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HomeMy WebLinkAbout11-16-2022 - HEX Decision Brown outdoor storage violation BEFORE THE HEARING EXAMINER OF RENTON REPORT AND DECISION – APPEAL OF NOTICE OF VIOLATION FILE NUMBER: CODE-22-000183 SITE OF VIOLATION: 11444 SE 164th St. Renton, WA 98055 PROPERTY OWNER: Jennifer Brown 11444 SE 164th St. Renton, WA 98055 REVIEW AUTHORITY: City of Renton TYPE OF CASE: RMC 4-5-130(B)(4) – Outdoor Storage Violation DISPOSITION: $100 fine to be waived after one year of no further violations. INTRODUCTION Ms. Brown has been issued a Notice of Violation (NOV) alleging a violation of RMC 4-5- 130(B)(4) for outdoor storage violations for storing landscaping materials associated with her business under a tarp in her front yard located at 11444 SE 164th St. The NOV is upheld. The $100 fine assessed by the NOV is suspended for one year though November 16, 2022. If Ms. Brown has no further violations of the Renton Municipal Code through that date, the $100 fine shall be waived. TESTIMONY Donna Locher, Renton Code Enforcement Officer, presented the City’s case. She went over the code compliance narrative and noted that she had driven past the violation site the morning of the hearing and found that Ms. Brown had abated the violation. She noted that the photos admitted into the record were taken from 164th street and that the outdoor storage violation was for storing in the front yard. Ms. Locher stated that Ms. Brown had told her that the stored materials at issue were for Ms. Brown’s landscape business. Ms. Brown did not dispute that she had stored materials in her front yard. She identified that she had stored some landscape materials under the blue tarp in her front yard and that the tarp had also been used to kill grass. She noted that she’s lived in the City for twelve years and has had no other violations and that there were numerous other violations in her neighborhood. Ms. Locher stated that the violations brought to her attention in the neighborhood via anonymous complaint had been abated. Ms. Locher stated she was willing to waive the fine for one year of no further violations. Ms. Brown asked that be reduced to six months. EXHIBITS The staff’s exhibit list identifying seven exhibits were admitted as Ex. 1-5 during the November 15, 2022 hearing date. FINDINGS OF FACT 1. Violation Site. The violation site is a single-family residence located at 11444 SE 164th St., Renton, WA 98055. The property is owned by Jennifer Brown, who resides at the violation site. 2. Notice of Violation. A Notice of Violation and Order to Correct (“NOV”) was issued on August 30, 2022. The NOV alleges that Ms. Brown stored materials in her front yard in violation of RMC 4-5-130 on August 22, 2022. 3. Outdoor Storage. It is uncontested that on August 29, 2022, Ms. Brown stored business landscape materials under a blue tarp in the front yard of her home located at 11444 SE 164th St. CONCLUSIONS OF LAW 1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review appeals of notices of violation as provided in RMC 1-10-5. 2. Zoning. The property is zoned R-6. 3. Code Violations: The Finding of Violation of this case (Exhibit 2) is based upon the violation of RMC 4-5-130(B)(4). The applicable criteria are quoted below in italics with accompanying Conclusions of Law that apply those criteria to the Findings of Fact made above. RMC 4-5-130(B)(4): Section 308 is deleted in its entirety and replaced with a new Section 308 Residential Outdoor Storage, which shall read as follows: . 308 Residential Outdoor Storage: 308.1 Purpose: The purpose of this section is to define and regulate the outdoor storage of materials on residential property while maintaining the character and use intended for single family residential neighborhoods. 308.2 Allowed residential outdoor storage: For RC and R-1 zoned properties, a maximum of four hundred (400) square feet of area may be used for outdoor storage. For R-4, R-6, and R-8 zoned properties, a maximum of two hundred (200) square feet of area may be used for outdoor storage. For R-10 and R-14 zoned properties, a maximum of one hundred feet (100') of area may be used for outdoor storage. Outdoor storage in excess of the above requirements is not permitted in the City of Renton. 308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially zoned property in the following areas: Front yards Side yards Slopes greater than fifteen percent (15%) Designated open spaces or restricted areas Critical areas, including wetland, streams and associated buffer areas 308.4 Emergency access: Outdoor storage areas shall not prevent emergency access to the residential structure or any other building. 308.5 Business related storage: Materials stored outdoors on residentially zoned properties shall not be owned by or used in any business or industry including a home occupation business. 308.6 Height limitations: Materials stored outdoors on residentially zoned properties shall be neatly stacked and not exceed a height of six feet (6'). Tarps may not be utilized for cover outdoor storage. 308.7 Firewood: Firewood must be split, neatly stacked, and intended for use on the premises on which it is stored. Tarps may be used to cover firewood. 