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Home My WebLink AboutReport 1fI 3 1 AL PARTIES OF RECORD LINN OFFICE CONVERSION FROM SF LUA06-108, V-H Alden Linn Alden & Tisha Linn Nancy Terry 2907 Park Avenue N 338 Pelly Avenue N Renton, WA 98056 Renton, WA 98057 tel: (425) 829-9707 (owner) (party of record) eml: aldenlinn@hotmail.com (contact) Updated: 10/03/06 (Page 1 of 1) t + /� r Kathy Keolker, Mayor March 5, 2007 Alden Linn 2907 Park Avenue, N. Renton, WA 98056 CITY :)F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator 6xvkllcwVik 1�4011 Subject: Landscape Plan Approval for Linn Office Conversion City of Renton File LUA06-108, V-H Dear Mr. Linn: The Development Planning Section of the City of Renton has approved the fence and landscape plan submitted for the Linn Office Conversion subject to the following conditions: 1. Morning glory will not be planted along the fence. Wisteria is an acceptable planting. 2. Plants in the three planters will be non-invasive, native or drought resistant ornamental species. Landscaping is required to be in place by June 5, 2007, after which it will be inspected by City staff. Please contact me at (425) 430-7270 if you have any questions. Sincerely, Andrea Petzel, Planner Development Services Division cc: -City of Renton File LUA06-108 Paul Baker, Code Compliance Inspector 1055 South Grady Way - Renton, Washington 98057 MThlc..nrmr 1--ro_1m1c11 znv_-1r— 1.— RENTON AHEAD OF THE CURVE 1 Alden and Tisha Linn 2907 Park Ave N Renton WA 98056 October 6, 2006 City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Dear Sir or Madam: Office conversion landscape specifications Project Name: 337 Park Ave N This is the proposed landscaping specifications for 337 Park Ave N's landscape variance. 1. 95 feet of wood fence to be installed. The first 16 feet will be 4 ft tall and the remainder will be 6 ft tall. The style of fence is attached. 2. Climbing wisteria or morning glory will be planted every 8 feet to grow up the fence posts and eventually grow and flower along the top portion of the fence. See attached picture of plants. 3. 3 planter boxes will be installed along the West portion of the fence line. See attached picture. Suggested sizes of planters as depicted in picture: 41 Inch Planter 41L 21W 13H -Weight: 34 Ibs Item Count Unit Price Total Price Fence Cost 95 $ 17.95 $ 1,705.25 Wisteria Cost 12 $ 29.95 $ 359.40 Planters Cost 3 $ 139.95 $ 419.85 Planters Plants 9 $ 14.95 $ 134.55 Sub Total $ 2,619.05 Taxes 8.8% $ 230.48 Total Cost $ 2,849.53 Best Regards, Alden and Tisha Linn ctTVOFQE TON R 8CFI VF P FED 15 W dU►LDINGDfVISlip. r z 4LLt�Y � f I I� I E i f� I I I I l3r - I b to fA rn s a Ird �AKk Avr H M i� � � d �I- S Q C IVOMENTON RECEIVE[) FEB 15 2007 BUJMNGDIVISIOr 011YOERENTON RECEIVFP FED 15 2007 BUGINGDIVISIQP MI INb L ' p� ! .�� 1 �. .. �e 4 w � • aQ ,.,� - � � by �� I�"; yFw y rF - _, ..- - i _ _ _ _. a.. _ - r-' .- _ Page 1 of 1 rl,per 301 L�It4au s1S ittp://images.simplyplanters.cam/mgen/master:WC0I9.jpg`}is=30O,300,Oxffffff&cvt jpg 1.0/6/200E !,II y Qf HL,%I Ur. RECEIVED PLANNING & DEVELOPMENT COMMITTEE COMMITTEE REPORT February 12, 2007 FEB 13 200 BUILDING DIVISION Art--,P,Y123 BY "I QTY COUNCIL Date, o?-/ayP7oa7 Appeal of LINN OFFICE CONVERSION LANDSCAPE VARIANCE We LUA 0 Referred to P&D Committee on November 20, 2006 The Planning and Development Committee ("Committee") heard this appeal on February 8, 2007. Applicants Alden and Tisha Linn appealed the Hearing Examiner's Decision denying their landscape and buffer variance request. The Committee recommends that the City Council find that the Hearing Examiner made a substantial error of fact by denying the variance, since the Applicants would suffer an undue hardship by precluding any reasonable use of the property, and since there is no evidence of harm to the adjacent residential property. Accordingly, the Committee recommends that the Council overturn the decision of the Hearing Examiner, subject to conditions. The subject property is located on 337 Park Avenue N, just south of N.41h Street. The site is now zoned Commercial Arterial ("CA") and was last used as a single-family residence. There is a residential home located approximately seven feet from the property line. Applicants initially purchased the property to use as an interior design business. Due to changed circumstances, they have a contingent lease on the property for Renton Realty to operate a real estate office subject to the approval of this variance. In changing the use from a residential to a commercial use, the site is required to be brought up to current standards of landscaping and parking. The standards for development in the CA zone require a 15-ft. landscape strip along the line that abuts a residential lot. Additionally, this lot would require four onsite parking stalls for the business. Due to the lot size and configuration, the Applicants are unable to provide the requisite parking and 15-ft. landscape buffer without a variance. The abutting residential neighbor has no objection to the buffer variance. I Pursuant to RMC 4-8-11 OF(5) and (6), the Committee's decision and recommendation is limited to the record, which consists of, but is not limited to, the Hearing Examiner's Report, the Notice of Appeal and the submissions by the parties. After reviewing the record and the submissions by the parties, and having heard oral argument by both Mr. Alden Linn and the City's Development Services Director Neil Watts, the Committee hereby recommends as follows: ` The residential neighbor located at 337 Park Avenue North agreed with the Alden's proposal to remove the chain link fence and replace it with a decorative wooden fence on the neighbor's property at the Alden's expense, if the variance is granted. Planning and Development nittee Report Appeal of Linn variance, LUA 06-108, V-H p. 2 That the variance be granted subject to replacement of the chain link fence with a decorative wooden fence on the residential neighbor's property (at the Applicants' expense), consistent with the parameters set forth in the City Staff s Report to the Hearing Examiner dated October 10, 2006, Section I — Recommendation, Nos. 1 and 2. Further, the variance is only valid as to types of business or uses with a maximum of 25 average daily trips per day (calculated on ITE Trip Generation procedures.) Terri Briere, Chai Dan Clawson, Vice Chair lq"JTJI&L Marcie Palmer, Member cc: Neil Watts Jennifer Henning Lawrence I Warren Fred Kauffman Exhibit 3 E4 - 8 TZ3N "D w I Alden and Tisha Linn 2907 Park Ave N Renton WA 98056 October 6, 2006 City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Dear Sir or Madam: Office conversion landscape specifications Project Name: 337 Park Ave N This is the proposed landscaping specifications for 337 Park Ave N's landscape variance. 1. 96 feet of wood fence to be installed. The first 15 feet will be 4 ft tall and the remainder will be 6 ft tall. The style of fence is attached. 2. Climbing wisteria or morning glory will be planted every 8 feet to grow up the fence posts and eventually grow and flower along the top portion of the fence. See attached picture of plants. 3. 3 planter boxes will be installed along the West portion of the fence line. See attached picture. Suggested sizes of planters as depicted in picture: 41 Inch Planter -41L 21W 13H -Weight: 34 lbs Item Count Unit Price Fence Cost 95 $ 17.95 Wisteria Cost 12 $ 29.95 Planters Cost 3 $ 139.95 Planters Plants 9 $ 14.95 Sub Total Taxes 8.8% Total Cost Best Regards, Alden and Tisha Linn Total Price $ 1,705.25 $ 359.40 $ 419.85 $ 134.55 $ 2,619.05 $ 230.48 $ 2,849.53 CITY0F RENT0 N R EcF tIF r FEB 15 2007 301DINGDlws1 o CITYOFAENTON RECEIVFP FEB 15 2007 BUICDINGDIVISION 7 S" TN 43r 35-7 FAKr. kv�- 4 CHYOFREWU, ECE I VFP FEB 15 2007 BUQDINGDIVISIO� Page 1 of I V ►ttp-.//marescusto►nfences.com/images/fences beveIed/kii-kIand2.jpg 10161200E . rip [ ! F � . mil* r C� ° � rw+ • 4. - . • � "! .s Page 1 of 1 c'IxNION UF1 �E ittp://images.simplyplanters.com/mgen/master:W('O19.jpg`?is=300,300,Oxffffff&cvt jpg 10161200E Alden and iisha Linn 2907 Park Ave N Renton WA, 98056 September 26, 2006 City of Renton Development Services Division L)EV6LOp 1055 South Grady Way ! ofi RWF6,N! lr.l Renton, WA 9$055 Dear Mr. Watts �� Parking modification to allow a gravel parking area. '?ECE'V&D Project Name: 337 Park Ave N Greetings Mr. Watts, we are converting the use of our building at 337 Park Ave N, Renton WA 98055, from a residential use to an office use and would like to obtain a parking modification to continue to use the gravel/concrete parking lot opposed to having it paved. There are three main reasons we are asking for this modification; 1. The property is a low intensity use, 2. The cost of paving the parking is prohibitive for the type of use we are proposing, 3. The majority of the driveway is already poured concrete. With each of these factors weighing on us we are asking for a parking modification to allow us to us it as an office space without paving the parking area. I've included a site plan that shows the existing gravel parking as well as the existing concrete driveway. We currently have a variance request that is to be reviewed Oct 10th by the hearing examiner. I have also spoken with Valarie in the planning department who is the planner responsible for this hearing. In addition I would also like to give you a more in depth background on this property and our proposed use. We currently have a signed lease with Renton Realty to lease this building as an office space. The lease we have signed with them is conditional upon us getting approval from the city to use the building as an office. Renton Realty is a new business operated by one of the brokers that previously operated out of Treasured Homes Realty in down town Renton on S 3`d Street. This is the best possible tenant for the building since they are a low traffic type of business. They are very anxious to get into the building quickly. I have spoken with all of the neighbors in the surrounding area and had no opposition to using the space as an office. We were initially going to use the property for my wife's interior design business as a home office but that all changed when our new son was born a few months ago. Since then we've been trying to rent the property and have had no interest in the property as a residence due to the location next The Dog and Pony's beer garden. However, we have been contacted by many people interested in the building as office space. We've had numerous businesses want to locate in the building but feel that a Realty office is the best use of the property_ Some of the businesses we've been contacted by that have shown interest in the property include; flower shop, computer repair shop, auto detail shop, massage parlor, multiple hair salons, therapist and finally an accountant. The amount of interest in the property exemplifies the demand