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HomeMy WebLinkAboutLUA-05-129N {(oOl SEI~K. VN!.IANt£ c;'T£ flA-N - Lo\A~A House Ati)\lloAJ \c;d~ 51' 3 II ---i \0'9" T £y.15.TvJ6, '15' J-tOuSI.i _. -LJ-__ ---.,-- f ~ ZJ' 15,,1, J ------If I 10-/7 -os Pr-w L -t-~NJ.f4-~ I bs '2 IAJ~ef. ~vc:. ~£. ~A)( wA 3f{os-8 P~o{bSE]) AD!) j rlDN CAr<pOf!---a CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS MEMORANDUM Date: February 24, 2006 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. r;' , Project Name: , LUA (file) Number: ~ Cross-References: ; ~ AKA's: i Project Manager: i Acceptance Date: I Applicant: I Owner: Contact: Rutt Side Yard Setback Variance LUA-05-129, V-A Valerie Kinast December 15, 2005 Paul & Donna Root Paul & Donna Root Paul & Donna Root 8645511340 I PID Number: !------------------------------------'J '~ . . ~ ERC DeCISion Date: ; ERC Appeal Date: i Administrative Denial: l Appeal Period Ends: January 12, 2006 January 27, 2006 Public Hearing Date: Date Appealed to HEX: I "By Whom: ~_H_E_X_D_e_c~is_io_n_: _____________________ D_a_te_: __________ ;~ ; Date Appealed to Council: ! ,; By Whom: , Council Decision: Date: ,--------------------------------------: ~ Mylar Recording Number: ~-~-~--~-----------------------------------~ ~ Project Description: The applicant is requesting a variance from the 5 foot setback requirement , in the R-8 zone. The variance is requested to reduce the side yard setback to 5 inches in order to ~ retain a carport that was built without a permit within the required setback area. Sensitive slopes, i over 40% which cannot be built on encumber much of the lot. j Location: 1632 Index Avenue SE '-------------------------------------~ ~ Comments: , ~ t ~ ~ .• ..,.,-w~4'I'-1"~,.~~_~ ____ p_I.1Si ...... _ ... __ Paul & Donna Root 1632 Index Avenue SE Renton, WA 98058 (owner / applicant) Updated: 12/30/05 PARTIES OF RECORD ROOT SETBACK VARIANCE LUA05-129, V-A Arlen J. Notch 1405 Harrington Avenue SE Renton, WA 98058 (party of record) (Page 1 of 1) Kathy Keolker, Mayor February 7, 2006 Paul & Donna Root 1632 Index Avenue SE Renton, WA 98058 SUBJECT: Root Setback Variance LUA05-129, V-A Dear Mr. & Mrs. Root: CITY., RENTON PlanningIBuildingIPublic Works Department Gregg Zimmerman P.E., Administrator This letter is to inform you that the appeal period ended on January 27, 2006 for the Admin'istrative Variance denial. No appeals were filed. This decision is final. If you have any questions regarding the report and decision issued for this Administrative Variance denial, please call me at (425) 430-7270. Sincerely, Valerie Kinast Associate Planner cc: Arlen J. Notch / Parties of Record -------lO-S-S-S-ou-th-Gr-a-dy-W-a-y---R-en-t-on-,-W-as-h-in-gt-o-n-9-g0-S-S------.~ ® This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE REPORT & DECISION DECISION DA TE Project Name Owners/Applicant: File Number Project Description Project Location City of Renton Department of Planning / Building / Public Works ADMINISTRATIVE VARIANCE LAND USE ACTION January 12, 2006 Root Setback Variance Donna and Paul Root, 3632 Index Ave. SE, Renton, WA 98058 LUA-05-129, V-A Project Manager Valerie Kinast The applicants are requesting an administrative variance from the 5-foot side yard setback required in the Residential - 8 dwelling units per acre (R-8) zoning designation. The applicants propose a setback reduction to 5 inches in order to retain a carport that was built without a permit within the required setback area. The buildable area of the lot is limited due to protected slopes (over 40% slope), which encumber much of the lot. 1632 Index Ave. SE Gross Floor area of 429 sq. ft. Proposed Carport Gross Floor Area of Existing House 1,400 sq. ft. Site Area 20,202 sq. ft. total lot area Approx. 7,000 sq. ft. bUildable lot area Lot Coverage with Proposed Carport 9% City of Renton PIBIPW Department ROOT SETBACK VARIANCE Adminis e Variance Staff Report LUA-05-129, V-A REPORT AND DECISION OF January 12,2006 Page 2 0'6 A. Type of Land Use Action Conditional Use Binding Site Plan Site Plan Review Shoreline Substantial Development Permit Special Permit for Grade & Fill Administrative Code Determination X Administrative Variance B. Exhibits The following exhibits were entered into the record: Exhibit 1: Yellow file containing: application, proof of posting and Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: publication, and other documentation pertinent to this request. Zoning Map (dated 12/28/2004) Site Plan (dated 09/07/2005) Slope Map (dated 06/08/2001) Photos of Subject Carport Photos by applicant of similar projects in vicinity Notice of Violation (dated 10/10/2005) c. Project Description / Background: The applicants, Donna and Paul Root, are requesting approval of an administrative variance from RMC 4-2-110A to reduce the required minimum 5-foot side yard setback in the R-8 zone to 5-inches. The subject site is located at 1632 Index Ave. N. The house is located in a single-family home subdivision in the R-8 zone (see Exhibit 2, Zoning Map). Zoning to the east, south and west is R-8. The lot slopes steeply downward to the north, to abutting SE Royal Hills Dr., and beyond that, a multi-family housing complex in the RM-F (Residential Multi-Family) zone. The site contains an existing approximately 1,400 sq. ft. house with a two-car garage (see Exhibit 3, Site Plan). A 429 sq. ft. carport was recently added at the east side of the house without permits (see Exhibit 5, Photos of Carport). On 10/10/2005 a code compliance citation was issued to the owner (see Exhibit 7, Notice of Violation). The side yard setback variance is requested in order to retain the carport. The development standards of the R-8 zone require a minimum side yard setback of 5 feet. The applicant is requesting a variance in order to reduce the side yard setback to 5 inches. Lot coverage of the site including the home and the carport would be approximately 9%. Without the carport, the existing house covers approximately 7% of the lot. ADMV AR Root Setback.doc\ City of Renton PIBIPW Department ROOT SETBACK VARIANCE REPORT AND DECISION OF January 12, 2006 D. Staff Analysis: CONSISTENCY WITH VARIANCE CRITERIA Adminis e Variance Staff Report LUA-05-129, V-A Page 3 0'6 The Renton Municipal Code, Section 4-9-250B.5., lists four criteria that the Zoning Administrator must consider, along with all other relevant information, in making a decision on an Administrative Variance application. The Zoning Administrator