OF RENTON
DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION
AFFIDAVIT OF SERVICE BY MAILING
On the 1st day of December, 2009, 1 deposited in the mails of the United States, a sealed envelope containing
Preliminary Report to the Hearing Examiner documents. This information was sent to:
i Name I ReoresentinE I
! Jerry Brennan I Owner/Applicant/Contact
(Signature of Sender):
STATE OF WASHINGTON )
SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Stacy M. Tucker
signed this instrument and acknowledged it to be his/her/their free and voluntary act for the us*sa.'ffllhb Wses
mentioned in the instrument.
Dated:-ikfi
Notary Public in a r the State of Washingfon
Notary (Print): yam,
My appointment expires: _� C) 1,ljj1► 1A�SH�t55v��
Brennan Dock & Boatlift
- NO W --W
LUA09-136, ECF, SM, SMC
Denis Law
Mayor
December 1, 2009
Jerry Brennan
3405 Lake Washington Blvd N
Renton, WA 98055
City of,, Y
1 * 85
f I
I ttk
Department of Community and Economic Development
Alex Pietsch,Administrator
SUBJECT: Brennan Dock & Boatlift
LUA09-136, ECF, SM, SMC
Dear Mr. Brennan:
This letter is to inform you that the appeal period ended November 30, 2009 for the
Environmental Review Committee's (ERC) Determination of Non -Significance - Mitigated for
the above -referenced project.
No appeals were filed on the ERC determination therefore, this decision is final. The applicant
must comply with all ERC Mitigation Measures outlined in the Report and Decision dated
November 9, 2009. A Hearing Examiner Public Hearing has been scheduled for December 8,
2009, where Site Plan Conditions may be issued. The applicant or representative(s) of the
applicant are required to be present. Enclosed is a copy of the Preliminary Report to the
Hearing Examiner for your review.
If you have any questions, please feel free to contact me at (425) 430-7382.
For the Environmental Review Committee,
Lam,
Gerald C. Wasser
Associate Planner
Enclosure
Renton City Hall • 1055 South Grady Way • Renton. Washington 98057 • rentonwa.gov
0
DEPARTMENT OF COMMUNITY D City of'
AND ECONOMIC DEVELOPMENT
HEARING EXAMINER PUBLIC HEARING
December 8, 2009
AGENDA
COMMENCING AT 9:00 AM,
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 Dock & Boatlift
PROJECT NUMBER: LUA09-136, ECF, SM, SMC
PROJECT DESCRIPTION: The applicant is requesting approval of a Shoreline Conditional Use
Permit and a Shoreline Substantial Development Permit for the construction of a new 80 -foot
long dock and installation of a pre -manufactured, freestanding, portable, marine grade
aluminum boatlift in association with a single family residence on the shore of Lake
Washington, a Shoreline of Statewide Significance.
HEX Agenda 12-8-09.doc
i • -
PUBLIC
City of Renton
Department of Community & Economic Development
HEARING
PRELIMINA R Y REPOR T TO THE HEARING EXAMINER
A.
SUMMARY AND PURPOSE OF REQUEST
PUBLIC HEARING DATE:
December 8, 2009
Project Nome:
Brennan Dock and Boatlift
Owner/Applicant:
Jerry Brennan, 3405 Lake Washington Blvd. N, Renton, WA 98056
Contact:
Same as above
File Number:
LUA09-136, ECF, SM, SMC
Project Manager:
Gerald C. Wasser, Associate Planner
Project Summary:
The applicant is requesting approval of a Shoreline Conditional Use Permit and a
Shoreline Substantial Development Permit for the construction of a new 80 -foot
long dock and installation of a pre -manufactured, freestanding, portable, marine
grade aluminum boatlift in association with a single family residence on the
shore of Lake Washington, a Shoreline of Statewide Significance. The project
site is an 8,517 square foot lot in the Residential - 8 dwelling units per acre (R-8)
zone. Dock construction would be accomplished by driving eight 8 -inch
diameter steel piles via a barge -mounted drop hammer pile driving system.
Boatlift assembly would done with common hand tools. All work would take
place within the Washington Department of Fish and Wildlife construction
window, July 16 through December 31. Because boatlifts are not specifically
identified in the Shoreline Master Program regulations, approval of a Shoreline
Conditional Use Permit is required prior to their installation.
Project Location:
3411 Lake Washington Blvd. N
Exist. Bldg. Area SF:
3,570 sf Proposed New Bldg. Area (gross): 416 sf (dock)
Site Area:
8,517 sf Total Building Area GSF: N/A
HEX Rpt. 09-13 6. doc-1 3 6 Project Coca tion Map
0 0
City of Renton Department Community & Economic Development preliminary Report to the Heoring Examiner
Brennan Dock & BoatNft WA09-136, ECF, SM, SMC
Report of December 8, 2009 Nage 2 of 8
B. EXHIBITS:
Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other
C. GENERAL INFORMATION:
1. Owners of Record: Jerry Brennan, 3405 Lake Washington Blvd, N, Renton, WA 98056
2. Zoning Designation: Residential — 8 dwelling units per acre (R-8) zone
3. Comprehensive Plan Residential Single Family (RSF)
Land Use Designation:
4. Existing Site Use: Single family residence under construction
S. Neighborhood Characteristics:
North: Kennydale Beach Park — R-8 zoning
East: BNSF Railroad tracks; Lake Washington Blvd. N; and single family
residences— R-8 zoning
South: Single family residence — R-8 zoning
West: Lake Washington
6. Access: Lake Washington Boulevard North
7. Site Area: 8,517 sf
8. Project Data: Area Comments
Existing dock/pier area: N/A N/A
Proposed new pier area: 416 sf To be constructed in conjunction with a single family
house under construction
D. HISTORICAL/BACKGROUND:
Action
material pertinent to the review of the project.
Exhibit 2:
Vicinity Map
Exhibit 3:
Proposed Site Plan
Exhibit 4:
Proposed Top View and Proposed Elevation View
Exhibit 5:
Planting Plan
Exhibit 6:
Zoning Map
Exhibit 7:
Shoreline Substantial Development Permit
C. GENERAL INFORMATION:
1. Owners of Record: Jerry Brennan, 3405 Lake Washington Blvd, N, Renton, WA 98056
2. Zoning Designation: Residential — 8 dwelling units per acre (R-8) zone
3. Comprehensive Plan Residential Single Family (RSF)
Land Use Designation:
4. Existing Site Use: Single family residence under construction
S. Neighborhood Characteristics:
North: Kennydale Beach Park — R-8 zoning
East: BNSF Railroad tracks; Lake Washington Blvd. N; and single family
residences— R-8 zoning
South: Single family residence — R-8 zoning
West: Lake Washington
6. Access: Lake Washington Boulevard North
7. Site Area: 8,517 sf
8. Project Data: Area Comments
Existing dock/pier area: N/A N/A
Proposed new pier area: 416 sf To be constructed in conjunction with a single family
house under construction
D. HISTORICAL/BACKGROUND:
Action
Land Use File No.
Ordinance No.
Date
Annexation
N/A
1800
10/14/1959
Comprehensive Plan
N/A
5099
11/01/2004
Zoning
N/A
5100
11/01/2004
Shoreline Variance
LUA07-069
N/A
09/06/2007
Shoreline Exemption
LUA07-069
N/A
10/12/07
HEX Rpt.09-136.doc
0
0
City of Renton Deportment Community & Economic Development Preiiminory Report to the Mooring Cxominer
Brennan Dock & Boatfift LUA09-136, ECF, SM, 5MC
Report of December 8, 2009 Page 3 of 8
E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Chapter 2 Zoning Districts— Uses & Standards
Section 4-2-110: Development Standards for Residential Zoning Designations
Chapter 3 Environmental Regulations and Special Districts
Section 4-3-050: Critical Areas Regulations
Section 4-3-090: Shoreline Master Program Regulations
3. Chapter 9 Procedures and Review Criteria
Section 4-9-190: Shoreline Permits
4. Chapter 11 Definitions
F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN:
1. Land Use Element: Residential single family objectives and policies.
Z. Environmental Element: Fisheries and Wildlife Resources objectives and policies.
G. DEPARTMENT ANALYSIS:
I. Project Description/Background
The applicant has requested a Shoreline Conditional Use Permit and a Shoreline Substantial
Development Permit for the construction of a new dock and the installation of a boatlift in
conjunction with a single family residence. The property is 8,517 square feet in size and
contains a single family residence (under construction) located at 3411 Lake Washington Blvd.
N on the shore of Lake Washington, a Shoreline of Statewide Significance. The residential
structure was granted a Shoreline Exemption and variances for reducing the required 25 -foot
setback from the water's edge to a minimum of 17 -feet and reducing the side yard setback
from 15 -feet to 2 -feet (LUA07-069).
The proposed project encompasses the construction of a 416 square foot, 80 -foot long (over
water and 82 -feet total), 4 to 8 -foot wide dock and the assembly and installation of a
freestanding, pre -manufactured, marine grade aluminum boatlift.
The dock construction would be accomplished by driving eight 8 -inch diameter steel piles via a
barge -mounted drop -hammer pile driving system. Construction and staging of materials would
be conducted using a barge. Any storage of materials on land would be landward of the
Ordinary High Water Line (OHWL). All construction debris would be removed from the site and
appropriately disposed of on land.
The proposed dock would consist of a 4 -foot wide, 27 -foot long fully grated ramp (with 2 -feet
landward of the existing bulkhead/OHWL) and a 4 to 8 -foot wide, 55 -foot long fully grated pier
section for a total over water length of 80 -feet with a total area of 416 square feet. The dock
would be supported by eight 8 -inch diameter steel batter piles which would be installed by
barge -mounted drop hammer pile driving system. The proposed freestanding, pre -
manufactured, marine -grade boatlift would be 10 -feet by 10 -feet and would rest on four 12 -
inch square footpads directly on the lake bottom. The bottom of the dock at its lowest point is
HEX Rpt.09-136.doc
City of Renton Deportment Community & Economic Development Preliminary Report to the Nearing Examiner
Brennan Dock & Boatiift tUA09-136, ECF, SM, SMC
Report of December 8, 2009 Page 4 of 8
proposed to be approximately 2.5 -feet above the OHWL and approximately 6.75 -feet above the
OHWL at its highest point. Native vegetation would be planted in association with the
proposed dock.
Construction and installation is anticipated to take approximately 5 to 7 days to complete and
would occur during the authorized Washington Department of Fish and Wildlife construction
window for this location, July 16 through December 31. A vibratory pile driver would be used
for 3 to 4 days to set piles. All materials, equipment, and construction personnel would be
transported to the site via construction barge from the contractor's facility. All dock sections
and the boatlift would be pre -fabricated and delivered to the site by construction barge. A silt
containment curtain would be installed around the work area.
The dock and boatlift would provide moorage and facilitate access to Lake Washington for the
residents of the upland property and their guests_ The subject property has approximately 82 -
feet of lakefront with an existing rock bulkhead.
2. Environmental Review
Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.210, 1971 as
amended) on November 9, 2009 the Environmental Review Committee (ERC) issued a
Determination of Non -Significance - Mitigated (DNS -M) for the Brennan Dock and Boatlift. A
14 -day appeal period ended on November 30, 2009. No appeals of the threshold
determination were filed.
3. Compliance with ERC Mitigation Measures
Based on an analysis of probable impacts from the proposal, the Environmental Review
Committee (ERC) issued on August 10, 2009 the following mitigation measures with the
Determination of Non -.Significance — Mitigated:
1. The applicant shall use the recommendations identified in the Lake Study, prepared by The
Watershed Company, dated October 6, 2009; and
2. Floating silt containment curtains shall be installed in the lake around the construction
operation to control dispersion of any accidental short term disturbance of sediments.
4. 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.
5. Consistency with Shoreline Conditional Use Criteria:
RMC Section 4-9-190.1 lists 5 criteria that the Hearing Examiner is asked to consider when
making a decision on a Shoreline Conditional Use application. These include the following:
(1) The use must be compatible with other permitted uses within the area.
HEX Rpt.09-136.doc
City of Rentor? Deportment Community & Ec000mic Development Preliromury Report to the Nearing Examiner
Brennan Dock & Soatlift LUA09-136, ELF, SM, sMC
Report of Decernber 8, 2009 Page 5 of 8
The applicant proposes to construct a dock and to install a pre -manufactured freestanding
boatlift in association with an existing single family residence on the shore of Lake Washington.
The waterfront in the vicinity of the proposed project to the north along this portion of Lake
Washington is currently being developed with residential water -related uses. The site currently
does not include a dock or boatlift. Other recently approved docks and boatlifts include: a joint
use dock and two boatlifts in association with two townhouse units located at 4113 and 4119
Williams Avenue N (LUA09-074); a joint use dock and two boatlifts in association with two
townhouse units located at 4101 and 4107 Williams Avenue N (LUA09-067); a dock and boatlift
in association with two townhouse units located at 4057 and 4063 Williams Avenue N (LUA09-
045); a dock and boatlift in association with a single family residence located at 3707 Lake
Washington Boulevard N (LUA09-006); a boatlift inside an existing boathouse in association
with an existing single family residential dock located at 3709 Lake Washington Boulevard N
(LUA08-047); and a community dock at Conner Homes at Barbee Mill located at 4205 Williams
Avenue N (LUA08-027).
(2) The use will not interfere with the public use of public shorelines.
The subject site is along private shoreline. The proposed 80 -foot long single family residential
dock and boatlift would be located along the shore of Lake Washington. The proposed project
would meet City of Renton development standards and Building Code requirements. The
proposed use would provide full-time moorage opportunities for the property owner and
transient moorage for guests. The proposal would not alter the public's ability to access the
shoreline. Kennydale Beach Park which is located to the north of the proposed project site
provides public access to the shoreline.
(3) Design of the site will be compatible with the surroundings and the City's Master
Program.
The proposed 416 square foot, 80 -foot long, 4 to 8 -foot wide residential dock and 10 -foot x 10 -
foot freestanding residential boatlift would be associated with an existing single family
residence. The City's Shoreline Master Program regulations require a minimum 5 -foot setback
to an adjacent property line and that residential docks not exceed 80 -feet in length. The
proposed project complies with these requirements. The boatlift is compatible with other
properties with such structures in the surrounding area. Additionally, it is compatible with
other properties in the surrounding area in that individual docks are found on many individual
waterfront properties.
The City's Shoreline Master Program (WAC 173-26-230 b) states the design and construction
shall avoid or, if that is not possible, shall minimize and mitigate the impacts to ecological
functions and critical areas resources. The proposed residential dock and boatlift are
compatible with the objectives and policies of the City's Master Program as an accessory water
use to existing residential uses. The fully grated design of the dock and boatlift in addition to
shoreline plantings would mitigate and minimize impacts to ecological functions and critical
areas resources.
(4) The use shall be in harmony with the general purpose and intent of the City's Master
Program,
HEX Rpt,09-136.doc
City of Renton Department Community & Economic Development Prefimioory Report to the Hearinq Examiner
Brennan Dock & Boatiift _ LUA09-135, ECF, 5M, 5MC
Report of December 8, 2009 Page 6 of 8
The City's Shoreline Master Program gives preference to uses which preserve the natural
character of the shoreline; result in long term over short term benefit; and, protect the
resources and ecology of the shoreline. The proposed dock is a residential accessory use often
associated with waterfront residences. Boatlifts provide a way of securing watercraft to docks.
The dock would be fully grated allowing light to pass through and native plantings would be
installed. These enhancements would aid in the preservation of the natural character and
would protect the resources and ecology of the shoreline while resulting in long term benefit.
(5) The use meets the conditional use criteria in WAC 173-27-160, to provide a system
within the Master Program, which allows flexibility in the application of use regulations
in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional
use, special conditions may be attached to the permit by local government or the
department to prevent undesirable effects of the proposed use and/or to assure
consistency of the project with the act and the local master program.
(A) Uses which are classified or set forth in the application master program as
conditional uses may be authorized provided that the applicant demonstrates all
the following:
i) That the proposed use is consistent with the policies of RCW 90.58.020 and
the Master Program. Lake Washington is classified as a Shoreline of
Statewide Significance. Shoreline plantings will enhance the upland area.
Boatlifts are often considered appurtenances to residential docks in that
they provide a more secure moorage for watercraft. RCW 90.58.020 allows
for alterations of the natural condition of the shorelines of the State in
those limited instances when authorized. To this end, single family
residences and their appurtenant structures are allowed.
ii) That the proposed use will not interfere with the normal public use of public
shorelines. The subject site is a single family residential private property on
the shore of Lake Washington. No interference with the normal public use
of public shoreline is anticipated to occur- Kennydale Beach Park abuts the
subject property to the north and provides public access to the shoreline.
iii) That the proposed use of the site and design of the project is compatible
with other authorized uses within the area and with uses planned for the
area under the comprehensive plan and shoreline master program. The
subject site is a single family residential private property on the shore of
Lake Washington. No interference with the public use of the public
shoreline is anticipated to occur. The northerly property boundary
separates the subject site from Kennydale Beach Park which provides
public access to the Lake Washington shoreline.
iv) That the proposed use will cause no significant adverse effects to the
shoreline environment in which it is to be located. This section of Lake
Washington is designated as Urban Environment in the Shoreline Master
Program regulations and is developed with residential uses. If the
proposed dock and boatlift are installed and maintained according to all
HEX Rpt.09-136,doc
0 0
City of Renton Deportment Community & Economic Oeveloprnent Prelimmoury Report to the Heanng Examiner
Brennan Dock & Boatlift tUA09-136, ECF, 5M, 5MC
Report of December 8, 2009 Page 7 of 8
required state and local permits, the use is not expected to cause
significant adverse effects to the shoreline environment. This is because
the dock and boatlift would be fully grated allowing light transmission;
installation would be within the appropriate fish window (July 16 through
December 31); the applicant's contractor would install a silt containment
curtain around the construction operation to control any disturbance of
sediments and to contain construction debris; proposed native plantings
would provide enhanced fish habitat; and the boatlift would be operated
using non-toxic hydraulic fluid.
v) That the public interest suffers no substantial detrimental effects. Because
the site is a private single family residential use and the dock and boatlift
are the only proposed uses on the site at this time, it is not anticipated that
any significant detrimental effects would occur. The proposed boatlift
would be associated with a proposed dock and no adverse impacts to
shoreline views are anticipated.
(B) in the granting of all conditional use permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. This
residential site is similar to other properties in the immediate vicinity. The
proposed dock and boatlift are compatible with the adjacent residential
properties. The applicant proposes to locate the proposed boatlift in conjunction
with a proposed dock and it is anticipated that no adverse cumulative impact
would occur based on this proposal. The completion of this project would not
promote future construction or other activities that would not otherwise occur
without its completion. Other recently approved residential docks and boatlifts
which are in the vicinity of the proposed project have been previously described
in this report.
(C) Other uses which are not classified or set forth in the applicable master program
may be authorized as conditional uses provided the applicant can demonstrate
consistency with the requirements of this section and the requirements for
conditional uses contained in the master program. Boatlifts are not uses
currently set forth in the Shoreline Master Program. Therefore, this project
requires a Shoreline Conditional Use Permit. Boatlifts provide a secure moorage
for watercraft and are commonly considered an appurtenance to residential
docks. The criteria discussed in this report have demonstrated the applicant's
request is consistent with the requirements.
(D) Uses which are specifically prohibited by the master program may not be
authorized pursuant to either subsection (A) or (B) of this section. Boatlifts are
not specifically prohibited by the City's Shoreline Master Program.
HEX Rpt.09-136.doc
0
City of Renton Department Community & Economic Deveiopment
Brennan Dock & Boatfift
Report of December 8, 2009
H. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
0
Frefirnimry Report to the i-leoring Examiner
tUA09-136, ECF, SM, SMC
Page 8 of S
A Shoreline Substantial Development Permit is required for the proposed dock and a boatlift. The
following sections/pages of the Master Program are applicable to the development:
RMC Section Description Page
4-3-090J Urban Environment page 3-25
4-3-090.K. General Use Regulations for All Shoreline Uses Page 3-26
4-3-0901 Specific Use Regulations page 3-27
4-3-090.M. Variances and Conditional Uses page 3-39
4-9-190.1.1, 2, 3, 5 Variances and Conditional Uses Page 9-54
Pursuant to chapter 90.58 RCW, staff recommends that a Shoreline Substantial Development Permit be
granted subject to the following condition:
(1) The applicant shall comply with all construction conditions by the State agencies and all
construction conditions provided in the application and modifications submitted to the City.
The Shoreline Substantial Development Permit for the Brennan Dock and Boatlift project is provided in
Exhibit 7.
I. RECOMMENDATION:
Based on the analysis contained in this report, staff believes that the proposed project is consistent
with criteria necessary for Shoreline Conditional Use and Shoreline Substantial Development Permits.
Therefore, staff recommends approval of the Shoreline Conditional Use and Shoreline Substantial
Development Permits for the Brennan Dock and Boatlift, Project File No. LUA09-136, ECF, SM, SMC
subject to the following conditions:
1. The applicant shall comply with the mitigation measures imposed by the Environmental Review
Committee in its Determination of Non -Significance - Mitigated issued on November 9, 2009;
2. The applicant shall comply with all construction conditions by the State agencies and all
construction conditions provided in the application submitted to the City.
HEX Rpt.09-136.doc
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JERRY BRENNAN PIER PE
KENMORE
RENTON
LAKE MAP/NO SCALE
.AND
EXHIBIT 2
VICINITY MAP/NO SCALE
SEC: 31 -24N --05E
LAT: 47' 31' 21.5204"
_EVUE I LONG: 122' 22' 19.1722°
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 T PAGE
155, AS RECORDER'S CERTIFICATE NO. 99012�mnx.
S OF KING
COUNTY, WASHINGTON, LYING IN SECTIOy ). NORTH,
RANGE 5 EAST, WILLAMETTE MERIDIAN�JI}HINGTON
SHEET INDEX:
1. COVER PAGE 5. PROPOWPLAN DETAIL
2. EXISTING SITE PLAN 6. COS
3. PROPOSED SITE PLAN 7. PLA I
4. PROPOSED TOP AND 8. PLANTING NOTES
ELEVATION VIEW
PA( -,F 1 fR I
APPLICANT: JERRY BRENNAN ADJACENT OWNERS. PROPOSED, CONSTRUCT NEW PIER ,
SITE ADD. 3411 LK WA BLVD N Q CITY OF RENTON
RENTON, WA 98056 KENNYDALE BEACH
MAIL ADD, 3405 LK WA BLVD N ® JERRY
YLKRWANBLVD N PURPOSE: PROVIDE MOORAGE AND
LOCAL JURISDICTION: MAINTAIN NATIVE VEGETATION INTEGRiT
PAGE:1 OF 8 DATE: 08/02/2009 CITY OF RENTON DATUM: C.O.E. 0,0' EST. 1919
a MARINE RESTORATION & CONSTRUCTION LLC
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EXHIBIT 7
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT
EVALUATION FORM & DECISION
DATE OF PERMIT ISSUANCE:
LAND USE ACTION FILE NO.
DATE RECEIVED:
DATE OF PUBLIC NOTICE:
TYPE OF ACTION(S):
LUA09-136, ECF, SM, SMC
October 9, 2009
October 20, 2009
® Substantial Development Permit
® Conditional Use Permit
❑ Variance Permit
Pursuant to Chapter 90.58 RCW, the Hearing Examiner recommends that the City of Renton
grant a Shoreline Substantial Development Permit and a Shoreline Conditional Use Permit.