for this type of office on Park Ave N. As the Landing project completes within the next year or so the demand for this type of product will increase as more and more small shops try to take advantage of the larger retailer's presence. We hope that this conversion is seen as a benefit to the City of Renton's tax base as well as an opportunity for a small business to provide a much needed service in that area. Sincerely, Alden and Tisha Linn Y CITY )F RENTON v T4+ y' Kathy Keolker, Mayor December 4, 2006 Planning and Development Committee City of Renton 1055 S Grady Way Renton, WA 98057 Re: Linn Office Conversion — Landscape Variance LUA-06-108, V-H Dear Committee Members: Hearing Examiner Fred J. Kaufman RFCEIVEd DEC 0 4 2006 RENTON CITY COUNCit C1W OF RENTON OEC 1 1 2006 RECEIVED k:*ITY CLERK'S OFFICE This office reviewed and denied a request for a variance from the landscape screening provisions for the Linns' request to convert a residential use to an office use. This office would like to make it clear that the only issue this office was considering was the requirement that a certain amount of landscaping was required between the existing building and the adjacent property. This office intended to deny the use of the driveway since the use of the driveway or expansion of the existing building into that driveway (or existing setback) area could severely impact the quality of life for the residents of the immediately adjacent neighboring residence. This office was not taking any stand on the appropriateness of a conversion of the property to a permitted use. Non -conforming uses may or may not be permitted but the proximity of the driveway could have undesirable impacts and blight the adjacent residential property. As noted in the original report, the Linn's noted that the residential character of their property was adversely affected by the commercial use on their boundary. It would be untenable to visit those or similar impacts on their residential neighbor. I hope this letter helps you in your deliberations of this matter. Sincerely, Fred Kaufman Hearing Examiner City of Renton FKJnt cc: Renton City Council 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6515 9 Thts paper rnnlains 50% recycled material, 30% post consumer RENTON AHEAD OF THE CURVE Y Kathy Keolker, Mayor February 15, 2007 Alden Linn 2907 Park Ave. N. Renton, WA 98056 CITZ �F RENTON City Clerk Bonnie I. Walton Re: Appeal of Hearing Examiner's decision dated 10/23/2006; Linn Office Conversion Landscape Variance; 337 Park Ave. N; LUA-06-108 Dear Appellant and Parties of Record: At the regular Council meeting of February 12, 2007, the Renton City Council took action on the referenced appeal by adopting the recommendation of the Planning and Development Committee overturning the decision of the Hearing Examiner subject to certain conditions. Enclosed is copy of the Planning and Development Committee report as adopted. Unless the appropriate land use appeal of the decision of the City Council is filed with King County Superior Court as indicated in Renton Municipal Code, the decision of the City Council will be final. For information regarding continuation of the process, contact the Development Services Division at 425-430-7200. Sincerely, G1a,Gte-�- Bonnie 1. Walton City Clerk Enclosure cc: Mayor Kathy Keolker Council President Toni Nelson Jennifer Henning, Principal Planner Parties of Record 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6510 / FAX (425) 430-6516 6) This papercrntaims 6 reevcled matenal. 30% mst cocsumer RE o AHEAD OF THE CURVE Council Appeal Decision of 2/12/2007 LUA-06-108 Linn Office Conversion Landscape Variance Appellant: Alden Linn 2907 Park Ave. N. Renton, WA 98056 Parties of Record: Josephine Ganuelas 335 Park Ave. N. Renton, WA 98055 Alden & Tisha Linn PO Box 2288 Renton, WA 98056 Nancy Terry 338 Pelly Avenue N. Renton, WA 98057 Valerie Kinast — Development Services Division Council Appeal Decision of 2/12/2007 LUA-06-108 Linn Office Conversion Landscape Variance Appellant: Alden Linn 2907 Park Ave. N. Renton, WA 98056 Parties of Record: Josephine Ganuclas 335 Park Ave. N. Renton, WA 98055 Alden & Tisha Linn PO Box 2288 Renton, WA 98056 Nancy Terry 338 Pelly Avenue N. Renton, WA 98057 Valerie Kinast Development Services Division February 12, 2007 APPEAL Planning & Development Committee Appeal: Linn Office Conversion Landscape Variance, V-06-108 Renton City Council Minutes Page 42 Planning and Development Committee Vice Chair Clawson presented a report regarding the appeal of the Linn office conversion landscape variance. The Committee heard this appeal on 2/8/2007. Applicants Alden and Tisha Linn appealed the Hearing Examiner's decision denying their landscape and buffer variance request. The Committee recommended that the City Council find that the Hearing Examiner made a substantial error of fact by denying the variance, since the applicants would suffer an undue hardship by precluding any reasonable use of the property, and since there is no evidence of harm to the adjacent residential property. Accordingly, the Committee recommended that the Council overturn the decision of the Hearing Examiner, subject to conditions. The subject property is located at 337 Park Ave. N., just south of N. 4th St. The site is now zoned Commercial Arterial (CA) and was last used as a single- family residence. There is a residential home located approximately seven feet from the property line. Applicants initially purchased the property to use as an interior design business. Due to changed circumstances, they have a contingent lease on the property for Renton Realty to operate a real estate office subject to the approval of this variance. In changing the use from a residential to a commercial use, the site is required to be brought up to current standards of landscaping and parking. The standards for development in the CA zone require a 15-foot landscape strip along the line that abuts a residential lot. Additionally, this lot would require four onsite parking stalls for the business. Due to the lot size and configuration, the applicants are unable to provide the requisite parking and 1-5-foot landscape buffer without a variance. The abutting residential neighbor has no objection to the buffer variance. (The residential neighbor located at 337 Park Ave. N. agreed with the Alden's proposal to remove the chain link fence and replace it with a decorative wooden fence on the neighbor's property at the Alden's expense, if the variance is granted.) Pursuant to City Code 4-8-11017(5) and (6), the Committee's decision and recommendation is limited to the record, which consists of, but is not limited to, the Hearing Examiner's report, the notice of appeal, and the submissions by the parties. After reviewing the record and the submissions by the parties, and having heard oral argument by both Alden Linn and the City's Development Services Director Neil Watts, the Committee hereby recommended as follows: that the variance be granted subject to replacement of the chain link fence with a decorative wooden fence on the residential neighbor's property (at the applicant's expense), consistent with the parameters set forth in the City staffs report to the Hearing Examiner dated 10/10/2006, Section I - Recommendation, Nos. 1 and 2. Further, that the variance is only valid as to types of business or uses with a maximurn of25 average daily trips per day (calculated on ITE Trip Generation procedures).* Councilmember Clawson added that without the variance, the only way to access the property is from the alley, and only a couple of parking spaces are possible due to the landscape requirement. *MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: PLANNING & DEVELOPMENT COMMITTEE COMMITTEE REPORT February 12, 2007 Ar27_770Vr-_r1 BY C"rif COUNCIL Data W-/a-doo7 Appeal of LINN OFFICE CONVERSION LANDSCAPE VARIANCE File LUA 06-108, V-H Referred to P&D Committee on November 20, 2006 The Planning and Development Committee ("Committee") heard this appeal on February 8, 2007. Applicants Alden and Tisha Linn appealed the Hearing Examiner's Decision denying their landscape and buffer variance request. The Committee recommends that the City Council find that the Hearing Examiner made a substantial error of fact by denying the variance, since the Applicants would suffer an undue hardship by precluding any reasonable use of the property, and since there is no evidence of harm to the adjacent residential property. Accordingly, the Committee recommends that the Council overturn the decision of the Hearing Examiner, subject to conditions. The subject property is located on 337 Park Avenue N, just south of N 4'h Street. The site is now zoned Commercial Arterial ("CA") and was last used as a single-family residence. There is a residential home located approximately seven feet from the property line. Applicants initially purchased the property to use as an interior design business. Due to changed circumstances, they have a contingent lease on the property for Renton Realty to operate a real estate office subject to the approval of this variance. In changing the use from a residential to a commercial use, the site is required to be brought up to current standards of landscaping and parking. The standards for development in the CA zone require a 15-ft. landscape strip along the line that abuts a residential lot. Additionally, this lot would require four onsite parking stalls for the business. Due to the lot size and configuration, the Applicants are unable to provide the requisite parking and 15-ft. landscape buffer without a variance. The abutting residential neighbor has no objection to the buffer variance.' Pursuant to RMC 4-8-110F(5) and (6), the Committee's decision and recommendation is limited to the record, which consists of, but is not limited to, the Hearing Examiner's Report, the Notice of Appeal and the submissions by the parties. After reviewing the record and the submissions by the parties, and having heard oral argument by both Mr. Alden Linn and the City's Development Services Director Neil Watts, the Committee hereby recommends as follows: ' The residential neighbor located at 337 Park Avenue North agreed with the Alden's proposal to remove the chain link fence and replace it with a decorative wooden fence on the neighbor's property at the Alden's expense, if the variance is granted. Planning and Development Co.....attee Report Appeal of Linn variance, LUA 06-108, V-H p. 2 That the variance be granted subject to replacement of the chain link fence with a decorative wooden fence on the residential neighbor's property (at the Applicants' expense), consistent with the parameters set forth in the City Staffs Report to the Hearing Examiner dated October 10, 2006, Section I — Recommendation, Nos. 1 and 2. Further, the variance is only valid as to types of business or uses with a maximum of 25 average daily