shall have authority to grant an administrative variance upon making a determination, in writing, that the conditions specified below have been found to exist: a. That the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification: The applicants contend that special circumstances apply to the subject site, which impose undue limitations on the lot. Specifically, the applicants indicate that the steep slopes on the property render much of their lot unusable. The portions of the slopes over 40% are protected as critical areas by the City of Renton development regulations, and may not be built on. The portion of the lot north of the slope is also not usable, because it is separated from the house by the steep slopes. The subject lot is thus more encumbered than the standard single-family lot in the R-B zone and cannot be used to the extent that other lots in the vicinity are used. Approximately 7,000 sq. ft. of the lot area is not encumbered. This is more than the minimum lot size of 5,000 sq. ft. required of new subdivisions in the R-B zone. Although the topography of the lot limits the use of the lot, staff considers there is sufficient land available for a home and accessory structures. b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated: Granting of the front-yard setback variance can be deemed materially detrimental to the public welfare and injurious to the property in the vicinity. The variance would allow the carport to be located 5 inches from the side property line, which would not meet the City of Renton development regulations minimum setback requirement of 5 feet in the R-B zone or the International Residential Code R302.1 setback requirement of 3 feet for attached accessory structures. These regulations are in place to reduce fire risk and protect the public welfare. Furthermore, as purported in a letter received during the comment period for the Notice of Application from a property owner in the vicinity, approval of the variance, and the precedence it would set, would compromise the aesthetics of the neighborhood and likely reduce property values in the future. The applicant contends that the carport would not be injurious to property in the vicinity and supports this with documentation of many similar carports in the neighborhood, pointing out that this is a building type and quality that is generally in keeping with the neighborhood. Several of the examples submitted are not located ADMV AR Root Setback.doc\ City of Renton PIBIPW Department ROOT SETBACK VARIANCE Adminis e Variance Staff Report LUA-05-129, V-A REPORT AND DECISION OF January 12, 2006 Page 4 of 6 in the City of Renton. None of the carports located within Renton given as examples were built with required permits. c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated: Approval of the variance to allow the owners to build in the setback area, when other property owners with similarly sized lots in the R-8 zone must retain required setbacks can be deemed a grant of special privilege. Despite the steep slopes on the lot that limit development of a portion of the site, approximately 7,000 sq. ft. of the lot area is not encumbered. The useable portion of the lot is similar in size and shape to lots in the vicinity where development would be required to meet setback requirements. d. That the approval as determined by the Zoning Administrator is a minimum variance that will accomplish the desired purpose: Granting of a variance for a 5-inch side yard setback would likely not be the minimum variance necessary to accommodate a covered area for a third car on the lot. The R-8 zone permits detached accessory structures with no setback from the lot line if they are located at least 6 feet from the primary structure and they are completely in the rear yard area. It appears the owners would be able to build a detached carport or garage further back on the lot from the proposed location and still meet the zoning requirements. FINDINGS, CONCLUSIONS & DECISION Having reviewed the written record in the matter, the City now makes and enters the following: E. Findings 1) Request: The applicant has requested approval for an administrative variance from the required minimum 5-foot side yard setback in the R-8 zone (section 4-2-11 OA) for the east side yard of the property located at 1632 Index Ave. SE. A reduction of the side yard setback to 5 inches is requested in order to accommodate a carport. 2) Administrative Variance: The applicant's administrative variance submittal materials comply with the requirements necessary to process a variance. The file containing the application and other project materials is provided as Exhibit 1. 3) Existing Land Use: Land uses surrounding the subject site include: North: Residential Multi-Family (RM-F); South: single-family residential (R-8); East: single- family residential (R-8); and West: single-family residential (R-8). 4) Zoning: The site is located in the Residential - 8 (R-8) dwelling units per acre zone. The development standards for this zone require a 15-foot front yard setback for the primary structure and a 20-foot front yard setback for the garage or carport, 5-foot interior side yard setbacks and a 20-foot rear yard setback. The maximum allowable ADMV AR Root Setback.doc\ City of Renton PIBIPW Department ROOT SETBACK VARIANCE Adminis e Variance Staff Report LUA-05-129, V-A REPORT AND DECISION OF January 12, 2006 Page 5 of 6 lot coverage is 35% for lots greater than 5,000 sq. ft., or 2,500 sq. ft., whichever is greater. 5) Topography: The topography of the site is generally flat at the front one-third of the lot and then steeply sloping downward toward the north on the remaining two-thirds of the lot. 6) Lot and Building Size: The total site area is approximately 20,202 sq. ft. The existing single-family home has a footprint of approximately 1,400 sq. ft. resulting in 7% lot coverage. The new carport has a footprint of approximately 429 sq. ft. resulting in 9% lot coverage. 7) Variance Criteria: The applicant has not demonstrated that the four criteria for granting of a variance set forth in Renton Municipal Code set forth in RMC Section 4- 9-250B.5 can be met. Analysis of the variance justification by the applicant is laid out in section D of this report. F. Conclusions 1. The subject site is located at 1632 Index Ave. SE, within the Residential - 8 Dwelling Units per Acre (R-8) zoning designation. 