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HomeMy WebLinkAboutBrennan 3405 Dock Construction, Shoreline Conditional Use Permit and a Shoreline Substantial Development Permit August 5, 2010 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION APPLICANT/CONTACT: Jerry Brennan 3405 Lake Washington Blvd. N Renton, WA 98056 Brennan 3405 Dock Construction LUA-10-011, ECF, SM, SMC LOCATION: 3405 Lake Washington Boulevard North SUMMARY OF REQUEST: Shoreline Conditional Use Permit and a Shoreline Substantial Development Permit for the construction of a new 60-foot long dock and installation of a pre-manufactured, freestanding, portable marine grade aluminum boatlift in association with a single-family residence on the shore of Lake Washington. SUMMARY OF ACTION: Development Services Recommendation: Approve DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on May 4, 2010. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the May 11, 2010 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, May 11, 2010, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Vicinity Map Exhibit No. 3: Existing Site Plan Exhibit No. 4: Proposed Site Plan Exhibit No. 5: Proposed Top View and Proposed Elevation View Exhibit No. 6: Planting Plan Exhibit No. 7: Zoning Map Exhibit No. 8: Shoreline Substantial Development Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 2 Permit Exhibit No. 9: Enlarged Map of Shoreline Showing Existing Sewer Line. Exhibit No. 10: Option 1 That was Verbally Approved by NOAA Exhibit No. 11: Definitions of “Dock” and “Pier” as stated in Renton Municipal Code. (multiple pages) Exhibit No. 12: Option 2: Diagram Showing Use of Existing Rockery Just South of Existing Boatlift. Exhibit No. 13: Memorandum from Gerald Wasser to the Hearing Examiner which included 10 new drawings for the proposed dock and ski lift. Exhibit No. 14: Hydraulic Project Approval for a 60’ dock on Mr. Brennan’s property by the Washington Department of Fish and Wildlife Exhibit No. 15: Letter from the Department of Army Corps of Engineers regarding the construction of a pier, relocation of a boatlift and installation of a jet ski lift on the Brennan property. Exhibit No. 16: Packet of Permits and drawings for the new pier, boatlift and jet ski lift on the Brennan property. The hearing opened with a presentation of the staff report by Gerald Wasser, Associate Planner, Community and Economic Development, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The property is located at 3405 Lake Washington Boulevard North. The request is for a new residential dock on the shore of Lake Washington. Lake Washington is considered to be a Class 1 water subject to the City’s Shoreline Master Program. The property currently has two docks, two boatlifts and a jet ski lift. The applicant proposes to move one of the existing docks, a 256 square foot floating dock, to accommodate construction of the proposed 60-foot long, 4-8 foot wide dock. The remaining dock would be moved three feet waterward into deeper water. One dock is located in the northwest corner; the other dock is located in the recessed portion of the parcel just north of the first dock. The southern dock is proposed to be removed. The Environmental Review Committee issued a Determination of Non-Significance – Mitigated with 2 mitigation measures. No appeals were filed. This project appears to meet the five criteria for a Shoreline Conditional Use Permit including being compatible with other permitted uses within the area, however the Shoreline Master Program clearly states that there shall be no more than one pier or dock per developed waterfront lot or ownership. A variance would be necessary to approve two docks on one property. Staff would be supportive of a new dock construction and installation of a new boatlift only if both of the existing docks and the existing boatlift and existing jet ski lift were removed prior to any construction. Another criterion is that the use will not interfering with the public use of the public shoreline, this project will not interfere with the public use of the public shoreline. Third, the design of the site would be compatible with the surrounding area and the City’s Master Program, if the project was one dock and one boatlift it would be compatible with other uses in the area. The design of the new dock and boatlift as well as the plantings proposed would help to mitigate any impacts to ecological functions and critical areas resources. Fourth, the criteria requires the project to be in harmony with the general purpose and intent of the City’s Master Program, it appears that two docks are not in compliance with the Shoreline Master Program. One dock would be a residential accessory use associated with waterfront residences and Staff would be supportive of one dock and one boatlift. Finally the proposed use must meet the conditional use criteria in WAC 173-27-160, in order to meet this requirement the two existing docks would need to be removed prior to construction of the proposed dock. Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 3 The subject site is designated as residential single-family in the Comprehensive Plan and the proposed use qualifies as an accessory use to waterfront property. The design is compatible with other residential docks in the area. This section of Lake Washington is designated as Urban Environment in the Shoreline Master Program Regulations and is developed primarily with residential uses. The dock would be fully grated, allowing light transmission. Installation and construction would take place only between July 16 and September 30, 2010, the established fish window by the Department of Fish and Wildlife. A silt curtain would be installed to protect against any debris and sediment that might escape during demolition and construction. The project site includes a single-family private residence, if the two docks, boatlift and jet ski lift are removed the proposed dock and boatlift will be the only uses on the site at this time. The boatlift requires a Shoreline Conditional Use Permit and a Shoreline Substantial Development Permit that would be approved by the Department of Ecology. If the two existing docks, one boatlift and one jet ski lift were to be removed and the new dock and boatlift installed, Staff would have only 4 conditions of approval. Jerry Brennan, 3405 Lake Washington Blvd N, Renton 98056 stated that this project has been a challenge, the current design, even though he currently has two docks, he understands that two docks are not allowed. He has been working with the various agencies to find a fish-friendly solution as well as one that meets the criteria of the City of Renton. They originally proposed a lift in front of the shoreline where it is 9-feet deep, which would allow the placement of a free-standing boat lift. The Army Corps of Engineers found that to be an impediment to fish travel along the rockery. Placing the boatlift along the side was perceived as being a more fish friendly solution. With further review, this placement was perceived as being a second dock and so he returned to the Army Corps of Engineers, option 1 was presented and verbally approved by NOAA. The boatlift would still be located to the side much in the same location as the original proposal. A salmon spawning rockery along the toe of the rockery was suggested, however, there cannot be a lift in that area because that is where the fish would travel through. Moving a boatlift into deep water would require piles being installed at a water depth of approximately 12-1/2 feet; that is perceived to be not very fish friendly. He then proposed to have a seasonally installed catwalk, it would not be pile driven. This would only be in use during the summer months. A definition was given of a “pier” and a “dock”. The catwalk would not be defined as a pier or a dock per the current Renton codes. This appears to be the best balance of the environmental needs of not putting piling in the deep water for a lift, not locating the lift off the main 60-foot dock and still allowing a method by which he could access his boat in the summer months. Option 2 allows access to the boatlift, something would have to be built on top of the rockery to give something in order to be able to get on and off the boat. Trying to balance the desires of the Army Corps and Fisheries and staying within the existing Renton codes has been very difficult. The challenge is where to place the boatlift that is fish friendly and code friendly. The Examiner questioned if the boatlift could be put in the place of the jet ski lift. Mr. Brennan stated that it was too deep of water in that location and piling would have to be installed if he were to locate the boatlift in that area. It could be done, but it would mean additional pile being placed in the water which is perceived to be environmentally disadvantageous. The Corps is against any more pilings in the water because bass hide behind them and eat the salmon as they swim by, so to add more pilings would be a bad thing and would require mitigation. Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 4 Mr. Wasser stated that a catwalk is considered, by definition, to include as a dock or pier. The issue before the Examiner today is the numbers of docks and the numbers of boatlifts. Mr. Brennan is looking for a way to preserve more than one boatlift and perhaps more than one dock. Mr. Brennan stated that for the jet ski, he could do an over dock mounted lift, which is common. There would be no in-water structure. In the Staff Recommendations, it states that the demolition permit must be completed before receiving the pier construction permit, he would like to have both permits concurrently. He would ask that a boatlift be allowed to stay during the construction process. He does not have a trailer or any place to put a boat. The jet ski could be put on a trailer and placed on blocks in the driveway; he does not have a place to put his boat. The northeast boatlift will be removed and nothing will be put in its place. There is a boatlift to the southwest of that first lift, there is a jet ski lift just south of that. Kayren Kittrick, Community and Economic Development stated that the sewer line is visible on