308.8 Membrane structures: Membrane structures are considered outdoor storage, and subject to the location restrictions in section 308.3. Such structures shall not exceed two hundred (200) square feet in area. Membrane structures shall be immediat ely removed or repaired in the event of disrepair or in the event of damage caused by weather, fire, collision, accident, or other forms of damage. Tarps and makeshift covers are prohibited for this use. 308.9 Prohibited materials: Shipping containers and other similar storage units do not qualify as accessory buildings on residentially zoned properties, and are prohibited. Hazardous materials are also prohibited for outdoor storage on residentially zoned properties. (Ord. 5710, 4-14-2014; Ord. 5917, 12-10-2018; Ord. 6010, 1-25-2021) 4. Violation. As owner of the violation site, Ms. Brown violated Sections 308.3, 308.5 and 308.6 as quoted above for storing business materials in her front yard. 308.3 prohibits outdoor storage in front yards. As determined in Finding of Fact No. 3, it is uncontested that Ms. Brown stored materials from her landscape business in her front yard. 308.5 prohibits the storage of business materials outdoors. As determined in Finding of Fact No. 3 it is uncontested that Ms. Brown stored some of her business landscape materials outdoors. 308.6 prohibits the use of tarps for outdoor storage. As determined in Finding of Fact No. 3, it is uncontested that Ms. Brown stored landscaping materials under a tarp. 5. Outdoor Storage. Ms. Brown raised the reasonable question of what qualifies as “outdoor storage.” She noted that items typically left on patios could be considered outdoor storage. The storage of business related materials qualifies as outdoor storage, which applies to the materials stored by Ms. Brown. The code sections subject to the NOV under appeal are provisions from the International Property Maintenance Code (IPMC). The IPMC doesn’t have a definition for “outdoor storage.” The City’s zoning code defines “outdoor storage” as follows: The outdoor accumulation of material or equipment for the purpose of sale, rental, use on site, or shipping to other locations. This definition excludes bulk storage, hazardous material storage, warehousing and distribution, vehicle storage, and outdoor retail sales. RMC 4-11-190. As a definition from the zoning code, the “”outdoor storage” term as defined above is focused more on commercial and industrial storage, since this is a use assigned to commercial and industrial zones. Unless the landscape materials on Ms. Brown’s property are considered to be “shipped” to other sites, her storage technically doesn’t as outdoor storage under the zoning definition. However, outdoor storage as defined by the zoning code is prohibited in all residential zones by RMC 4-2-060. Given this blanket prohibition, there would be no need for 308 as quoted above if “outdoor storage” were limited to the zoning code definition. Consequently, outdoor storage as contemplated in 308 extends beyond the zoning code definition. Webster’s defines storing as “to place or leave in a location (such as warehouse, library or computer memory) for preservation or later use or disposal.” Section 308 identifies that its purpose is directed at “maintaining the character and use intended for single family residential neighborhoods.” Given these factors, items typically left on patios such as patio furniture and barbecues are there for current use and not for preservation or later use. These items may sometimes only be used seasonally, but the lack of use at certain times of the year is consistent with residential character so the objectives of 308 are still served even if those items are not use d in winter and fall. Ms. Brown’s business related storage is not related to residential use and those items are kept on her property for future business use. The landscape materials thus qualify as outdoor storage and are subject to the restrictions of 308. Comments were made at the hearing that Ms. Brown may be allowed to store her business materials in her rear yard. Ms. Brown should verify with City staff that rear yard storage would be considered consistent with 308. 308.5 can be read as prohibiting all business-related storage on residential lots, including the rear yards of such lots. If business -related storage is treated the same as any other storage in 308.2, which authorizes rear storage, 308.5 would be rendered meaningless since it would add nothing to outdoor storage regulation. 6. Suspended fine. At hearing the City agreed to waive the $100 fine imposed by the NOV after one year of no violations. Ms. Brown requested that be reduced to six months. Since Ms. Brown ignored two Warnings of Violation, she has a record of noncompliance. For this reason, the City’s recommendation for one year suspension is granted. DECISION The appeal is denied and the $100 fine is suspended pending no further violations of the Renton Municipal Code for one year through November 15, 2023. If no violations occur within that time, the fine shall be waived. If a violation does occur, payment of the $100 fine shall be due and payable 30 days from the date of second violation (as extended by any appeals or factual determinations). Decision issued November 16, 2022. Hearing Examiner NOTICE OF RIGHT TO APPEAL Appeal to Superior Court. An appeal of the decision of the Hearing Examiner must be filed with Superior Court within twenty-one calendar days, as required by the Land Use Petition Act, Chapter 36.70C RCW. Code Enforcement Decision -- 6