2. The R-8 zone requires a minimum 15-foot front yard setback for the primary structure, 20-foot front yard setback for the garage, 5-foot side yard setbacks and a 20-foot rear yard setback from the property lines (RMC 4-2-11 OA). The applicant is proposing a reduction of the side yard setback to 5 inches. 3. The analysis of the proposal according to variance criteria is found in the body of the Staff Report. As documented in the staff analysis, the proposal is not justified in that it does not meet all of the variance criteria set forth in RMC Section 4-9-250B.5. G. Decision 1. The Administrative Setback Variance for the Root Setback Variance, File No. LUA-05-129, V-A, is denied. SIGNATURE: Jennifer Henning, Zoning Administrator TRANSMITTED this 1Zh day of January, 2006 to the Applicant/Owner: Donna and Paul Root 3632 Index Ave. SE ADM V AR Root Setback.doc\ date City of Renton PIBIPW Departmen ROOT SETBACK VARIANCE REPORT AND DECISION OF January 12, 2006 Renton, WA 98058 TRANSMITTED this 1 ih day of January, 2006 to the Parties of Record: Donna and Paul Root 3632 Index Ave. SE Renton, WA 98058 Arlen J. Notch 1405 Harrington Avenue SE Renton, WA 98058 TRANSMITTED this 1 ih day of January, 2006 to the following: Larry Meckling, Building Official Stan Engler, Fire Marshal Neil Watts, Planning/Building/Public Works, Director Jennifer Henning, Principal Planner Lawrence J. Warren, City Attorney Gregg Zimmerman, Planning/Building/Public Works, Administrator South County Journal Land Use Action Appeals Admini~ 'e Variance Staff Report LUA-05-129, V-A Page 60'6 The administrative land use decision will become final if the decision is not appealed within 14 days of the date of approval. An appeal of the decision must be filed within the 14 day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). An appeal to the Hearing Examiner is governed by Title IV, Section 4-8-11.B, which requires that such appeals be filed directly with the Hearing Examiner via the City of Renton City Clerks Office. Appeals must be made in writing on or before 5:00 PM on January 27,2006. Any appeal must be accompanied by a $75.00 fee and other specific requirements. THE APPEARANCE OF FAIRNESS DOCTRINE provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. ADMV AR Root Setback.doc\ FS .. 16 T23N RSE W 112 R-14 ~ ZONING ~ ~ Tl!CHNICAL SBllViCBS - - - -_ton City LImi~ R-l R-8 / / Exhibit 2 21 T23N R5E W 1/2 5321 7:4 ;;131 ONING MAP Be ~K RESIDENTIAL ~ Resource Conservation 8 Residential 1 dulac ~ Residential 4-dulac ~ Residential 8 dulac ~ Residential M.aDufactured Homes I R-tO I Residential 10 dulac I R-141 Residential 14 dulac I RM-rl Residential Multi-Family I RM-T I Residential Multi-Family Traditional I RM-U I Residential Multi-Family Urban Center- MIXED USE CENTER ~ Center Village Iuc-Ntl Urban Center -North 1 Iuc-Nzi Urban Center -North 2 ~ Center Downtown- [§!] Commercial/Office/Residential COMMERCIAL El Commercial Arterial- [§] Commercial Office- ~ Commercial Neichborhood t .. ' ... ~ 2T22NRSE INDUSTRIAL ~ Industrial -Heavy o Industrial -Medium o Industrial -Lieht (P> Publicly owned ____ Renton City Limits ___ ._ Adjacent City Limits _ Book Pages Boundary KROLL PAGE • May include Overlay Districts. S~e Appendix maps. For additional regulations In Overlay Districts. please see RMC 4-3. PAGE# INDEX SECTfTOWN~ Printed by Print & Mail Svcs, City of Renton RoDl ~Elt'Af' Vf¥.IAN(£ ~/T£ fl~ '---~ ~(4L£ =-t II ~ 20' LoT A~A 20, 2,02- House .I , 91 f? AUi)",oAJ 'jz,9 \O'5~ 51 ' 3 t( --I \b'q" T 1?y.1~4 ----{ ~\ J-.iOuSG" 10'3'1 _ --1-.-___ , [ ~ 1J' jj"" J ------If tn-17 -os PA-VL .-rfuflJ'I4-~ 163 '2 IAJ~~ ~vc: ~J3~ ~A) ( wPr .9@J58 Pf(o{b5E]) AD.b 1'1 {))J CA({t>C(l.T I Exhibit 3 I w V) I ..c: I : a. I .... > I I I ..c: +> I .... I .... I I I I I I I SLOPE ATLAS - - - -Renton dity Limit8 PIBIPW TBCHNICAL SERVICES 16" to 24.99% _ 4-0" to 89.99% 21 06108101 _ 26" to 39.99% _ >= 90" Exhibit 4 ~ T23N R5E " THESE STRUCTURES ARE ON OR WITHIN 5 FEET OF THE PROPERTY LINE. THERE ARE MANY MORE THROUGHOUT THE AREA 1 1601 INDEX AVE S E 2. 1627 INDEX CT 3. 1630 LAKEYOUNGS WAY 4. 1664 LAKEYOUNGS WAY 5. 3203 S.E. 20TH CT 6. 12422 S.E. 160TH ST. 7. 12127 S.E. 160TH ST. 8. 15763 120TH S.E. 9. 15770 118TH PL S.E. 10. 12053 S.E. 162 ST Date: 10/1012005 Location of Violation: Owner (tax-payer): Issued to: Address: NOTICE OF VIOLATION 1632 INDEX AVE SE REN THE ROOT'S PAUL ROOT 1632 INDEX AVE SE RENTON, WA 98058 -3820 Service Request No. SR05-1483 Violation Index No. C05-0752 An inspection of the above premises revealed violation(s) of the City of Renton codes and ordinances listed below. The City would appreciate voluntary compliance or corrective action completed by: 02120/2006. A reinspection of your property will be conducted following the compliance date listed. CODE SECTION CITED: Renton Municipal Code 4-5-050 DATE OF INVESTIGATION: 09/27/2005 DESCRIPTION OF VIOLATION: NO BUILDING PERMITS CORRECTIVE ACTION: THE CITY OF RENTON MUNICIPAL CODE REQUIRES BUILDING PERMITS TO BE ISSUED FOR ANY PERSON, FIRM, OR CORPORATION TO ERECT, CONSTRUCT, ENLARGE, ALTER, REP AIR, MOVE, IMPROVE, REMOVE, CONVERT OR DEMOLISH, USE, OCCUpy OR MAINT AlN ANY BUILDING OR STRUCTURE IN THE CITY. IN THIS REGARD, WITHIN FIFTEEN (15) DAYS YOU MUST APPLY FOR ALL PERMITS REQUIRED FOR THE CARPORT, YOU WILL THEN HAVE SIXTY (60) DAYS TO OBTAIN THE REQUIRED PERMITS FOR THE ALTERATIONS. Your cooperation in achieving voluntary compliance is appreciated. However, if voluntary compliance is not achieved, a Civil Infraction Citation will be issued and civil penalties assessed in the amounts noted, for each and every day or portion of a day in which the violation continues following the date and time set for correction. First three days of Violation: $100.00, per day. Second Three Days of Violation: $200.00, per day. Third Three Days of Violation: $300.00, per day. Each Additional Day of Violation: $500.00, per day. Thank you for your cooperation in this matter. Issued By: Phone No: Marilyn Kamcheff Code Compliance Inspector PlanningiBuildinglPublic Works Department Development Services Division 425-430-7269 I Exhibit 7 , I ~ . COMMENTS: ROOT SIDE YARD SETBACK VARIANC~/LUA05-129, V-A 12/30/2006 Mr Root's construction at 1632 Index Ave SE, is a carport that is attached to the side of his house and supported by posts located at the lot line fence. The 4x4 support posts are fastened to the 4x4 fence posts with metal ties, such that there is no setback from the lot line fence, or at most 3 S/8-inch, if the distance between the centers of the