the surface of the water near the shoreline, during construction this line will be flagged. The Examiner inquired of Mr. Brennan if he would like this project to be sent back to staff or work out more of the details. Mr. Brennan stated that he would like staff to have time to review Option 2 that would be the best option at this time. Kayren Kittrick further asked that this matter go back to staff so that Mr. Brennan’s request to retain the boatlift at the same time, it may affect the conditions. The Examiner stated that he would keep the record open and remand the matter back to staff to achieve a final plan to reconvene at a date and time uncertain. The Brennan 3405 Dock Construction reconvened on July 20, 2010 at 9:01 am. Parties wishing to testify were reaffirmed by the Examiner. The hearing began with a presentation of the by Gerald Wasser, Associate Planner, Community and Economic Development, City of Renton, 1055 S Grady Way, Renton, Washington 98055. On May 11, the public hearing was held, at that time Mr. Brennan was seeking approval of two docks, two freestanding boat lifts and an existing freestanding jet ski lift. The code through the Shoreline Master Program clearly specifies that only one dock or pier is allowed for each lot. Subsequent to that hearing Mr. Brennan did submit 10 new drawings that were attached to the Memorandum forwarded to the Hearing Examiner on June 29, 2010 and which were entered as Exhibit 13, 14,15 and 16 today, Mr. Brennan currently proposes a 60’long dock, 4-8’ in width to have a dock mounted boat lift, which would require a conditional use. It would also have one of the existing free standing boat lifts relocated to this location. It is less intensive than the original proposal and as such does not require any further environmental documentation. The previous mitigation measures would still be required. Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 5 The current proposal appears to meet all criteria and it was recommended that the Hearing Examiner find that they are consistent with Mr. Brennan’s proposal. Approval of this proposal would include the removal of the two existing docks and the relocation of the boat lift and the jet ski lift. The rock jetty would remain as it is. Jerry Brennan, 3405 Lake Washington Blvd N., Renton 98056 stated that he had received approval from the Army Corps of Engineers, NOAA and National Marine Fisheries. The Washington State Department of Fish and Wildlife came to the property, did a review of the plan and has their approval of the plan. The final approval needed at this time would be from the City of Renton. Mr. Brennan stated that he has limited his access and has cleaned up the area considerably. The dock mounted jet ski lift does not have any legs for bass to hide behind and eat salmon as they swim through. This plan was much preferred by the Department of Fish and Wildlife. The boat lift is now around the corner and away from the path of travel of the fish. He also would be installing 25 yards of salmon spawning gravel to promote salmon spawning. Kayren Kittrick, Community and Economic Development stated that everything has been covered. The sewer line is in the water and Mr. Brennan is very aware of it and the exact location of the sewer line is very easy to determine. If there is to be any form of water piping to the dock, proper cross connection control would be required. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:19 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Jerry Brennan, filed a request for a Shoreline Conditional Use Permit as well as a Shoreline Substantial Development Permit to install a boatlift as well as an associated dock in Lake Washington. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non-Significance- Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. There was no opposition from the public regarding the subject proposal. 6. The subject site is located at 3405 Lake Washington Boulevard North. The subject site consists of an approximately 10,264 square foot lot. The subject site is located west of Lake Washington Boulevard on the shoreline of Lake Washington. The subject site is south of Kennydale Beach Park. Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 6 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single family residential uses, but does not mandate such development without consideration of other policies of the Plan. 8. The subject site is currently zoned R-8 (Residential - 8 lots per acre). The site is developed with a single family home. 9. The subject site was annexed to the City with the adoption of Ordinance 1800 enacted in October 1959. 10. The hearing was continued to allow the applicant and staff to refine the applicant's original plans for two docks and lift and additional plans submitted at the first public hearing. 11. The subject site has a lot that has a shoreline that runs south to north and then jogs eastward and then north again. A rockery supports the shoreline. A separate rockery or rock jetty extends into the water not far from the north property line. 12. The applicant now proposes installing a 60-foot long dock (over water length) that will vary between 4 and 8 feet wide totaling approximately 330 square feet. A jet ski lift would be located adjacent to the south side of the proposed dock. An existing boat lift would be moved to a location adjacent to the shoreline. 