This action is proposed on the following application:
PROJECT NAME: Brennan Dock and Boatlift
PROJECT MANAGER: Gerald Wasser, Associate Planner
OWNER/APPLICANT: Jerry Brennan, 3405 Lake Washington Blvd. N, Renton,
WA 98056
CONTACT: Same as above
PROJECT LOCATION: 3411 Lake Washington Blvd. N
LEGAL DESCRIPTION: See Attachment A
SEC-TWN-R: SE 1/4 Section 31, Towhship 24N, Range 5E
WITHIN THE SHORELINES OF: Lake Washington
APPLICABLE MASTER PROGRAM: City of Renton
PROPOSAL DESCRIPTION: The applicant is requesting approval of a Shoreline
Conditional Use Permit and a Shoreline Substantial Development Permit for the construction
of a new 80 -foot long dock and installation of a pre -manufactured, freestanding, portable,
marine grade aluminum boatlift in association with a single family residence on the shore of
Lake Washingtron, a Shoreline of Statewide Significance. The project site is an 8,517 square
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City of Renton Department of Community & Economic Development
Brennan Dock and 8oatlift
DATE OF PERMIT:
0
Shoreline Management Permit
LUA09-136, ECF, SM, SMC
Page 2 of 3
foot lot in the Residential - S dwelling units per acre (R-8) zone. Dock construction would be
accomplished by driving eight 8 -inch diameter steel piles via a barge -mounted drop hammer
pile driving system. Boatlift assembly would done with common hand tools. All work would
take place within the Washington Department of Fish and Wildlife construction window, July
16 through December 31. Because boatlifts are not specifically identified in the Shoreline
Master Program regulations, approval of a Shoreline Conditional Use Permit is required prior
to their installation.
The following section/page of the Master Program is applicable to the development:
RMC Section Description Pape
4-3-090J Urban Environment 3-25
4-3-090K General Use Regulationsfor All Shoreline Uses 3-26
4-3-090L Specific Use Regulations 3-27
4-3-090M Variances and Conditional uses 3-39
4-9-1901.1, 2, 3, 5 Variances and Conditional Uses 9-54
Development of this project shall be undertaken pursuant to the following terms and
conditions:
1. The applicant shall comply with all construction conditions of State agencies.
This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to
the following:
I. 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(s) hereof.
3. Construction permits shall not be issued until twenty-one (21) days after approval by
the Washington State Department of Ecology or until any review proceedings initiated
within this twenty-one (21) day review period have been completed.
C. E. "Chip" Vincent, Planning Director Date
Planning Division
APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made
directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within
the twenty-one (21) days of receipt of the final order and concurrently filing copies of such
9
City of Renton Deportment of Community & Economic Development
Brennan Dock and Boatlift
DATE OF PERMIT:
5horeline Management Permit
LUA09-136, ECF, SM, SMC
Page 3 of 3
request with the Washington State Department of Ecology and the Attorney General's office as
provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal
notices shall also be filed with the City of Renton Planning Division and the City Clerk's office.
EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized
by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or
activity, for which a permit has been granted pursuant to this Master Program must be
commenced within two (2) years of the effective date of a shoreline permit, or the shoreline
permit shall terminate, and a new permit Shall be necessary. However, the Planning Division
may authorize a single extension for a period not to exceed one year based on reasonable
factors, if a request for extension has been filed with the Planning Division before the
expiration date, and notice of the proposed extension is given to parties of record and the
Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF
CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be
issued, and foundation inspections must be completed before the end of the two (2) year
period.
Attachments:
A. Legal Description
B. Proposed Site Plan
cc: Attorney General's Office
Jerry Brennan - Owner/Applicant
City of Renton Offical File
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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 Boole 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,
245527 feet; thence North 88011'44" 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 0426'44",
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 24057'59" 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 B6.94 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.
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OF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING
ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS -M)
POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION
PROJECT NAME:
Brennan Dock & Boatlift
PROJECT NUMBER:
LUA09-136, ECF, SM, SMC
LOCATION:
3411 Lake Washington Blvd N
DESCRIPTION:
Applicant requests SEPA Review and approval of a Shoreline CUP and Shoreline
Substantial Development Permit for a dock and boatlift on an 8,517 sf lot in the R-8 Zone.
THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE
PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT.
Appeals of the environmental determination must be filed in writing on or before 5:00 p.m, on November 30, 2009.
Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady
Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.13.
Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-
6510.
A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR
MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY
WAY, RENTON, WASHINGTON, ON DECEMBER 8, 2009 AT 9:00 AM TO CONSIDER THE SHORELINE
CONDITIONAL USE AND SHORELINE SUBSTANTIAL DEVELOPMENT PERMITS. IF THE
ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS
PUBLIC HEARING.
FOR FURTHER INFORMATION, PLEASE CONTACTTHE CITY OF RENTON, DEPARTMENT OF
COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200.
DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION
Please include the project NUMBER when calling for proper file identification.
Denis Law
Mayor
November 12, 2009
Jerry Brennan
3405 Lake Washington Blvd N
Renton, WA 98056
City of Y
i a �
Department of Community and Economic Development
Alex Pietsch, Administrator
SUBJECT: ENVIRONMENTAL THRESHOLD (,SEPI DETERMINATION
Brennan Dock & Boatlift, LUA09-136, ECF, SM, SMC
Dear Mr. Brennan:
This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that
they have completed their review of the subject project and have issued a threshold
Determination of Non -Significance -Mitigated with Mitigation Measures. Please refer to the
enclosed ERC Report and Decision, Part 2, Section B for a list of the Mitigation Measures.
Appeals of the environmental determination must be filed in writing on or before 5:00 p.m.
on November 30, 2009. Appeals must be filed in writing together with the required fee with:
Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the
Examiner are governed by City of Renton Municipal Code Section 4-8-110.6. Additional
information regarding the appeal process may be obtained from the Renton City Clerk's Office,
(425) 430-6510.
A Public Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the
seventh floor of City Hall, 1055 South Grady Way, Renton, Washington, on December 8, 2009
at 9:00 a.m. to consider the Shoreline Conditional Use and Shoreline Substantial Development
Permits. The applicant or representative(s) of the applicant is required to be present at the
public hearing. A copy of the staff report will be mailed to you prior to the hearing. If the
Environmental Determination is appealed, the appeal will be heard as part of this public
hearing.
The preceding information will assist you in planning for implementation of your project and
enable you to exercise your appeal rights more fully, if you choose to do so. If you have any
questions or desire clarification of the above, please call me at (425) 430-7382.
For the Environmental Review Committee,
Gerald C. Wasser
Associate Planner
Enclosure
Renton City Haff 0 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov
Denis Law
Mayor
City of
I
Ia N -V
November 12, 2009
Washington State
Department of Ecology
Environmental Review Section
PO Box 47703
Olympia, WA 98504-7703
Department of Community and Economic Development
Alex Pietsch, Administrator
Subject: ENVIRONMENTAL (SEPA) DETERMINATION
Transmitted herewith is a copy of the Environmental Determination for the following project reviewed
by the Environmental Review Committee (ERC) on November 9, 2009:
DETERMINATION OF NON -SIGNIFICANCE -MITIGATED
PROJECT NAME:
Brennan Dock & Boatlift
PROJECT NUMBER:
LUA09-136, ECF, SM, SMC
LOCATION:
3411 Lake Washington Blvd N
DESCRIPTION:
Applicant requests SEPA Review and approval of a Shoreline CUP and
Shoreline Substantial
Development Permit for a dock and boatlift on an 8,517 sf lot in the R-8
Zone.
Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on
November 30, 2009. Appeals must be filed in writing together with the required fee with: Hearing
Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are
governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the
appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510.
Please refer to the enclosed Notice of Environmental Determination for complete details. If you have
questions, please call me at (425) 430-7382.
For the Environmental Review Committee,
X� ��, -��
Gerald C. Wasser
Associate Planner
Enclosure
cc: King County Wastewater Treatment Division Ramin Pazooki, WSDOT, NW Region
Boyd Powers, Department of Natural Resources Larry Fisher, WDFW
Karen Walter, Fisheries, Muckleshoot Indian Tribe Duwamish Tribal Office
Melissa Calvert, Muckleshoot Cultural Resources Program US Army Corp_ of Engineers
Gretchen Kaehler, Office of Archaeology & Historic Preservation
Renton City Hall 9 1055 South Grady Way • Renton, Washington 98057 0 rentonwa.gov
0
0
DEPARTMENT OF COMMUNITY D City of
AND ECONOMIC DEVELOPMENT
DETERMINATION OF NON -SIGNIFICANCE -MITIGATED
MITIGATION MEASURES
APPLICATION NO(S): LUA09-136, ECF, SM, SMC
APPLICANT: Jerry Brennan
PROJECT NAME: Brennan Dock & Boatlift
DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a
Shoreline Conditional Use Permit and a Shoreline Substantial Development Permit for the construction
of a new 80 -foot long dock and installation of a pre -manufactured, freestanding, portable, marine
grade aluminum boatlift on the shore of Lake Washington in association with a single-family residence
on a 8,517 square foot lot in the R-8 zone. Dock construction would be accomplished by driving eight
8 -inch diameter steel piles via a barge -mounted drop hammer pile driving system. Boatlift assembly
would be done with common hand tools. Because boatlifts are not specifically identified in the
Shoreline Master Program regulations, approval of a Shoreline Conditional Use Permit is required prior
to their installation.
LOCATION OF PROPOSAL: 3411 Lake Washington Blvd N
LEAD AGENCY: The City of Renton
Department of Community & Economic Development
Planning Division
MITIGATION MEASURES:
1. The applicant shall use the recommendations identified in the Lake Study, prepared by The Watershed
Company, dated October 6, 2009.
2. Floating silt containment curtains shall be installed in the lake around the construction operation to
control dispersion of any accidental short term disturbance of sediments.
ERC Mitigation Measures Page 1 of 1
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DEPARTMENT OF COMMUNITY='tvo
AND ECONOMIC DEVELOPMENT (ehWin -":j
DETERMINATION OF NON -SIGNIFICANCE -MITIGATED
ADVISORY NOTES
APPLICATION NO(S): LUA09-136, ECF, SM, SMC
APPLICANT: Jerry Brennan
PROJECT NAME: Brennan Dock & Boatlift
DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a
Shoreline Conditional Use Permit and a Shoreline Substantial Development Permit for the construction
of a new 80 -foot long dock and installation of a pre -manufactured, freestanding, portable, marine
grade aluminum boatlift on the shore of Lake Washington in association with a single-family residence
on a 8,517 square foot lot in the R-8 zone. Dock construction would be accomplished by driving eight
8 -inch diameter steel piles via a barge -mounted drop hammer pile driving system. Boatlift assembly
would be done with common hand tools. Because boatlifts are not specifically identified in the
Shoreline Master Program regulations, approval of a Shoreline Conditional Use Permit is required prior
to their installation.
LOCATION OF PROPOSAL: 3411 Lake Washington Blvd N
LEAD AGENCY: The City of Renton
Department of Community & Economic Development
Planning Division
Advisory Notes to Applicant:
The following notes are supplemental information provided in conjunction with the environmental
determination. Because these notes are provided as information only, they are not subject to the appeal
process for environmental determinations.
Planning:
1. Construction hours are from 7:00 am to 8:00 pm Monday through Friday. Construction hours on Saturdays
are from 9:00 am to 8:00 pm and no work on Sundays.
Water:
1. Applicant needs to verify if there is to be any plumbing out to the dock. If so, the applicant will be
responsible for installing a backflow prevention device.
Sanitary Sewer:
1. The applicant needs to coordinate with the City of Renton Wastewater Division for locates prior to and
during construction.
Storm Drainage:
1. There are no city storm drainage facilities on the west side of the parcel.
ERC Advisory Notes Page 1 of 1
0
DEPARTMENT OF COMMUNITY D a a City of O E:
AND ECONOMIC DEVELOPMENT
ENVIRONMENTAL (SEPA) DETERMINATION OF
NON -SIGNIFICANCE - MITIGATED (DNS -M)
APPLICATION NO(S): LUA09-136, ECF, SM, SMC
APPLICANT: Jerry Brennan
PROJECT NAME: Brennan Dock & Boatlift
DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline
Conditional Use Permit and a Shoreline Substantial Development Permit for the construction of a new 80 -foot
long dock and installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatlift on the
shore of Lake Washington in association with a single-family residence on a 8,517 square foot lot in the R-8
zone. Dock construction would be accomplished by driving eight 8 -inch diameter steel piles via a barge -
mounted drop hammer pile driving system. Boatlift assembly would be done with common hand tools. Because
boatlifts are not specifically identified in the Shoreline Master Program regulations, approval of a Shoreline
Conditional Use Permit is required prior to their installation.
LOCATION OF PROPOSAL: 3411 Lake Washington Blvd N
LEAD AGENCY: City of Renton
Environmental Review Committee
Department of Community & Economic Development
The City of Renton Environmental Review Committee has determined that it does not have a probable significant
adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW
43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under
their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental
impacts identified during the environmental review process.
Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 27, 2009.
Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South
Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-
110.13. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)
430-6510.
PUBLICATION DATE:
DATE OF DECISION:
SIGNATURES:
November 13, 2009
November 9, 2009
_�A A '?,14 111 2". & 1) / f /0
Gregg Zim er an, mi o
Public Wo s ep rt
Date
rIk A
Terry Higashiyama, Administrator
Community Services Department Date
It Q! p
0.aviid;Daniels, Administrator
Fire & EmerQexcy Services Date
kwa &�:) V L� 01
le Pietsch, Admin4trator
Department of Community & Date
Economic Development
0
DEPARTMENT OF COMMUNITY d City of
AND ECONOMIC DEVELOPMENT
ENVIRONMENTAL REVIEW COMMITTEE
MEETING AGENDA
TO: Gregg Zimmerman, Public Works Administrator
Terry Higashiyama, Community Services Administrator
I. David Daniels, Fire & Emergency Services Administrator
Alex Pietsch, CED Administrator
FROM: Jennifer Henning, Current Planning Manager
MEETING DATE: Monday, November 9, 2009
TIME: 3:00 p.m.
LOCATION: Sixth Floor Conference Room #620
THE FOLLOWING IS A CONSENT AGENDA
Brennan Dock & Boatlift
(Walser)
LUA09-136, ECF, SM, SMC
Location: 3411 Lake Washington Blvd N. Description: The applicant is requesting Environmental (SEPA)
Review, a Shoreline Conditional Use Permit and a Shoreline Substantial Development Permit for the
construction of a new 80 -foot long dock and installation of a pre -manufactured, freestanding, portable,
marine grade aluminum boatlift in association with a single family residence on the shore of Lake
Washington, a Shoreline of Statewide Significance. The project site is an 8,517 square foot lot in the
Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving
eight 8 -inch diameter steel piles via a barge -mounted drop hammer pile driving system. Boatlift
assembly would done with common hand tools. Because boatlifts are not specifically identified in the
Shoreline Master Program regulations, approval of a Shoreline Conditional Use Permit is required prior
to their installation.
cc: D. Law, Mayor
J. Covington, Chief Administrative Officer
S. Dale-Estey, CED Director
W. Flora, Deputy Chief/Fire Marshal
P. Hahn, Transportation Director
C. Vincent, CED Planning Director
N. Watts, Development Services Director
L. Warren, City Attorney
F. Kaufman, Hearing Examiner
D. Pargas, Assistant Fire Marshal
J. Medzegian, Council
City" of
DEPARTMENT OF COMMUNITY D ����� ✓ l_,L`.
AND ECONOMIC DEVELOPMENT
ENVIRONMENTAL REVIEW COMMITTEE REPORT
ERC MEETING DATE.
November 9, 2009
Project Name:
Brennan Dock & Boatlift
Owner:
Jerry Brennan, 3405 Lake Washington Blvd. N, Rentom, WA 98056
Applicant:
Same as above
Contact:
Same as above
File Number:
LUA09-136, ECF, SM, SMC
Project Manager:
Gerald Wasser, Associate Planner
Project Summary:
The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional
Use Permit and a Shoreline Substantial Development Permit for the construction
of a new 80 -foot long dock and installation of a pre -manufactured, freestanding,
portable, marine grade aluminum boatlift in association with a single family
residence on the shore of Lake Washington, a Shoreline of Statewide Significance.
The project site is an 8,517 square foot lot in the Residential - 8 dwelling units per
acre (R-8) zone. Dock construction would be accomplished by driving eight 8 -inch
diameter steel piles via a barge -mounted drop hammer pile driving system.
Boatlift assembly would done with common hand tools. Because boatlifts are not
specifically identified in the Shoreline Master Program regulations, approval of a
Shoreline Conditional Use Permit is required prior to their installation.
Project Location: 3411 Lake Washington Blvd. N
Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (footprint): N/A
Proposed New Bldg. Area (gross): N/A
Site Area: 8,517 sf Total Building Area GSF: N/A
STAFF Staff Recommends that the Environmental Review Committee issue a
RECOMMENDATION: Determination of Non -Significance - Mitigated (DNS -M).
Project Location Map
09-136 ERCReport.doc
City of Renton Deportment of Comm unileEconomic Development E*nmentol Review Committee Report
BRENNAN DOCKAND BOATLIFT LUA09-136, ECF, SM, SMC
Report of November 9, 2009 Page 2 of 6
PART ONE: PROJECT DESCRIPTION/ BACKGROUND
The project site is located on the eastern shore of Lake Washington along Lake Washington Boulevard North. Lake
Washington is designated as a Shoreline of Statewide Significance and is considered to be Class 1 water subject to
the City of Renton Shoreline Master Program. The shoreline is classified as an "Urban Environment" in the City's
Shoreline Regulations. No trees would be removed as a result of this project_ The existing shoreline is a 6 -foot rock
bulkhead to sand/gravel/rock shore. This designation permits a variety of uses within the shoreline area provided
the use complies with the Master Program. The proposed pier is a use which is outright permitted in this area.
However, boatlifts are not outright permitted uses and, therefore, a conditional use permit is required and will be
reviewed by the Hearing Examiner.
The proposed dock project encompasses the construction of a 4 -foot wide, 27 -foot long ramp (with 2 -feet landward
of the existing bulkhead) and a 4 to 8 -foot wide, 55 -foot long pier section for a total over -water length of 80 -feet.
The dock would be supported by eight 8 -inch diameter steel piles connected by Glu -Lam beams and steel cross
beams. The total dock size would be 416 square feet. The project also includes the assembly and installation of a
freestanding, pre -manufactured, marine grade aluminum boatlift.
The pier construction would be accomplished by driving eight 8 -inch diameter galvanized steel piles via a barge
mounted drop -hammer pile driving system. Construction and staging of materials and equipment would be
conducted using a barge. Any storage of materials on land would be landward of the Ordinary High Water Line
(OHWL). All construction debris would be removed from the site and appropriately disposed of on land.
The proposed boatlift would be approximately 10 -feet long by 10 -feet wide and would rest directly on the lake on
four 12 -inch by 12 -inch footpads. The boatlift would be assembled using common hand tools on the barge and
moored on Lake Washington during construction of the pier.
Project construction, assembly and installation would take place during the State Department of Fish and Wildlife
established construction window, July 16 through December 31. No job shack would be needed; no off-site
improvements, excavation or fill are proposed for the project. No trees are to be removed, no land would be
dedicated to the City, and no modifications are requested. The views of surrounding property owners would not be
obstructed because of this project. The estimated project cost is $35,000.00.
PART TWO: ENVIRONMENTAL REVIEW
In compliance with RCW 43.210.240, the following environmental (SEPA) review addresses only those
project impacts that are not adequately addressed under existing development standards and
environmental regulations.
A. Environmental Threshold Recommendation
Based on analysis of probable impacts from the proposal, staff recommends that the Responsible
Officials:
Issue a DNS -M with a 14 -day Appeal Period.
B. Mitigation Measures
1. The applicant shall use the recommendations identified in the Lake Study, prepared
by The Watershed Company, dated October 6, 2009; and
ERC Report 09-136.doc
City of Renton Deportment of CommuniWonomic Development E*nmentol Review Committee Report
BRENNAN DOCK AND BOA TLIFT LUA09-136, ECF, SM, SMC
Report of November 9, 2009 Page 3 of 6
2. Floating silt containment curtains shall be installed in the lake around the
construction operation to control dispersion of any accidental short term
disturbance of sediments.
C. Exhibits
Exhibit 1
Vicinity Map
Exhibit 2
Proposed Site Plan
Exhibit 3
Proposed top View and Proposed Elevation View
Exhibit 4
Planting Pian
Exhibit 5
Zoning Map
D. Environmental Impacts
The Proposal was circulated and reviewed by various City Departments and Divisions to determine
whether the applicant has adequately identified and addressed environmental impacts anticipated to
occur in conjunction with the proposed development. Staff reviewers have identified that the proposal
is likely to have the following probable impacts:
1. Earth
Impacts: The proposed project does not require any fill or excavation of soils. The dock would be
constructed using barge mounted equipment and the boatlift would be assembled using common
hand tools.
Mitigation Measures: No mitigation measures are recommended.
Nexus: Not applicable.
2. Water
Impacts: Construction activities could potentially cause degradation of water quality. An analysis
of potential biological impacts was included in the Lake Study — For The Proposed Pier and Boatlift
at 3411 Lake Washington Blvd. N, prepared by The Watershed Company, dated October 6, 2009,
and submitted with the project application. That analysis indentifies construction methods which
would minimize such impacts. These methods include: no in -water construction activity between
December 31 and July 15; stockpiling construction debris in designated upland areas above the
Ordinary High Water Line (OHWL) or on the construction barge pending off-site disposal; the barge
or work boat would not be allowed to ground; all construction debris disposed of on land in such a
manner that it cannot enter the waterway or cause water quality degradation; implement
sediment control measures during and following installation of proposed plantings, including
measures for both short term and permanent stabilization of soils. Staff recommends that the
applicant be required to use the recommendations contained in the Lake Study, prepared by The
Watershed Company, dated October 6, 2009. Staff further recommends that floating silt
containment curtains be deployed in the lake around the construction operation to control
dispersion of any accidental short term disturbance of sediments.
Mitigation Measures:
1. The applicant shall use the recommendations identified in the Lake Study, prepared
by The Watershed Company, dated October 6, 2009; and
ERC Report 09-136.doc
City of Renton Department of CommunioEconomic Development E4&nmental Review Committee Report
BRENNAN DOCK AND BOATLfFT LUA09-136, ECF, SM, SMC
Report of November 9, 2009 Page 4 of 6
2. Floating silt containment curtains shall be installed in the lake around the
construction operation to control dispersion of any accidental short term
disturbance of sediments.
Nexus: SEPA, Shoreline Master Program
3. Vegetation
Impacts: The proposed dock and boatlift would be installed within and over Lake Washington. As
identified in the Lake Study (The Watershed Company, October 6, 2009), the high bulkhead at the
site greatly reduces the potential for the natural support of shoreline vegetation. During
construction activities measures will be undertaken to protect native trees and vegetation. Non-
native vegetation would be removed and native riparian vegetation would be installed along much
of the shoreline. A variety of native plants would be used including red twig dogwood, ocean
spray, red flowering currant, evergreen huckleberry, wild ginger, Menzie's larkspur, large -leaved
lupine and wood fern. The plantings would enhance erosion protection, provide over -water shade
and supply leaf litter, detritus, insects and woody debris to the lakes littoral fringe.
Implementation of the Shoreline Planting Plan would improve local habitat quality and provide
offsets for potential negative impacts of the new in -water structures. Comments were received
from the Muckleshoot Indian Tribes Fisheries Division regarding adding native emergent plantings
to the Planting Plan. The applicant responded to this comment stating that he has planted
emergent vegetation in the past which is continually washed away by wave action.
Mitigation Measures: No further mitigation necessary.