trips per day (calculated on ITE Trip Generation procedures.) Terri Briere, Chai �� 0 L41-v� Dan Clawson, Vice Chair ry�6&j:�,I&LL Marcie Palmer, Member cc: Neil Watts Jennifer Henning Lawrence J. Warren Fred kgU4r"a►, STATE OF WASHINGTON, COUNTY OF KING AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Jody L. Barton, being first duly sworn on oath that she is the Legal Advertising Representative of the King County Journal a daily newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in King County, Washington. The King County Journal has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the King County Journal (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a Public Notice was published on September 29, 2006, The full amount of the fee charged for said foregoing publication is the sum J arson Legal Advertising Representative, King County Journal Subscribed and sworn to me this 29"' day of September, 2006. B D Cantelon Notary Public for the State of Washington, Residing in Kent, Washington PO Number: NOTICE OF PUBLIC HFARING RE, TO HEARING EXAMINER RENTON, WASHITGTON 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 October 10, 2006 at 9:00 AM to consider the following petitions: Linn Office Conversion Landscape Variance LUA06-108, V-H Location: 337 Park Avenue N. Description: The applicants are requesting approval from the Hearing Examiner of a variance from the landscape requirements in the CA zone. The subject lot is 47 ft. wide and 103 ft. lung and an existing house is located on the front half of the site. Because the applicants are proposing to convert the house to an office use and the lot iG abutting a ev identially zoned property, a 15 ft. lan5cape Grip is required almng the south property lira. The applicant., are also required to provide four onsite parking :tills, Given the lot width and placement of the existing house, it is not possible for the applicants to provide required parking and also the 15 ft. of landscaping. For this reason the applicants are requesting that the requirement to provide a 15 It. wide sight -obscuring land- scape stirp along the south property line to be reduced to 7Pro. All interested persons are invited to be present at the Public Hearing to express their opinions. Questions should be directed to the Hearing Exam finer at 425430-6515. Publication. Date: September 29, 2006 Published in the Mng County Journal Septemher 29, 2006. #8617.14 City G. „enton Department of Planning / Building / Pu — Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: SEPTEMBER 15, 2006 APPLICATION NO: LUA06-108, V-H DATE CIRCULATED: AUG APPLICANT: Aldan Linn PROJECT MANAGER: Valerie Kinast PROJECT TITLE: Linn Office Conversion - Landscape Variance p PLAN REVIEW: Ka ren Kittnc6 SITE AREA: 4,838 square feet BUILDING AREA ross : 2,100 square feet LOCATION: 337 Park Avenue N WORK ORDER NO: 77642 SUMMARY OF PROPOSAL: The applicant is converting an existing single family home on a 4,838 sf lot in the Commercial Arterial (CA) zone to an office use. The applicant is requesting a Hearing Examiner variance to eliminate the requirement for a 15 ft. landscape strip along the south property line, which is required to buffer the commercial use from the residentially zoned and used property to the south. Due to the limited width of the lot, it is not possible to provide the required parking and driveway, and also the landscaping. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants LandlShorefine Use Animals Environmental Health f=nergyl Natural Resources n61 B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housinr Aesthetics Li htlGlare Recreation utilities Trans anon Public Services HistoriclCultural 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 addifion* information is mWded to properly assess this proposal. Signature of Director or Authorized Representative Date November 20, 2006 Renton City Council Minutes Page 402 compared the zoning from the original subarea plan to the recommended zoning of the task force, noting the density similarities between the two plans. Ms. Petersen expressed concern regarding the high densities proposed for the area, including the allowance of three- to five -story buildings, saying that high densities should not be supported without a proper EIS (Environmental Impact Statement). She urged Council to consider requiring an EIS. Citizen Comment: O'Halloran- Mike O'Halloran, Airport Advisory Committee Chair, 4420 SE 4th St., Renton, Airport Open House, Master 98059, issued an invitation to the Renton Airport Open House on November 21, Plan Update at which citizens can ask questions and discuss future options for the airport. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At Councilman Persson's request, item 6.b. was removed for separate consideration. Appeal: Linn Office City Clerk reported appeal of Hearing Examiner's decision regarding the Linn Conversion Landscape Office Conversion Landscape Variance; appeal filed by Alden Linn, 2907 Park Variance, V-06-109 Ave. N_ Renton, 98056, accompanied by required fee. Refer to Planning and Development Committee. Finance: Fiber Optic Finance and Information Services Department recommended approval of an Installation Projects Interlocal interlocal agreement regarding the sharing of fiber optic installation projects Agreement, Eastside Fiber with the Eastside Fiber Consortium (various eastside agencies) to add Bellevue Consortium Community College as a participating agency. Council concur. (See page 405 for resolution.) Budget: 2006 Year -End Finance and Information Services Department recommended approval of the Amendments 2006 year-end budget amendment ordinance. Refer to Finance Committee. Plat: Monterey Place II, NE Hearing Examiner recommended approval, with conditions, of the Monterey 16th St, PP-06-104 Place II Preliminary Plat; two single-family lots on a 0.26-acre site located at 2008 NE 16th St. Council concur. Utility: 2007 Rates Utility Systems Division submitted proposed changes to the water, wastewater, and surface water utility rates. Refer to Committee of the Whole. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 6.b. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Community Services Department recommended approval to transfer the lease Item 6.b. and concession agreement with All My Restaurants, Inc. for the restaurant and Community Services: banquet facilities at Maplewood Golf Course to Newcastle Restaurants, Inc. Maplewood Golf Course (Arias-Barajas, Inc.) for the remaining three years of the existing lease. Restaurant Facilities Lease, MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL APPROVE Transfer to Newcastle THE AGREEMENT ADDENDUM WITH A CORRECTION TO PAGE 1, Restaurants, LAG-03-003 ITEM 2., LINE 3 AS FOLLOWS: REPLACE THE WORD "shall" WITH THE WORD "may." CARRIED. Mayor Keolker noted that the agreement will be returned to the concerned parties to determine if they accept the change. Added Correspondence was read from James A. Fenner and Carolyn R. Fenner, 402 CORRESPONDENCE Seneca Ct. NW, Renton, 98057, concerning stormwater runoff through their Citizen Comment: Fenner - yard and into their basement as a result of the development on an adjacent Stormwater Drainage property located at 84t1i Ave. S. and S. 128th St. MOVED BY CORMAN, Problems, Seneca Ct NW SECONDED BY PERSSON, COUNCIL REFER THIS CORRESPONDENCE TO THE ADMINISTRATION. CARRIED. Submitting Data: Dept/Div/Board- Staff Contact...... C OF RENTON COUNCIL AGEND. LL AJLS/City Clerk Bonnie I. Walton Subject: Appeal of Hearing Examiner's decision dated 10/23/2006 regarding the Linn Office Conversion Landscape Variance application. (File No. LUA-06-108, V) Exhibits: A. City Clerk's letter (11 /6/2006) B. Appeal - Alden Linn (I l / 1 /2006) C. Hearing Examiner's Report & Decision (10/23/2006) For Agenda of: 11/20/2006 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Refer to Planning and Development Committee. Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Bud et City Share Total Project.. SUMMARY OF ACTION: Appeal of the Hearing Examiner's decision on the Linn Office Conversion Landscape Variance application was filed on 1 I/1/2006 by Alden Lina, accompanied by the required $75 fee. STAFF RECOMMENDATION: Council to take action on the Linn Office Conversion Landscape Variance application appeal. cc: Jennifer Henning Larry Warren Rentonnetlagnbill/ bh X Y CI'f"� OF RENTO "'R I + + Kathy KeoIker, Mayor November 6, 2006 APPEAL FILED BY: Alden Linn ca City Clerk Bonnie L Waltou RE: Appeal of Hearing Examiner's decision dated 10/2312006 regarding the Linn Office Conversion Landscape Variance application, Iocated at 337 Park Ave. N. (File No. LUA-06-108, V) To Parties of Record: Pursuant to Title IV, Chapter 8, Renton City Code of Ordinances, written appeal of the hearing examiner's decision on the Linn Office Conversion Landscape Variance application has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-11 OF, the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may submit letters limi to support of their positions within ten (10) days of the date of mailing of the notification of the filing of the appeal. The deadline for submission of additional letters is 5:00 pm, November 16, 2006. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee., The Council Liason will notify all parties of record of the date and time of the Planning and Development Committee meeting. If you are riot listed in local telephone directories and wish to attend the meeting, please call the Council Liason at 425430-6501 for information. The recommendation of the Committee will be presented for consideration by the fW1 Council at a subsequent Council meeting. Attached are a copy of the appeal and a copy of the Renton Municipal Code regarding appeals of Hearing Examiner decisions or recommendations. Please note that the City Council will be considering the merits of the appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner, no fiat1jerevidence or tc0mo on this matter will be accepted by the City Council. For additional information or assistance, please feel free to call me at 425430-6502. Sincerely, Bonnie L Walton City Clerk Attachments cc: Council Liason 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6510 / FAX (425) 430-6516 RE lv �TO lr AHEAD OF THE CURVE ThisCYDefCOil6rie+Rqngc.,—..-e.+.�...^�• �•,,•. _- . City f Renton Municipal Code; Title IV, Chapter 8, Section 110 - Appeals 4-8-1 IOC4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-110F. Appeals to City Council —Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examinees written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examinees report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5_ Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050FI, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-1.3-1982) I0. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) CITY OF REfiTON APPEAL OF HEARING EXAMINER'S DECISION/RECOMMENDATIONNO V 0 1 2006 To RENTON CITY COUNCIL RECEIVED FILE NO. `U�, " I� � - ,ITY CLERKS Otgu r ff . r APPLICATION NAME 11'11'l , r' �,c) I r � � � t ? r.. a �% �.: f' . 1 /4 v i '� " � k' The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated , 20�2L- , 1. IDENTIFICATION OF PARTY APPELLANT: Name: Address: U REPRESENTATIVE (IF ANY): Name: Address: 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: FINDING OF FACT: (Please designate number as denoted in�he Examiner's Report) No. Error: �. _� `'• `r;S9'� Correction: CONCLUSIONS: No. Error: Correction: OTHER: No. Error: Correction: 3. SUMMARY OF ACTION.REOUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) _ Reverse the decision or recommendation and grant the following relief - Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: Other Appellant/Representative Signature NOTE: Please refer to Title IV, Chapter 8, of the Renton Municipal Code, and Section 4-8-11 OF, for specific appeal procedures. K CITY CLERKUPPEAUAPPEAL. to Council.doc Alden and Tlshe lnm 2907 Park Ave N Renton WA 98066 October 31, 2006 City of Renton 1055 South Grady Way Renton, WA 98055 Dear Sir or Madam: Appeal of Hearing Examiner's Decision Project Name: 337 Park Ave N CT Y OF RENTON Nov 0 1 2006 RECE Offy OL.ERK'SSOOFFICE We are appealing ft hearing examiners decision to our variance request to use a commercially zoned property as an office building. We have investigated all possible uses of the property and found that there is a great deal of demand for boutique office locations in this area. With the build out of the Landing project we have noticed numerous small boutique shops opening up in the area and specifically on Parts Ave N. The property was originally bought to run my wife's interior design business out of but we now have a 6 month old son and our plans changed. We decided to rent the property and presented it to numerous people as both a house and an office space. We did not have any interest in the property as a home and found that the best use of the property was as a boutique office type use. We currently have a lease agreement with Renton Realty to operate a real estate office out of the building contingent on this approval. Technically our variance request is to mitigate the landscape requirement for a commercial arterial property abutting an R-10 property. The existing building is 13 feet 3 inches from the lot line. The code requires the building to be 15 feet from the property line. We have thought about demolishing the building and building a new one but the feasibility and cost required for this prohibitive. We have looked at numerous layouts to build a new building and have not been able to come up with a layout that is of a significant improvement given the curTent codes restrictive setbacks for this size lot Please see Exhibit A fear a view the possible footprint of building that could be put on this lot We are requesting approval of the variance request as stated by the planning department recommendation. We also have a signed document with the abutting neighbor with approval of the sties suggested plan. Exhibit B. Sincerely, az � // �" ;4 -X � 14�� Alden and Tisha Linn . i-q :-]?\v A-,�IVA c o I JosepNne Ganuelas 335 Park Ave N RentM WA 98055 October 6, 2006 City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Dear Sir or Madam: Landscape specifications approval Project Name: 337 Park Ave N I Josephine Ganuelas nrAlng at 335 Park Ave N approve Alden Linn whose property is adjacent to mine to reffxAe MY chain link fence and replace it with a wooden fence on my property. I approve Alder's plan for replacing the Woe, adding a climbing plant and planter boxes as designated in the Office convemm landscape specifications' document atta&M. ekis fi1hY1 boo Yl `N lAV a �N VL _1 v d 4 w f k I �a i r r r C�o — I R7' 7 f 1 %L ! '�IvU"• ��7v 4 r _ f 117 ul CNI Lu Y Exhibit 2 EE:j!giyx3 'I m OZ M 0r Q> CA 2z z z G) AI-LF y I' .Lb, 4-21, � 7a r � ?HE � p' f 1� FAKK AVM N G N �CIP N s a wig -^yf 1 AV! W,� 77 �tV741 q!qL x:- lXD N" d)3d (dMoo I vo.� . I vil NEW AD lo&;-wg — — — — 9sm MEZI oz FEE Cil CD ap CEO l a cd)([j J a3 kol a 0- (13 —4�r tl L U T3 puz s G3 (CDV3 90f9m GSWAM IVDDU3= MAtW'l oMXOZ nz fD 1 n-w ' Im r",--gL M (d �Juw OD CD ;o to CMD ow m w- cD (n -;o ;o X X C3 Co 'Zfl At 95)] fle Cd November 6, 2006 STATE OF WASHiNGTON COUNTY OF KING CERTIFICATE OF MAILING ) BONNIE I. WALTON, City Clerk for the City of Renton, being first duly sworn on oath, deposes and says that she is a citizen of the United States and a resident of the State of Washington, over the age of 21 and not a party to nor interested in this matter. That on the 6th day of November, 2006, at the hour of 5:00 p.m. your aff ant duly mailed and placed in the United States Post Office at Renton, King County, Washington, by first class mail to all parties of record, notice of appeal filed by Alden Linn of the Hearing Examiner's decision regarding the Linn Office Conversion Landscape Variance application. (File No. LUA-06-108. V) Bonnie I. Walton, City Clerk SUBSCRIBED AND SWORN TO BEFORE me this 6th day of November, 2006. NNMti�� Ja n A. Seth N ary Public in and for the State of Washington, residing in Renton ^Y Kathy Keolker, Mayor November 6, 2006 APPEAL FILED BY: Alden Linn CITY 7F RENTON City Clerk Bonnie I. Walton RE: Appeal of Hearing Examiner's decision dated 10/23/2006 regarding the Linn Office Conversion Landscape Variance application, located at 337 Park Ave. N. (File No. LUA-06-108, V) To Parties of Record: Pursuant to Title IV, Chapter 8, Renton City Code of Ordinances, written appeal of the hearing examiner's decision on the Linn Office Conversion Landscape Variance application has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-11OF, the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may submit letters limited to support of their positions within ten (10) days of the date of mailing of the notification of the filing of the appeal. The deadline for submission of additional letters is 5.00 pm, November 16, 2006. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee. The Council Liason will notify all parties of record of the date and time of the Planning and Development Committee meeting. If you are not listed in local telephone directories and wish to attend the meeting, please call the Council Liason at 425-430-6501 for information. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Attached are a copy of the appeal and a copy o f the Renton Municipal Code regarding appeals of Hearing Examiner decisions or recommendations. Please note that the City Council will be considering the merits of the appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner, no further evidence or testimoon on this matter will be accepted by the City Council. For additional information or assistance, please feel free to call me at 425-430-6502. Sincerely, Bonnie I. Walton City Clerk Attachments cc: Council Liason 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6510 / FAX (425) 430-6516 ® This paper costa ins 50°! recycled material, 30% post consumer RENTON AHEAD OF THE CURVF City_ of Renton_ Municipal Code; Title W, Chapter 8, Section 110-Appeals 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-11017: Appeals to City Council -- Procedures 1. Time for Appeal. Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiners written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4_ Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. if the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence_ The cost of transcriptiozi of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action. If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner sliould be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant_ (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) Alden & Tisha Linn Alden & Tisha 1_11in Nancy Terry 2907 Park Ave. N PO Box 2288 338 Pelly Ave. N Renton, WA 98056 Renton, WA 98056 Renton, WA 98057 Josephine Ganueias 335 Park Ave. N Renton, WA 98055 CITY OF RENTON APPEAL OF HEARING EXAMINER'S DECISION/RECOMMENDATIONN 0 V 0 1 2006 c ,T,) RENTON CITY COUNCIL RECEIVED FILE NO. � �� f `(i , " �� i``�f :;iTY G ERK'S OUCE APPLICATION NAME The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated // — 2p . 1. IDENTIFICATION OF PARTY APPELLANT: / Name: Address: REPRESENTATIVE (IF ANY): Name: Address: 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: FINDING OF FACT: (Please designate number as denoted in,the Examiner's Report) No. Error: Correction: CONCLUSIONS: No. Error: Correction: OTHER: No. Error: Correction: 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief. - Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: Other Appel] ant/Represetitative Signature Dh0e NOTE: Please refer to Title IV, Chapter 8, of the Renton Municipal Code, and Section 4-8-11 OF, for specific appeal procedures. }� FI:ICITY CLERKIAPPEAL\APPEAL to Council.doc City of Renton Municipal Code,• Title IV Chapter S Section 110 — Appeals 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-110F: Appeals to City Council — Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3_ Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten {10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5_ Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. in the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria; The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) Alden and Tisha Linn 2907 Park Ave N Renton WA 98058 October 31, 2006 City of Renton 1055 South Grady Way Renton, WA 98055 Dear Sir or Madam: Appeal of Hearing Examiner's Decision Project Name: 337 Park Ave N CITY OF RENTON Nov o 1 2006 RECEIVED CM CLERK'S OFFICE We are appealing the hearing examiners decision to our variance request to use a commercially zoned property as an office building. We have investigated all possible uses of the property and found that there is a great deal of demand for boutique office locations in this area. With the build out of the Landing project we have noticed numerous small boutique shops opening up in the area and specifically on Park Ave N. The property was originally bought to run my wife's interior design business out of but we now have a 6 month old son and our plans changed_ We decided to rent the property and presented it to numerous people as both a house and an office space. We did not have any interest in the property as a home and found that the best use of the property was as a boutique office type use. We currently have a lease agreement with Renton Realty to operate a real estate office out of the building contingent on this approval. Technically our variance request is to mitigate the landscape requirement for a commercial arterial property abutting an R-10 property_ The existing building is 13 feet 3 inches from the lot line_ The code requires the building to be 15 feet from the property line. We have thought about demolishing the building and building a new one but the feasibility and cost required for this prohibitive. We have looked at numerous layouts to build a new building and have not been able to come up with a layout that is of a significant improvement given the current codes restrictive setbacks for this size lot. Please see Exhibit A for a view the possible footprint of building that could be put on this lot. We are requesting approval of the variance request as stated by the planning department recommendation. We also have a signed document with the abutting neighbor with approval of the cities suggested plan. Exhibit B. Sincerely, T( , 1 1: ikal alil-_1 A11;4 Alden and Tisha Linn .77 A ,� N Josephine Ganuelas 335 Park Ave N y/ Renton WA 98055 October 6, 2006 City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Dear Sir or Madam-. Landscape specifications approval Project Name: 337 Park Ave N I Josephine Ganuelas residing at 335 Park Ave N approve Alden Linn whose property is adjacent to mine to remove my chain link fence and replace it with a wooden fence on my properly. I approve Alden's plan for replacing the fence, adding a climbing plant and planter boxes as designated in the "Office conversion landscape specifications" document attached. Sincerely, -. 