support and fence posts is considered. Some facia trim extends into the 3 S/8-inch space, and gutters that were installed to prevent water runoff onto the fence, extend beyond the lot line. Mr Root did not obtain a construction permit. I find this hard to understand, since it is pretty much common knowledge that an addition to a home would require a permit and setbacks in the Renton City Limits, or almost anywhere for that matter. One may not be sure, but can easily find out from City Hall. My understanding is that the required setback for sideyard additions to a house is Sft, and that the roof can extent 2ft into that space. A zero or minimal setback is objectionable to me, primarily, because neighbors (such as myself and my neighbor) could build similar, adjacent carports with roofs that interfere at the lot line. Setbacks from the lot line fence must be large enough to prevent the spread of fire, for fire protection access, for repair or replacement of a lot line fence, to allow maintenance of a carport without encroaching on the neighboring property and let's not forget, to maintain privacy and reduce conflict between adjacent neighbors. And also, because carports can become enclosed structures. Furthermore, many homeowners in Tiffany Park could legally construct a porch, carport or garage structure if the setback requirement is minimized. In my opinion, building over the area between homes reduces the spacial aesthetics of a neigborhood, which is an attribute of Tiffany Park. Also, the aesthetics of structures without roof overhang in an area where all homes have overhang is less pleasing to the eye. To compromise the aesthetics of a neighborhood reduces property values. In regards to Mr. R.oot's justification for the variance request: o When Mr Root purchased his home, he paid for and accepted what he received, illcilldtn.g the greenbelt and slopiIlg ba,<;kyard. I SllSpect that the front part Qf the ba,<;kyard is not at 40% slope and buildable for a price. Indeed, the slope to Royal Hills Dr likely exceeds 100%! See 1505 Harrington Ave SE and 1503 Index Ave SE for examples ofa desireable backyard garage and carport. o Vehicles parked on our streets occasionally suffer broken windows. Mr Root has room to park five vehicles on his property; his carport does not given him more parking spaces. o Many drivers can not keep their vehicles under cover and suffer no ill effects. Fabric vehicle covers are available. o Five cars for a single family residence may be more than needed. Sharing vehicles, carpooling or riding the bus may be alternatives. o Mr Root has lived in his home for four years. One of at least four in the household must have suspected that there were building restrictions, but did not check. Even so, being unaware is no excuse. o In my opinion, this variance would be injurious to the public welfare and property values as I have previously discussed. , ) COMMENTS: .KuOT SIDE YARD SETBACK VARIANCEILUA05-129, V-A 12/30/2006 Page 2 of2 o Whether or not the carport is appealing is in the eye of the beholder. It has no bearing. In regard to Mr. Root's examples of similar structures in the neighborhood: Examples #6 through #10 are not relevent, because they appear to be located in Cascade Vista, a 1950s development; and in King County and not subject to the same setback requirements as the City of Renton. Random constructions are common in Cascade Vista and not what I want to see in Tiffany Park. Example #2 (1627 Index Ct) is not similar to Mr Root's carport. This structure is a freestanding, semi-permanent R V carport, built away from one side of the house, using pipe support posts. The setback from the lot line fence is minimal and the fence side of the carport is partially enclosed. The remaining Examples, #1, 3, 4 & 5 are similar to Mr Root's carport, because they are attached to the side of the house. This is what I see: o Examples #1 (1601 Index Ave SE) and #3 (1630 Lk Youngs Wy) have support posts that are setback from the lot line fence by about 2ft; the roof overhang extends about one foot into that space. # 1 is a porch. These setbacks probably are the minimum I w01,lld agree to, ifI as a neighbor could not build a similar, adjacent structure on my side of the lot line fence. o Example #4 (1664 Lk Youngs Wy) has support posts that are setback about l.5ft from the lot line fence; there is essentially no roof overhang. This carport is built noticeably high off the ground. o Example #5 (3203 SE 20th Ct) appears to have a variable setback of 112-1 foot for the support posts. There is about a 6-inch roof overhang. In conclusion, there are at least four instances in Tiffany Park where homeowners have attached carports to the side of their house, likely without a permit, and with minimal setback from the lot line fence, in violation of Renton City requirements. To allow these constructions to remain without modification, is unfair to those who obtain a permit and adhere to the setback requirements. Perhaps some reduction in the 5ft setback requirement for support posts is reasonable for open, carport structures. Mr Root's carport is the only one with zero setback. Even if the variance is approved, he would have to modify his structure to achieve his requested 5-inch setback. What is being requested is more a waiver than a variance. Many Tiffany Park homeowners are affected by a decision on this variance. to send their decision to all Tiffancy Park homeowners. 1 Arlen J. Notch ~..,~~ ; , /j1A- 1405 Harrington Ave SE, Renton, WA 98058 I ask the City City of R _____ n Department of Planning / Building / Public ks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 'PtQf\ Rp I' '\-e.t \ COMMENTS DUE: JANUARY 3, 2006 -APPLICATION NO: LUA05-129, V-A DATE CIRCULATED: DECEMBER 15, 2005 APPLICANT: Paul & Donna Root PROJECT MANAGER: Valerie Kinast PROJECT TITLE: Root Side Yard Setback Variance PLAN REVIEW: Ka),ren Kittrick R EeEI VEO SITE AREA: 20,202 square feet BUILDING AREA (Qross): 1,390 square fee[)r:r f I: 'lnnr .. ~uU..J LOCATION: 1632 Index Avneue SE WORK ORDER NO: 77496 n. SUMMARY OF PROPOSAL: The applicant is requesting a variance from the 5 foot setback requireme~~i;~h~GR'?JV~§h~~The variance is requested to reduce the side yard setback to 5 inches in order to retain a carport that was built without a permit within the required setback area. Sensitive slopes, over 40%, which cannot be built on encumber much of the lot. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable Environment Minor Major Impacts Impacts Earth Air Water Plants Land/shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY-RELATED COMMENTS N~ C. CODE-RELA TED COMMENTS D~ More Information Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Date I { NOTICE OF APPLICATION A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NAME/NUMBER: Root Side Yard Setback Variance / LUA05-129, V-A PROJECT DESCRIPTION: The applicant is requesting a variance from the 5 foot setback requirement in the R-8 zone. The variance is requested to reduce the side yard setback to 5 inches in order to retain a carport that was built without a permit within the required setback area. Sensitive slopes, over 40%, which cannot be built on encumber much of the lot. PROJECT LOCATION: 1632 Index Avenue SE PUBLIC APPROVALS: Administrative Variance approval APPLICANT/PROJECT CONTACT PERSON: Paul Root; Tel: (425) 277-9949 Comments on the above application must be submitted in writing to Valerie Kinast, Associate Planner, Development Services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on January 3,2006. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager at (425) 430-7270. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: DATE OF NOTICE OF APPLICATION: October 21, 2005 December 15, 2005 December 15, 2005 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, Development Planning, 1055 South Grady Way, Renton, WA 98055. File Name / No.: Root Side Yard Setback Variance / LUA05-129, V-A NAME: __________________________________________________________________ ___ MAILING ADDRESS: __________________________________________________________ _ TELEPHONE NO.: ________________ _ City of R n Department of Planning / Building / Public (s ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: (1)nS:.~Yu .. Dh; CY"\ COMMENTS DUE: JANUARY 3, 2006 APPLICATION NO: LUA05-129, V-A DATE CIRCULATED: DECEMBER 15, 2005 APPLICANT: Paul & Donna Root PROJECT MANAGER: Valerie Kinast CITY OF RroNrr ,. PROJECT TITLE: Root Side Yard Setback Variance PLAN REVIEW: Kayren Kittrick RECEIVED SITE AREA: 20,202 square feet BUILDING AREA (gross): 1,390 square feet DEC t Ii 7nnl\ LOCATION: 1632 Index Avneue SE WORK ORDER NO: 77496 DI no SUMMARY OF PROPOSAL: The applicant is requesting a variance from the 5 foot setback requirement in';he'R-8u~~~~~~he variance is requested to reduce the side yard setback to 5 inches in order to retain a carport that was built without a permit within the required setback area. Sensitive slopes, over 40%, which cannot be built on encumber much of the lot. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energyl Historic/Cultural Natural Resources Preservation Airport Environment 10.000 Feet 14.000 Feet B. POLICY-RELATED COMMENTS ....... ~~~C~#~~- C. CODE-RELATED COMMENTS / -hour f" ?1V/ F""-e"?/ VIti ... J;:J(?rl{".c-.s I l is (-C5) 14 a-J,-7 .3 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 wh additional information is needed to properly assess this proposal. Date ' City of R n Department of Planning / Building / Public ,ks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 'F,' r-e-COMMENTS DUE: JANUARY 3, 2006 APPLICATION NO: LUA05-129, V-A DATE CIRCULATED: DECEMBER 15, 2005 APPLICANT: Paul & Donna Root PROJECT MANAGER: _ ... -. -_. ;i1It::J It:: I\.ll I a::;,-, .- ittrld~ L~ ,-b ';:J 11\11 PROJECT TITLE: Root Side Yard Setback Variance PLAN REVIEW: Kayren ~':':; LJ ~.~-.:I SITE AREA: 20,202 square feet BUILDING AREA (qross ~ 1~~ P square feet ! , I 1 LOCATION: 1632 Index Avneue SE WORK ORDER NO: 77 bt,U DEC 1 5 2005 , . SUMMARY OF PROPOSAL: The applicant is requesting a variance from the 5 foot se back reauirement in the R-8 ~bne. The variance is requested to reduce the side yard setback to 5 inches in order to retain a carpor that was bgiltw.dU'l~ permit within the required setback area. Sensitive slopes, over 40%, which cannot be built on encumber muct ofthe lot. ri;~;[ [':':; -_ :1 i j A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housinq Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10.000 Feet 14.000 Feet B. POLICY-RELA TED COMMENTS C. CODE-RELATED COMMENTS articular attention to those areas in which we have expertise and have identified areas of probable impact or ded to properly assess this proposal. Date~ ( f NOTICE OF APPLICATION A Master Application has been filed and accepted wtth the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NAME/NUMBER: Root Side Yard Setback Variance I LUA05-129, V-A PROJECT DESCRIPTION: The applicant is requesting a variance from the 5 foot setback requirement in the R-8 zone. The variance is requested to reduce the side yard setback to 5 inches in order to retain a carport that was built without a permit within the required setback ares. Sensitive slopes, over 40%. which cannot be built on encumber much of the lot. PROJECT LOCATION: 1632 Index Avenue SE PUBUC APPROVALS: Administrative Variance approval APPLICANTIPROJECT CONTACT PERSON: Paul Root; Tel: (425) 277-9949 Comments on the above application must be submitted in writing to Valerie Kinast, Associate Planner, Development services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on January 3, 2006. If you' have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager at (425) 430·7270. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project, PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: October 21, 2005 NOTICE OF COMPLETE APPLICATION: December 15, 2005 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, Development Planning, 1055 South Grady Way, Renton, WA 98055. File Name I No.: Root Side Yard Setback Variance I LUA05-129, V·A NAME: ________________________________________________________________ __ MAILING ADDRESS: ________________________________________________________ __ TELEPHONE NO.: ________________________ _ CERTIFICATION I, lit[ f.../Nrj, «Aft auf , hereby certify that 3-copies of the above document were posted by me in ~ conspicuous places or nearby the described property on SIGNED: U:?k0Jc~ A TrEST: Subscribed and sworn before me, a Notary Public, in and for the State of Washington residing in ,on the av~ NOTARY PUBLIC SIGNATURE: CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 15th day of December, 2005, I deposited in the mails of the United States, a sealed envelope containing Acceptance Ltr & NOA documents. This information was sent to: Name Representing Paul & Donna Root -Accpt Ltr & NOA Owners/Applicants Surrounding Property Owners -NOA only See Attached 'i I .. : .. ~ ~ ··-lil.'III"''''1C~,~~I''JI'>',jJ'f'' ", (Signature of Sender): ~~ c-(/ <: t.;h, \f'{Ll:S F. KOhKO j, <; NOTARY PUBLIC STATE OF WASHINGTON COUNTY OF KING ) ) ss ) 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 p~:::es ~entio~eJ~;e instrument ~~ Vt r (tary Public in and for the State of Washington Notary (print):_----!:C~, ~--=-rH-,:-:..