Nexus: Not applicable
4. Wildlife
Impacts: The proposed pier and boatlift would be constructed, assembled and installed within and
over Lake Washington. Salmonids known to be present in southern Lake Washington include Puget
Sound Chinook salmon, Coho salmon, sockeye salmon, steelhead trout, bull trout and cutthroat
trout. Puget Sound Chinook, Puget Sound steelhead and bull trout are listed as threatened by the
Endangered Species Act. The proposed pier would not likely result in adverse impacts to fish
migration routes or spawning areas. Impacts expected from the proposed project include:
increased water turbidity (shoreline erosion and sediment suspension) during the construction
period could temporarily disturb feeding activities; pile driving would temporarily introduce noise
and vibration that could disrupt feeding activity and cause avoidance movements away from the
site; increased shading of the lake bottom could reduce abundance of available prey organisms
(aquatic invertebrates) for fish by decreasing plant growth. Shading could also interfere with
behavior and migration patterns of juvenile salmon; the presence of new underwater structures
could enhance nesting habitat for bass and thus increase predation pressure on juvenile salmon;
the presence of new underwater structures could disrupt water/sediment transport patterns and
accelerate beach erosion or increase availability of spawning habitat for predator fish species such
as smallmouth bass; and, increased boat usage of the site could result in increased disturbance
(sediment resuspension, water pollution) of the shallow fish habitat. The analysis identifies design
features which would mitigate the impacts. These include: the use of narrow walkways and
grating for light passage to reduce shading effects; the bottom of the new pier would be a
minimum of 1.5 feet above the Ordinary High Water Mark (OHWM) and no deck skirting is
proposed; narrow piles would be used to limit impacts to migrating smolts and no piles would be
installed within 27 feet of the OHWM; no finger piers or mooring pilings would be installed; and,
ERC Report 09-136.doc
City of Renton Department of CommunioEconomic Development E*nmentol Review Committee Report
BRENNAN DOCKAND BOATUFT LUA09-136, ECF, SM, SMC
Report of November 9, 2009 Page 5 of 6
wood treatment caps and stringers would be installed to reduce the potential for leaching of
contaminants into the water column to negligible levels. No additional lighting would be installed.
Construction, assembly and installation would be short term and would be accomplished during
the construction window established by the State Department of Fish and Wildlife, July 16 —
December 31. Comments were received from the Muckleshoot Indian Tribes regarding the Lake
Study's discussion of fish use and timing and data to support the description of existing shoreline
substrate and location/extent of milfoil. The Muckleshoot Indian Tribe also stated that the Lake
Study should provide additional information on beach spawning sockeye. The applicant has
responded that he will have the Lake Study biologist add this additional information as an
addendum. Additionally, the Muckleshoot Indian Tribe stated that the amount of toe rock
indicated in the Proposed Elevation View be quantified. The applicant has responded that the toe
rock was indicated in error and no additional toe rock is proposed.
Mitigation Measures: No further mitigation necessary.
Nexus: Not applicable
5. Noise
Impacts: Pile driving activities can generate considerable noise and vibration which can be harmful
or fatal to small fish. Minimizing fish exposure to pile driving activities by following scientifically
based construction timing restrictions is an accepted method for avoiding or minimizing adverse
effects. Additionally, the applicant has indicated that cushion tops will be utilized during pile
driving activities.
Mitigation Measures: No further mitigation is necessary.
Nexus. Not applicable.
E. Comments of Reviewing Departments
The proposal has been circulated to City Department and Division Reviewers. Where applicable, their
comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant."
✓ Copies of all Review Comments are contained in the Official File and may be attached to this
report.
Environmental Determination Appeal Process: Appeals of the environmental determination must be
filed in writing on or before 5:00 PM, November 30, 2009.
Renton Municipal Code Section 4-8-110.13 governs appeals to the Hearing Examiner. Appeals must be filed
in writing at the City Clerk's office along with the required fee. Additional information regarding the
appeal process may be obtained from the City Clerk's Office, Renton City Hall - 7th Floor, 1055 S. Grady
Way, Renton WA 98057.
ADVISORY NOTES TO APPLICANT
The following notes are supplemental information provided in conjunction with the administrative
land use action. Because these notes are provided as information only, they are not subject to the
ERC Report 09-136.doc
City of Renton Deportment of Communi4oEconomic Development E*nmentol Review Committee Report
BRENNAN DOCKAND BOATLIFT LUA09-136, ECF, SM, SMC
Report of November 9, 2009 Page 6 of 6
appeal process for the land use actions.
Planning
1. Construction hours are from 7:00 am to 8:00 pm Monday through Friday. Construction hours on
Saturdays are from 9:00 am to 8:00 pm and no work on Sundays.
Water:
1. Applicant needs to verify if there is to be any plumbing out to the dock. If so, the applicant will be
responsible for installing a backflow prevention device.
Sanitary Sewer:
1. The applicant needs to coordinate with the City of Renton Wastewater Division for locates prior to
and during construction.
Storm Drainage:
1. There are no city storm drainage facilities on the west side of the parcel.
ERC Report 09-136.doc
E
JERRY BRENNAN PIER
KENMORE
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EXHIBIT I
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SEC: 31 -24N --05E
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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. 990129 DS OF KING
COUNTY, WASHINGTON, LYING IN SECTION HIR NORTH,
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PAGE 1/8
APPLICANT: JERRY ENN a(DCITY
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PROPOSED: CONSTRUCT NEW PIER
SITE ADD, 3411 LD N RENTON56 CHPURPOSE: PROVIDE MOORAGE ANDMAIL ADD. 3405 LD ND NMAINTAIN NATIVE VEGETATION INTEGRIT
PAGE:1 OF 8 DAT2009 DATUM: C.O.E. 0, 0' EST. 1919
MARINE RESTORATION & CONSTRUCTION LLC
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MARINE RESTORATION & CONSTRUCTION LLC
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MARINE RESTORATION & CONSTRUCTION LLC
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5431
DEPARTMENT OF THE ARMY
SEATTLE DISTRICT, CORPS OF ENGINEERS
P.O. BOX 3755
SEATTLE, WASHINGTON 98124-3755-
REPLY
81243755
REPLY TO NOV O 3 2009
ATTENTION OF 1
Regulatory Branch
Mr. Jerry Brennan
3405 Lake Washington Boulevard North
Renton, Washington. 98056
Dear Mr. Brennan:
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Reference: NWS -2009-933
Brennan, Jerry
We have reviewed your application to construct a pier, install a boatlift, plant native
shoreline vegetation, and place 25 cubic yards of spawning gravel in Lake Washington at
Renton, Washington. Based on the information you provided to us, this "Letter of Permission"
(LOP) permit authorizes the pier, boatlift, and plantings, and Nationwide Permit 18, Minor
Discharges (Federal Register, March 12, 2007 Vol. 72, No. 47), authorizes the placement of 25
cubic yards of spawning gravel as depicted on the enclosed drawings dated July 31, 2009, which
are made part of this permit. In order for this authorization to be valid, you must ensure that the
work is performed in accordance with the enclosed Letter of Permission General Conditions,
Nationwide Permit 18, Terms and Conditions and the following special conditions:
a. You must implement and abide by the ESA requirements and/or agreements set forth in
your Appendix A, Application forms for RGP-1 and RGP-3, and the Specific Project Information
Form for Nearshore Fill, you submitted on August 6, 2009. The National Marine Fisheries
Service (NMFS) concurred with a finding of "may affect, not likely to adversely affect" based on
these documents on October 13, 2009 (NMFS Reference Number 2009/05304). The U.S. Fish
and Wildlife Service (USFWS) concurred with a finding of "may affect, not likely to adversely
affect" based on these documents on October 28, 2009 (USFWS Reference Number
NWS -2009-933). Failure to comply with the commitments made in these documents constitutes
non-compliance with the ESA and your Corps permit. The USFWS/NMFS is the appropriate
authority to determine compliance with ESA.
b. To insure that light transmission is not impacted, grating must not be covered with
or blocked by any objects, such as, but not limited to, buildings, planters, storage sheds or
boxes, nets, carpets, boards, tables, lawn furniture, or utility conduits or boxes.
c. In order to meet the requirements of the Endangered Species Act and for the protection of
Chinook, steelhead, and bull trout, the permittee may conduct the authorized activities from
July 16 through December 31 in any year this permit is valid. The permittee shall not conduct
work authorized by this permit from January 1 through July 15 in any year this permit is valid.
-2 -
The authorized work complies with the Washington State Department of Ecology's
(Ecology) Water Quality Certification and the Coastal Zone Management Act requirements for
this NWP. No further coordination with Ecology is required for these requirements.
We have reviewed your project pursuant to the requirements of the Endangered Species Act
and the Magnuson -Stevens Fishery Conservation and Management Act in regards to Essential
Fish Habitat (EFH). The Corps has determined that this project will comply with the
requirements of the above laws provided you comply with special conditions "a" through "c"
listed above.
Please be reminded that Special Condition "a" of your permit requires that you implement
and abide by the ESA requirements and/or agreements set forth in the Regional General Permit 1
and 3 Appendix A forms and the Specific Project Information Form for Nearshore Fill for this
project. In particular, note that the RGP 3 requires that you implement a shoreline planting plan,
monitor and submit monitoring reports on the planted area to the Corps and Services annually for
a period of 5 years, and record the location and description of the planting area on your deed.
Failure to comply with the commitments made in the BE constitutes non-compliance with the
ESA and your Corps permit.
Any change in the plans for this work will require that you submit revised drawings to
this office and receive our written approval of those changes prior to conducting the work. Also,
we have completed an approved jurisdictional determination for your project area which can be
found on our website at http://www.nws.usace.army.mil/ click on Regulatory,
Regulatory/Permits, Recent Jurisdictional Determinations. If you object to any terms or
conditions of this LOP or the jurisdictional determination, you may request an administrative
appeal under our regulations 33 CFR 331 as described in the enclosed Appeal Process Fact Sheet
and the Notification of Administrative Appeal Options and Process and Request for Appeal form.
Your authorization to conduct the proposed work under this LOP expires 3 years from the
date of this letter. Our verification of this NWP` authorization is valid for 2 years from the date of
this letter unless the NWP is modified, reissued, or revoked prior to that date. If the authorized
work has not been completed by that date, please contact us to discuss the status of your
authorization. Within 30 days of completing the authorized work, you must fill out and return
the enclosed Certificate of Compliance with Department of the Army Permit form to the address
indicated on the form. Your signature on this form is our assurance you have conducted the work
and any required mitigation in accordance with the terms and conditions of this LOP, including
all special conditions. Please remember that failure to comply with the terms and conditions of
this LOP, including any special conditions, invalidates your authorization and could result in a
violation of Federal law.
-3 -
Thank you for your cooperation during the permit process. We are interested in your
experience with our Regulatory Program and encourage you to complete a customer service
survey form. This form and information about our program is available on our website at:
www.nws.usace.arTny.mil (select "Regulatory" and then "Regulatory/Permits").
While this project will not require further authorization from us, please note that it must comply
with all State, local, and other Federal requirements that may apply. A copy of this letter without
enclosures is being furnished to Becky Henderson, Marine Restoration and Construction, LLC,
Post Office Box 884, Kirkland, Washington 98083-0884. If you have any questions, please contact
Susan Powell at telephone (206) 764-5527 or via email Susan.m.powell(&,,usace.army.mil.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Anthony O. Wright
Colonel, Corps of Engineers
District Engineer
Enclosures
f
LAKE
FOREST
PAW
JERRY BRENNAN -PIER PERMIT
M.�JMOR�
FJ
JUANITA
KIRKLAND
MEOINA
JOB SITE
RLWTON
VICINITY MAP/NO SCALE
SEC: 31--24N- 05E
LAT: 47' 31' 21.8204"
DELI-F\AIF LONG: 122" 22' 19.1722"
LEGAL DESCRIPTION;
■I m I-
ALL THAT CEP TAIN PARCEL 1 AS SHOWN ON PIAT OF BOUNDARY
SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION,
RECORDED JANUARY 29, 1999 IN BOOK 197 OF SURVEYS AT PACE
155, AS P, CCRDER'S CERTIFICATE NO. 9901299008, RECORDS OP KING
COUNTY, WASHINGTON, LYING #N SECTION 31, TOWNSHIP 24 NORTH,
RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WAS4NG70N
SHEET INDEX:
hl 3�!TH S- --
--�.�
2. EXISTING SITE PLAN
:.,
3. PROPOSED SITE PLAN
7. PLANTING PLAN
4. PROPOSED TOP AND
8. PLANTING NOTES
ELEVATION VIEW
N 37 H ST
;1.
/
405
N 36TH 55
N 36TH ST
35TH ST�`I
S
i
SITE
N 34TH 57
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W 33Rd PL
a
a
N 33RD ST
N 32ND ST
j
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N 32ND ST'
w,.
N 31ST ST
VICINITY MAP/NO SCALE
SEC: 31--24N- 05E
LAT: 47' 31' 21.8204"
DELI-F\AIF LONG: 122" 22' 19.1722"
LEGAL DESCRIPTION;
■I m I-
ALL THAT CEP TAIN PARCEL 1 AS SHOWN ON PIAT OF BOUNDARY
SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION,
RECORDED JANUARY 29, 1999 IN BOOK 197 OF SURVEYS AT PACE
155, AS P, CCRDER'S CERTIFICATE NO. 9901299008, RECORDS OP KING
COUNTY, WASHINGTON, LYING #N SECTION 31, TOWNSHIP 24 NORTH,
RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WAS4NG70N
SHEET INDEX:
1. COVER WAGE
5. PROPOSED SECTION DETAIL
2. EXISTING SITE PLAN
6. CONNECTION DETAILS
3. PROPOSED SITE PLAN
7. PLANTING PLAN
4. PROPOSED TOP AND
8. PLANTING NOTES
ELEVATION VIEW
PAGE 1/8
APPLICANT: JERRY BRENNAN - - ADJACENT OWNERS: PROPOSED: CONSTRUCT NEW PIER
SITE ADD. 3411 LX WA BLVD N Q CITY OF RENTON
RENTON, WA 98056 KENNYDALE BEACH
a
MAIL ADD. 3405 LK WA BLVD N 340 YLKRWANBLVD h! PURPOSE: PROVIDE MOORAGE AND
LOCAL JURISDICTION: MAINTAIN NATIVE VEGETATION INTEGRITY
PAGE: 1 OF 8 DATE: 07/31/2009 CfTY OF RENTON DATUM; C.C.E. 00 EST. 1919
MARINE RESTORATION & CONSTRUCTION LLC
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§ (, -D �( q PAGE 5/8
MARINE RESTORATION & CONSTRUCTION LLC
P.O. 80X, 884 Kirkiand, WA 98083-0884 PHOVE: (425) 575-8651 E—MAIL• OOCKSWARINELLC.COM
FAX: (425) 576-8669 mm"W Ainaa7wa`vni[��`
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MARINE RESTORATION & CONSTRUCTION LLC
P.O. BOX 884 Kirkland, WA 98063-0884 PHONE: (425) 576-8661 E—MAIL DOCKS@MARINLLLC.COM
FAX; (425) 576-5669 wmA d Mnpw, w w fte mft km ra mu u
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7c�
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Property and boundary information. was obtained from a survey provided I R
by the property owneT. Marine Restoration & CortsLructioVtl ,n LLC has Added 7
infermatior Crum other sources including field Tneasuremeuts and aerial r SALMON SPA OWING MIX (±2,5 cy):
photos. We are not surveyors and can not guarantee great level of aect racy S
We will provide survey if details rrCLEAN
erequired. CL, MIXED 1/3 WASHED. 2' c51 $" ANO F'FA
A N
a
PAGE 7/S
MARINE RESTORATION & CONSTRUCTION LLC
P.O. BOX 184 Kirklond, WA 98083-0884 PHONE; (425) 57&-8651 E-MAIL: DOCKSQL MARINE'-LC.COM
a
4 FAX! (425) 576-8669 T rc OOA dt Is P� rwn a vuYc es wpm Y o7YS�WCAm UC
!M� Y4Y YY]f � (YPIW to PFPRORKFY }110717 I&TIFM tLYm1i
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MITIGATIM AREA
a 20 40
NOM srmlE., t" W 2n'
Property and boundary information. was obtained from a survey provided I R
by the property owneT. Marine Restoration & CortsLructioVtl ,n LLC has Added 7
infermatior Crum other sources including field Tneasuremeuts and aerial r SALMON SPA OWING MIX (±2,5 cy):
photos. We are not surveyors and can not guarantee great level of aect racy S
We will provide survey if details rrCLEAN
erequired. CL, MIXED 1/3 WASHED. 2' c51 $" ANO F'FA
A N
a
PAGE 7/S
MARINE RESTORATION & CONSTRUCTION LLC
P.O. BOX 184 Kirklond, WA 98083-0884 PHONE; (425) 57&-8651 E-MAIL: DOCKSQL MARINE'-LC.COM
a
4 FAX! (425) 576-8669 T rc OOA dt Is P� rwn a vuYc es wpm Y o7YS�WCAm UC
!M� Y4Y YY]f � (YPIW to PFPRORKFY }110717 I&TIFM tLYm1i
0
PLANTING NOTES
SI7t YliEF NOTES.•
• tX1.51(1JG CONCRETF DE6.RIS, CONCRETE 3LOCKS,
ROCKS OVER 3" iN DIAMETER AND 07NER TRASH
SrfALL BE REMOVED FROM THE PLANTING AREA,
IJNLESS THE REMOVAL WOULD COMPROMISE THE
S?ABILITY OF THE SHORELINE,
• NA TURALL Y OCCUh'RiNG WOODY DEBRIS, SUCH AS
LOGS AND LARGE BRANCHES SHALL REMAIN. ANY
CHEMICALLY TREATED OR CREOSOTE COVERED
WOODY MATEIRIAL SHALL BE REMOVED.
LEG?= TA TION REA40VAL AND SOIL PREF NOTES
ALL INVA5IVE WEEDS ARE TO BE REMOVED AND
ROOT 1vUASSES TO BE GRUBBED OUT FROM THE'
MITICATION AREA. ItiEEDS SPECIFICALLY TARGETED
INCLUDE HIMALAYAN BLACKBERRY, ENGLISH IVY AND
JAPANESE KNOTWEED.
0 AFTER 'AIVASIVE REMOVAL, REMOVE
GRA 1F1 /CRUSHED ROCK THAT CUF;RENTLY COVERS
IHE PLANTING ARTA.
AFTER GRAVEL REMOVAL, SITE SOILS ARE TO BE
AVF_NDED BY WORKING A 4- DFEP LAYER OF fOO�
ORGANIC COMPOST 1N IO EXISTING SOIL. CEDAR
GROVE COMPOST IS PREFERRED.
GENERAL PLANTING' SEQUENCt:
1. lvA.TIVE PLANT 1NSIALLAPON SHALL OCCUR DURING
FROST FREE I'EHIO+3S ONLY. PREFERRFD MONTHS
FOR INSTALLATION ARE BETWEEN SEPTEMBER 15TH
AND APRIL 15, PRIOR TO HOT, DRY WEATHER.
PLANTS MAY ONLY HE INSTALLED OURING HOT
WEATHER IF 7IIE CONTRACTOR OR AFFUCANT
AGREES TO IVMEDIA TE IRRIGA. TION OF THE EIV TIRE
PI ANTINfa AREA, DELIVERING AT LEAST 2"' OF
YVATFR PER WEEK FROU JUNE 1ST THROUuN
SEP TEMBER 15 TH
2, PROCURE PLANTS IN LEGEND. NO SUBSTI TUTIONS
ARE ALLOWED V✓f OUT ACCEPTANCE FROM PERMIT
GRANTING AUTHORITIES.
3. REMOVE INVASIVE WEEDS A5 NOTFO ABOVE.
4. AMEND SOILS AS NOTED ABOVE
5. INSTALL PLAINTS AND WATER EACH PLANT
THORCUGHLY TO REMOVE AIR POCKETS.
6. INSTALL A 4" DEPTH, COARSE MOOD—CHIP MULCH
LAYER THROUGHOUT ENTIRE PROJECT ARTA,
dVTSIDF OF LAKE WASPIIVGTON OQUINAkY H19 1
WATFR AJAPK (ON ONL Y.
7. INSTALL A TEMPORARY OR PERMFNANT IRPIGA TION
SYSTEM CAPABLF OF DEL 11ERING 2" OF WATER LER
WEEK TO THF ENTIRE f LAN]EL] AREA. MAINTAIN
IRRIGATION SYSiFM IN WORKING CONDITION FOR AT
LF_AST TWO (2) SUMMERS AFTER INITIAL PLANT
INSTALLATION.
8. ONE YEAR AFTER W17PAL PLANT INSTALLATION,
APPLY ORGANIC SLOW—RELEASE iERTILIZER SUCH
AS GEMOCOTE OR PFRFECT Ri,-NO 4-4-4 TO EACH
PLANT OUTSIDE OF LAKE WASHINGTON CfiW MARK
ONL Y.
S ^� - `-' � � PAGE 8/8
MARINE RESTORATION & CONSTRUCTION LLC
P,O, BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 57€--8651 E—MAIL; DOCKSOMARINELLC.COM
rAk; (425) 576-8669 wD mAymm 8E ewo cR kMmtcm:,„;"v
0 0
won
• Metter of Permission qp
US Army Corps
of Engineers ig. General Conditions
Seadle District +rom+P
February 24, 2003
1. Reliance on Petrnittea's Information. In authorizurg this work wider this Letter of Permission
(LOP), the Department of the Army has relied, in part, on the information provided by the
permittee. If this information proves to be false, incomplete, or inaccurate, the pl�alnittei�'s
authorization may be modified, suspended, or revoked, in whole or in part.
2. Ct±z yh4nce with Terms and Conditions. Projects authorized by this LOP shall comply with all
terns and conditions herein and any case -specific conditions added or required by the District
Engineer. Failure to abide by these terns and conditions invalidates this authorization and may
result in a violation of federal law, which may require that the permittee restore the site or take
other remedial action. A.ctivitics requiring Department of the Army authorization that are not
specifically authorized by this LOP are prohibited unless authorized by another Department of the
Anzy permit_
3. Contractor's Copy of Permit, The peiinittee shall provide a copy of the LOP (letter, drawings,
and general conditions) to each contractor involved in the project and keep a copy of the LOP
available for inspection at the project site.
Wil. Compliance Cert-Gcation_ Within 30 days of completing the authorized work, the permittee shall
submit to the issuing office certification that the work, including any required compensatory
mitigation, was conducted in accordance with the provisions of this LOP.
5. Access for hispection. The permittee shall allow the District. Engineer or his/her authorized
representative to inspect the project whenever deemed necessary to assure that the work is being,
or has been, accomplished in accordance with the terms and conditions of this permit.
6. Limits of Authorization. This permit does root;
a. Obviate the requirement to obtain all state, local, or other federal authorizations required by
law for the activity authorizcd herein, including any authorization required from Congress;
b. Convey any property rights, either in real estate or material, or any exclusive privileges;
c. Authorize any injury to property, invasion of rights, or any infringement of federal, state, or
local laws or regulations.; or
d. Authorize the interference with any existing or proposed federal project.
7. Limits of Fcdcral Liability. This permit is not an approval of the design features of M)y
authorized project or an implication that such work is adequate for the intended purpose; a
Department of the Army permit merely expresses the consent of the Federal Government to
conduct the proposed work insofar as public. rights are concemed. In issuing this LOP, the
Federal Government does not assume any liability for the following:
0 0
1 ]. Marking Structures. Permittees shall install and maintain any lights, signals, or other appropriate
markers necessary to clearly designate the location of structures or work that might pose a hazard
to public safety. Permittees shall abide by U -S_ Coast Guzrtd, requirements concerning the
marking of structures and work in navigable waters of the United States.