4 � ,a� r 4i `_ JosephinelGanuelas L'- r f ter. l IIi4".' v'ZVr1 �} /l/[./ `C L I 6l�ivi L,v,n CITY OF RENTON U1� O City Clerk Division 1055 South Grady Way Renton, WA 98055 425-430-6510 ❑ Cash heck No. 1 OLr__-- Description: Funds Received From: ❑ Copy Fee Q Appeal Fee Name t � L I Address 7 ? City/Zip <" Y Receipt 0677 DateO� ❑ Notary Service Amount $ 75,70 0 City #qf, f Signature ekyia,), (D,4n City Clerk's Office Distribution List Appeal, Linn Office Conversion Landscape Variance LUA-06-108, V November 1, 2006 l 1 King County Journal 1 Ci Attorney LEaWarren 1 City Council * Julia Medze ian 1 EDNSP/Economic Development Alex Pietsch 1 Fire Dept/Fire Prevention Stan Engler 7 Planning Commission Judith Subia 4 Parties of Record* * (see attached list 1 PBPW/Administration GreggZimmennan 6 PBPW/Development Services Neil Watts Jennifer Henning Larry Meckling Janet Conklin Stacy Tucker Valerie Kinast 1 PBPW/Trans ortation Services Peter Hahn 1 PBPW/Utilities & Tech Services Lys Hornsby 1 LUA-06-0108 0 *Cover Letter & POR List only now& Appeal 11/1/06 AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON ) County of King ) ss. Nancy Thompson being first duly sworn, upon oath, deposes and states: That on the 23`6 day of October 2006, affiant deposited via the United States Mail a sealed envelope(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. i Signature: SUBSCRIBED AND SWORN to before me this day of 2006. Application, Petition or Case No.: ary Public in and for the State of Washington iding at _ �► �c= �-� , therein. Linn Office Conversion Landscape Variance LUA 06-108, V-H The Decision or Recommendation contains a complete list of the Parties of Record. HEARING EXAMINER'S REPORT E4 - 8 T23N POE W 1/2 4 01 liL t9 -u c -1) RM c CA(P) CD D r-D L---- z L -Sl 2nd SD eD CDf. Act OD 0- CD CD C a. o 'CD FjCD CD CD(P) C ram. CDCP t low-, R Bir c C13 rg�--.j UP CIJR(P) 'I,, \Aw CDR RC(P) G4 - 20 T23N R5E W 1/2 �° rA ZZONING — — — — Fwat A aty UmIf.0 r/B/m TscmancAL BMV= ozn6/% 17 T23N I Exhibit 4 H 5AV A -,-� Y,, � t �Q;bl A l-II-V i 4i 4 I I i i .1 I I I - I E I E � f I I I I I 1 I I I 1 1 i7 w z .0 �_ u C= Exhibit 2 0 ZZ: Qo LU Exhibit 3 Josephine Ganuelas 335 Park Ave N Renton WA 98055 October 6, 2006 City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Dear Sir or Madam: Landscape specifications approvai Project Name: 337 Park Ave N I Josephine Ganuelas residing at 335 Park Ave N approve Alden Linn whose property is adjacent to mine to remove my chain link fence and replace it with a wooden fence on my property. I approve Alden's plan for replacing the fence, adding a climbing plant and planter boxes as designated in the "Office conversion landscape specifications" document attached_ Sincerely, X _. Josephine Ganuelas 1 .i 'f -. Alden and Tisha Linn 2907 Park Ave N Renton WA 98056 City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Dear Sir or Madam: Office conversion landscape specifications Project Name: 337 Park Ave N This is the proposed landscaping specifications for 337 Park Ave N's landscape variance. 1. 95 feet of wood fence to be installed_ The first 15 feet will be 4 ft tall and the remainder will be B ft tall. The style of fence is attached. 2. Climbing wisteria or morning glory will be planted every 8 feet to grow up the fence posts and eventually grow and flower along the top portion of the fence. See attached picture of plants. 3. 3 planter boxes will be installed along the West portion of the fence line. See attached picture. Suggested sizes of planters as depicted in picture: 41 Inch Planter -41L 21W 13H Weight: 34 Ibs Item Count Unit Price Fence Cost 95 $ 17.95 Wisteria Cost 12 $ 29.95 Planters Cost 3 $ 139.95 Planters Plants 9 $ 14.95 Sub Total Taxes 8_8% Total Cost Best Regards, Alden and Tisha Linn Total Price $ 1,705.25 $ 359.40 $ 419.85 $ 134.55 $ 2,619.05 $ 230.48 $ 2,849.53 Noe I of 0 .. . , , .. ,.-- , ,,WW4 is ttp://marescustonifences.corn/images/fences_beveled/kirkland2.jpg 10/6/200f '4° wA ro. OA Mot �r►:.Y,,•w a w t y r Jtj-;'►f. ' a 'tit i Page I of l ittp://inages.simplyplanters.cam/mgen/master:WCOI9.jpg?is=3OO,3OO,Oxffffff&cvt jpg 10/6/20Of CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the T6 day of October, 2006, 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: Name Representing Alden & Tish Linn Owners/Applicants Nancy Terry POR (Signature of Sender): L<<3 F /1-frl, STATE OF WASHINGTON SS COUNTY OF KING i-"�•, rip � ',�' _= 2 s lip,] ,C) I certify that I know or have satisfactory evidence that Stacy Tucker � p+� signed this instrument and acknowledged it to be his/her/their free and voluntary act for k4q& i* purposes mentioned in the instrument. , 11 Dated: . ,0 13 L0,61 Notary (Print): My appointment expires: Notary Public in and for the State of Washington 0 Project Name: Linn Office Conversion - Landscape Variance Project Number: LUA06-108, V-H CITY OF RENTON HEARING EXAMINER PUBLIC HEARING October 10, 2006 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: Magnussen Preliminary Plat PROJECT NUMBER: LUA06-053, PP, ECF PROJECT DESCRIPTION: The applicant is requesting Preliminary Plat approval to subdivide a 8.37-acre site located in the Residential-8 dwelling units per acre (R-8) zone into 49 lots and 2 drainage tracts for the eventual construction of single family detached homes. The resulting net density would be 7.46 du/acre. The five existing homes on the site would be removed. The lot sizes would range from 4,517 square feet to 8,540 square feet New roads are proposed, extending NE 2nd Place and Field Avenue NE to loop through the new subdivision. Two detention ponds are proposed to manage surface water runoff. Buffers of an offsite Class 4 stream extend onto the site. A small portion of a Category 3 wetland, which was filled on the abutting parcel, extends onto the site also. Of the 260 significant trees on the site the applicant proposes retaining approximately 60. PROJECT NAME: Linn Office Conversion — Landscape Variance PROJECT NUMBER: LUA06-108, V-H PROJECT DESCRIPTION: The applicants are requesting approval from the Hearing Examiner of a variance from the landscape requirements in the CA zone. The subject lot is 47 ft. wide and 103 ft. long and an existing house is located on the front half of the site. Because the applicants are proposing to convert the house to an office use and the lot is abutting a residentially zoned property, a 15 ft. lanscape strip is required along the south property line. The applicants are also required to provide four onsite parking stalls. Given the lot width and placement of the existing house, it is not possible for the applicants to provide required parking and also the 15 ft. of landscaping. For this reason the applicants are requesting that the requirement to provide a 15 ft. wide sight -obscuring landscape stiip along the south property line to be reduced to zero. HEX Agenda 10-10-06 � � i I <, I V Exhibit 2 N 3-A-V A -�!l � rt- it Q..1I' ,® f i t M �Z 07 Exhibit 3 - 18 T23N R5E E 1/2 D c. x _u b `1 ttjurnett Ave. RM_U cr 1 o c .W1lliamd vr- d d �C`NI tj i RM-U : ty n n R-8 RM U R=8 R iD Wells d T't� tj ¢, 1 o CD..... t b d CD' x1 �`� OD o R_g Y R-8 o Q ,ti ty �77 .,.,.,.,: ... 3 D -- In °Ave. CD ty c R-8 R=8 I-40 �, > . R R-$ 'R-e Rio Rio BCP] CD RLR-8_ljellY I LAve. 1448 R 1D I R i0 R-10 ----...� R-10 R-10 a-8' ' R=g R-8' ''R I R iQ C. S R-8 GA Z R-i0 Pa i CA R-8 R-8� C CP7 ty s Cedar Ave. CA zv R 10 CN CN R 1 s Renton Ave. S r�7 e C-7° CM0 m 1> Garden A e. R-8J 70 R-8 R-8 R 10 pp, I1t R-8 R '"-" U 00 r' �, R a R- W Vim- R 10 R-8 R R-B R-8, R 1 R- RTs R R- { aC OrI Ave�T Rio n �. aD _ ,• � � a a a h,. m: r zr[aas'aNEULI-IP21 u VA + 7R)+ ,( Kathy Keoiker, Mayor ber 21, 2006 CITI �)F RENTON PlanningBuilding/PublicWorks Department Gregg Zimmerman P.E., Administrator Nancy Terry 338 Pelly Ave. N Renton, WA 98057 Subject: Linn Office Conversion Landscape Variance LUA-06-108, V-H Dear Ms. Terry: The Development Planning Section of the City of Renton received your letter regarding the above referenced project. Thank you for your interest. The lot is the same size as many other lots along Park Ave. N. Some of those lots are zoned commercial (CA or CN), generally at intersections, and some are zoned residential (R-10). Where a commercially zoned lot abuts a residentially zoned lot, the owner must provide a 15 ft. sight -obscuring landscape strip. The change of use of the subject property from residential to commercial is triggering this landscaping requirement. There have been a couple of changes of use from residential to commercial in houses in this area in the past few years. I don't think any have been on lots with abutting residential zoning though, so this issue hasn't come up. The problem that has come up is that in order to use the lot for a commercial use, as intended by the zoning code, the applicant must provide parking on the lot and also provide 15 ft_ of landscaping along one side of what is a very narrow lot. The applicant has proposed reducing just the landscaping. Staff may recommend reducing the parking stall length or drive aisle width, so that at least a small landscape strip is possible at the property line abutting the residentially zoned house. The decision will be made by the Hearing Examiner, who will hold a public hearing on the matter on Tuesday, October 101h at 9 am. He will consider the information he is presented and issue a report containing his decision about two weeks after the hearing. We have added you to the official party of record list for this land use application, so you will receive notification via mail of any decisions related to