().-=,-1 ~F----,t:........:..../ :.........;..1!1d _____ _ My appointment expires: .3 7 (1! 0-6 Project Name: Root Side Yard Setback Variance Project Number: LUA05-129, V-A 864551068009 ALINDAYU JHOVENE L 1645 INDEX AV SE RENTON WA 98058 864551039000 DUL VLADIMIR 1640 JEFFERSON CT SE RENTON WA 98058 864551135006 HANSEN KNUT A 1634 INDEX AV SE RENTON WA 98058 864551062002 LIM CHHIVTY+VOUCHNY LAO 1621 INDEX AV SE RENTON WA 98058 864551130007 MORROW JOHN W & NETA M 812 SW 328TH CT FEDERAL WAY WA 98023 864551061004 TAM PUI YEE+ TAM,MIU SHEUNG 1617 INDEX AV SE RENTON WA 98058 864551041006 TURNER KEVIN+SANDRA 1637 JEFFERSON CT SE RENTON WA 98058 864551063000 WONG EVAN G & JUDY K 1625 INDEX AV SE RENTON WA 98058 864551064008 BRUNER JAMES TROY+SWANNEE 1629 INDEX AV SE RENTON WA 98058 J()O('-- 864551067001 .~~~( GION FRANCIS w'f' \ ~V1-cv--(1 r 1641 INDEX AV SE \1.,\~(\\()') RENTON WA 98055 864551137002 HAYES RAYMOND B 1642 INDEX AV SE RENTON WA 98058 864551136004 MELTON GEORGIA L 1638 INDEX AV SE RENTON WA 98058 864551034001 SAHOTA AMRITPAL S SAHOTA SITA RANI 1812 FERNDALE AV SE RENTON WA 98058 864551134009 THE ROOT'S 1632 INDEX AV SE RENTON WA 98058 864551065005 VINCENT PEGGY L 1633 INDEX AV SE RENTON WA 98058 864551040008 CHAN CHERRY A 7918 47TH AV E TACOMA WA 98443 864551132003 GORMAN ANDREA+BREWER WALTER JR 1624 INDEX AV SE RENTON WA 98058 864551129009 LEW PEGGY J 1612 INDEX AV SE RENTON WA 98058 864551138000 MERCADO CESARIO M+ELIDA T 1646 INDEX AV SE RENTON WA 98058 864551131005 SILBERNAGEL GARY L 1620 INDEX AV SE RENTON WA 98058 864551133001 TRAN TIMOTHY H+SUNNY 0 HUYN 19324 138TH AV SE RENTON WA 98058 864551066003 WILLIAMS RENE S 1637 INDEX AV SE RENTON WA 98058 Kathy Keolker-Wheeler, Mayor December 15, 2005 Paul & Donna Root 1632 Index Avenue SE Renton, WA 98058 Subject: Root Side Yard Setback Variance LUA05-129, V-A Dear Mr. & Ms. Root: CITY. RENTON PlanningIBuildinglPublic Works Department Gregg Zimmerman P.E.,Administrator The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7289 if you have any questions. Sincerely, Valerie Kinast Associate Planner ------------1-O-5-5-S-ou-th--G-ra-dy--W-ay---R-e-n-to-n-,W--as-h-in-g-to-n-9-S-0-55-------------~ * This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE ,t)O<G .... (!Ygvf W 5 .... 1V1 City of Renton Of; LAND USE PERMIT v87ff~f'4tr~ OCT 2 MASTER APPLICATIONR. 12e05 . .. eC~I~_ PROPERTY OWNER(S) PROJECT INFORMATION NAME: ~ r PROJECT OR DEVELOPMENT NAME: ~ fbfb1c1t-·····~t:mCL I PROJECT/ADDRESS(S)ILOCATION AND ZIP CODE: CITY: I b3z IAlder: 4v~ 5;1;;-, i2&v7tJN JAJA~ 9i?os-8 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): APPLICANT (if other than owner) Q61ssl -13£JD -03 NAME: EXISTING LAND USE(S): . ({)J1r4Wh'~ COMPANY (if applicable): PROPOSED LAND USE(S): / ADDRESS: EXISTING COMPREHENSIVE PlAN MAP DESIGNATION: tLSF CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): / TELEPHONE NUMBER EXISTING ZONING: e-6 CONTACT PERSON PROPOSED ZONING (if applicable): / SITE AREA (in square feet): SQUARE FOOTAGE OF PUBLIC ROADWAYS 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:web/pw/devserv/formslplanninglmasterapp.doc I! (' ;-fY T!" ) 07129/05 -rnOJECT INFORMATION (continued) r---~--------L---------------__ ~ NUMBER OF EXISTING D~LlNG UNITS (if applicable): SQUARE FOOTAGE OF PROPO/ RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOT AGE OF EXISTING RESIDENTIAY BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED N07ESIDENTIAL BUILDINGS (if applicable): 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 VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): o AQUIFER PROTECTION AREA ONE o AQUIFER PROTECTION AREA TWO o FLOOD HAZARD AREA sq. ft. ')l GEOLOGIC HAZARD sq. ft. o HABITAT CONSERVATION sq. ft. o SHORELINE STREAMS AND LAKES sq. ft. o WETLANDS sq. ft. , LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE QUARTER OF SECTION _. TOWNSHIP _. RANGE_. IN THE CITY OF RENTON. KING COUNTY. WASHINGTON. TYPE OF APPLICATION & FEES List all land use apPlicatio~ being applied for: 1.Ar!fnifv,.Jtrt>A,·~ wY1t¥nCl 1'/01) 3. 2. 4. Staff will calculate applicable fees and postage: $4 AFFIDAVIT OF OWNERSHIP t. (Print Name/s) PAY L ~OJ i I2MVlc:<-~t-. declare that t am (please check one) vthe current Q~,-Q.f J!Je property involved in this application or __ the authorized representative to act for a corporation (please attach proof of authOrization) and that the foregoing ... statements and answers herein contained and the infonnation herewith are in atl respects true and correct to the best of my knowledge and belief. t certify that t know or have satisfactory evidence that -y" \,I L-~. !La I:>-r signed this instnment and acknowledged it to be hisJherltheir free a vol n act for the uses and purposes mentioned in the instrument (Signature of Owner/Representative) (Signature of Owner/Representative) Notary (Print) ~..,....-\\t..\N 'S . My appointment eXPires:_7-'--'..I-=s---,-l :z..e.o_--=8==--__ _ Q:weblpw/devserv/fOrmslplanninglmasterapp.doc 2 07/29/05 • • I DEVELOPMENT P ..,.~VElOPMENT SERVICES DIVISION CITY OF RENT~~NtNG WAIVER OF SUBMnTAL REQUIREMENTS OCT 2 1 2005 FOR LAND USE APPLICATIONS RECEIVED his requirement may be waived by: · Property Services Section PROJECT NAME: I@tf.~ J/ar;a".~~ · Public Works Ptan Review Section · Building Section DATE: _f...L<:;/{),-+-~...L-I::J-,..L...1/~a:.:-..a.U __ ")-__ Development Planning Section I "'&;0 VELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS AppliCant Agreement Statement 2 AND 3 InVentOry Of Existing Sites 2 AND 3 Lease Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AN03 Photosimulations a AND a his requirement may be waived by: · Property Services Section PROJECT NAME: /41t?t J~f/M'M1 tL · Public Works Plan Review Section · Building Section DATE: --I.~~lJ /L~7:!..J.;t~tJ~r ___ - · Development Planning Section BUILDING PROJECT: ROOT SETBACK VARIANCE 1632 INDEX AVE S.E. RENTON, WA. 98058 CARPORT BUILT ON SIDE OF HOME BUt L--I \,IJrn-\"\J 51' {)( S}[:;e UJf L--ltJ~ 429 SQ. FT. ESTIMATED COST $600.00 l..)jLL 6JI LD hK'e c.JA:U-(!e/... (ciG) 0.<.) EftS! &J ltt-L-. UI~L-u5E 2 X 1{f 70 FMMG}:1lJ 0JPrLJ.