16. Endangered Species. This LOP does not authorize any activity that is likely to jeopardize the
continued existence of a threatened or endangered species or a species proposed for such
designation, as identified under the Endangered Species Act (ESA). Prospective permittees must
notify the District Engineer if any listed species or designated critical habitat might be affected
by, or is in the vicinity of, the project and shall not begin work until notified by the District
Engineer that the requirements of the ESA have been satisfied ane that the activity is authorized.
17. Historic Properties. This LOP does not authorize any activity that may affect historic properties
listed, or eligible for listing, in the National Register of Historic Places (N12_[I') until the
provisions of 33 CYR 325, .Appendix C, have been satisfied. Historic properties include
prehistoric and historic archeological sites, and areas or structures of cultural interest. A
prospective permittee mu st notify the District Enginccr if the proposed activity may affect an
historic property that is listed, eligible for listing, or may be eligible for listing in the N W, and
shall not begin the activity turtil notified by the District Engineer that the requirements of the
National Historic Preservation Act have been satisfied and tha[ the activity is authorized. If a
previously unknown historic property is encountered during work authorized by this LOP, the
permittee shall cease work immediately, notify the District Engineer of the situation within one
day of discovering the impact, and avoid any further impact to the property until the District
Engineer verifies that the requirements of 33 CFR Part 325, Appendix C, have been satisfied.
18. Wild and Seenic_Rivers. No activity may occur in a component of the National Wild and Scenic
River System or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status unless the federal agency (e.g.,
National Park Service, U.S. Forest Service, Bureau of Lend Management, U -S. Fish and Wildlife
Service) with direct management responsibility for that river, has determined in writing that the
proposed activity will not adversely affect the Wild and Scenic River designation or study status.
19. Alternatives. Activities authorized by LOP shall be designed and constructed to avoid and
minnnize adverse impacts to waters of the United States to the extent practicable through the use
of alternatives.
20. Minimization'of Environmental tin act. Permittees shall make every reasonable e£fott to conduct
the authorized work in a manner that minimizes the adverse impact of the work on water quality
and stream flow, fish and wildlife, and the natural environment, including adverse impacts to
migratory waterfowl breeding areas, spawning areas, shellfish beds, and aquatie resource buffer
zones. Work should be limited to periods of low flow and/or low tide when practicable.
21. Compensatory Miti dation. Appropriate and practicable compensatory mitigation shall be
requited to the extent necessary to ensure that the authorized activities would not have more than
a minor adverse impact on the aquatic. environmer)t.
22. Soil Erosion and 5edinicnt Controls. Permittees shall 'use and maintain appropriate erosion and
sediment controls in effective operating condition and permanently stabilize all exposed soil and
other fills, including any work below the ordinary high water mark or high, tide line (in Seattle
District, the high tide line is located at the "mean higher high water" line), at the earliest
0 0
NATIONWIDE PERM, IT 18
oSArmyCorpsTerms and ConditionEngineersersers cq
of En��
SeastiC oi$I: iCf
Effective Date September 10; 2007
A. Description of Authorized Activities
& Corps National General Conditions for all NWPs
C. Corps Seattle District. Regionn] General Conditions
D. Corps Regional Specific Conditions for this NIAT
E. State 401 Certification General Conditions
F. State 401 Certification Specific Conditions for this NWP
G. EPA 401 Certification General Conditions
H. EPA 401 Certification Specife Conditions for this NWP
L Spokane Tribe of Indians 401 Ceilification General Conditions
1. Tribal 401 Certification Specific Conditions for this YA?
K. CZ1V Consistency Response Specific Conditions for this NWP
L, Additional Limitations on the Use of NWTs
In addition to any special condition that may be required on a case-by-case basis by
the District Engineer, the following terms and conditions must be met, as applicable,
for a Nationwide Permit 18 authorization to be valid in 'Washington State.
A. DESCRIPTION OF AUTHORIZED ACTIVITIES
18. Minor Discharges. Minor discharges of dredged or fill material into all waters of the United States,
provided the activity meets all of the following ciiteria:
{a) The quantity of discharged material and the volume of area excavated do not exceed 25 cubic yards below
the plane of the ordinary hiLh water mark or the high tide line;
(b) The discharge will not cause the loss of more than 1/ 10 acre ofwatcrs of the United States; and
(c) The discharge is not placed for the purpose of a stream diversion.
Notification_ The permittee must submit a pre-constmctiotz notificaLbon to the district engineer prior to
convnencing the activity if (1) The discharge or the volume of area excavated exceeds 10 cubic yards below the
plane of the ordinary high water mark or the high tide line, or (2) the discharge is in a special aquatic site, including
wetlands. (see general condition 27.) (Sections 10 and 404)
B. CORPS NA ZONAL GENERAL CONDITIONS FOR ALL NWPS
� Appeal Process Fact Sheet
L5ArmyCorps
of Engineers r, 27 April 2006 rr P
Seartle pis!nd
Our letter cites a Department of the Arany administrative appeal mile for permit decisions
and approved jurisdictional determinations that went into effect March 9, 1399. In accordance
with this rule, we have included a Notification of.4drninistrative 141a1ml Options and Process
and Request fbr Appeal form of which Section I is the Notification of Appeal Process (NAP1 fact
sheet and Section 11 is the Request for Appeal (RFA) forth.
If a permit decision was made, you may decline to accept a permit I f you object to any of the
terms or conditions, and you believe that these terms or conditions are based on procedural
errors; incorrect data; omission of fact; incorrect application of current Federal manual or
guidance associated with wetlands; or incorrect application of a law, regulation, or policy that
governs our permit program. Once you accept the permit, you waive the right to further appeal
unless we later modify the permit.
If you object to this permit decision or jurisdictional determination, you may request an
administrative appeal under Corps regulations at 33 CFR Part 331 _ As stated previously,
enclosed you will find a Notification of Appeal Options carrel Process and Request for 4ppecal
form. If you request to appeal this determination, you must submit a completed RFA form to the
Divisior: Engineer at the following address:
Division Engineer
U.S. Army Corps of Engineers, Nortlawesterrr Division
David W_ Gest, Appeals Officer
Post Office Box 2870
Portland, Oregon 97208-2570
Telephone: {503) 808-3825
In order for at) RFA to be accepted by the Corps, the Corps must detemune that it is
complete, that it rrmccts the criteria for appeal under 33 CFR part 331.5, and that it has been
received by the Division Office within 60 days of the date of the NAP. Should you decide to
submit an RFA form, it must be received at the above address by the 60t" day. "Day 1" is
designated as the date of the NAP form. "Day 60" is designated as the 6V' calendar day after the
date of the NAP form, with the official counting of calendar- days beginning on "Day I" as
designated above_ When "Day 60" is a traditional non -working day (e_g., a holiday or a
weekend), the 60 day timefۥaene is extended to the next business day. Our Division Office has
90 days to resolve the appeal with you once your completed and acceptable NAO-RFA form has
been received.
It is not necessary to submit an RFA form to the Division office if you do not object to the
decision or determination in our letter.
If you have any questions about your options or the appeal process in general, please contact
the project manager indicated on the form.
0
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Applicaiit: IVIr. Jerry Brannan Filc Ntunbcr. N VS -2009-933 Date:
Attached is: Sea Section belo4
INITIAL PROFFERED PERA11T (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Perinit or Letter of permission)
B
CY
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
D
I
PRELIMINARY R3R.ISDICTIONAL DETERMINATION
SEIN 1ihe £alIawtng adett#"ies 5.9 x1gi�ta and optzax�s rcarisfia�ttrative;apptl of"tl� abc�ti4 `
Addztzonal nfozxnat�o nay Tie oXrnd 'it,°th`ttp �usace ar nti rrnll net f nctz"'nsr c�� let o olrcg 4t
Lctr�s�r�gulatt�tns at.33 CFIt:;Pad ��
��?7� E3 �. :.-,SEtEk
A: INI'T'IAL i'liOFFEIZED ['1~iltMl'[': You may acceptor of icct to the permit.
• ACCEPT- If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fillat
authorization. If you received a Letter of Permission (LOP), you shay accept the LOPand your work is authorized. YoUr
signatme. on the Standard Peii-it x acceptance of the LOP weans that you accept the permit in its entirety, and waive a1.1 rights
to appeal the permit, including its terms and conditions, and approved jurisdictional dete.nttinhations associated with the permit.
• OBJECT: if you object to the permit (Standard or LOP) because ofcertabi renins and conditions therein, you may request ,hat
the permit be rnodified accordiugly. You must connp]etc Section II of this form and return the form to the district engineer-.
Your objections must be received by the district engineer with_n 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may; (a)
modify the permit to address all of your eum errs, (b) (modify the permit to address sonic of your objections, or (c) hho' mlodify,
the peanut having determined that (he. pernnit should be issued as previously written. After evaluating your objections, the
district engineer wif send you a proffered aea,An::t for your reconsideration, as indicated in Section B below_
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit documeztt and retiun it to the district enginheer for final
authorization. If you received a Letter of Permission (LOP), you uray accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the pennit in its entirety, and waive all rielrts
to appeal the permit, including its lenm and conditions, and approved jurisdictional detenuunations associated with the permit,
APPEAL: If you choose to dec-ine the proffered permit (.Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by coax pleOng Section II of this
form and sending the form to the division engineer. Phis fomn must be received by the division engineer witlnitr 60 days of the
date of this notice.
C: PEI RMIT Dl1NIAL-. You ruay appeal the ccrnial of a perrrnii under dw Corps cif Engineers Admutistrative Appeal Process by
completing Section II of this form and sending the farm to the division engineer. This form must be received by the division
engineet within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD, Failure to notify the Corps within 60 days of the date
of this notice, means drat _you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
* APPEAL.: If you disagtee w-itlr the approved JIB, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer_ This forth must be, received
by the division engineer within 60 days of the (late of this. notice.
E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you -kvish, you may request an
approved JD (whicli may be appealed), by contacting the Cotes district for further instruction. Also, you may
providenewitnfoi-oration for further consideration by the Corps to reevaluate the JD.
0 0
REASONS FDR APPEAL OR OBJECTIONS: {Describe ycwr reasons for appc;aliiig the decision or your objections to an
initial proffered pernait in clear concise statements. You may a tac,i additional utfo«na=ion to tivs form to clarity where your reasons
or objections are addressed in the rdnainistrative record.)
ADDITIONAL INFORMATION; The appeal is tinned to a review of the administrative record, the Corps memorandum for the
reenrd of the appeal conference or meeting, and any supplemental information that the rcviow officer has determ6ted is needed to
clarify .he administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of in#'oranation that is already in the administrative record.
If you have questions regarding this decision and/or the appeal
process you may contact'.
Susan Powell, Project Manager
U.S. Array Corps of Engineers, Seattle District
Post Office Box 3755
Seattle, Washington 98124-3755
Telephone: (246) 764-5527
Divisiort Engizreer
U.S. Army Corps of Engineers, Northwest Division
Dave Ciesl, Regulatory Program Manager
Post Office Box 2874
Portland, Oregon 97248-2874
Telephocie: (503) 808-3325
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and ally government
consultants, to conduct investigations of the project site duriug the course of the appoal process. You will be proviced a 15 -day
notice of any site investigation, and will have the uvt)ortilnity to narticinate in all site investieations.
Date:
of appellant o:
NAC,} -RFA FORM F.cloc
10 April 2000
Telephone niunber:
j r,t
US Army Corps
of Engineers
Seattle Distri--t
Permit Number:
Narrie of Pennittee
Date of Issuance:
0
0
�s
CERTIFICATE OF COMPLIANCE #1;
WITH DEPARTMENT OF THE ARMY PERMIT
1,MTS-200-933
Mr. Jena Brennan
NOY 0 3 2009
Upon completion of the activity authorized by this permit, please check the applicable boxes below, date
and sign this certification, and return it to the following address:
Department of the Army
U_S_ Anny Corps of Engineers
Seattle District, Regulatory Branch
Post Office Box 3755
Seattle, Washington 99124-3755
Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of
Engineers representative. If you Fail to comply with the terms and conditions of your authorization, your
permit may be subject to suspension, modification, or revocation.
The work authorized by the above-xefereneed permit has been completed in accordance with the
❑ terms and conditionts of this permit.
Date work complete:
❑ Photographs and as -built drawings of the 'vithorized work (OPTIONAL, unless required
as a Special Condition of the permit).
If applicable, the mitigation required (e.g., construction and plantings) in the above -referenced
permit has been completed in accordance with the terms and conditions of this permit (not
including future monitoring).
Date work complete:
❑ Photographs and as -built drawings of the mitigation (OPTIOtNAL, unless required as a
Special Condition of the permit)_
Printed Name:
Signature:
Date:
• •
City of Renton Department of Community & Economic Development
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT:
COMMENTS DUE: NOVEMBER 5, 2009
APPLICATION NO: LUA09-136, ECF, SM, SMC
DATE CIRCULATED: OCTOBER 22, 2009
APPLICANT: Jerry Brennan
PLANNER: Jerry Wasser 0
PROJECT TITLE: Brennan Dock & Boatlift
PLAN REVIEWER: Jan Illian Z q
m
SITE AREA: 8,517 square feet
EXISTING BLDG AREA (gross): N/A Z'-tQ
nv
m
LOCATION: 3411 Lake Washington Blvd N
PROPOSED BLDG AREA (gross) N/A m z
e,a
WORK ORDER NO: 78143 0Z
rn
SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit
and a Shoreline Substantial Development Permit for the construction of a new 80 -foot long dock and installation of a
pre -manufactured, freestanding, portable, marine grade aluminum boatlift in association with a single family residence
on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is an 8,517 square foot slot in
the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving eight 8 -inch
diameter steel piles via a barge -mounted drop hammer pile driving system. Boatlift assembly would done with
common hand tools. Because boatlifts are not specifically identified in the Shoreline Master Program regulations,
approval of a Shoreline Conditional Use Permit is required prior to their installation.
A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS
Element of the Probable Probable More
Environment Minor Major Information
Impacts impacts Necessary
Earth
Air
Water
Pi an is
land/Shoreline Use
Animals
Environmental Health
Energy/
Noturol Resources
Element of the Probable Probable More
Environment Minor Major information
Impacts impacts Necessary
Housing
Aesthetics
ti hVGlare
Recreation
Utilities
Transportation
Public Services
Historic/Cultural
Preservation
Airport Environment
10, 000 Feet
14,000 Feet
"*Z. a'Ze no
B. POLICY -RELATED COMMENTS
7 &w2e- av� rzo.vr��0�
C. CODE -RELATED COMMENTS
YAA�-"U 0,/U
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact
orareas where additional informpNn is needed to properly assess this proposal.
Signature of Director or Authorized Representative
Date
9
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
DATE:
0
n C:itvot
M E M O R A N D U M
October 27, 2009
TO: Jerry Wasser, Planner
FROM: an Illian, Plan Review
SUBJECT: Utility and Transportation Comments for Brennan Dock & Boatlift
LUA 09-136 3411— Lake Washington Blvd. N.
have reviewed the application for Brennan Dock & Boatlift located at 3411— Lake Washington Blvd. N.
and have the following comments:
EXISTING CONDITIONS
WATER There are no existing city water mains along the west side of the parcel.
SEWER There is an existing 8" City owned sanitary sewer force main on this west side of the parcel in
Lake Washington.
STORM There is no existing storm water conveyance system.
CODE REQUIREMENTS
Water:
1. Applicant needs to verify if there is to be any plumbing out to the dock. If so, the applicant will be
responsible for installing a backflow prevention device.
Sanitary Sewer:
1. The applicant needs to coordinate with the City of Renton Wastewater Division for locates prior to
and during construction.
Storm Drainage
1. There are no city storm drainage facilities on the west side of the parcel.
LUA 09-136 PR Comments
0
City of Renton Department of Community & Economic Development
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT:
COMMENTS DUE: NOVEMBER 5, 2009
APPLICATION NO: LUA09-136, ECF, SM, SMC
DATE CIRCULATED: OCTOBER 22, 2009
APPLICANT: Jerry Brennan
PLANNER: Jerry Wasser CrrYOFRENTON
PROJECT TITLE: Brennan Dock& Boatlift
PLAN REVIEWER: Jan Illian
SITE AREA: 8,517 square feet
EXISTING BLDG AREA (gross): N/A
LOCATION: 3411 Lake Washington Blvd N
PROPOSED BLDG AREA (gross) N/ UILDING DIVISION
WORK ORDER NO: 78143
SUMMARY OF PROPOSAL_ The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit
and a Shoreline Substantial Development Permit for the construction of a new 80 -foot long dock and installation of a
pre -manufactured, freestanding, portable, marine grade aluminum boatlift in association with a single family residence
on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is an 8,517 square foot slot in
the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving eight 8 -inch
diameter steel piles via a barge -mounted drop hammer pile driving system. Boatlift assembly would done with
common hand tools. Because boatlifts are not specifically identified in the Shoreline Master Program regulations,
approval of a Shoreline Conditional Use Permit is required prior to their installation.
A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS
Element of the Probable Probable More
Environment Minor Major Information
Impacts Impacts Necessary
Earth
Air
Water
Pfants
Land/Shoreline Use
Animals
Environmental Health
Energy/
Natural Resources
B. POLICY -RELATED COMMENTS
Element of the Probable Probable More
Environment Minor Major Information
Impacts impacts Necessary
Housing
Aesthetics
Li hVGlore
Recreation
Utilities
Transportation
Public Services
Historic/Cultural
Preservation
Airport Environment
10,000 Feet
14,000 Feet
C. CODE -RELATED COMMENTS x
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.
or Authorized Representative
s:'
Date
0 0
City of Renton Deportment of Community & Economic Development
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: T- no
COMMENTS DUE: NOVEMBER 5, 2009
APPLICATION NO: LUA09-136, ECF, SM, SMC
DATE CIRCULATED: OCTOBER 22, 2009
APPLICANT: Jerry Brennan
PLANNER: Jerry Wasser
PROJECT TITLE: Brennan Dock & Boatlift
PLAN REVIEWER: Jan Illian CIYYOFiii NTON j
SITE AREA: 8,517 square feet
EXISTING BLDG AREA (gross): N/A
2 a ?009
LOCATION: 3411 Lake Washington Blvd N
DIT
PROPOSED BLDG AREA (gross) N A
WORK ORDER Na: 78143 DUILLJING DIVISION
SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit
and a Shoreline Substantial Development Permit for the construction of a new 80 -foot long dock and installation of a
pre -manufactured, freestanding, portable, marine grade aluminum boatlift in association with a single family residence
on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is an 8,517 square foot slot in
the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving eight 8 -inch
diameter steel piles via a barge -mounted drop hammer pile driving system. Boatlift assembly would done with
common hand tools. Because boatlifts are not specifically identified in the Shoreline Master Program regulations,
approval of a Shoreline Conditional Use Permit is required prior to their installation.
A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS
Element of the Probable Probable More
Environment Minor Major Information
Impacts Impacts Necessary
Forth
Air
Water
Plants
Land/Shoreline Use
Animals
Environmental Health
Energy/
Natural Resources
r
8. POLICY -RELATED COMMENTS
C. CODE -RELATED COMMENTS
Element of the Probable Probable More
Environment Miner Major information
Impacts impacts Necessary
Housing
Aesthetics
Li ht/Glare
Recreation
Utilities
Transportation
Public Services
Historic/Cultural
Preservation
Airport Environment
10,000Feet
14, 000 Feet
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
Date
0 0
City of Renton Department of Community & Economic Development
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT:ow
COMMENTS DUE: NOVEMBER S, 2009
APPLICATION NO: LUA09-136, ECF, SM, SMC
DATE CIRCULATED: OCTOBER 22, 2009
APPLICANT: Jerry Brennan
PLANNER: Jerry Wasser
PROJECT TITLE: Brennan Dock & Boatlift
PLAN REVIEWER: Jan Illian
SITE AREA: 8,517 square feet
EXISTING BLDG AREA (gross): N/A
LOCATION: 3411 Lake Washington Blvd N
PROPOSED BLDG AREA (gross) N/A
W K ORDER NO: 78143
PLEASE RETURN TO'JERRY WASSER IN 4URRENT PLANNING 6T" FLOOR
SUMMARY OF PROPOSAL: The applic nt is requesting Environmen I (SEPA) Review, a Shoreline Conditional Use Permit
and a Shoreline Substantial Devel pment Permit for the co ruction of a new 80 -foot long dock and installation of a
pre -manufactured, freestanding, piktable, marine grad uminum boatlift in association with a single family residence
on the shore of Lake Washington, a Sh ewide Significance. The project site is an 8,517 square foot slot in
the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving eight 8 -inch
diameter steel piles via a barge -mounted drop hammer pile driving system. Boatlift assembly would done with
common hand tools. Because boatlifts are not specifically identified in the Shoreline Master Program regulations,
approval of a Shoreline Conditional Use Permit is required prior to their installation.
A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS
Element of the Probable Probable More
Environment Minor Major Information
Impacts Impacts Necessary
Earth
Air
Water
Plants
Land/Shoreline use
Animals
Environmental Health
Energy/
NaturalResources
n IQ_
B. POLICY -RELATED COMMENTS
C. CODE -RELATED COMMENTS
Element of the Probable Probable More
Environment Minor Major Information
Impacts Impacts Necessary
Housing
Aesthetics
Light/Glare
Recreation
Utilities
Transportation
Public Services
Historic/culturol
Preservation
Airport Environment
10,000 Feet
14,000 Feet
We hove 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 jrlforf gation is needed to properly assess this proposal.
Signature of Director or Authorized Representative
Date
0 0
City of Renton Department of Community & Economic Development
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: (—C—
COMMENTS DUE: NOVEMBER 5, 2009
APPLICATION NO: LUA09-136, ECF, SM, SMC
DATE CIRCULATED: OCTOBER 22, 2009
APPLICANT: Jerry Brennan
PLANNER: Jerry Was -ser
PROJECT TITLE: Brennan Dock & Boatlift
PLAN REVIEWER: Jan Illian
SITE AREA, 8,517 square feet
EXISTING BLDG AREA (gross): N/A
LOCATION: 3411 Lake Washington Blvd N
PROPOSED BLDG AREA (gross) N/A
WORK ORDER NO: 78143
SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit
and a Shoreline Substantial Development Permit for the construction of a new 80 -foot long dock and installation of a
pre -manufactured, freestanding, portable, marine grade aluminum boatlift in association with a single family residence
on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is an 8,517 square foot slot in
the Residential - S dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving eight 8 -inch
diameter steel piles via a barge -mounted drop hammer pile driving system. Boatlift assembly would done with
common hand tools. Because boatlifts are not specifically identified in the Shoreline Master Program regulations,
approval of a Shoreline Conditional Use Permit is required prior to their installation.
A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS
Element of the Probable Probable More
Environment Minor Major Information
Impacts Impacts Necessary
Earth
Air
Woter
Plants
Land/Shoreline Use
Animals
Environmental Health
Energy/
Natural Resources
B. POLICY -RELATED COMMENTS
C. CODE -RELATED COMMENTS
�/ -41 W L�
�Vd !11 4,—.