this project. Please feel free to contact me at 425-430-7270 with additional questions. Sincerely, Valerie Kinast Associate Planner 1055 South Grady Way - Renton, Washington 98055 MThis caner x nrafnc 1 no/ --i-i matp,im :tn i ., i RENTON AHEAD OF THE CURVE September 15, 2006 Valerie Kinast Associate Planner Development Services Division 1055 s Grady Way Renton WA 98055 RE: Project #LUA06-108 SEP 11 5 20M RECEIVED Mr. Linn has requested an exception to the landscape requirement for the soon to be office property. It appears this lot is the same size as other single family home lots along Park Avenue. My question is — have other similar exceptions been made for lots converted to commercial use along Park Avenue? If not, have those been able to comply? If so, I'm just concerned for the home directly south of this property having no buffer. Would this affect their property value negatively? Thank you, 1. w Nancy Terry 338 Pelly Ave N Renton WA 98057 City tenton Department of Planning / Building / P Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Rtrk's COMMENTS DUE: SEPTEMBER 15, 2006 APPLICATION NO: LUA06-108, V-H DATE CIRCULATED: AUGUST 31, 2006 APPLICANT: Alden Linn PROJECT MANAGER: Valerie Kinast PROJECT TITLE: Linn Office Conversion - Landscape Variance PLAN REVIEW: Ka ren Kittrick SITE AREA: 4,838 square feet BUILDING AREA (gross): 2,100 square feet LOCATION: 337 Paris Avenue N l WORK ORDER NO: 77642 SUMMARY OF PROPOSAL: The applicant is converting an existing single family home on a 4,838 sf lot in the Commercial Arterial (CA) zone to an office use. The applicant is requesting a Hearing Examiner variance to eliminate the requirement for a 15 ft, landscape strip along the south property line, which is required to buffer the commercial use from the residentially zoned and used property to the south. Due to the limited width of the lot, it is not possible to provide the required parking and driveway, and also the landscaping. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor impacts Probable Major impacts More Information Necessary Earth Air water Plants Land/Shorefine Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor impacts Probable Major Impacts More Information Necessary Housin Aesthetics Li ht/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. Signature of Director or -/ v4?Z�2 Date Citj 'onion Department of Planning / Building / Pt. . Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: PlanRev c, COMMENTS DUE: SEPTEMBER 15, 2006 APPLICATION NO: LUA06-108, V-H DATE CIRCULATED: AUGUST 31, 2006 1,, _, ,., .,,_, , APPLICANT: Alden Linn PROJECT MANAGER: Valerie Kinast RE C PROJECT TiTLE. Linn Office Conversion - Landscape Variance PLAN REVIEW: Ka ren Kittrick SFP n I ;,-, SITE AREA: 4,838 square feet BUILDING AREA (gross): 2,100 square feet LOCATION: 337 Park Avenue N WORK ORDER NO: 77642 SUMMARY OF PROPOSAL: The applicant is converting an existing single family home on a 4,838 sf lot in the Commercial Arterial (CA) zone to an office use. The applicant is requesting a Hearing Examiner variance to eliminate the requirement for a 15 ft. landscape strip along the south property line, which is required to buffer the commercial use from the residentially zoned and used property to the south_ Due to the limited width of the lot, it is not possible to provide the required parking and driveway, and also the landscaping. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable MAW impacts More information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources Kav,i, S. POLICY -RELATED COMMENTS C..y CODE -RELATED COMMENTS i �i 0-/ Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li hUGlare Recreation Utilities Transportation Public Services Historic/Culturaf 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 ar as where additional information is needed to properly assess this proposal. r i Si*are of Director or Authorized Representative Dat City enton Department of Planning / Building / P Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: , COMMENTS DUE: SEPTEMBER 15, 2006 APPLICATION NO: LUA06-108, V-H DATE CIRCULATED: AUGUST 31, 2006 , ,., ,,, , APPLICANT: Alden Linn PROJECT MANAGER: Valerie Kinast V d PROJECT TITLE: Linn Office Conversion - Landscape Variance PLAN REVIEW: Ka ren Kittrick SET' SITE AREA: 4,838 square feet BUILDING AREA (gross): 2,100 square fe LOCATION: 337 Park Avenue N WORK ORDER NO: 77642 SUMMARY OF PROPOSAL: The applicant is converting an existing single family home on a 4,838 sf lot in the Commercial Arterial (CA) zone to an office use. The applicant is requesting a Hearing Examiner variance to eliminate the requirement for a 15 ft. landscape strip along the south property line, which is required to buffer the commercial use from the residentially zoned and used property to the south. Due to the limited width of the lot, it is not possible to provide the required parking and driveway, and also the landscaping, A_ ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Lana%Shorefioe Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor impacts Probable Major impacts More Information Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historicicultural 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. :'� q Z 5i na re of Director or Authorized Representative Date City !enton Department of Planning / Building /P Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: SEPTEM Ei_1;5,-2OD$ APPLICATION NO: LUA06-108, V-H DATE CIRCULATED: AUGUST 31, 20 - APPLICANT: Alden Linn PROJECT MANAGER: Valerie Kinast r ~ PROJECT TITLE: Linn Office Conversion - Landscape Variance PLAN REVIEW: Ka ren Kittrick. 11G 3 SITE AREA: 4,838 square feet BUILDING AREA (gross): 2,100 square -feet. - LOCATION: 337 Park Avenue N WORK ORDER NO: 77642 - SUMMARY OF PROPOSAL: The applicant is converting an existing single family home on a 4,838 sf lot in the CommerciakArterial.. (CA) zone to an office use. The applicant is requesting a Hearing Examiner variance to eliminate the requirement for a 15 ft. landscape strip along the south property line, which is required to buffer the commercial use from the residentially zoned and used property to the south. Due to the limited width of the lot, it is not possible to provide the required parking and driveway, and also the landscaping_ A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS ky kv C. CODE -RELATED COMMENTS � 0 Q 111-2- Element of the Environment Probable Minor Impacts Probable Maor impacts More Information Necessary Housing Aesthetics L " ht/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10, 000 Feet 14,000 Feet We have reviewed this application w' h particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additi nal information eded to properly assess this proposal. , b§ Signature of ire or Author+zed Re. tative Date City _ _ , _enton Department of Planning / Building / Pu . Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: � e"(e ' COMMENTS DUE: SEPTEMBER 15, 2006 APPLICATION NO: LUA06-108, V-H DATE CIRCULATED: AUGUST 31, 2006 L" ' "" APPLICANT: Alden Linn PROJECT MANAGER: Valerie Kinast PROJECT TITLE: Linn Office Conversion - Landscape Variance PLAN REVIEW: Ka ren Kittrick SEP 01 r,A6 SITE AREA: 4,838 square feet BUILDING AREA (gross): 2,100 square fe LOCATION: 337 Park Avenue N WORK ORDER NO: 77642 SUMMARY OF PROPOSAL: The applicant is converting an existing single family home on a 4,838 sf lot in the Commercial Arterial (CA) zone to an office use. The applicant is requesting a Hearing Examiner variance to eliminate the requirement for a 15 ft. landscape strip along the south property line, which is required to buffer the commercial use from the residentially zoned and used property to the south. Due to the limited width of the lot, it is not possible to provide the required parking and driveway, and also the landscaping. A. ENVIRONMENTAL IMPACT (e.g. Non -Cade) COMMENTS Element of the Environment Probable Minor Impacts Probable Major impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS N61(E Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housin Aesthetics Light/Glare Recreation Utilities TranTortation Public Services HistonUCultural Preservation Airport Environment i0,000 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 wher dditional information is needq# to properly assess this proposal. Siortature o ❑irect r U'thorizM Representativ Date NOTICE OF APPLICATION A Master Application has bean filed and accepted with the Development Services Division of the City of Renton. The following briefly describes [he application and the necessary Public Approvals. PROJECT NAMEINUMBER, f rr C"ice Conversion - Landscape Variance r LLIA06-108. V-H PROJECT DESCRIPTION: The aoDhcant :s ❑onverting an existing single family home on a 4 838 sl lot,n the Commercial Arteral (CA) zone to ar offC Ise Trr.. appncant is rccuesting a Hearing Examine, variance to ell ine reculrament Far a 15 ft. Ian&e Dc stnp ah ng the scr.ih property hne, which is required to buffer the commercial use from the hill`rally zoned and urea prop?r.7 tc Ito so,rh. Due to the limped width of the lot, it is net possible to provide the required parking and driveway. and also the Izrds ao ng. PROJECT LOCATION: J3' =ark -venue N PUBLIC APPROVALS: r-L_ar rg Irahil Variance approval APPLICANAPROJECT CONTACT PERSON rode, Linn Te'. t425j 829-g707. Ell: aldeninn,ghotmail.com Commis is an the above application must be submitted in writing to Va lade Kil Associate Planner, Deveopment Services Division, 1055 South Grady Way, Renton, WA 68066. by 5:00 PM on September 15, 2006. This matter is also tentatively scheduled for a public hearing on October 10, 2006, at 9:00 AM, Council Chambers. Seventh Floor, Renton CRy Het 055 3oj:i Cray, t^Jay. RentonIf you are interested In auendmg the hearing please contact the Developmenl Sena ce Dmmmr 1. er xe thal tie frearinp has not been rescheduled al A251 430-72K. If comments cannol be submirted n wn: Pig cry :re oa-.c inCllczl ed above, yoj may still appear at the hearing and present your commel is oa the propnsabefore rte Llearirg Examner. IF you have questions about this proposal, or wish to be made a party of record aer. ri add,ril not`icalion by mail contact the Project Marl at (425) 430-7270. Anyone who submes w4den Pnenfs -,v! aolcmal tally tecome a party of record and will be notified of any enciswn on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE lDENTIFICA710N DATE OF APPLICATION: August 10, 2006 NOTICE OF COMPLETE APPLICATION: August 31, 2006 DATE OF NOTICE OF APPLICATION: August 31, 2006 arI7 1 SITE N 74th t ` rw I �4 > rot > i Cl L ; CL: t7r ' 44 W ay It you would like to be made a tarty _aton f rscnre. ;� rece�e further informon rhis proposer, project. ccmpiete [his loan and rewrn to Cily of Renton. Deve opmer: rlarmna i j55 South Grady Way, Renton WA 98055 File Name i No. Linn Oifce Crnsers,an - _arescape ✓ariance+ LUA06-1115, V,N NAME MAILING ADDRESS. TELEPHONE