-1 USINt; <>/F'056 Poc-WA-IA---, u5E' %'" SllWI}{; OVI OuTs(l>~ w Prl-L, use ,/2." 5J/EE1 Roc" Of\. f AJ > (1~ WfrlL- DEVELOPMENT PLANNING CITY OF RENTON OCT 212005 RECElVED I Paul Root am requesting the city of Renton to consider approving my request for variance based on the criteria below: • The back of my home sits on a greenbelt with a very steep slope that is unbuildable with a small area of space. See Attached map • Due to vandalism of on street parking; My family and I have suffered several incidents on separate occasions which consist of: My daughter Kelly's car was stolen, My vehicle had it's windows shot out, My wife's' car suffered a hit and run, we had a flat tire incident, and several egging occurrence. • Over the past 4 years since we've lived here the vandalism seems to increase. • I have a family of four drivers and five vehicles. One vehicle, which is used primarily for hauling only. I am trying to provide off street parking not only to prevent these types of incidents from re-occurring but also to protect this vehicle from nature's elements, which are destroying the paint job. This vehicle, because it does not move often, debris from the trees alone is scarring the paint. The granting of this variance would not be materially detrimental to the public welfare or injurious to the property due to: • The structure which consists of 4x4 treated posts, 2x4 roof joists, 4x8 sheets 5/8 particle board roof, with charcoal gray 3 tab shingles, with 1 x4 primered facial board. I built this structure to be sturdy, strong and eye appealing. I had spoken with my neighbor prior to building this structure; he said" not a problem it would be nice if you would build one for me too." I have provided pictures of my structure included as an exhibit. This variance would not constitute special privileges due to attached information I am providing. • Within a one mile radius of my home and as close as one block from my home, there are several structures built just like mine. Therefore, I do not feel I am asking for special privileges, since so many other property owners have this same structure built as close to their property line. I have addresses and pictures attached as an exhibit. I am asking for the minimum possible variance allowed to accomplish my desired purpose. • I have no where else on my property to put this carport, because of the steep slope, no alley way, the landscaping of the property, and small area of possible usage. There would be no other place appropriate for this structure. I am a first time homeowner I am sorry for my ignorance in the laws. I did not realize that it was against the building codes to build a structure so close to my property line. There are so many other homes in my vicinity that have this same structure I thought it was ok to build it. I hope you consider my request for the variance because this is a hardship for my family and me. Thank- you for your time and consideration. " THESE STRUCTURES ARE ON OR WITHIN 5 FEET OF THE PROPERTY LINE. THERE ARE MANY MORE THROUGHOUT THE AREA. 1. 1601 INDEX AVE S.E 2. 1627 INDEX CT 3. 1630 LAKEYOUNGS WAY 4. 1664LAKEYOUNGS WAY 5. 3203 S.E. 20TH CT. 6. 12422 S.E. 160TH ST. 7. 12127 S.E. 160TH ST. 8. 15763 120TH S.E. 9. 15770 118TH PL S.E. 10. 12053 S.E. 162 ST. · . , THIS IS A PHOTO OF MY CARPORT. / N ~ LALE:: t ti -= 20 t Lor A~A 20, 202- HOUSe I, 91 f? AtD\TiOAJ 'jz,9 \O'j~ 51' 3'( --110'9" T H,lgvJ4 15' l-IouS~ _ -1-_____ , I f--251' [S'J1, { ~o' 3" 6 j .t Gtr-_____ ~_.7,--z;_\ 3_"_--I_9_'J~" o't_V_,l_' ---....- J ---f 10-17 -os PPrvL -t-fuN j\f 4-f2.osr Ib3Z IAJdey: ~Vc ~E. ~~( wA .9f{oS8 P«o{bSE]) AD .. \) I jl ()/J CA(l..pqz:.""I D£V£tOPM CITY O%'!Jf,!;.ANNlNG , C:''4,ON OCT 2 1 2005 RECEIVED • .. (; • ,.. • • • • • • • " ,. • • • • • • • • .-• ,. ,. • • • • • • '" • • • .. II -• • • .. ~.-~ 6 ~". ... 8 '. 1tC! It , • if. : G _._e :, ~ Q F5 .. 16 TZlN R5E W JJl R-14 R-l / / ~ ZONING (·I")j PI8IIW DCIJNJCAI, .. \'at RECEIVED DEVELOPME CITY OF ~PLANNING SCHEDULE A Policy No. 6341798-1-nw A-RefiJr Loan Policy Date of Policy: December 27, 2004 at 02:58 PM 1. Name of Insured: Amount of Insurance: Premium: Sales Tax: . ,·r;;NTON OCT 2 1 2005 RECEIVED $ 262,000.00 $462.00 $ 40.66 Abacus Mortgage, Inc., its successors and/or assigns as their respectiVe interests may appear. 2. The estate or interest in the land which is encumbered by the insured mortgage is: Fee Simple 3. Title to the estate or interest in the land is vested in: Paul H. Root and Donna M. Root, husband and wife 4. The insured mortgage and assignments thereof, if any, are described as follows: DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ADDRESS: LOAN NO.: AMOUNT: DATED: RECORDED: RECORDING NO.: Paul H. Root and Donna M. Root, husband and wife as joint tenants Ticor Title and Escrow Abacus Mortgage, Inc. 130 Andover Park E. #101 Tukwila, WA 98188 1000414549 $262,000.00 December 17. 2004 December 27, 2004 20041227001997 5. The land referred to in this policy is described as follows: SEE SCHEDULE A CONTINUED Extended Loan Policy Schedule A Policy No. 6341798-1 LEGAL DESCRIPTION SCHEDULE A CONTINUED The land referred to herein is described as follows: Lot(s) 26. Block 6, Tiffany Park Division No.2, according to the plat flered recorded in Volume 92 of Plats. page(s) 36. records of King County, Washington. SCHEDULE B Policy No. 6341798-1 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of: PART. SPECIAL EXCEPTIONS: "BlANKET EXCEPTION"lOAN REFINANCE POLICIES: 1. Any liability for an assessment by any homeowner's association as established by any recorded document creating an association of owners; and agreements, if any, related to future assessment obligations not yet due and payable, which appear in the public records. 2. Agreements, covenants, conditions, restrictions andlor declarations affecting title, or violations thereof, if any, which appear in the public records or are shown on any recorded subdivision map or survey, but omitting any covenant, conditions or restriction based on race, color, religion. sex, handicap, familial status or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code, or (b) relates to handicap but does nto discriminate against handicapped person. 3. Easements or encroachments, if any, which appear in the public records or are shown on any recorded subdivision map or survey. 