/V1 F,V,-,k-
Element of the Probable Probable More
Environment Minor Major Information
Impacts impacts Necessary
Housing
Aesthetics
1_i hVGlore
Recreation
Utilities
Transportation
Public Services
Historic/Cultural
Preservation
Airport Environment
10,000 Feet
14,000 Feet
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 Date
• i
City of Renton Deportment of Community & Economic Development
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: `
COMMENTS DUE: NOVEMBER 5, 2009
APPLICATION NO: LUA09-136, ECF, SM, SMC
DATE CIRCULATED: OCTOBER 22, 2009
APPLICANT: Jerry Brennan
PLANNER: Jerry Wasser
PROJECT TITLE: Brennan Dock & Boatlift
PLAN REVIEWER: Jan Illian
SITE AREA: 8,517 square feet
EXISTING BLDG AREA (gross): N/A
LOCATION: 3411 Lake Washington Blvd N
PROPOSED BLDG AREA (gross) N/A
WORK ORDER NO: 78143
SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit
and a Shoreline Substantial Development Permit for the construction of a new 80 -foot long dock and installation of a
pre -manufactured, freestanding, portable, marine grade aluminum boatlift in association with a single family residence
on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is an 8,517 square foot slot in
the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving eight 8 -inch
diameter steel piles via a barge -mounted drop hammer pile driving system. Boatlift assembly would done with
common hand tools. Because boatlifts are not specifically identified in the Shoreline Master Program regulations,
approval of a Shoreline Conditional Use Permit is required prior to their installation.
A. ENVIRONMENTAL IMPACT (e.g. Nan -Code) COMMENTS
Elementofthe Probable Probable More
Environment Minor Major information
Impacts Impacts Necessary
Earth
Air
Water
Pion is
Land/Shoreline Use
Animals
Environmental Health
Energy/
Natural Resources
B. POLICY -RELATED COMMENTS
C. CODE -RELATED COMMENTS
Element of the Probable Probable More
Environment Minor Major information
Impacts Impacts Necessary
Housing
Aesthetics
Light/Glare
Recreation
Utilities
Transportation
Public services
Historic/Cultural
Preservation
Airport Environment
10,000 Feet
14,000 Feet
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.
/2� Dpi
Signatur Dir ctororAuthorized Representative Date
D City of ��.
NOTICE OF APPLICATION AND PROPOSED DETLRMINATION OF
NON -SIGNIFICANCE -MITIGATED (DNS -M)
DATE'
Co'dlber 21, 2009
LAND USE NUMBER: LUA09-136, ECF. SNI, SIX
PROJECT NAME: Drennan Dock & Boatlirl
PROJECT DESCRIPTION: the applicam is requesting Environmental (SEPA) Review, a Shoreline
Conditional Use Permit and a Shoreline Srrh'(antial Development Perri fur the construction of a new Axfoot lung dock
and installation of a pre-r—,-Fact—al. freestanding, portable, marine grade aluminum huatlift in assecimion with a
'Ingle family residence on the share of Lake. Vd.ei ingicn, a Shoreline of Statewide Significance. The project site is an
a,517 square toot slot in the Residential - 8 Cwerirg units per acre (R-8) tone. Dock construction would be
arcomplishec by driving eight a -inch diameter steel ,riles via a barge mounted drop hammer pile driving system
-
84oathftassembly would done with cmnre— hand tools. Because hnalliRs are net specifically identified in the Shoreline
Master program regulations, approval of a Shoreline Conditional Use Permit is required prior to their installation.
PROJECT LOCATION, 3411 Lake 'Nashington Blvd N
OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS -MI: As the Lead Agency, the City of Rent has
determined that signif-ni environmental impacts are unlikely to result from the proposed project. Therefore, as
pennitted under the PCW 413.11C.11o, the City of Fi loo is using the Optional DNS -f.1 process to give notice that a DNS.
M is likely to be issued. Comment periods for the oroject and the proposed Dr4i are integrated into a single
comment period. There will be no comment periurl [allowing Inc issuance of the Threshold Determination of Nom
Significance -M itigazetl (Dtb-M,L A 14 -day appeal period will follow the issuance of the DNS -M.
PERMIT APPLICATION DATE: 11 9, 2009
NOTICE OF COMPLETE APPLICATION- October 22, 20n9
APPLICANT/PROJECT CONTACT PERSON: Jerry Brennan; 3405 Lake Washington Blvd N; Renton, WA 98056
Permits/Review Requested: Environmental (SEPA) Review, Shoreline Substantial Development
Permit, Shoreline Condilional use
Other Permits which may be required: Building and Construction Permits
Requested Studies: Lake Study
Location where application may
he reviewed. Department of Community & Economic Development (CED( - Planning
Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA
98057
PUBLIC HEARING, Public hearing Is teatatively scheduled for Decrmrber 8, 2009 bef re the Renton
Hearing N.,i leer in Renton Cpun,il Chambers. Hearings begin at 9 011 AM on
Ure 7th floor of the new Renton City Hall located at 1355 5uuth Grady Way.
CONSISTENCY OVERVIEW:
Zoning/Land use.: The -bject sive is designated Residential 5!rigle-Famhy (RSF) en the City of
Renta s Comprehensive Land use Map and Residential - A Ill ori the City's
Lcning Map.
Env ental Documents that
Lvaluate the Proposed Protect. Fnvlrcnmcrtaf fSEPAI Checklist
0
Proposed Mitigation Measures: The following Mitrgatinn Measures .vill Ilkely be Impgsed c I the proposed
pruj2U. These reccmmencee '11419a etir hiexsu es addrer, ptujacf -pacts not
1 --ed by exctint [odes and r".IhtiT-i, as riled aloe_
Aii work 0'll be o rnulrsheo _rrher mwin
e 1111r r u dow asroL!nhed by rhg
oir l4yaernqrv+ I%eonrtmenr :rF
rsh R Wil�7Je, n
Thr eoPiicer,r'!coif wmPfy vdlh the remmrnendobons of Che icke Srudy fur the P,o,r_,o Pre, and q,,tlifr or
34 fJ Luke IVoshfnytan Blvdk, prepnred by rhe A',1111111' Contpuny, dered I:ober 6, 2007
Comments an the above application must he submitted in writ -ng to Gerald C. Wasser, Associate Planner, CED -
Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on November 5, 2009, This matter is also
tentatively scheduied for 2 public hearing on December B, Zoos, at 9:Oo AM, Ceuoril Chami;ers- Seventh Floor, denten
Cily Hzll. 1055 tooth Grady 4Vay, Reninn. If yc� a-nterested in atrending the hearing, please ccnta,, the
Development Services Division to I--tha, the hearing has not bee, reschedured at ;4125; 43x7282. If eomol
cannot de suhmitted in writing by the dale indicated ahuve, yea may still appear at the hearing and present our
mmn'ents on the proposal before the Hearing -r a, : er. V you have questions about :his proposal, cr wish to be myade
a Party o'record and receive additiatal information by road, please cnolact tie project manager- Anyone who "'hinds
written comments will zutc,ratically become a party of record and will be notified of any decision er this faoject.
CONTACT PERSON: Gerald C. Wasser, Associate Planner; Tel: (425) 431
Erol: gwasser@rentonwa.gov
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATIOry
if you would like to he made a frarty of record to receive further Information nn thisre osed
form and return to: City of Renton, LEG - Planning Division, 1[15; Se. Grady Way, ReotoQ VVA 980,5Ject, complete this
7
Name/File Nn.. Brennan Dock P Doatldti LUA09-136. ECF, SM, SMC
NAME:
Deyelopriem Regulations
used For Project Mitigation: The prnjert will be subject :e the City's SFPA ordinance, RMC 4 2-110A, RMC 4. MAB.ING 41
3-090, 1-9 19015 and other applicable codes and regulations as
appropriate. TELEPHONL NO.:
I
posted by me
DATE:
CERTIFICATION
ie hereby certify that 1
conspicuous places or nearby
SIGNED
the
ATTEST: Subscribed and sworn before me, a Notary Public, in and €or the State. of Washington residing A"
IbEq k*— on the Q_ day of l2)0-6
ARY
ZIP:_
t
E
(Signature of Sender): +QtlGGc
STATE OF WASHINGTON )
j SS
COUNTY OF KING j
I certify that I know or have satisfactory evidence that Stacy M. Tucker
signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in the instrument. *011 Mkitl
}t11
Dated:
Notary Public in and f he Sate off irgton
Notary(Print): liam6+�f Lu 1�►r1 lea r�-.ccr� �� - -
My appointment expires: —10
1110P 'WAS�A'
: ' ....Brennan
Dock & Boatlift
'.EE'.EfEEfEiEEfCEWffi!"A�lFE£
LUA09-136, ECF, SM, SMC
template - affidavit of service by mailing
0 0
AGENCY (DOE) LETTER MAILING
(ERC DETERMINATIONS)
Dept, of Ecology *
WDFW - Larry Fisher*
Muckleshoot Indian Tribe Fisheries Dept,
Environmental Review Section
1775 12th Ave. NW Suite 201
Attn: Karen Walter or SEPA Reviewer
PO Box 47703
Issaquah, WA 98027
39015 —172" d Avenue SE
Olympia, WA 98504-7703
Auburn, WA 98092
WSDOT Northwest Region *
Duwamish Tribal Office *
Muckleshoot Cultural Resources Program
Attn: Ramin Pazooki
4717 W Marginal Way SW
Attn: Ms Melissa Calvert
King Area Dev. Serv., MS -240
Seattle, WA 98106-1514
39015172 nd Avenue SE
PO Box 330310
Auburn, WA 98092-9763
Seattle, WA 98133-9710
US Army Corp. of Engineers *
KC Wastewater Treatment Division *
Office of Archaeology & Historic Preservation*
Seattle District Office
Environmental Planning Supervisor
Attn: Gretchen Kaehler
Attn: SEPA Reviewer
Ms. Shirley Marroquin
PO Box 48343
PO Box C-3755
2015. Jackson ST, MS KSC-NR-050
Olympia, WA 98504-8343
Seattle, WA 98124
Seattle, WA 98104-3855
Boyd Powers *
Depart. of Natural Resources
PO Box 47015
Olympia, WA 98504-7015
KC Dev. & Environmental Serv.
City of Newcastle
City of Kent
Attn: SEPA Section
Attn: Steve Roberge
Attn: Mr. Fred 5atterstrom, AICP
900 Oakesdale Ave. SW
Director of Community Development
Acting Community Dev. Director
Renton, WA 98055-1219
13020 Newcastle Way
220 Fourth Avenue South
Newcastle, WA 98059
Kent, WA 98032-5895
Metro Transit
Puget Sound Energy
City of Tukwila
Senior Environmental Planner
Municipal Liaison Manager
Steve Lancaster, Responsible Official
Gary Kriedt
Joe Jainga
6200 Southcenter Blvd.
201 South Jackson Street KSC-TR-0431
PO Box 90868, MS: XRD-01W
Tukwila, WA 98188
Seattle, WA 98104-3856
Bellevue, WA 98009-0868
Seattle Public Utilities
Real Estate Services
Attn: SEPA Coordinator
700 fifth Avenue, Suite 4900
PO Box 34018
Seattle, WA 98124-4018
*Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities
will need to be sent a copy of the checklist, Site Plan PMT, and the notice of application.
template - affidavit of service by mailing
334210365709
BRENNAN JERRY
3405 LAKE WASHINGTON
RENTON WA 98056
334210369503
DELOOF SUSAN
469 TACOMA AVE NE
RENTON WA 98056
334210300102
CORRELL KEVIN L+SUSANA
BLVD N 3502 BURNETT AVE N
RENTON WA 98056
334210362508
LUCK VIRGINIA E
285 SAND DUNE AVE NW
OCEAN SHORES WA 98569
334210001502
SAN DJAY LLC
4957 LAKEMONT BLVD SE #C428
BELLEVUE WA 98006
334210003003
FAWCETT JAMES R ESTATE
JANET MILES EX
PO BOX 454
OCEAN SHORES WA 98569
334210251008
NICOLI BRUNO I & SARAH C
3404 BURNETT AVE N
RENTON WA 98056
is
334210275007
DAO HUNG+LOAN BUI
900 N 34TH ST
RENTON WA 98056
334210001007
GEIGER DEAN A+SARAH C
3415 BURNETT AVE N
RENTON WA 98056
334210002005
POTOSHNIK MIKE JR
3403 BURNETT AVE N
RENTON WA 98056
D Uty O �� c
4 ,
NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF
NONSIGNIFICANCE -MITIGATED (DNS -M)
DATE:
LAND USE NUMBER:
PROJECT NAME:
October 22, 2009
LUA09-136, ECF, SM, SMC
Brennan Dock & Boatlift
PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review, a Shoreline
Conditional Use Permit and a Shoreline Substantial Development Permit for the construction of a new 80 -foot long dock
and installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatlift in association with a
single family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is an
8,517 square foot slot in the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be
accomplished by driving eight 8 -inch diameter steel piles via a barge -mounted drop hammer pile driving system.
Boatlift assembly would done with common hand tools. Because boatlifts are not specifically identified in the Shoreline
Master Program regulations, approval of a Shoreline Conditional Use Permit is required prior to their instailation.
PROJECT LOCATION: 3411 Lake Washington Blvd N
OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS -M): As the Lead Agency, the City of Renton has
determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as
permitted under the RCW 43.21C.110, the City of Renton is using the Optional ONS -M process to give notice that a DNS -
M is likely to be issued. Comment periods for the project and the proposed DNS -M are integrated into a single
comment period. There will be no comment period following the issuance of the Threshold Determination of Non -
Significance -Mitigated (DNS -M). A 14 -day appeal period will follow the issuance of the DNS -M.
PERMIT APPLICATION DATE: October 9, 2009
NOTICE OF COMPLETE APPLICATION: October 22, 2009
APPLICANT/PROJECT CONTACT PERSON: Jerry Brennan; 3405 Lake Washington Blvd N; Renton, WA 98056
Permits/Review Requested: Environmental (SEPA) Review, Shoreline Substantial Development
Permit, Shoreline Conditional Use
Other Permits which may be required: Building and Construction Permits
Requested Studies: Lake Study
Location where application may
be reviewed: Department of Community & Economic Development (CED) — Planning
Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA
98057
PUBLIC HEARING: Public hearing is tentatively scheduled for December 8, 2009 before the Renton
Nearing Examiner in Renton Council Chambers. Hearings begin at 9:00 AM on
the 7th floor of the new Renton City Hall located at 1055 South Grady Way.
CONSISTENCY OVERVIEW:
Zoning/Land Use: The subject site is designated Residential Single -Family (RSF) on the City of
Renton Comprehensive Land Use Map and Residential - 8 (R-8) on the City's
Zoning Map.
Environmental Documents that
Evaluate the Proposed Project: Environmental )SEPA) Checklist
Development Regulations
Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 4-2-110A, RMC 4-
3-090, RMC4-9-1901.5 and other applicable codes and regulations as
appropriate.
Proposed Mitigation Mea: The following Mitigation Measures wilty be imposed on the proposed
project. These recommended Mitigation sures address project impacts not
covered by existing codes and regulations as cited above:
■
All work shali be accomplished within the construction window established by the Washington Departrnenl of
Fish & Wildlife; and
■ The applicant shall comply with the recommendations of the Lake Study for the Proposed Pier and Bootlift at
3411 take Washington Blvd. N, prepared by The Watershed Compony, dated October 6, 2009.
Comments on the above application must be submitted in writing to Gerald C. wasser, Associate Planner, CED —
Planning Division, 1055 South Grady way, Renton, WA 98057, by 5:00 PM on November 5, 2009. This matter is also
tentatively scheduled for a public hearing on December 8, 2009, at 9:00 AM, Council Chambers, Seventh Floor, Renton
City Hall, 1055 South Grady Way, Renton. If you are interested in attending the hearing, please contact the
Development Services Division to ensure that the hearing has not been rescheduled at (425) 430-7282. If comments
cannot be submitted in writing 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 questions about this proposal, or wish to be made
a party of record and receive additional information by mail, please contact the project manager. Anyone who submits
written comments will automatically become a party of record and will be notified of any decision on this project.
CONTACT PERSON: Gerald C. Wasser, Associate Planner; Tel: (425) 434-7382;
Errol: gwasser@rentonwa.gov
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION
If you would like to be made a party of record to receive further information on this proposed project, complete this
form and return to: City of Renton, CED — Planning Division, 1055 So. Grady Way, Renton, WA 98057.
Name/Fife No.: Brennan Dock & Boat lift/LUA09-136, ECF, SM, SMC
NAME:
MAILING ADDRESS:
TELEPHONE NO.:
71 P:
Denis Law
c1 Y
Mayor ... � ��_. �" �,. _ � _. � or
Department of Community & Economic Development
October 22, 2009
Jerry Brennan
3405 Lake Washington Blvd N
Renton, WA 98056
Subject: Notice of Complete Application
Brennan Dock & Boatlift, LUA09-136, ECF, SM, SMC
Dear Mr. Brennan:
The Planning Division of the City of Renton has determined that the subject application is
complete according to submittal requirements and, therefore, is accepted for review.
It is tentatively scheduled for consideration by the Environmental Review Committee on
November 9, 2009. Prior to that review, you will be notified if. any additional information is
required to continue processing your application.
In addition, this matter is tentatively scheduled for a Public Hearing on December 8, 2009 at
9:00 a.m., Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton.
The applicant or representative(s) of the applicant are required to be present at the public
hearing. A copy of the staff report will be mailed to you prior to the scheduled hearing.
Please contact me at (425) 430-7382 if you have any questions.
Sincerely,
Com,
Gerald C. Wasser
Associate Planner
Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 6 rentonwa.gov
City of Renton
LAND USE PERMIT
MASTER APPLICATION
PROPERTY OWNER(S)
NAME: Jerry Brennan
ADDRESS: 3405 Lake Washington Blvd N
CITY: Renton ZIP: 98056
TELEPHONE NUMBER: 425-271-2736
APPLICANT ('if other than owner)
NAME:
COMPANY (if applicable):
ADDRESS:
CITY: Zi P:
TELEPHONE NUMBER:
CONTACT PERSON
NAME: Jerry Brennan
COMPANY (if applicable):
ADDRESS: 3405 Lake Washington Blvd N
CITY: Renton ZIP: 98056
TELEPHONE NUMBER AND EMAIL ADDRESS:
Cell -425-277-4644, jerry_brennan@yahoo.com
PROJECT INFORMATION
PROJECT OR DEVELOPMENT NAME:
Brennan Dock Construction
PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE:
3411 Lake Washington Blvd N, Renton WA 98056
KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
3124059074 and 3342103635
EXISTING LAND USE(S):
Single Family Residence
PROPOSED LAND USE(S):
Single Family Residence
EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
RSF
PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
(if applicable) NA
EXISTING ZONING:
R-8
PROPOSED ZONING (if applicable): NA
SITE AREA (in square feet):
8517
SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE
DEDICATED:
SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS:
NA
PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET
ACRE (if applicable) NA
NUMBER OF PROPOSED LOTS (if applicable) NA
NUMBER OF NEW DWELLING UNITS (if applicable): 1
C;1Documents and Scttingslgfb41051Des1ctuplHome StuffiDncklmasterapp.doc - 1 - 06109
PAECT INFORMA
NUMBER OF EXISTING DWELLING UNITS (if applicable): NA
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL
BUILDINGS (if applicable): NA
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
BUILDINGS TO REMAIN (if applicable):
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL
BUILDINGS (if applicable): NA
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): NA
NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if
applicable): NA
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW
PROJECT (if applicable): NA
I -
TION contilled
PROJECT VALUE:
$35,000
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE
SQUARE FOOTAGE (if applicable):
❑ AQUIFIER PROTECTION AREA ONE
❑ AQUI FIER PROTECTION AREA TWO
❑ FLOOD HAZARD AREA sq. ft.
❑ GEOLOGIC HAZARD sq. ft_
❑ HABITAT CONSERVATION sq. ft_
❑ SHORELINE STREAMS & LAKES 8517_ sq_ ft.
❑ WETLANDS sq. ft.
I LEGAL DESCRIPTION OF PROPERTY I
(Attach leqal description on separate sheet with the following information included)
SITUATE IN THE SE QUARTER OF SECTION _31 , TOWNSHIP _24N_, RANGE —5E_, IN THE
CITY OF RENTON, FLING COUNTY, WASHINGTON
TYPE OF APPLICATION & FEES
List all land use applications being applied for:
1. Conditional Use Permit 3.
2. Shoreline Substantial Development 4.
Staff Will calculate applicable fees and postage: $
AFFIDAVIT OF OWNERSHIP
.__-
I, (Print Name/s) eJ e r o,,V declare under penalty of perjury under the laws of the State of
Washington that I am (please qfkk one) the current owner of the property involved in this application or the authorized representative to act
for a corporation (please attap 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 best of my knowledge and belief.
I certify that I know or have satisfactory evidence that lZrLi f ZE K; L_!�,J
signed this instrument and acknowledge it to be his/her/their free and voluntary
act for the uses and purposes mentioned in the instrument.
Notary Public in and for the State of Washington
Notary (Print) S -i S1J 4 r 4kAa1_-%
My appointment expires: I� � A Lo/
CADocumcnts and Settingslgfb41051DesktoplHome StuftlDocklmasterapp.doc - 2 - 06109
I LEGAL DESCRIPTION OF PROPERTY I
(Attach leqal description on separate sheet with the following information included)
SITUATE IN THE SE QUARTER OF SECTION _31 , TOWNSHIP _24N_, RANGE —5E_, IN THE
CITY OF RENTON, FLING COUNTY, WASHINGTON
TYPE OF APPLICATION & FEES
List all land use applications being applied for:
1. Conditional Use Permit 3.
2. Shoreline Substantial Development 4.
Staff Will calculate applicable fees and postage: $
AFFIDAVIT OF OWNERSHIP
.__-
I, (Print Name/s) eJ e r o,,V declare under penalty of perjury under the laws of the State of
Washington that I am (please qfkk one) the current owner of the property involved in this application or the authorized representative to act
for a corporation (please attap 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 best of my knowledge and belief.
I certify that I know or have satisfactory evidence that lZrLi f ZE K; L_!�,J
signed this instrument and acknowledge it to be his/her/their free and voluntary
act for the uses and purposes mentioned in the instrument.
Notary Public in and for the State of Washington
Notary (Print) S -i S1J 4 r 4kAa1_-%
My appointment expires: I� � A Lo/
CADocumcnts and Settingslgfb41051DesktoplHome StuftlDocklmasterapp.doc - 2 - 06109
Legal Description:
All that certain parcel 1 as shown on plat of Boundary Survey for .ferry 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 Bast, Willamette Meridian, King County,
Washington, further described for reference as follows:
Commencing at the Southeast comer of said Section 31; thence North 014816" East,
2455.27 feet; thence North 88011'44" West, 41.34 feet to a brass disk in the centerline of
Lake Washington Boulevard, thence South 20004'48" 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 04026'44",
an arc length of 124.32 feet; thence North 72018W West, 186.95 feet to a point on the Southeasterly
line of Mountain View Avenue; thence North 24057'59" East along said Southeasterly line a distance
of 209.74 feet to the True Point of Beginning; thence continuing North 24057'59" East along said
Southeasterly line of Mountain View Avenue a distance of 86.94 feet; thence South 70040'47" 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.
0�',':R'_-city of
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT IL -Ply of
Pian, futon
M E M O R A N D U M � L)'i'fs;on
DATE:
June 18, 2009
TO:
Jerry Wasser, Planner
FROM:
Pan Illian, Plan Review
SUBJECT:
Brennan Dock
PRE 09-032
3411— Lake Washington Blvd NE
NOTE: The applicant is cautioned that information contained in this summary is preliminary and
non-binding and may be subject to modification and/or concurrence by official city decision -
makers. 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.
I have completed a preliminary review for the above -referenced proposal. The following
comments are based on the pre -application submittal made to the City of Renton by the
applicant -
Water:
1- There are no existing city water mains on the west side of the parcel.
2- Applicant needs to verify if there is to be any plumbing out to the dock. If there is any
plumbing out to the dock, the applicant is responsible for installing a backflow prevention
device if there is actual or potential cross connection.
Sanitary Sewer:
1. There is an existing 8" city sanitary sewer force main on this west side of the parcel in the
lake. The applicant needs to coordinate with the City of Renton Wastewater Division for
locates prior to and during construction.