NO.. CERTIFICATION I ,�� ,hereby certify that 3 copies of the above document were posted by me in 3 conspicuous places or nearby the described propertyIN SIL ti 1 ! SIGNED:; DATE: ATTEST: Subscribed and swum before me, a Notary Public, in and for the State of Washington residing in; S r r _ on the —day of N ARY P BLIC SI CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 31" day of August, 2006, I deposited in the mails of the United States, a sealed envelope containing Acceptance Ltr & NOA documents. This information was sent to: Name Representing Alden Linn Owner/Applicant/Contact Surrounding Property Owners - NOA only See Attached (Signature of Sender): ,{J' STATE OF WASHINGTON SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument.4�(NN Hr �►,. Dated: b - -�) i - a LP Notary Public in an Notary (Print): My appointment expires: �D— III - C `< "SUN the S# W6slh CA �a�4. ARIA► l' 0(0'0 iii Project Name: Linn Office Conversion - Landscape Variance Project Number: LUA06-108, V-H 722500019004 722400049002 722400059506 BALCOM BARBARA A BUSHARD JAMES A+RITA A COLEE JEFFREY J 341 PELLY AVE N 350 PELLY AVE N 330 PARK AVE N RENTON WA 98055 RENTON WA 98055 RENTON WA 98055 722400051503 722500017503 722400046008 DERRY LUELLA H DEWILDE JACOB D+DANIELLE T DOBSON WYMAN K 900 CUMBERLAND RD 329 PELLY AVE N PO BOX 59 GLENDALE CA 91202 RENTON WA 98055 RENTON WA 98057 722500018501 722400069505 722400046503 DOW NANCY ESCOM MANAGEMENT LLC GANUELAS JOSEPHINE 337 PELLY AVE N 15513 SE 53RD PL 335 PARK AVE N RENTON WA 98055 BELLEVUE WA 98006 RENTON WA 98055 722400062005 722500016505 722400053004 GHIOTTO GAYLE GIOMETTI RAYMOND+LORI GOTTI EUNICE M 350 PARK AVE N 323 PELLY AVE N 322 PELLY AVE NORTH RENTON WA 98055 RENTON WA 98055 RENTON WA 98055 722400060504 722400061502 722500017008 GOYETTE MARC+MARGO HAHN TODD M+CASSANDRA M LANDON PEARL 4506 FOREST AVE SE 1350 INDEX AVF NE #2 3311 25TH AVE S MERCER ISLAND WA 98040 RENTON WA 98056 SEATTLE WA 98144 722400047006 722400045000 722500018006 LINN ALDEN & TISHA MCCLINTON MACK+JENNIFER MOORE STEPHEN G+PAMELA A PO BOX 2288 323 PARK AVE N 14636 196TH AVE SE RENTON WA 98056 RENTON WA 98055 RENTON WA 98059 722400061007 722400053509 722400060009 NW FOUR SEASON LANDSCAPING POZZI MICHAEL F+MARY E RENTON SCHOOL DIST 403 J&E MIRACLE PRODUCTS 17822 SW 102ND ST 435 MAIN AVE S PO BOX 1441 RENTON WA 98059 RENTON WA 98055 RENTON WA 98057 722400044003 722500018105 722500019509 SABOUR-MOHAJER HOSSEIN SHEFFEY TYRONE P+MELISSA SMITH JOHN F+SHARON L 5031 RIPLEY LN N 335 PELLY AVE N 12216 164TH AVE SE RENTON WA 98056 RENTON WA 98055 RENTON WA 98059 722400052501 722400059001 722400047501 SORIANO MERCEDITAS MONILLAS STEPHENSON GORDON ET AL SUMM'S INC 326 PELLY AVE N 8001 14TH AVE NE 547 PELLY AVE N RENTON WA 98055 SEATTLE WA 98115 RENTON WA 98055 722400051008 722400052006 722400050505 TERRY TIMOTHY M & NANCY A TIDBALL MARCIA K TOURANGEAU JAMES L+KARYN L 338 PELLY AVE N 330 PELLY AVE N 340 PELLY AVE N RENTON WA 98055 RENTON WA 98055 RENTON WA 98055 722400082003 722400049507 722400081500 TRAN HAN+HANH VO ULRICH SAMSON VANDIVER G A 1002 N 4TH ST 346 PELLY AVE N 406 PELLY ST RENTON WA 98055 RENTON WA 98055 RENTON WA 98055 - %2 City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME: lyjvo ADDRESS: CITY. ZIP. TELEPHONE NUMBER: APPLICANT (if other than owner) NAME: 5 f-L L Yl COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER CONTACT PERSON NAME: f COMPANY (If applicable): ADDRESS: c po CITY: n � ZIP: TELEPHONE NUMBER AND E-MAIL ADDRESS: j PROJECT INFORMATION I PROJECT OR DEVELOPMENT NAME: S�7 Arl/4- ) -e_ � PROJECT/ADDRESS(S)/LOCAT ION AND ZIP CODE. KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): EXI TING LAND USE(S): j} PROPOSED LAND USE(S): 0(—Yl C42 EXISTING COMPREHENST P IT DESIG TION: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): EXISTING ZONING: Cc Y Or 4 PROPOSED ZONING (if applicable): SITE AREA (in square feet): 9 'F� el, I f t- SQUARE FOOTAGE OF PUBLIC AYS TO BE DEDICATED: SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): NUMBER OF PROPOSED LOTS (if applicable): NUMBER OF NEW DWELLING UNITS (if applicable): Q: weblpw/de vservlformslplaaning/masterapp.doe 1 071M05 PROJECT INFORMATION lcontin NUMBER OF EXISTING DWELLING UNITS (if applicable): 1 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING. RESIDENTIAIJ/00 'Iry BUILDINGS TO REMAIN (if applicable): /;-,Ic) A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL. BUILDINGS (if applicable): ! .2d 5 SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY.THE NEW PROJECT (if applicable): PROJECT VALU IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. R. ❑ GEOLOGIC HAZARD sq. ft. Cl HABITAT CONSERVATION sq. ❑ SHORELINE STREAMS AND LAKES sq. ft. D WETLANDS sq ft. LEGAL DESCRIPTION OF PROPERTY Attach legal. description on se arate sheet with the following information incltuded SITUATE IN THE QUARTER OF SECTION L2, TOWNSHIP RANGE, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: i . 3. 2. 4. Staff will calculate applicable fees and. postage: $ AFFIDAVIT OF OWNERSHIP 1, (Print Names) _- If t ��` 1 + G� b declare that I am (please di)ck one) v the current owner of the property involved in this application or the authorized representathre to ad for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein owtained and the information herewith are In all respects true and correct to the best 1mr emote,and belief. I certify that I lmow or have satisfactory evidence that f �t 3 � L j 4 signed this instrument and acknowledged it to be hlsJhedlherr tree and voluntary act for the uses and purposes mentioned In the instrument. (Signature of Owner/Reptesentative) Notary PUNIC in and for the State of Washington Notary (Print) _ '6 f/ w f lam' My appointment expires: 3� m bb Q: weblpw/devserv/forms/planniog/masterapp.doe 2 07/29/05 DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIReMENTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section PROJECT NAME: -55 wk- (, L V DATE: AUG ..' . 0:1WEBlPMDEVSERV1FormslPlanninglwaivers.xls 2 05/22/2006 DEVELOPMENT SERVICES DIVISION WAIVE OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1. Property Services Section PROJECT NAME: _S_ 3 �Tdrk t� r)&y 2. Public Works Plan Review Section 1 3. Building Section DATE: �-b� f 00 4. Development Planning Section Q:1WEB%PMDEVSERV1Forms%Pl2nninglw2ive(S,XIS 1 05/22/2006 Alden and Tisha Linn AUG 2907 Paris Ave N Renton WA 98056 August 8, 2006 City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Dear Sir or Madam: Justification for the Variance Request Project Name: 337 Park Ave N We are proposing a side yard landscaping setback adjustment. The property is located on a commercial arterial lot at 337 Park Ave N, Renton WA 98055 and is adjacent to an R-10 lot which is the reason for the variance request. Commercial Arterial lots require a 15ft landscaped setback when abutting an R-10 zoned lot. Our building currently has 13 feet 3 inches currently used as the driveway between it and the neighboring lot (See pictures attached). It is proposed that the house be converted to office space because of the undue hardship caused by its location and surroundings. The property is located next to The Dog and Pony Bar and Grill (351 Park Ave N) that has a beer garden 7 feet directly south of the home. The beer garden is open from 10 am till 2 am and often has movie nights where they project movies onto the exterior of their building and provide audio thru an exterior speaker system. They also always play music in the beer garden for their patrons during those hours. In addition to that, the two bedrooms on the main floor of the house are located directly next to the beer garden. The location of the house, the location of the rooms within the house, and the surrounding noise levels of the beer garden make the property unusable as a house. The strict application of the building and zoning code is preventing the use of the property as a house. No other properties that are located on commercial arterial zoned land are directly adjacent to a Bar with an exterior Beer Garden that operates during extended hours. The granting of the side yard landscaping variance to convert to office usage will not be materially detrimental to the public because it will act as a buffer from the intensive retail usage of The Dog and Pony Bar and Grill. It will also provide a space for a valuable community service consistent with the current commercial arterial zoning guidelines and will beautify the neighborhood with the planned property improvements. The approval of a reduced side yard landscaping setback in order to use the property as an office space provides no special privileges that any other properties in the vicinity with similar zoning don't already have. There are numerous houses that are currently being used as commercial offices nearby. These buildings are being used as mortgage brokerages, dental offices, landscaping headquarters, dog groomers etc. All of which are low traffic, low intensity uses, The approval for commercial arterial usage of a building that sits on existing commercial arterial zoned property is also the minimum variance requested for this type of usage and is consistent to the uses of the nearby buildings in the area. This zoning is also consistent with the zoning in the comprehensive plan. Sincerely, Alden and Tisha Linn r, r Alden and Tisha Linn 2907 Park Ave N Renton WA 98056 August 8, 2006 City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Dear Sir or Madam: Project Narrative Project Name: 337 Park Ave N AUG �. We are proposing a side yard landscaping setback adjustment for a property that needs 15 feet but currently has 13 feet 3 inches between the existing building and the lot line. The property is located on a commercial arterial lot at 337 Park Ave N, Renton WA 98055 and is adjacent to an R-10 lot which is the reason for the setback. The lot is 4838 sq/ft and contains two structures; a home that is 2100 gross sq/ft with net usable area of 1220 usable sq/ft and a detached garage that is 294 sq/ft. The property is currently vacant and has been for 9 months. There are no special site features since the property is flat with no wetlands, slopes, or water bodies near by. All drainage from the property goes to a catch basin that is located in the alley near the northwest corner of the garage. The soils around the property are a sandy river bed material. The property can be accessed from Park Ave N as well as from an alley in the rear. The property is zoned commercial arterial and is adjacent other commercial arterial zoned land to the North and East. To the South and West the properties are zoned R-10 and R-8 respectfully. It is being proposed that the house be converted from a residential use to an office use. The estimated project cost is the $500 application fee. Sincerely, Alden and Tisha Linn Alden and Tsha Linn 2907 Park Ave N Renton WA DW56 August 8, 2006 