13. Other existing facilities would be removed including a floating dock and another near-shore dock as well as another boat lift. 14. The dock would be supported by six 8-inch diameter steel piles. The piles would be bridged by Glu-lam beams. The piles would be driven from a barge by drop hammer. The jet ski lift would be dock- mounted. The pier and lift would be marine grade aluminum with a grated material to allow the passage of light to ward off salmon predators. The older boat lift will be moved to the east-west section of the property's shoreline. 15. The applicant will be installing approximately 360 square feet of gravel along the L-shaped section of shoreline to enhance salmon spawning habitat. 16. Code requires a five foot side yard setback from the property line. The proposal meets this requirement. 17. The work will be done in the time window specified by the state to avoid interfering with salmon activity in the lake. A silt fence will be installed around the work area. 18. The applicant will plant native vegetation along the rock bulkhead in association with dock construction. 19. Lake Washington's shoreline is classified as a Shoreline of Statewide Significance and therefore any development adjacent to it is subject to the City's Shoreline Master Program. This section of the shoreline is designated as an Urban Shoreline. 20. Other boatlifts have been approved along other areas of the Lake Washington shoreline in Renton. 21. A sewer line is located in the lake bed adjacent to the subject site. Any work done in the lake will have to be planned around the location of the line including the driving of the piles. Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 7 CONCLUSIONS: 1. The criteria for approving a Shoreline Conditional Use permit are twofold. There are City criteria and those City criteria require compliance with additional State criteria. Those criteria are as follows: Renton: Section 4-9-190.I.5: 5. Conditional Use: a. Purpose: Upon proper application, a conditional use permit may be granted. The objective of a conditional use provision is to provide more control and flexibility for implementing the regulations of the Master Program. With provisions to control undesirable effects, the scope of uses can be expanded to include many uses. b. Decision Criteria: Uses classified as conditional uses can be permitted only after consideration and by meeting such performance standards that make the use compatible with other permitted uses within that area. A conditional use permit will be granted subject to each of the following conditions: i. The use must be compatible with other permitted uses within that area. ii. The use will not interfere with the public use of public shorelines. iii. Design of the site will be compatible with the surroundings and the City's Master Program. iv. The use shall be in harmony with the general purpose and intent of the City's Master Program. v. The use meets the conditional use criteria in WAC 173-27-160. Washington State: WAC 173-27-160: Review criteria for conditional use permits. The purpose of a conditional use permit is to provide a system within the master program which allows flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by local government or the department to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the act and the local master program. (1) Uses which are classified or set forth in the applicable master program as conditional uses may be authorized provided that the applicant demonstrates all of the following: (a) That the proposed use is consistent with the policies of RCW 90.58.020 and the master program; (b) That the proposed use will not interfere with the normal public use of public shorelines; Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 8 (c) That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; (d) That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and (e) That the public interest suffers no substantial detrimental effect. (2) In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. (3) Other uses which are not classified or set forth in the applicable master program may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the master program. (4) Uses which are specifically prohibited by the master program may not be authorized pursuant to either subsection (1) or (2) of this section. 2. The area is zoned for residential uses. Many residential properties along Renton's Lake Washington shoreline are served by docks and piers. Boatlifts are becoming more common. The lifts, the new jet ski lift and the relocated older boat lift are proposed for the private areas of lake bottom and the adjacent uplands although they are located in the lake. They should be non-intrusive visually and such lifts have become a more common element of already permitted docks and piers. The lifts should not present an unusual obstacle to navigation. The jet ski lift will be dock-mounted and the other lift is in a recessed area of the shoreline. 