Storm Drainag
1. There are no city storm drainage facilities on the west side of the parcel.
PRE 09-032 PR Commenls.doc
0 0 *r
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
M E M O R A N D UM
DATE: July 9, 2009
TO: Pre -application File No. 09-032
FROM: Gerald Wasser, Associate Planner% r
SUBJECT: Brennan Dock
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, Planning
Director, Development Services Director, Public Works Administrator, Community &
Economic Development 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 or
on the City's website www.rentonwa.gov.
Project Proposal: The proposal is to build a new 80 -foot long dock and install a pre -
manufactured, freestanding, portable boatlift in association with a single family
residence, currently under construction, located at 3411 Lake Washington Blvd. North.
Zoning/Comprehensive Plan: The subject property is located within the Residential — 8
dwelling units per acre (R-8) zone and has been designated Residential Single Family
(RSF) in the Comprehensive Plan.
Current Use: A single family residence currently under construction.
Shoreline Master Program Regulations: The City of Renton Shoreline Master Program
identifies Lake Washington as a Regulated Water Body- Lake Washington has also been
identified as a Shoreline of Statewide Significance. Lake Washington has further been
classified by the City of Renton as an Urban Environment. Private single family
residence piers and docks are permitted with a Shoreline Substantial Development
Permit (RMC 4-3-090L.d.iv). Design criteria for single family docks and piers are
specified in RMC 4-3-090L.e). These design criteria include:
* Number —There shall be no more than one pier per developed waterfront lot or
ownership.
h:\ced\planning\current plan ning\preapps\09-03 Lie rry\pre09-03 2, brennan dock, r-8.doc
051 O FIRE &. EMERGENCY SERVICES
♦_ ♦ DEPARTMENT
Nto M E M O R A N D U M
DATE: June 30, 2009
TO: Jan Illian, Plan Reviewer
FROM: David Pargas, Assistant Fire Marshal, Community Risk
Reduction
SUBJECT: PRE -APP 09- 032
Brennan Dock Use
A review of the plans and material regarding the Brennan Dock as disclosed that there are
no Fire Code or Fire Policy requirements associated with this project. There will also be
no fire mitigation fees required with this project.
Any further questions or concerns regarding Renton Fire & Emergency's review of this
project may be directed to Assistant Fire Marshal, David Pargas at 425-430-7023
DP/kc
c: Jerry Wasser, Planner
r
E
i
PREAPPLICATION MEETING FOR
BRENNAN DOCK CONSTRUCTION
3411 LAKE WASHINGTON BLVD N
CITY OF RENTON
Department of Community and Economic Development
Current Planning Division
PRE09-032
July 09, 2009
Contact Information:
Planner: Gerald Wasser Phone: 425.430.7382
Public Works Reviewer Jan Illian Phone: 425.430.7216
Fire Prevention Reviewer: Dave Pargas Phone: 425.430.7023
Building Department Reviewer: Craig Burnell Phone: 425.430.7290
Please retain this packet throughout the course of your project as a reference.
Consider giving copies of it to any engineers, architects, and contractors who
work on the project. You will need to submit a copy of this packet when you apply
for land use and/or environmental permits.
Pre-screening: When you have the project application ready for submittal, call and
schedule an appointment with the project manager to have it pre-screened before
making all of the required copies.
The pre -application meeting is informal and non-binding. The comments provided
on the proposal are based on the codes and policies in effect at the time of
review. The applicant is cautioned that the development regulations are regularly
amended and the proposal will be formally reviewed under the regulations in
effect at the time of project submittal. The information contained in this summary
is subject to modification and/or concurrence by official decision -makers (e.g.,
Hearing Examiner, Planning Director, Development Services Director, Department
of Community and Economic Development Administrator, Public Works
Administrator and City Council).
4
Pre -application File No. 09 032
Page 3 of 4
July 9. 2009
(d) That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
(e) That the public interest suffers no substantial detrimental effect.
(2) In the granting of all conditional use permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area_ For example, if
conditional use permits were granted for other developments in the area where similar
circumstances exist, the total of the conditional uses shall also remain consistent with
the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the
shoreline environment.
(3) Other uses which are not classified or set forth in the applicable master program
may be authorized as conditional uses provided the applicant can demonstrate
consistency with the requirements of this section and the requirements for conditional
uses contained in the master program.
(4) Uses which are specifically prohibited by the master program may not be
authorized pursuant to either subsection (1) or (2) of this section.
Critical Areas: The project is located along Lake Washington, a Shoreline of the State.
Environmental Review: The proposed project would be located on lands covered by water
and is, therefore, subject to Environmental (SEPA) Review.
Permit Requirements: Because the Renton Municipal Code does not outright permit
boatlifts the applicant must make formal submittal for a Hearing Examiner Conditional
Use Permit, a Shoreline Substantial Development Permit and Environmental Review for
the boatlift. A Shoreline Substantial Development Permit and Environmental Review
would be required for the construction of the proposed new dock. The proposed new
dock and boatlift may be combined in one Land Use Master Application. Should the
project be approved by the Hearing Examiner, subsequent approvals are necessary by
the Washington State Department of Ecology. The Examiner would issue the Shoreline
Substantial Development Permit and Conditional Use Permit and forward them to the
Washington State Department of Ecology and the Attorney General for approval.
A submittal checklist, listing the items that must be included in the submittal packet to
the City, is included in the pre -application meeting packet of information. The
combined environmental (SEPA) review, shoreline conditional use permit and shoreline
substantial development permit review by the Hearing Examiner has an estimated time
frame of 12 weeks for preliminary approval.
Note: The in -lake sewer line must be located prior to construction.
h:\ced\pianning\current planning\preapps\09-032.jerry\pre09-032, Brennan dock, r-8.doc
Pre -application File No. 09-032
Page 2 of 4
July 9, 2009
Length —The dock may extend to a maximum of 80 feet beyond the ordinary
high water line into the water or until a depth of 12 feet below the mean low
water mark, whichever is reached first. However, in no case shall a dock of less
than 50 feet in length be required. The proposed dock appears to conform to
this criterion. The applicant has indicated that the proposed dock would be 80
feet in length from the ordinary high water mark.
• Width —The maximum width of a dock shall be 8 feet. The proposed dock
appears to conform to this criterion. The applicant has indicated that the
proposed dock would be 8 feet in width at its widest point.
• Location — No portion of a pier or dock for the sole purpose of a private single
family residence may lie closer than 5 feet to an adjacent property line. The
proposed dock appears to conform to this criterion. The applicant has
indicated that both the proposed boatlift and the proposed dock are more than
5 feet from the side property lines.
• Extension — One extension of a dock parallel to the shoreline or one float may be
allowed provided such extension is not located closer than 5 feet from a side lot
line or exceed 100 square feet in size. This criterion does not apply to the
proposed project.
Boatlifts are not specifically permitted and, therefore, are subject to a Shoreline
Conditional Use Permit. The review criteria are specified in State law (RCW 173-27-
1(0):
The purpose of a conditional use permit is to provide a system within the master
program which allows flexibility in the application of use regulations in a manner
consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special
conditions may be attached to the permit by local government or the department to
prevent undesirable effects of the proposed use and/or to assure consistency of the
project with the act and the local master program.
(1) Uses which are classified or set forth in the applicable master program as
conditional uses may be authorized provided that the applicant demonstrates all of the
following:
(a) That the proposed use is consistent with the policies of RCW 90.58.020 and the
master program;
(b) That the proposed use will not interfere with the normal public use of public
shorelines;
(c) That the proposed use of the site and design of the project is compatible with
other authorized uses within the area and with uses planned for the area under the
comprehensive plan and shoreline master program;
h:\ced\p1anning\current planning\preapps109-032.jerry\pre09-032, brennan dock, r-$.doc
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Pre -application File No 09-032
Page 3 of a
July 9, 2009
Fees: The following fees would be required upon submittal of application materials:
Hearing Examiner Conditional Use Permit $2,000.00
Shoreline Substantial Development Permit $250.00 if the project value is under
$100,000.00 (or $500.00 if the
project value is greater than
$100,000.00)
Environmental Review $500.00
TOTAL $2,750.00 for $3,000,00)
cc: Jennifer Henning
h:\ced\planning\current planning\preapps\09-032.jerry\pre09-032, brennan dock, r-8.doc
PLANNING DIVISION
WAIA OF SUBMITTAL REQUIREMENTS
FOR LAND USE APPLICATIONS
LAND USE PERMIT SUBMITTAL
REQUIREMENTS:
WAIVED
By;
MODIFIED
BY: COMMENTS:
Calculations
Colored Maps for Display,
Construction Mitigation Description 2 AND 4
Deed of Right -of -Way Dedication
Density Worksheet,
Drainage Control Plan z
Drainage Report z
E
ievatlons, ArchltecturahAND 4
Environmental Checklist 4
Existing Covenants (Recorded Copy).
Existing Easements (Recorded Copy) 4
Flood Hazard Data4
Floor Plans 3 AND 4
Geotechnical Report2AND3
Grading Plan, Conceptual
Grading Plan, Detailed2
Habitat Data Report 4 "! E
Improvement Deferral 2
Irrigation Pian 4
King County Assessor's Map Indicating Site 4
Landscape Plan, Conceptual4
Landscape Plan, Detailed 4
Legal Description 4
List of Surrounding PropertyOwners4
Mailing Labels for Property Owners 4
Map of Existing Site Conditions4
Master Application Form 4
Monument Cards (one per monument)
!Neighborhood Detail Map 4
This requirement may be waived by:
1. Property Services Section PROJECT NAME: -City
f
2. Public Works Plan Review Section plaanln ���? Q
3 Building Section DATE: _ 'vision
4. Planning Section
°r7-1:1Fnrms�Pl:jnr,ing,wziverolsubmilia lregs.xis J
PLANNING DIVISION
WAIVE QF SUBMITTAL REQUIRENTS
FOR LAND USE APPLICATIONS
This requirement may be waived by:
1. Property Services Section
2. Public Works Plan Review Section
3. Building Section
4. Planning Section
PROJECT NAME:
DATE: 7J
H:%Forms�Planning%waiverofsubmittalregs.xls 02M
LAND USE PERMIT SUBMITTAL WAIVED MODIFIED
COMMENTS:
REQUIREMENTS: BY;, BY:
Parking, Lot Coverage & Landscaping Analysis 4
Plan Reductions (PMTS) 4
Plat Name Reservation 4
Postage,
Preapplication Meeting Summary 4
Public Works Approval Letter 2
Rehabilitation Plan 4
Screening Detail 4
Site Plan 2 AND 4
Stream or Lake Study, Standard 4
Stream or Lake Study, Supplemental,
Stream or Lake Mitigation Plan,
Street Profiles 2
Title Report or Plat Certificate G
Topography Map 3
Traffic Study,?
Tree Cutting/Land Clearing Plan 4
779
Urban Center: Design Overlay District Report,
Utilities Plan, Generalized z
Wetlands Mitigation Plan, Final 4 '
Wetlands Mitigation Plan, Preliminary,
Wetlands Report/Delineation 4
Wireless:
Applicant Agreement Statement 2 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 z AND 3
Photosimulations 2AND3
This requirement may be waived by:
1. Property Services Section
2. Public Works Plan Review Section
3. Building Section
4. Planning Section
PROJECT NAME:
DATE: 7J
H:%Forms�Planning%waiverofsubmittalregs.xls 02M
Brennan Dock Construction Project Narrative:
The proposed Brennan New Residential Dock located at 3411 fake Washington Blvd N.
Renton, WA, would have a dock that is 55 feet long, 4 feet wide, flaring to S feet wide
the last 22 feet for a 308 sq -ft dock footprint. This is accessed from and a 4 foot wide &
27 foot long, 108 sq -ft ramp. The dock would be supported by 8 steel piles of 8 inch
diameter connected by Glu -Lam beams and Steel cross beams. The Boatlift, will be free
standing with a 10' X 10' footprint on 4 each of 12" X 12" pads. It will be self
contained, solar powered battery charger, and utilizing non-toxic, water-soluble hydraulic
fluid.
This project requires a Shoreline Substantial Development Permit and an Environmental
Review. In addition, the Boatlift is not covered in the Renton Municipal Code, it requires
approval of a Shoreline Conditional Use Permit. These are combined in a Land Use
Master Application.
The upland site currently has a Single Family Residence and is zoned R-8. It is located
between Lake Washington and Burlington Northern Railroad, adjoining Kennydale
Beach Park to the north and a house, 3405 Lake Washington Blvd N to the south.
It is estimated the project costs would be $35,000, there would be no job shacks or
temporary structures during construction. The construction work would be over Lake
Washington during the Washington Department of Fish and Wildlife directed
construction window of July 16 to Dec 31. No off site improvements are planned. No
trees will be removed, new planting will be done per enclosed planting plan. Existing
Shoreline is 6 foot rock bulkhead to sand/gravel/rock shore.
;ity ei Rentor'
pan-Tina Division
f - ICr"'OVI -3
0
Attn: Gerald Wasser
Development Services Division
1055 South Grady Way
Renton WA 98055
Subject: Conditional Use Permit Justification
Dear Mr. Wasser:
September 1, 2009
S
A. The proposed boatlift is compatible with Section 7.12 Piers and Docks of the Renton Shoreline Master
Program. Piers and docks are allowed for single-family residential use to provide reasonable and safe
moorage. Boatlifts are accessory structures to piers and docks for mooring a boat in a safe and secure
manner. Most properties in the area have existing boatlifts. The use will not interfere with the public use
of public shorelines, as there are none in the immediate vicinity. The design of the site is compatible with
the existing adjacent dock and boatlifts in the neighborhood.
B. Approximately 90% of all damage to watercraft occurs when they are tied to a pier or dock, When a
boatlift is use to secure a watercraft up out of the water next to a pier or dock, this damage is greatly
reduced or eliminated.
1. The addition of a boatlift to the proposed pier will not increase the use of watercraft, or lead to
an overconcentration of boat and boatlift use within the city or immediate area.
2. The proposed location is suited for the boatlift, as the site is compatible with adjoining sites,
which have and have had boatlifts in operation for many years.
C. The proposed use will not have adverse effects on adjacent properties, as the majority of the structure
of the boatlift remains under water.
• The proposed boatlift is compatible with the residential scale and character of the neighborhood
as most of the adjacent properties have boatlifts.
• No additional parking is required.
• No impacts to traffic will occur.
• No potential impacts to noise or glare will occur, as the majority
of the structure of the boatlift remains under water.
• No landscaping is proposed for his project.
• There are no accessory uses to this project.
• No existing buildings or structures will be converted.
• The proposed boatlift and location does not impose any burden to public improvements,
facilities, utilities, and services.
• The lot coverage will not exceed 50%.
• The yard will not be impacted.
• The height of the boatlift conforms to all height requirements.
If you have any questions regarding my permit, please do not hesitate to call. My number is (425) 277-
4644.
tJeBTennan5?
jerry_brennanC&,yahoo.com
3405 Lake Washington Blvd N
Renton WA 98056
Cell Number (425) 277-4644
0
Attn: Gerald Wasser
Development Services Division
1055 South Grady Way
Renton WA 98055
Subject: Construction Mitigation Description
Dear Mr. Wasser:
0 September 1, 2009
AW -
The proposed pier construction and installation date for the boatlift is as soon as possible after
the work window opens and permits are approved. The work window is between July 16 and
December 31 . The pier construction installation will occur between the hours of 8:00 a.m. and
4:00 p.m. Monday through Friday, and will take approximately 3 to 5 days of pile driving with
10 to 15 days to complete.
There is no proposed hauling or transportation routes, as the materials for the pier and
premanufactured and packaged boatlift will be delivered via a barge on Lake Washington.
There are no proposed measures to minimize, dust, traffic and transportation impacts, erosion,
mud, or noise. All work is to be performed between the hours of 8:00 a.m. to 4:00 p.m. Monday
through Friday, no traffic control plan is necessary.
If you have any questions regarding my permit, please do not hesitate to call. My number is
(425) 277-4644.
Jerry Brennan
jeiTy--brennan@yahoo.com
3405 Lake Washington Blvd N
Renton WA 98056
Cell Number (425) 277-4644
S C I E N C E & 1) E 5 1 G N
WAT E RS H E Q G3'�
_Illi
5)l.
6 October 2009
Jerry and Mary Brennan
3405 Lake Washington Blvd N.
Renton, WA 98056
t='
Re: City of Renton Lake Study - For the Proposed Pier and Boatlift at
3411 Lake Washington Blvd. N.
The Watershed Company Reference Number: 090614
Dear Mr. & Mrs. Brennan:
The purpose of this letter is to document biological impacts associated with the
proposed pier and boatlift project pursuant to the City of Renton Code requirement
outlined in RMC 4-8-120.D.19 for the proposed pier and in -water boat lift located at your
residence, 3411 Lake Washington Blvd. N, Renton WA 98056. Michael Mazur, Ph.D.
Fish Biologist for The Watershed Company conducted a site visit and snorkel survey on
28 September 2009. The following evaluation of the potential biological impact to the
Lake Washington shoreline and buffer resulting from your proposed project is based
upon observations from the site visit and from materials supplied by you.
Existing Conditions
Lake classification
The proposed project site is currently classified under the Renton City Shoreline Master
Program as an urban lake shoreline (SMP Map; RMC 4-3-090).
Vegetative cover
The vegetative cover located at the site includes several big leaf maple (Acer
macrophyllum) and black cottonwood (Populus balsamifera ssp, trichocarpa) with an
occasional snowberry (Symphoricarpos albus; Figure 1). A narrow row of Leyland cypress
(Callitropsis leylandii) is located near the northern property line separating the project site
from Kennydale Beach Park. Located to the south is a residential property and to the
east a Burlington Northern / Santa Fe owned rail line. The park shoreline area contains
no vegetative cover other than grass. The vegetation located on the property
immediately to the south also consists primarily of grass with a narrow band of
kinnikinnick (Arctostaphylos uva-ursi) bordering the rock bulkhead (Figure 2). The
existing shoreline of the project site contains a 6 foot high rock bulkhead extending
down to the waterline. The shoreline substrate adjacent to the bulkhead primarily
consists of sand intermixed with occasional pieces of gravel and rock which extends
750 Sixth Street South Kirkland, WA 98033
p 425.822.5242 1'425.827.8136 watershedco.com
0
0
City of Renton Lake Study
Jerry and Mary Brennan
b October 2009
Page 2
offshore for a distance of approximately 20-25 feet at which point a mat of Eurasian
milfoil begins. Substrate in the project area is unsuitable for salmon spawning and no
redds nor adult salmon were observed in the vicinity of the project site. No wetland or
flood hazard areas are known to be present at the site.
Figure 1. View of proposed project site from the water showing the rock bulkhead and
vegetated shoreline.
•
City of Renton Lake Study
Jerry and Mary Brennan
6 October 2009
Page 3
Figure 2. Residential lot south of the proposed project site showing lawn and kinnikinnick
bordering the shoreline.
Ecological functions
The current ecological functions associated with the hydrologic, vegetation, hyporheic
and wildlife habitat of the proposed project area is limited and typical of other urban
classified Lake Washington shorelines located in the vicinity. The hydrologic function of
the site is primarily impacted by the large rock bulkhead which limits the amount of
natural stormwater and sediment exchange, limits wave energy attenuation, and does
not provide a suitable land/water interface for large woody debris recruitment and
retention. Vegetation at the project site is limited, but is located in close proximity to the
shoreline and likely results in a moderate amount of natural function. The big leaf
maples and black cottonwood trees overhanging the rock bulkhead improve
temperature control, water quality, and increase bank stability. The hyporheic function
of the project site is poor with limited potential for water and sediment storage.
Similarly, the high bulkhead greatly reduces the potential for natural hyporheic support
of the shoreline vegetation. Wildlife habitat at the site is limited and spatially
constrained by the narrow lot and close proximity of the railroad and Lake Washington
Boulevard. The habitat function of the project site lacks physical space and provides
0
City of Renton Lake Study
Jerry and Mary Brennan
6 October 2004
Page 4
poor food production for the majority of potential native species that could naturally be
located at the site. The conditions at the site are summarized below in Table 1.
Table 1. Checklist for Documenting Environmental Baseline and Effects of
Proposed Action(s) on Relevant Indicators — Draft modified by NOAA
Fisheries for lakes.
PATHWAYS
ENVIRONMENTAL BASELINE
EFFECTS OF THE ACTION(S)
Properly 1
Not Prop.
1 2 3
INDICATORS
Functionin At Risk
Functionin
Restore Maintain Degrade
Water Quality
Temperature/Dissolved
X
X
Oxygen
pH
X
X
Chem. Contamination
X
X
Nutrients/Total P
X
X
Habitat Access
Physical Barriers
X
X
Habitat Elements
Exotic Species (in
X
X
water
Shoreline Upwelling/
X
X
Downwellin
Structural Complexity
(LWDlemergentl
X
X
submer ent vegetation)
Substrate Composition
X
I
K
Shoreline Conditions
Shoreline Vegetation
K
X
and Riparian Structure
Shoreline Gradient
X
X
1 For the purposes of this checklist, "restore" means to change the function of an "at risk" indicator to
"properly functioning," or to change the function of a "not properly functioning" indicator to "at risk" or
"properly functioning" (i.e., it does not apply to "properly functioning" indicators).
2 For the purposes of this checklist, "maintain" means that the function of an indicator does not change (i.e.,
it applies to all indicators regardless of functional level).
3 For the purposes of this checklist, "degrade" means to change the function of an indicator for the worse
(i.e., it applies to all indicators regardless of functional level). In some cases, a "not properly functioning"
indicator may be further worsened, and this should be noted.
Species present
Wildlife species observed at the proposed project site during the site visit include, a sea
gull, a hen mallard duck, and two juvenile black bass. Additional species that were
reported by the applicant to have been observed at or near the site in the past include;
mink, adult sockeye and Chinook salmon, and merganser ducks.
City of Renton Lake Study
Jerry and Mary Brennan
6 October 2009
Page 5
Species of Concern
The proposed project area is located along the shoreline of Lake Washington, which is
within the geographic range of three federally listed species of salmonids: 1) chinook
salmon of the Puget Sound Evolutionary Significant Unit (ESU) (Reaffirmed as
Threatened, U.S. Federal Register, 28 June 2005), 2) bull trout of the Coastal -Puget Sound
Distinct Population Segment (DPS) (Threatened, U.S. Federal Register, 1 November
1999), and steelhead of the Puget Sound DPS (U.S. Federal Register, 29 March 2006).
Coho salmon of the Puget Sound -Strait of Georgia ESU are also present in the watershed
and are currently considered a Species of Concern (U.S. Federal Register, 15 April 2004),
indicating that they are under less active consideration for formal listing. An ESU of
Pacific salmon is considered to be a DPS and thus a "species" under the Endangered
Species Act. All of these species may be present in the action area during a portion of
their life cycle.
In regards to the proposed project, juvenile chinook are most likely to be present in the
area from January through June. Adult chinook may be in the area from June to
November, but would not be expected in the extreme nearshore area where construction
would occur. The primary chinook salmon stream in the Lake Washington Basin is the
Cedar River, and it is located approximately two miles south of the project site.
Similarly, chinook salmon spawn in Kelsey Creek and are occasionally observed in May
Creek and Coal Creek. Kelsey Creek drains into Mercer Slough which is located roughly
three and a half miles north of the proposed in -water structure. May Creek is located
less than a mile north and Coal Creek roughly two and a half miles north of the project
site. However, chinook salmon are rarely observed in May Creek or Coal Creek, and the
chinook observed in these streams are likely straying from the Cedar River population.