City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Dear Sir or Madam: Project Narrative (Additional Information) Project Name: 337 Park Ave N We currently have a signed lease with Renton Realty to lease this building as an office space. They are very anxious to get into the building quickly which is why we are submitting the variance request so soon. The lease we have signed with them is conditional upon us getting approval from the city to use the building as an office. Renton Realty is a new business operated by one of the brokers that previously operated out of Treasured Homes Realty in down town Renton on S 3f° Street. This is the best possible tenant for the building since they are a low traffic type of business. I have spoken with all of the neighbors in the surrounding area and had no opposition to using the space as an office_ We were initially going to use the property for my wife's interior design business as a home office but that all changed when our new son was born a few months ago. Since then we've been trying to rent the property and have had no interest in the property as a residence due to the location next The Dog and Pony's beer garden. However, we have been contacted by many people interested in the building as office space. We've had numerous businesses want to locate in the building but feel that a Realty office is the best use of the property. Some of the businesses we've been contacted by that have shown interest in the property include; flower shop, computer repair shop, auto detail shop, massage parlor, multiple hair salons, therapist and finally an accountant. The amount of interest in the property exemplifies the demand for this type of office on Park Ave N. As the Landing project completes within the next year or so the demand for this type of product I think will increase as more and more small shops try to take advantage of the larger retailer's presence. We hope that this conversion is seen as a benefit to the City of Renton's tax base as well as an opportunity for a small business to provide a much needed service in that area. Sincerely, Alien and Tisha Linn L f i . 7T. , 02 ■n as x,. e ffi� kw ti ATLAS` '60 EATTU GOPYRIGWED Z PUBUSHED BY KROLL MAP COUPANY, INC., SEATTLE SCALE: i INCH = 200 FEET Alf ig �} .i �' Q i.•-tfM�.� b q Y€ „'xv3FR 1•:2 111 '11 l tt t e: 3 � 1 ti I .4 ib M. El O'. k .. .>y>:... .. g . ..y� . .. �j � \ ~u r I '. 1 w _ t - SAL I v +!9MX3 Fidelity National Title Company of Washigton4: Underwritten by Fidelity National Title Insurance Company 3500 188th St. SW, Suite 300 Lynnwood, WA 98037 (425)771-3031 / (425)640-3500 Fax No. (425)670-2109 BRAZEN REAL ESTATE INC 10138 MAIN ST BELLEVUE, WA 98004 Attn: Tisha Linn RE: Linn/ 337 Park Avenue North, Renton, WA 98055 Escrow No. TITLE ORDER NUMBER: 9-2006084645 Thank you for giving us the opportunity to serve you. We appreciate your business and will strive to merit the confidence you have shown in us. Enclosed: PRELIMINARY TITLE COMMITMENT 1 st Report Please call us whenever we can be of further assistance. Fidelity National Title Company of Washington Fidelity National Title Company of Washington ' Underwritten by Fidelity National Tide Insurance Company 3500 188th St SW, Suite 300 Lynnwood, WA 98037 (425)771-3031 /(425)640-3500 Fax ft. (425)670-2109 Direct Line: (425) 640-3500 To// Free: 1-800-776-3021 Unit: 9 TITLE ORDER NUMBER: 9-200 084641 TO: BRAZEN REAL ESTATE INC UNIT: Bill Fisher, Senior Title Officer email: bWer@fnf.com phone: (425) 771-3031 x 600 10138 MAIN ST BELLEVUE, WA 98004 Attn: Tisha Linn Your Number: Reference Name: TITLE ORDER NUMBER: 9-2006084645 1st Report A.L.T.A COMMITMENT SCHEDULE A Commitment Effective Date: July 31, 2006 at 08:00 AM 1 Policy (or Policies) to be issued: Policy Amount Owner's Policy ( ALTA Owner's Policy (10/17/92) } Proposed Insured: Premium: TO FOLLOW Tax: Loan Policy ( ALTA Loan Policy (10/17/92) ) Proposed Insured: Premium: APPROPRIATE LENDER Tax: 2. The estate or interest in the land described herein and which is covered by this Commitment is Fee Simple. 3. The estate or interest referred to herein is at Date of Commitment vested in: Alden M. Linn and Tisha S. Linn, husband and wife 4. The land referred to in this Commitment is situated in the County of King* State of Washington, and is described as follows: See Attached FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON Title Order Number: 9-2006084645 LEGAL DESCRIPTION Lot 10, Block 6, Renton Farm Plat, according to the Plat thereof recorded in Volume 10 of Plats, Page(s) 97, records of King County, Washington. Situate in the County of King, State of Washington NOTE FOR INFORMATIONAL. PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 66.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. Lot 10. Blk 6, Renton Farm Plat This property is located in King county. Recording to be delivered to: Fidelity National Title Co., 720 Olive Way #515. Seattle, WA 98101 FIDELITY NATIONAL TITL )MPANY OF WASHINGTON ALTA Commitment, Page 3 of 6 Title Order Number: 9-2006084645 SCHEDULE B The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 11. Schedule B of the Policy or Policies to be issued (as set forth In Schedule A) will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. B. GENERAL EXCEPTIONS: 1. Taxes or assessments 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 record. Proceeding by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession 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 would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records (d) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitude. Any lien, or right to a lien, for services, labor or materials theretofore or hereafter furnished, imposed by law and not shown by the public records. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. 8. 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. FIDELITY NATIONAL TITL _ :)MPANY OF WASHINGTON ALTA Commitment, Page 4 of 6 Title Order Number: 9-2006084645 SPECIAL EXCEPTIONS Lien of any real estate excise sales tax upon any sale of said property if unpaid. The subject property is located in King county. The excise tax rate is 1.78°%. 2. GENERAL TAKES PAYABLE AFTER FEBRUARY 15TH: THE FIRST HALF TAXES ARE DUE PRIOR TO MAY 1ST; THE SECOND HALF TAXES ARE DUE PRIOR TO NOVEMBER 1ST: Year: 2006 Amount Billed: $2.555.80 Amount Paid: $1,277.90 Amount Due: $1.277.90 Tax Account No.: 722400-047U6 Levy Code: 2100 Value of Land: $45,000.00 Value of Improvements: $168,000.00 To expedite payment of your taxes, you may mail the payment direct to: King County Treasurer 500 4th Ave, Room 600 Seattle, WA 98104 3. DEED OF TRUST AND ADDITIONAL ADVANCES, IF ANY, AND THE TERMS AND CONDITIONS THEREOF: Grantor: Alden M. Linn, Tisha S. Linn, husband and wife Trustee: The Talon Group Beneficiary: American Brokers Conduit Original Amount: $169,400.00, plus interest Dated: November 14, 2005 Recorded: November 18, 2005 Recording No.: 20051118001466 4. The name(s) of the proposed insured has not yet been revealed or searched. Matters disclosed against their names must be considered If and when said parties acquire an interest in said premises. 5. To provide an Extended Coverage Lenders Policy, General Exceptions 1, 5 and 7 are hereby deleted. General Exceptions 2, 3, 4, 6 and 8 will be considered when our Inspection and/or Survey, if required, is completed. A Supplemental Report will follow. We will inform you later whether the 100 Endorsement will issue with the forthcoming lenders policy. 6. QUESTION OF THE EXISTENCE OF AN "AUTOMATIC HOMESTEAD': If the subject property is or will be the residence of a marital community, even though the interest therein may be intended to be held as a separate or community interest, execution of the proposed conveyance, contract to convey, or encumbrance must be by both husband and wife by reason of RCW 6.13 which provides for "automatic homestead." EXECUTION UNDER A POWER OF ATTORNEY WILL NOT PROVE ACCEPTABLE UNLESS FIRST APPROVED BY THIS COMPANY. END OF EXCEPTIONS FIDELITY NATIONAL TITL OMPANY OF WASHINGTON ALTA Commitment, Page 5 of 6 Title Order Number: 9-2006084645 NOTE I: The legal description shown in Schedule A was determined from the property address provided at the time of application. The description should be examined and approved by all the parties to this transaction prior to closing, NOTE 2: The following documents were recorded In the last 24 months Warranty Deed Dated November 18, 2005 Recording No(s): 20061118001465 NOTE 3: The address of the property is: 337 Park Avenue North Renton, WA 98055 NOTE 4: Examination of the records discloses no judgments or other matters pending against the name of the vested owner. END OF NOTES FIDELITY NATIONAL TITL_ _ OMPANY OF WASHINGTON ALTA Commitment, Page 6 of 6 Title Order Number: 9-2006084645 In the event this transaction fails to close and this Commitment Is canceled, a fee will be charged to comply with the State insurance Code and the filed Schedule of this Company. The sketch attached is provided as a courtesy only by Fidelity National Title Company of Washington, without charge, for your information. It is not intended to be a Survey or to show all matters relating 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 Title Commitment or Policy to which It is attached. The Company assumes NO LIABILITY for the correctness of any matter related to this sketch. Reference should be made to an accurate survey for further information. August 4, 2006 rs cc: Fidelity National Title Company Tisha S. Linn and Alden M. Linn BRAZEN REAL ESTATE INC Tisha Linn THANK YOU FOR YOUR ORDER IF WE MAY BE OF FURTHER ASSISTANCE, PLEASE GIVE US A CALL Order: 9-2006084645 Fidelity National in ial Group of C m nle ' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by us, our affiliates, or others; • From our internst web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers, We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure Is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 460 Caile REal, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Printed: 08-10-2006 Payment Made: CITY 4F RENTON 1055 S. Grady Way Renton, WA 08055 Land Use Actions RECEIPT Permit#: LUA06-108 08/10/2006 09:51 AM Total Payment: 500.00 Current Payment Made to the Following Items: Receipt Number: Payee: ALDEN M LINN Trans Account Code Description Amount 5022 000.345.81.00,0019 Variance Fees 500.00 Payments made for this receipt Trans Method Description Amount Payment Check #5381 500.00 Account Balances Trans Account Code Description 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00,0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345,81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 604.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 Balance Due .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 _00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 AUG L R0604013