3. The proposed lifts should not interfere with public use of the shoreline, particularly since this is a private shoreline. The dock is already permitted in this area and it is only the boat and ski lifts that are the subject of this review. 4. The lifts will not create any untoward impacts on adjacent uses or on water-oriented uses. 5. The next series of criteria are contained within the Washington Administrative Code. One of the paramount goals is to protect the ecology of the shoreline. The applicant proposes additional plantings in conjunction with installing the dock and the placement of gravel on the lake bottom to enhance salmon spawning. The jet ski lift will be out in the lake and not affect the actual shoreline while the relocation of the older lift will be adjacent to the shoreline, it is in a recessed area and will not affect water use. The dock and pilings will obviously permit and encourage boating on the lake which could have an ecological impact. 6. The lot is private and extends out into the lake. The proposed lifts will serve its respective lot. Private uses are permitted in this area of the shoreline. The use is similar to those uses permitted in an urban shoreline. The use should not impair the public use of this section of the lakeshore or the water in its vicinity. Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 9 7. The dock and lifts should not interfere with any uses that might occur in this area of the lake. The comprehensive plan designates this area as suitable for residential uses and the usual complement of accessory uses. On a lakeshore property, piers, docks and similar uses including the proposed lift would be considered reasonable accessory uses. 8. The proposed lifts should not create any significant adverse affects on the shoreline environment. The pier and lifts should not further harm the public interest. 9. As noted in earlier decisions, the analysis of cumulative impact or impacts is hard to judge. This is an urban shoreline of Lake Washington and piers have been an accepted accessory use of waterfront property and others already exist in Renton and surrounding shoreline areas. The lifts would be located shoreward of the dock's end. Any number of docks already protrude out into the lake from many of the homes along the shore. Clearly, there have had to be impacts to water quality and habitat as a result of motor boating and docks shading the lake and some of the shallow areas. This additional action will probably not have much of a significant effect on the lake or shore. 11. Since lifts are neither permitted nor prohibited outright, it requires review under the Conditional Use criteria. The proposed use is generally consistent with the criteria noted above. 12. The applicant will have to observe due caution when working near or over the existing sewer line located in the lake bed. RECOMMENDATION: The Conditional Use Permit and the Shoreline Substantial Development Permit for the pier and lifts should be approved subject to the following conditions: 1. The applicant shall comply with the mitigation measures imposed by the Environmental Review Committee in its Determination of Non-Significance – Mitigated issued on April 19, 2010. 2. The applicant shall comply with all construction conditions by the State agencies and all construction conditions provided in the application submitted to the City. Construction is limited to occur during the fish window for this portion of Lake Washington. (July 16- September 30). 3. The applicant shall obtain demolition permits for the two existing docks and such demolition shall occur prior to building permit issuance for the new dock. 4. The applicant shall remove the existing boatlift and jet ski lift prior to construction and installation of the new dock and dock mounted jet ski lift. 5. The applicant shall have to observe due caution when working near or over the existing sewer line located in the lake bed. ORDERED THIS 5th day of August 2010. FRED J. KAUFMAN HEARING EXAMINER Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 10 TRANSMITTED THIS 5th day of August 2010 to the parties of record: Gerald Wasser Jerry Brennan 1055 S Grady Way 3405 Lake Washington Blvd. N Renton, WA 98055 Renton, WA 98056 Kayren Kittrick 1055 S Grady Way Renton, WA 98055 TRANSMITTED THIS 5th day of August 2010 to the following: Mayor Denis Law Dave Pargas, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Marty Wine, Assistant CAO Transportation Division Gregg Zimmerman, PBPW Administrator Utilities Division Alex Pietsch, Economic Development Neil Watts, Development Services Jennifer Henning, Development Services Janet Conklin, Development Services Stacy Tucker, Development Services Renton Reporter Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., August 19, 2010 Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $250.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., August 19, 2010. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council.