Other streams flowing into Lake Washington near the proposed work area detailed
above have no known record of chinook spawning and are generally not considered to
contain suitable habitat or are too small to support spawning chinook.
Juvenile coho are most likely to be migrating through the project area from mid-March
through June. Adult coho may be in the project area from August to December, but are
not expected to use the nearshore area where construction activities would occur. The
nearest known coho spawning streams are Kelsey Creek and the Cedar River. As
previously mentioned, the Cedar River is approximately two miles to the south and
Kelsey Creek is about three and a half miles to the northeast of the project site. Other
known coho spawning streams are May Creek and Coal Creek, both of which flow into
the eastern side of Lake Washington. Coho salmon are rarely observed in May Creek
and likely stray from other systems like the Cedar River.
Little is known about bull trout distribution and habitat use within Lake Washington,
and any current projections are generally based on extrapolation of similar information
0 9
City of Renton Lake Study
Jerry and Mary Brennan
6 October 2009
Page 6
from other bull trout populations. Bull trout would not be expected within the littoral
zone when nearshore temperatures exceed 15°C (generally, from May through mid-
October). Juvenile bull trout would remain in headwater streams until the onset of
piscivory, at a body length of approximately 300 mm, at which point they would
migrate as subadults in search of improved foraging opportunities. Subadult bull trout
often migrate with adults to headwater streams during the summer and fall, and return
to larger rivers to overwinter. Bull trout may be attracted to spawning aggregations of
prey fish such as longfin smelt. Many native char in populations from north Puget
Sound exhibit anadromy, migrating to marine waters in late winter (Goetz et al. 2004).
In conclusion, the presence of juvenile bull trout in Lake Washington is very limited to
unlikely and subadult and adult bull trout in the lake would not be subjected to similar
predation pressure as juveniles. Adult and subadult bull trout would avoid the littoral
zone during the summer due to excessive water temperatures and are not expected to
use the nearshore areas where construction activities are planned.
The project area is also located within critical habitat that has been formally designated
for Puget Sound chinook salmon and Coastal -Puget Sound bull trout. Critical habitat for
chinook salmon includes the Lake Washington Subbasin (Watershed Code 17110012-03)
of the Puget Sound ESU (U.S. Federal Register, 2 September 2005), and critical habitat for
bull trout of the Coastal -Puget Sound DPS includes Lake Washington, which is in
Critical Habitat Unit 28 — Puget Sound (U.S. Federal Register, 26 September 2005).
Sockeye Salmon (Oncorhynchus nerka) are also present in the proposed project area and
Lake Washington is designated as essential fish habitat (EFH) for Pacific salmon. Pacific
salmon EFH is protected and managed as per the federal Fisheries Management Plan
(FMP). EFH for the Pacific coast salmon fishery identifies those waters and substrate
necessary for salmon production needed to support a long-term sustainable salmon
fishery and salmon contributions to a healthy ecosystem. To achieve that level of
production, EFH includes all those streams, lakes, ponds, wetlands, and other currently
viable water bodies and most of the habitat historically accessible to salmon in
Washington, Oregon, Idaho and California. Juvenile sockeye are most likely to be
migrating through the action area from January through May as fry. Larger juvenile
sockeye are pelagic and generally are found in deeper offshore habitats in the lake.
Adult sockeye and kokanee may be in the project area from July to December, but are
not expected to use the nearshore area where construction activities would occur. The
nearest known sockeye and kokanee spawning streams are Kelsey Creek and the Cedar
River. Sockeye have been observed shore spawning in Lake Washington. However, the
substrates and milfoil present at the project site make it highly unlikely that sockeye
salmon utilize the area for spawning.
i
Project Description
•
City of Renton Lake Study
Jerry and Mary Brennan
6 October 2009
Page 7
The proposed new residential pier will be 55 feet long, 4 feet wide, flaring to 8 feet wide
the last 22 feet for a 308 sq -ft dock footprint. The fixed pier is accessed from and a 4 foot
wide & 27 foot long, 108 sq -ft ramp. The pier will be supported by 8 steel piles of 8 inch
diameter connected by Glu -Lam beams and Steel cross beams. The bottom of the pier
will be a minimum of 1.5 feet above the summer water depth maintained for Lake
Washington and the pier will have no skirting. Caps and stringers will be constructed of
treated wood (ammoniacal copper zinc arsenate; ACZA). The pier decking will be
grated. The initial pair of piles will be located approximately 27 feet lakeward of the
shoreline. The boatlift will be free standing with a 10'X 10' footprint on 4 each of 12" X
12" pads. It will be self contained, solar powered battery charger, and utilizing non-
toxic, water-soluble hydraulic fluid.
The upland site has a Single Family Residence and is zoned R-8. It is located between
Lake Washington and the Burlington Northern J Santa Fe Railroad, adjoining Kennydale
Beach Park to the north and a house, 3405 Lake Washington Boulevard N to the south.
There will be no job shacks or temporary structures on site during construction.
Construction would begin as soon as permits and scheduling will allow, but no in -water
work will occur from 31 December through 15 July, per the combined fish -protection
policies of NOAA Fisheries, USFWS, and WDFW in Lake Washington for the area below
the I-90 Bridge and greater than a mile from Mercer Slough or the Cedar River.
The combined fish and wildlife timing and equipment restrictions are depicted
graphically below. The applicant will comply with any amendments made to the below
timing restrictions following USACE, NOAA Fisheries, and USFWS review.
As part of the project a shoreline planting plan has been developed for the site. No
native trees will be removed as part of the proposed project and measures will be
undertaken to protect existing native trees and vegetation during construction. Non-
native vegetation will be removed and native riparian vegetation will be installed along
much of the shoreline. A variety of native plants will be used including red twig
dogwood, ocean spray, red flowering currant, evergreen huckleberry, wild ginger,
menzie's larkspur, Large -leaved lupine, and wood fern.
As part of the pier construction, 25 yards of salmon spawning gravel will be placed
along the shoreline. The spawning gravel will enhance the opportunity for shore
Jan Feb Mar Apr Ma Jun Jul I AugSe Oct Nov Dec
Federal &
State fish
No In -water work..
protection
As part of the project a shoreline planting plan has been developed for the site. No
native trees will be removed as part of the proposed project and measures will be
undertaken to protect existing native trees and vegetation during construction. Non-
native vegetation will be removed and native riparian vegetation will be installed along
much of the shoreline. A variety of native plants will be used including red twig
dogwood, ocean spray, red flowering currant, evergreen huckleberry, wild ginger,
menzie's larkspur, Large -leaved lupine, and wood fern.
As part of the pier construction, 25 yards of salmon spawning gravel will be placed
along the shoreline. The spawning gravel will enhance the opportunity for shore
9 0
City of Renton Lake Study
Jerry and Mary Brennan
G October 2009
Page S
spawning sockeye and kokanee salmon to utilize the area and improve the conditions
from those currently found at the site.
Impact Analysis
The effects of installing and utilizing the proposed pier and boat lift on the overall
conditions of Lake Washington and the shoreline area are indicated in Table 1 above.
Installation and use of the pier and boat lift could have similar affects on bull trout,
chinook salmon, steelhead, coho and sockeye salmon using Lake Washington. An
exception would be indirect effects resulting from potential impacts to prey species
within the project area. Unless otherwise noted, there is no distinction between these
species within the following discussion.
Direct Effects on Salmonids
1. Water Quality (substrate disturbance and discharge of waste products): Pile
driving, propwash from direct overwater use or grounding of construction vessel(s),
and/or turbid runoff from upland disturbance during planting plan implementation
could produce temporary, localized sediment plumes that would dissipate following
cessation of activity. The proposed project would not create and/or cause hazardous or
toxic wastes or any other type of waste products to be released into the water. The
proposed project would not affect water quantity or water temperature within Lake
Washington.
To minimize construction impacts associated with increased turbidity during
construction, the following timing restrictions and conditions are proposed:
• No in -water construction activity would occur at a minimum between December
31 and July 15 for protection of fish.
• The contractor shall stockpile any construction debris in designated upland areas
above the OHWM or on the construction barge pending off-site disposal.
• The barge or workboat would not be allowed to ground.
+ All construction debris shall be properly disposed of on land in such a manner
that it cannot enter in to the waterway or cause water quality degradation
(Section 13, river and Harbors Act).
• Erosion and sediment control measures would be implemented as appropriate
during and following installation of the proposed plantings, including measures
for both the short-term and permanent stabilization of exposed soils.
J
City of Renton Lake Study
Jerry and Mary Brennan
6 October 2009
Page 9
Studies investigating the effects of turbidity on juvenile salmonids in a lacustrine
environment suggest that turbidity can have beneficial effects on the feeding and
survival of salmonids (Gregory 1994, Mazur and Beauchamp 2003, Mazur and
Beauchamp 2006) as well as other species of juvenile fishes (Kitano et al. 2007). Juvenile
Chinook salmon of the body size that could be present at the site during construction
were found to have their peak foraging rates when turbidities were between 70-150
NTUs (Gregory 1994), conditions generally considered to be moderate to highly turbid
water. Similarly, piscivorous cutthroat trout, the primary predator on juvenile salmon
in Lake Washington, have reduced foraging rates under turbid conditions greater than 7
NTUs (Mazur and Beauchamp 2003). Despite the ecological advantages, turbidity is
generally considered an undesirable condition for salmonids, as exposure to potentially
contaminated sediment suspended in the water column is thought to result in lethal and
sub -lethal effects. However, localized episodic turbidity events from an individual
construction activity would not represent a permanent sediment source and would not
produce conditions of chronic exposure. Considering that the turbidity produced by
construction activity would be localized and temporary, the most probable impact on
juvenile chinook or coho would be a slight beneficial result of increase foraging success
and a slight increase in survival due to decreased predation pressure.
The most effective strategy for minimizing or eliminating potential construction -related
impacts would be to restrict construction to periods when the presence of bull trout,
chinook salmon, coho salmon, sockeye salmon or steelhead is improbable. The
combined fish -protection prohibitions on in -water construction by NOAA Fisheries,
USFWS and WDFW result in an allowable in -water construction window of 16 July to 31
December. This window is adequate to minimize the probability that bull trout, chinook
salmon, coho salmon, or steelhead would be in the project area during construction.
This timing window is also designed to protect beach -spawning sockeye, which may be
present near the project area. Additionally, the precautionary conditions that have been
proposed would minimize the potential for the release of waste products or construction
debris to the lake. Thus, temporary water -quality impacts associated with the proposed
project are unlikely to result in the take of a listed or fish species of concern.
Noise: Depending on the equipment used, pile -driving activities can generate
considerable noise and vibration impacts. Recent investigations of the effects of pile
driving on fish have indicated that pile driving, especially impact pile driving, can be
harmful, or fatal for small fish (NOAA Fisheries 2003). Minimizing fish exposure to pile
driving activities by following scientifically based construction timing restrictions is an
accepted method for avoiding or minimizing adverse effects on listed species (NOAA
Fisheries 2003). In order to minimize the impacts of pile driving on bull trout, chinook
salmon, coho salmon, sockeye salmon, and steelhead, the above timing restriction (no in -
water construction at a minimum from 31 December through 15 July) would be
City of Renton Lake Study
Jerry and Mary Brennan
6 October 2009
Page 10
followed. This restriction is adequate to minimize the probability that bull trout,
chinook salmon, coho salmon, and steelhead would be in the project area during
construction. Similarly, the substrate and milfoil present at the site precludes sockeye
salmon from using the area as a shore spawning site limiting the potential for their
presence at the site. Thus, noise impacts would be insignificant and/or discountable.
Habitat Health (vegetated shallows): The workboat or barge used for construction could
disturb vegetated shallows during the implementation of the project, either through
physical abrasion or prolonged overhead shading. Pile driving may also affect any
vegetation in the immediate near -shore area. Vegetated shallows provide refuge and
foraging habitat for juvenile salmonids and forage fish. Boat activity in or adjacent to
vegetated shallows has been documented to damage and/or destroy habitat (Fonseca et
al. 1998). The typical depths at which the construction vessels would be operating are
sufficient to prevent grounding or disturbance of the substrate during high water.
However, in such circumstances that the substrate was disturbed, the action would be
temporary and minimal since the workboat would not be moving around.
Proposed enhancement of shoreline areas using native riparian vegetation will improve
site-specific fish and wildlife habitat functions over those that currently exist within the
project area. These native plantings are designed to eventually enhance fish habitat by
providing overwater shade, cover, and allochthonous input of detritus and insects.
Thus, short-term impacts to vegetated near -shore habitat would be insignificant and/or
discountable, while long-term impacts may be beneficial.
Direct Mortality: The potential to kill bull trout, chinook salmon, coho salmon, sockeye
salmon, or steelhead exists as long as they are present in the project area during
construction. In order to minimize the impacts of construction activity on these
salmonids, the above timing restriction (no in -water construction at a minimum from 31
December through 15 July) would be followed. This restriction is adequate to minimize
the probability that juvenile salmonids would be in the action area during construction.
Indirect Effects on Salmonids
Effects resulting from the proposed activity that occur later in time could include
changes in habitat quality and availability, and foraging conditions for juvenile
salmonids and forage fish of salmonids at the shoreline.
1. Water Oua!4. The proposed dock includes the capability to accommodate boat
moorage at the site. Fueling would not occur at the site. However, spillage of
petroleum products would be a new potential in the area.
The proposed installation would not result in significant increases of either water
column or sediment concentrations of heavy metals, nor would any adverse
City of Renton Lake Study
Jerry and Mary Brennan
6 October 2009
Page 11
environmental responses occur as a result of heavy metal leaching from the proposed
installation. The proposed decking is Thru-flow plastic grating and the piles and dock
frame are constructed of steel.
Thus, potential indirect water -quality impacts at the project site are considered
discountable and insignificant.
2. Habitat (changes in refuge, foraging, and migration conditions for juvenile
Chinook in the action area resulting from the proposed dock project): The proposed
floating dock construction project may change refuge, foraging, and migration
conditions for juvenile salmonids through a variety of mechanisms. Shade from the
structure can impair adequate vegetation growth that could potentially reduce the food
supply of juvenile salmon. Overhead structure could provide habitat for non-native
piscivorous fishes that prey on juvenile salmon and potentially create a migration
obstacle for salmon. However, the proposed project would be constructed entirely of
Thru-Flow grating, improving light penetration for plant production and limiting the
potential utility of the dock as a habitat for predators. Similarly, the narrow grated and
elevated access ramp would likely minimize impacts to salmon movement. The
reduction of milfoil in the near -shore area could improve water quality conditions for
juvenile salmonids and other small fish in the action area by reducing the potential of an
anoxic induced fish kill event.
Native riparian vegetation would be installed along portions of the shoreline area. The
shoreline planting plan is designed such that detritus and invertebrates from the
vegetation could enter the water, potentially contributing to the aquatic ecosystem. The
implementation of this shoreline vegetation plan is likely to improve foraging conditions
for salmonids and their prey species in the project area over the existing condition.
Installation of spawning gravel in the nearshore area will provide the opportunity for
shore spawning sockeye salmon and kokanee to utilize the project area and improves
the areas potential for producing salmon over the existing conditions.
Habitat (vegetated shallows): Coverage by the Thru-flow decked pier would decrease
light transmission to vegetated shallows, which are components of habitat quality for
juvenile fish. As discussed above, aquatic vegetation was primarily composed of
invasive milfoil. The proposed pier would cover previously open water areas, but
would allow light availability to the benthic community below the structure via the
installation of Thru-flow grated panels.
Whether the decrease in light availability and potential decrease in milfoil density or
abundance in the action area would have any significance for juvenile salmonids has not
been clearly established. Considering that the production of juvenile salmonids in Lake
City of Renton Lake Study
Jerry and Mary Brennan
6 October 2009
Page 12
Washington is not presently limited by food supply (Koehler and Beauchamp 2004), it is
unlikely that decreases in vegetation density or abundance in the area would
significantly affect food availability for juvenile salmonids.
Other Effects
For all other pathways and indicators not specifically mentioned above, the activity
would not alter the present environmental baseline.
Avoidance
The narrow grated ramp, elevated fixed pile pier with grated decking, absence of deck
skirting, and positioning of the dock as far offshore as practical provides the best
alternative for pier construction at this site and produces a negligible amount of impact
to the lake biota and shoreline buffer.
Mitigation and Habitat Enhancements
• Buffer areas will be planted with native vegetation leading to improved shoreline
conditions from those currently found at the site.
+ 25 yards of salmon spawning gravel will be placed along the shoreline enhancing
the opportunity for shore spawning sockeye salmon to utilize the area and
improving the conditions from those currently found at the site.
References:
Fonseca, M.S., W.J. Kenworthy, and G.W. Thayer, 1998. Guidelines for the conservation
and restoration of seagrasses in the United States and adjacent waters. NOAA
Coastal Ocean Program Decision Analysis Series No. 12. NOAA Coastal Ocean
Office, Silver Springs, MD. 222 pp.
Goetz, Fred. Fishery Biologist, U.S. Army Corps of Engineers, Seattle District. Personal
communication, e-mail to Dan Nickel (The Watershed Company), 14 May 2004.
Gregory, R. S. 1994. The influence of ontogeny, perceived risk of predation, and visual
ability on the foraging behavior of juvenile Chinook salmon. In Theory and
application in fish feeding ecology. Edited by D.J. Stouder, K.L. Fresh, and R.J.
Feller. The Belle W. Baruch Library in Marine Science Number 18. pp. 271-285.
Kitano, J., D.I. Bolnick, D.A. Beauchamp, M.M. Mazur, S. Mori, T. Nakano, and C.L.
Peichel. 2008. Reverse evolution of armor plates in threespine stickleback.
Current Biology. 18:1-6.
City of Renton Lake Study
Jerry and Mary Brennan
6 October 2009
Page 13
Koehler, M., and D. Beauchamp. 2004. Early Feeding and Energetics of Lake -Rearing
Chinook Salmon in Lake Washington. 2004 Greater Lake Washington Chinook
Workshop, City of Seattle, Washington. 2 February 2004.
Mazur, M.M., and D.A. Beauchamp. 2003. A comparison of visual prey detection
among species of piscivorous salmonids: effects of light and low turbidities.
Environmental Biology of Fishes. 67: 397-405.
Mazur, M.M. and D.A. Beauchamp. 2006. Linking piscivory to spatial -temporal
distributions of pelagic prey fish with a visual foraging model. Journal of Fish
Biology 69 (1):151-175.
National Marine Fisheries Service (NOAA Fisheries). 2003. Endangered Species Act -
Section 7 Consultation, Biological Opinion and Magnuson -Stevens Fishery
Conservation and Management Act Essential Fish Habitat Consultation for the
Captain, new pier and bulkhead in Lake Washington, Mercer Island,
Washington. NMFS Tracking No.: 2002/01000, National Marine Fisheries Service,
Northwest Region, Washington Habitat Branch. 3 October 2003.24 pp.
U.S. Federal Register Volume 70, No. 123, 28 June 2005, Final rule. Endangered and
Threatened Species: Final listing determinations for 16 ESUS of West coast
salmon, and final 4(d) protective regulations for threatened salmonid ESUS -
Oncorhynchus tshawytscha.
Volume 70, No. 170, 2 September 2005, Final rule. Endangered and Threatened
Species; Designation of critical habitat for 12 evolutionarily significant units of
west coast salmon and steelhead in Washington, Oregon, and Idaho -
Oncorhynchus tshawytscha.
Volume 72, No. 91,11 May 2007, Final rule. Endangered and Threatened Species:
Final Listing Determination for Puget Sound Steelhead.
Volume 71, No. 60, 29 March 2006, Proposed rule. Listing Endangered and
Threatened Species and Designating Critical Habitat; 12 -Month finding on
petition to list Puget Sound steelhead as an Endangered or Threatened species
under the Endangered Species Act.
Volume 70, No. 185, 26 September 2005, Final rule. Endangered and Threatened
Wildlife and Plants; Designation of critical habitat for the bull trout.
City of Renton Lake Study
Jerry and Mary Brennan
6 October 2009
Page 14
Volume 64, No. 210, 1 November 1999, Final rule. Endangered and Threatened
Wildlife and Plants; Determination of threatened status for bull trout (Salvelinus
cont uentus) in the coterminous United States.
Volume 69, No. 73,15 April 2004, Notice of establishment of species of concern
list. Endangered and Threatened Species; Establishment of species of concern
list, addition of species to species of concern list, description of factors for
identifying species of concern, and revision of candidate species list under the
Endangered Species Act. Puget Sound/Strait of Georgia coho salmon
(Oncorhynchus kisutch).
Please call if you have any questions or if we can provide you with any additional
information.
Sincerely,
- ;,:; i �-' 4 -;-, X�' �
Michael Mazur, Ph.D.
Fish Biologist
The Watershed Company
0 10
PLANNING DIVISION
ENVIRONMENTAL CHECKOSTtorl
City of Renton Planning Division
1055 South Grady Way -Renton, WA 98057
Phone: 425-430-7200 Fax: 425-430-7231
PURPOSE OF CHECKLIST:
The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies
to consider the environmental impacts of a proposal before making decisions. An Environmental Impact
Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the
quality of the environment. The purpose of this checklist is to provide information to help you and the
agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be
done) and to help the agency decide whether an EIS is required -
INSTRUCTIONS FOR APPLICANTS:
This environmental checklist asks you to describe some basic information about your proposal.
Governmental agencies use this checklist to determine whether the environmental impacts of your
proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most
precise information known, or give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In most cases,
you should be able to answer the questions from your own observations or project plans without the need
to hire experts. If you really do not know the answer, or if a question does not apply to your proposal,
write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary
delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark
designations. Answer these questions if you can. If you have problems, the governmental agencies can
assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of
time or on different parcels of land. Attach any additional information that will help describe your proposal
or its environmental effects. The agency to which you submit this checklist may ask you to explain your
answers or provide additional information reasonably related to determining if there may be significant
adverse impact.
USE OF CHECKLIST FOR NONPROJECT PROPOSALS:
Complete this checklist for nonproject proposals, even though questions may be answered "does not
apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D),
For nonproject actions (actions involving decisions on policies, plans and programs), the references in
the checklist to the words "project," "applicant," and "property or site" should be read as "proposal,"
"proposer," and "affected geographic area," respectively.
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A. BACKGROUND
1
PA
3
4
5
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Name of proposed project, if applicable:
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Name of applicant:
Address and phone number of applicant and contact person:
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Date checklist
prepared:
Agency requesting checklist:
Proposed timing or schedule (including phasing, if applicable):
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7. Do you have any plans for future additions, expansion, or further activity related to or connected
with this proposal? If yes, explain.
8. List any environmental information you know about that has been prepared, or will be prepared,
directly related to this proposal.
9. Do you know whether applications are pending for governmental approvals of other proposals
directly affecting the property covered by your proposal? If yes, explain. J
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10. List any governmental approvals or permits that will be needed for your proposal, if known.
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11. Give brief, complete description of your proposal, including the proposed uses and the size of the
project and site.
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12. Location of the proposal. Give sufficient information for a person to understand the precise
location of your proposed project, including a street address, if any, and section, township, and
range if known. If a proposal would occur over a range of area, provide the range or boundaries
of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if
reasonably available. While you should submit any plans required by the agency, you are not
required to duplicate maps or detailed plans submitted with any permit applications related to this
checklist.
B. ENVIRONMENTAL ELEMENTS
1. EARTH
a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous,
other
b. What is the steepest slope on the site (approximate percent slope?)