4. Any reservation or conveyance of minerals, gas, oH, sand, gravel or timber or rights related thereto, including leases of said interests, which appear in the public records. SPECIAL EXCEPTIONS: NONE END OF SPECIAL EXCEPTIONS Extended Loan Policy Schedule B-Part I SCHEDULE B Policy No. 6341798-1 PART II In addition to the matters set forth in Part I of this Schedule, the title to the estate (J" interest in the land described or referred to in Schedule A is subject to the following matters, if any be shown, but the Company insures that these matters are subordinate to the lien or charge of the insured mortgage upon the estate or interest: NONE END OF SCHEDULE B Extended Loan Policy Schedule B-Part II ENDORSEMENT Issued by nCOR TITLE INSURANCE COMPANY Attached to and forming a part of Policy of Title Insurance No. 6341798-1 1. Any Incorrectness in the assurance which the Company hereby gives: (a) That there are no covenants, conditions, or restrictions under which the lien of the mortgage referred to it Schedule A can be cut off, subordinated, or otherwise impaired; (b) That there are no present violations on said land of any enforceable covenants, conditions, or restrictions; (c) That, except as shown in Schedule B, there are no encroachments of buildings, structures, or improvements located on said land onto adjoining lands. 2. (a) Any future violations on said land of any covenan1s, conditions, or restrictions occurring prior ~ 8<X1Uisition of title to said estate or interest by the ilsured, provided such violations result in impainnent or loss of the len of the mortgage referred to in Schedule A, or result in impainnent or loss of the title to said estate or said interest f the insured shall acquire such title in satisfaction of the indebtedness secured by such mortgage; (b) Unmarketablity of the title to said estate or interest by reason of any violations on said land, OClCurring prior to acquisition of title to said estate or interest by the insured, of any covenants, conditions, or restrictions. 3. Damage to existing improvements, including lawns, shrubbery or trees (a) which are located or enaoach upon that portion of the land subject to any easements shown in Schedule S, which damage results from the exercise of the right to use or maintain such easement for the purposes for which the same was granted or reserved; (b) resuititg from the exercise of any right ~ use the surface of said land for the extraction or development of the minerals excepted from the description of said land or shown as a reservation in Schedule B. 4. Any filal court order or ),Jdgement requring removal from any land adjoililg said land of any enaoachment shown in Schedule B. Wherever it this endorsement any or all of the words, "covenants, conditions, or restrictions" appear, they shall not be deemed to refer to or include the tenns, covenants and conditions contained in any lease referred to in Schedule A. No coverage is provided under this endorsement as to any covenant, condition, restriction or other provision relating to environmental protectiOn. The totalliabilly of the Company under said policy and any endorsements therein shall not exceed, hUle aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement, when countersigned below by an authorized signatory is made a part of said polcyand is subject to the Schedules, conditions and stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused Is corporate name and seal to be hereunto affixed by its duly authorized officers. ENDORSEMENT 100 elTA Fonn (rev 6-6-91) Reorder Form No. 7649 TICOR TITLE INSURANCE COMPANY ENDORSEMENT Issued by TICOR nTLE INSURANCE COMPANY Attached to and forming a part of Policy of Title Insurance No. 6341798-1 The insurance afforded by the endorsement is only effective if the land is used primarily for residential purposes. The Company insures the insured against loss or damage sustained by reason of lack of priority of the lien of the insured mortgage over: (a) any environmental protection lien which, at Date of Policy, Is recorded in those records established under sta1e statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge, or filed in the records of the clerk of the United States district court for the district in which the land is located, except as set forth in Schedule B; or (b) any environmental protection lien provided for by any state statute in effect at Date of Policy, except environmental protection liens provided for by the following state statutes: This endorsement, when countersigled below by an authorized signatory, is made a part of said policy and is subject to the schedules, conditions, and stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. ENVIRONMENTAL PROTECTION UEN ALTA ENDORSEMENT -Form 8.1 (3-27 .. ~m Washingtm Form 110.9 (rev 3-13-87) Reorder Form No. 7788 nCOR TITlE INSURANCE COMPANY ENDORSEMENT Issued by TlCOR TITLE INSURANCE COMPANY Attached to and forming a part of Policy of Title Insurance No. 6341798-1 The Company assures the insured that at Date of Policy there is located on the land a Single Family Residence known as: 1632 Index Avenue Southeast, Renton, Washington 98058. The Company hereby insures said insured against loss or damage which said insured shall sustain in the eYent that the assurance herein shall prove to be incorrect. The tolal liability r:J the Company under said policy and any endorsements thereto shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of said policy as of Date of Policy and is subject to the schedules, conditions and stipulations and exclusions from coverage therein contained, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused Its corporate name and seal to be hereunto affixed by its duly authorized officers. ENDORSEMENT 118 Washington Form (rev. 8-88) AddressJlmprovements Reorder Form No. 7679 TlCOR TITLE INSURANCE COMPANY '"'TTY OF RENTON 055 S. Grady Way Renton, WA 98055 _________________________ DEVELOPM CITy O%WEPL.t..NNI~ NTON ''''-1 Printed: 10-21-2005 OCT 2 1 2005 Land Use Actions RECEIPT RECEIVED Permit#: LUA05-129 Payment Made: 10/21/2005 11 :21 AM Receipt Number: Total Payment: 100.00 Payee: PAUL ROOT Current Payment Made to the Following Items: Trans Account Code Description Amount 5022 000.345.81.00.0019 Variance Fees 100.00 Payments made for this receipt Trans Method Description Amount Payment Check #6580 100.00 Account Balances Trans Account Code Description Balance Due 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/ErS/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 .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 R0505735