C. What general types of soils are found on the site (for example, clay, sand, gravel, peat,
muck)? If you know the classification of agricultural soils, specify them and note any
prime farmland.
d. Are there surface indications or history of unstable soils in the immediate vicinity? If so,
describe.
e. Describe the purpose, type, and approximate quantities of any filling or grading
proposed. Indicate source of fill,
f. Could erosion occur as a result of clearing, construction, or use? If so, generally
describe.
g. About what percent of the site will be covered with impervious surfaces after project
construction (for example, asphalt or buildings)?
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
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2. AIR
a. What types of emissions to the air would result from the proposal (i.e., dust, automobile,
odors, industrial wood smoke) during construction and when the project is completed? If
any, generally describe and give approximate quantities if known.
b. Are there any off-site sources of emission or odor that may affect your proposal? If so,
generally describe.
C. Proposed measures to reduce or control emissions or other impacts to air, if any:
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3. WATER
a. Surface Water:
1 } Is there any surface water body on or in the immediate vicinity of the site (including year-
round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type
and provide names. If appropriate, state what stream or river it flows into.
2) Will the project require any work over, in, or adjacent to (within 200 feet) the described
waters? If yes, please describe and attach available plans.
3) Estimate the amount of fill and dredge material that would be placed in or removed from
surface water or wetlands and indicate the area of the site that would be affected.
Indicate the source of fill material.
4) Will the proposal require surface water withdrawals or diversions? Give general y ��
description, purpose, and approximate quantities if known.
5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan.
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6) Does the proposal involve any discharges of waste materials to surface waters? If so,
describe the type of waste and anticipated volume of discharge.
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b. Ground Water:
1) Will ground water be withdrawn, or will water be discharged to ground water? Give
general description, purpose, and approximate quantities if known.
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2) Describe waste material that will be discharged into the ground from septic tanks or other
sources, if any (for example: Domestic sewage; industrial, containing the following
chemicals...; agricultural; etc.). Describe the general size of the system, the number of
such systems, the number of houses to be served (if applicable), or the number of
animals or humans the system(s) are expected to serve.
C. Water Runoff (including storm water):
1) Describe the source of runoff (including storm water) and method of collection and
disposal, if any (include quantities, if known). Where will this water flow? Will this water
flow into other waters, If so, describe.
X172
2) Could waste material enter ground or surface waters? If so, generally describe.
d, Proposed measures to reduce or control surface, ground, and runoff water impacts, if
any:
4. PLANTS
a. Cheo or circle types of vegetation found on the site:
deciduous tree: alder, maple, aspen, other
evergreen tree: fir, cedar, pine, other
shrubs
grass
pasture
crop or grain
wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
/water plants: water lily, eel grass, milfoil, other
—1 other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
C. List threatened or endangered species known to be on or near the site.
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance
vegetation on the site, if any:
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5. ANIMALS
a. Circle any birds and animals, which have been observed on or near the site or are known
to be on or near the site:
Birds: haw errtrout,
songbirds, other
Mammals: de beaver, other
Fish: bass salmherring, shellfish, other
b. List any threatened or endangered species known to be on or near the site.
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C. Is the site part of a migration route? If so, explain
d. Proposed measures to preserve or enhance wildlife, if any:
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6. ENERGY AND NATURAL RESOURCESicv
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet
the completed project's energy needs? Describe whether it will be used for heating,
manufacturing, etc. X'�
b. Would your project affect the potential use of solar energy by adjacent properties? If so,
generally describe.
C. What kinds of energy conservation features are included in the plans of this proposal?
List other proposed measures to reduce or control energy impacts, if any:
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7. ENVIRONMENTAL HEALTH
a. Are there any environmental health hazards, including exposure to toxic chemicals,
risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this
proposal? If so, describe.
1) Describe special emergency services that might be required.
2) Proposed measures to reduce or control environmental health hazards, if any:
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b. Noise
1) What types of noise exist in the area which may affect your project (for example: traffic,
equipment, operation, other)?
2) What types and levels of noise would be created by or associated with the project on a
short-term or a long-term basis (for example: traffic, construction, operation, other)?
Indicate what hours noise would come from the site.
3) Proposed measures to reduce or control noise impacts, if any:
& LAND AND SHORELINE USE
a. What is the current use of the site and adjacent properties?
b. Has the site been used for agriculture? If so, describe -
C. Describe any structures on the site.
d. Will any structures be demolished? If so, what?
e. What is the current zoning classification of the site?
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f- What is the current comprehensive plan designation of the site?
g. If applicable, what is the current shoreline master program designation of the site?
h- Has any part of the site been classified as an "environmentally sensitive" area? If so,
specify.
i. Approximately how many people would reside or work in the completed project?
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j. Approximately how many people would the completed project displace?
k. Proposed measures to avoid or reduce displacement impacts, if any:
I. Proposed measures to ensure the proposal is compatible with existing and projected
land uses and plans, if any:
9. HOUSING
a. Approximately how many units would be provided, if any? Indicate whether high, middle,
or low-income housing.
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b. Approximately how many units, if any, would be eliminated? Indicate whether high,
middle, or low-income housing.
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C. Proposed measures to reduce or control housing impacts, if any:
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10. AESTHETICS
a. What is the tallest height of any proposed structure(s), not including antennas; what is
the principal exterior building material(s) proposed.
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b. What views in the immediate vicinity would be altered or obstructed?
c, Proposed measures to reduce or control aesthetic impacts, if any:
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11. LIGHT AND GLARE
a. What type of light or glare will the proposal produce? What time of day would it mainly
occur?
b. Could light or glare from the finished project be a safety hazard or interfere with views?
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C. What existing off-site sources of light or glare may affect your proposal?
d. Proposed measures to reduce or control light and glare impacts, if any;
12. RECREATION
a. What designated and informal recreational opportunities are in the immediate vicinity?
b. Would the proposed project displace any existing recreational uses? If so, describe.
A0
C. Proposed measures to reduce or control impacts on recreation, including recreation
opportunities to be provided by the project or applicant, if any:
13. HISTORIC AND CULTURAL PRESERVATION
a. Are there any places or objects listed on, or proposed for, national state, or local
preservation registers known to be on or next to the site? If so, generally describe.
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b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or
cultural importance known to be on or next to the site.
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c. Proposed measures to reduce or control impacts, if any:
14. TRANSPORTATION
a. Identify public streets and highways serving the site, and describe proposed access to
the existing street system. Show on site plans, if any.
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b. Is site currently served by public transit? If not, what is the approximate distance to the
nearest transit stop?
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C. How many parking spaces would the completed project have? How many would the
project eliminate?
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d. Will the proposal require any new roads or streets, or improvements to existing roads or
streets, not including driveways? If so, generally describe (indicate whether public or
private? /
e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation?
If so, generally describe.
f. How many vehicular trips per day would be generated by the completed project? If
known, indicate when peak volumes would occur.
g- Proposed measures to reduce or control transportation impacts, if any:
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15. PUBLIC SERVICES
a. Would the project result in an increased need for public services (for example: fire
protection, police protection, health care, schools, other)? If so, generally describe.
�/
b. Proposed measures to reduce or control direct impacts on public services, if any.
%Z
16. UTILITIES
a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service,
telephone, sanitary sewer, septic system, other.
�7�
b. Describe the utilities that are proposed for the project, the utility providing the service,
and the general construction activities on the site or in the immediate vicinity which might
be needed. /%
1x�
1 "C
C. SIGNATURE
I, the undersigned, declare under penalty of perjury under the laws of the State of Washington
that to the best of my knowledge the above information is true, correct, and complete. It is
understood that the lead agency may withdraw any declaration of non -significance that it might
issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of
full disclosure on my part.
Proponent Signature:
Name Printed:
Date:
_10- 06/09
H:10ED1Data\Forrns-TemplateslSelt-Help HandoutMPlanninglenvchlst.doc
r1
Issued by
14450 N.E. 29th Pl., #200
Lar�Cll� merica r �` c Y Bellevue, WA 98007
Transnation ?��fr'�-}���25-451-7301
'�,1� phone: X00 -441-77Q1
[ Fax: 425-646-0545
Transnation Title Insurance Company COMMITMENT FDRTITLE 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 in Schedule A, In 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 liability and obligations hereunder shall cease and
terminate 160 days after 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 of the Company.
NOTE: THE POLICY COMMITTED 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.
Attest:
Secretary
Transnation Title Insurance Company
t�t*`E INr"
t°rrorrr
President
�1i1N1t,1
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, Ilen, 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 shall be relleved 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, Ilen, encumbrance, adverse claim or other matter, the
Company at its option may amend Schedule B 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 shall 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) to eliminate exceptions shown In Schedule 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, casts, 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; (u) the character, dimensions or location of any Improvement now or hereafter erected On the land; (111) 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 defectr lien Or
encumbrance resulting 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 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 Polley which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, pens, encumbrances, adverse claims or other matters:
(a) 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 lass or damage to the Insured claimant; (d) attaching or created subsequent to Date of Polley (except to the extent that this policy 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 claimant had paid value for the
Insured mortgage.
4. Unenforceability of the lien of the Insured mortgage because of the Inablllty 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 land is situated.
S. Invalidity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises Gut 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 Igen of the Insured mortgage) arising
from an improvement or work related to the land which Is 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 Insured has advanced or is obligated to advance.
7. Any claim, 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 IBW$r 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 application 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
(tf) of such recordation 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 ar damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any laver ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (1) the occupancy, use or enjoyment of the land; (Ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (Ili) 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 (lv) 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, lien or
encumbrance resulting 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 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 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 have been sustained if the Insured claimant had paid value for the estate or Interest Insured by this policy.
4, Any claim, which arises out of the transaction vesting In the insured the estate or Interest insured by this polity, by reason of the operation of federal bankruptcy, state
Insolvency, or similar creditors' rights laws, that Is based on:
(a) the transaction treating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest Insured by this polity being deemed a preferential transfer except where the preferential transfer results from the
failure:
(1) 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 4/43)
0
10
` 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 8, 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 concerning;
(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.
Thl5 Exclusion 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 violations
building codes It notice of the violation appears In the Public Records at the Policy Date.
3. The right to take the Land by condemning It, unless:
(a) a notice of exercising the right appears In the Public 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;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date — this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title,
C3. Lack of a right:
(a) to any Land outside the area specifically described and referred to In paragraph 3 of Schedule A; and
(b) In streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described In Covered Risk it or 18.
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 (1) the occupancy, use or enjoyment of the land; (II) the character, dimensions or location of any Improvement now or hereafter erected on the land; (111) 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 violation 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) 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 have been sustained If the Insured claimant had paid value for the insured mortgage or for the estate or interest Insured
by this policy,
4. Unenforceability of the lien of the insured mortgage because of the Inability or failure of the insured at Date of Polity, 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 land Is situated.
5. Invalidity 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 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 operabon of federal bankruptcy, state Insolvency or similar creditors' rights laws.
Commitment Cover - WA (Revised 4103)
10 0
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 authority that levies taxes or
assessments on real property or by the public records; proceedings by a public agency which may result In taxes or assessmentsr 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 Balms 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 hen, for labor, material, services or equipment, or for contributions to employee beneflt plans, or liens under Workman'
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, Including, but not limited to, easements or equitable servitudes; Orr (d) water rights, claims or title to water, whether or not the matters
excepted under (a), (b), (c) or (d) are shown by the public records.
7. 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.
9. 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 OWNER'S POLICY — EXTENDED COVERAGE
1. Taxes or asSeSSMentS which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies 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 calms; (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 servitudes; err (d) water rights, claims or title to water, whether or not the matters
excepted under (a), (b), (c) or (d) are shown by the public 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 an 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, connectlon, 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 general exceptions appear In these policy forms.
Commitment Cover - WA (Revised 4/03)
moi\ LandAmerica
� Transnation
1.
2.
3.
*rder No.: RR - 20239785
SECOND
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
14450 N.E. 29`h PI., #200
Bellevue, WA 98007
Phone: 425-451-7301
800-441-7701
Fax: 425-646-0545
Effective Date: October 27, 2006 at 8:00 a.m. Commitment No.: RR - 20239785
Policy or Policies to be issued:
Owners Policy 10-17-92 General Schedule Rate (vacant land)
Proposed Insured: Jerry Brennan
Amount: TO COME
Premium: $ 0.00
Tax: $ 0.00
Total: $ 0.00
ALTA Loan Policy - 1992 - Simultaneous Issue
Proposed Insured:
Amount:
Premium:
Tax:
Total:
To Be Determined
TO COME
$ 0.00
0.00
$ 0.00
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
sy. pt4�
Authorized si n ture
Preliminary Commitment Page 1
EXHIBIT "A"
PARCEL A:
Order No. RR - 20239785
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 88011'44" WEST 41.34 FEET TO A BRASS DISK IN THE CENTERLINE OF LAKE
WASHINGTON BOULEVARD;
THENCE SOUTH 20°0448" 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 0426'44" AN ARC LENGTH OF 124.32 FEET;
THENCE NORTH 72018'09" WEST 186.95 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF
MOUNTAIN VIEW AVENUE;
THENCE NORTH 24057'59" 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 70040'47" 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 20005'21" WEST, PARALLEL WITH SAID MAIN TRACK CENTERLINE, 83,58 FEET;
THENCE NORTH 72018'09" 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 SEATTLE 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 ABUTTING 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:
2.
3.
REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND
SUBSEQUENT AMENDMENTS THERETO.
AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 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.
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.: 3124059074
YEAR BILLED PAID BALANCE
2006 $4,144.50 $4,144.50 $0
TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.
LEVY CODE: 2100
ASSESSED VALUE LAND: $346,000
ASSESSED VALUE IMPROVEMENTS: $0
(AFFECTS PARCEL A)
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 BILLED PAID BALANCE
2006 $30.70 $30.70 $0
TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: 0.
LEVY CODE: 2100
ASSESSED VALUE LAND: $1,600
ASSESSED VALUE IMPROVEMENTS: $0
(AFFECTS PARCEL B)
Page 3
0
SCHEDULE B — continued
Order No. RR - 20239785
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: JERRY BRENNAN, MARILEE E. KARNOFSKI, CYNTHIA B. MCMAHON,
JAMES P. BRENNAN AND MARY T. BRENNAN
PURPOSE: CONSTRUCT, MAINTAIN, AND REPLACE AN ACCESS ROADWAY
AREA AFFECTED: A PORTION OF SAID PREMISES
RECORDED: JUNE 28, 1999
RECORDING NO.: 19990628001966
9. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: JUNE 28, 1999
RECORDING NO.: 19990628001967 AND 19990628001968
REGARDING: 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
*order 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.
15. 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. MATTERS 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
9 Order No. RR - 20339785
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 IS 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 IS 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
•
SCHEDULE B - continued
(END OF EXCEPTIONS)
Order No. RR - 20239785
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
0
0
THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS 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 ATTACHED. THE
COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH,UNLESS SUCH COVERAGE IS SPECIFICALLY
PROVIDED BY THE COVERED RISKS OF THE POLICY, REFERENCE SHOULD BE MADE TO AN
ACCURATE SURVEY FOR FURTHER INFORMATION.
SECTION: 31 TOWNSHIP: 24N RANGE: 05E
Printed: 10-09-2009
CITY OF RENTON
1055 S. Grady Way
Renton, WA 98055
Land Use Actions
RECEIPT
Permit#: LUA09-136
Payment Made: 10/09/2009 09:05 AM
Total Payment: 2,750.00
Current Payment Made to the Following Items:
4
fr6i
ty Of F'lat)fJij) Di Penton
�J On
rt r ILS,:�,�,,
lea
Receipt Number: R0904324
Payee: MARY OR JERRY BRENNAN
Trans
Account Code
Description
Amount
------
5009
--------------------
000.345.81.00.0006
------------------------------
Conditional Use Fees
----------------
2,000.00
5010
000.345.81.00.0007
Environmental Review
500.00
5019
000.345.81.00.0016
Shoreline Subst Dev
250.00
Payments
made for this receipt
Trans
Method Description
Amount
Payment
Check 1546
2,750.00
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
.00
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
Prelim/Tentative Plat
.00
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
.00
5018
000.345.81.00.0015
Routine Vegetation Mgmt
04
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, Hobbyk, Fence
.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
DO NOT USE - USE 3954
.00
5955
000.05.519.90.42.1
Postage
.00
5998
000.231.70.00.0000
Tax
.00
Remaining Balance Due: $0.00
LAKE
FOREST
PARK
JERRY BRENNAN PIER PE
KENWORE
JUANITA
"t
4
MEDINA
KIRKLAND
EXHIBIT 2
VICINITY MAP/NO SCALE
SEC: 31 -24N -05E
LAT: 47' 31' 21.8204"
BELLEwE LONG: 122' 22' 19.1722"
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 T PAGE
155, AS RECORDER'S CERTIFICATE NO. 990129 5 OF KING
COUNTY, WASHINGTON, LYING !N SECTIOIy SHIP NORTH,
RANGE 5 EAST, WILLAMETTERIDIAN�t1,`ll�
I f�il`HINGTON
SHEETINDEX,
T. DOVER PAGE
2, EXISTING SITE PLAN
JOB SITE LELEVATION
OPOSED SITE PLAN
OPOSED TOP AND
RENTON VIEW
LAKE MAP/NO SCALE
5. PROPOp
�L
6. COVAS
7. PLA I
8. PLANTING NOTES
PACF 1 /R
APPLICANT: JERRY BRENNAN ADJACENT OWNERS: PROPOSED: CONSTRUCT NEW PIER f
SITE ADD. 3411 LK WA BLVD N QQ CITY OF RENTON
RENTON, WA 98056 KENNYDALE BEACH
MAIL ADD, 3405 LK WA BLVD N ® 3405YLKRWANBLVD N PURPOSE: PROVIDE MOORAGE AND
LOCAL JURISDICTION: MAINTAIN NATIVE VEGETATION INTEGRIT
'AGE: 1 OF 8 DATE: 08/02/2009 CITY OF RENTON DATUM; C.O.E. 00 EST, 1919
! 6ft MARINE RESTORATION & CONSTRUCTION LLC
9 14W P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKSOMARINELLC.COM
1s FAX: (425) 576-866940 W W r MM w � ;,w WfmUC
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Planning Division
OCT - 9
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PLANTING PLAN
SCALE: 1"= 20'
NOTE:
Property and boundary information was obtained from a survey provided
by the property owner. Marine Restoration & Construction LLC has added
information from other sources including field measurements and aerial
photos. We are not surveyors and can not guarantee grcat level of accuracy.
We will provide survey if details are required.
OA%rgA44
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EXHIBIT 5
Exp CONCRE FE
BU'L K�AD
EXISTING C�RGE
MOIL TI— TRCCIjNK
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REMAIN
EX. 6' %Z. FNC
OI TY OF REN TON
97- 'It OfT 1a EA
Planning Division
OCT - 9ft
SCALE: 1 " - 20'
• SALMON SPAWNING MIX (t25 cy):
CLEAN, WA SHED, 2", 518" AND PEA
GRAVEL MIXED r/3 EA. PAGE 7/8
MARINE RESTORATION & CONSTRUCTION LLC
P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL; DOCKS@MARINELLC.COM
FAX: (425) 576-8669 N6 °' °°P01n a rw.c Icsrounor 4 ars,nuc,u ur
wo wr Int a rmm rn �raml,rm ■nnle wr,al misoll
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EXHIBIT 6
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5431
EXHIBIT 7
DEPARTMENT OF COMMUNITY .:
AND ECONOMIC DEVELOPMENT `
PLANNING DIVISION
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT
EVALUATION FORM & DECISION
DATE OF PERMIT ISSUANCE:
LAND USE ACTION FILE NO.:
DATE RECEIVED:
DATE OF PUBLIC NOTICE:
TYPE OF ACTION(S):
LUA09-136, ECF, SM, SMC
October 9, 2009
October 20, 2009
® Substantial Development Permit
❑ Conditional Use Permit
❑ Variance Permit
Pursuant to Chapter 90.58 RCW, the Hearing Examiner recommends that the City of Renton
grant a Shoreline Substantial Development Permit and a Shoreline Conditional Use Permit.
This action is proposed on the following application:
PROJECT NAME: Brennan Dock and Boatlift
PROJECT MANAGER: Gerald Wasser, Associate Planner
OWNER/APPLICANT: Jerry Brennan, 3405 Lake Washington Blvd. N, Renton,
WA 98056
CONTACT: Same as above
PROJECT LOCATION: 3411 Lake Washington Blvd. N
LEGAL DESCRIPTION: See Attachment A
SEC-TWN-R: SE 1/4 Section 31, Towhship 24N, Range 5E
WITHIN THE SHORELINES OF: Lake Washington
APPLICABLE MASTER PROGRAM: City of Renton
PROPOSAL DESCRIPTION: The applicant is requesting approval of a Shoreline
Conditional Use Permit and a Shoreline Substantial Development Permit for the construction
of a new 80 -foot long dock and installation of a pre -manufactured, freestanding, portable,
marine grade aluminum boatlift in association with a single family residence on the shore of
Lake Washingtron, a Shoreline of Statewide Significance. The project site is an 8,517 square
City of Renton Depurtmernt of Community & Economic oevelopment Shoreline Monogemet7t Permit
Brennan Clock and Boatiift LUA09-136, FCF, SM, SMC
DATE OF PERMIT: f Page 2 of 3
foot lot in the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be
accomplished by driving eight 8 -inch diameter steel piles via a barge -mounted drop hammer
pile driving system. Boatlift assembly would done with common hand tools. All work would
take place within the Washington Department of Fish and Wildlife construction window, July
16 through December 31. Because boatlifts are not specifically identified in the Shoreline
Master Program regulations, approval of a Shoreline Conditional Use Permit is required prior
to their installation.
The following section/page of the Master Program is applicable to the development:
RMC Section Description Paqe
4-3-090J Urban Environment 3-25
4-3-090K General Use Regulationsfor All Shoreline Uses 3-26
4-3-090L Specific Use Regulations 3-27
4-3-090M Variances and Conditional uses 3-39
4-9-1901.1, 2, 3, 5 Variances and Conditional Uses 9-54
Development of this project shall be undertaken pursuant to the following terms and
conditions:
1. The applicant shall comply with all construction conditions of State agencies.
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(s) hereof.
3. Construction permits shall not be issued until twenty-one (21) days after approval by
the Washington State Department of Ecology or until any review proceedings initiated
within this twenty-one (21) day review period have been completed.
C. E. "Chip" Vincent, Planning Director
Planning Division
Date
APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made
directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within
the twenty-one (21) days of receipt of the final order and concurrently filing copies of such
City of Renton Department of Community & Economic Develepmerrt iv000gemc,,q Permit
Brennan Dock and Boathft LUA09-136, ECF, SM, SMC
DATE OF PERMIT, Page 3 of 3
request with the Washington State Department of Ecology and the Attorney General's office as
provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal
notices shall also be filed with the City of Renton Planning Division and the City Clerk's office.
EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized
by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or
activity, for which a permit has been granted pursuant to this Master Program must be
commenced within two (Z) years of the effective date of a shoreline permit, or the shoreline
permit shall terminate, and a new permit shall be necessary. However, the Planning Division
may authorize a single extension for a period not to exceed one year based on reasonable
factors, if a request for extension has been filed with the Planning Division before the
expiration date, and notice of the proposed extension is given to parties of record and the
Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF
CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be
issued, and foundation inspections must be completed before the end of the two (Z) year
period.
Attachments
A. Legal1)escnption
B. Proposed Site Pian
cc: Attorney General's Office
Jerry Brennan - Owner/Applicant
City of Renton Offical File
Legal Descriptlon�
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 coater of said Section 31, thence North 01 048'16" 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 2457'59" 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 Pathic Railway Company) Seattle Belt Line Main
Track centerline, as now located and constructed; thence South 20005'21" West parallel with said Main
Track centerline 83.58 feet; thence North 72918'09" West, 103.98 feet to the True Point of Beginning.
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