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Home My WebLink About08/06/2013 08 Appeal Hearing; Order to Restore Paved Walkway Improvement at 207 North 33rd Avenuer It +' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.�- For Meeting of: 8/6/2013 ITEM TITLE: Appeal Hearing - to consider appeal of Ron Pendleton from a Decision of the Hearing Examiner affirming Notice of Noncompliance /Order to Comply with code enforcement order.to restore paved walkway improvement along frontage of 207 North 33rd Avenue, Yakima. SUBMITTED BY: Mark Kunkler, Senior Assistant City Attorney SUMMARY EXPLANATION: This case concerns a paved walkway requirement imposed as part of a short subdivision. City codes required construction of sidewalk improvements in conjunction with approval of the short subdivision in this case. On review by the City Engineer, it was recommended that, instead of a typical concrete sidewalk, the developer /subdivider be required to construct a paved walkway consisting of paving blocks ( "pavers ") along the frontage of the two lots. The pavers were installed. The paved walkway lies within the street right -of -way owned by the City of Yakima. Mr. Ron Pendleton purchased one of the subdivided lots. During construction of a new house on the property, he removed the pavers without permit and planted lawn and an underground sprinkler system. The City issued a Notice of Noncompliance /Order to Comply requiring restoration of the paved walkway. Mr. Pendleton appealed the enforcement order. On appeal, the Hearing Examiner affirmed the City's enforcement order and required restoration of the walkway improvement. Mr. Pendleton has now appealed to the City Council. This is a quasi - judicial closed record hearing, and the City Council, sitting as judge, may consider the evidence and documents of record before the Hearing Examiner, as well as briefs and arguments of the parties based on such record presented at the hearing of this appeal before the City Council. Following the appeal hearing, proposed Findings of Fact and Conclusions of Law will be presented corresponding to the City Council's Decision. Resolution: Ordinance: Other (Specify): Appeal of Hearing Examiner's Decision. Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Amount: Improve the Built Environment City Manager Deny the appeal and affirm the Decision of the Hearing Examiner. The Hearing Examiner affirmed the City's Notice of Noncompliance /Order to Comply by Decision issued May 23, 2013. ATTACHMENTS: Name: Description: ❑ CC PACKET Pendleton CC APPEAL 1 of 2.pdf CC PACKET - Pendleton - CC APPEAL 1 of 2 F-] CC PACKET Pendleton CC APPEAL 9 of 9 ndf CC PACKET - Pendleton - CC APPEAL 2 of 2 APP#002-13 City Council Appeal Hearing August 6, 2013 I& N Appticant: Ron Pendleton File Numbers: APP#002-13 (APP#001-13) Site Address: 207 North 33d Avenue Staff Contact: Jeff Peters, Associate Planner I I I I , I CHAPTER AA Hearing Examiner's Decision on Appeal 0 CHAPTER BB Appeal to City Council — Memo & Documents CHAPTER CC Appeal to City Council — Application CHAPTER DD Appeal to City Council — Notices CHAPTER A Staff Report & Applicable Codes CHAPTER B Plat Plans & Site Photo CHAPTER D Public Notices CHAPTER F Exhibits Submitted at Hearing Examiner's Public Hearing RON PENDLETON APP #002 -13 EXHIBIT LIST CHAPTER AA Hearing Examiner's Decision on Appeal May 2, 2013 UM 1 A. Introduction. The introductory findings relative to the public hearing process this appeal may be summarized as follows: Ron Pendleton 1 Appeal of a Notice ofNon- Compliance/Order to Comply 207 North 33d Avenue a1 -1 INDEX Ron Pendleton 2 Appeal of a Notice of Non- Compliance/Order to Comply 27 North 33d Avenue AP 01 -13 4 iii I- Appellant. The Appellant is Ron Pendleton, 400 Alps Road, Moxee, Washington. (Exhibit C-2). 11. Rep xsentative of the Ap ell _ant. The representative of the Appellant for this R appeal is attorney Kevan Montoya, 4702 A Tieton Drive, Yakima, Washington. (Exhibits 1, F-2, F-3 and F-5). Ill. Location. The location of the property involved in this appeal is 207 North 33rd Avenue. The Assessor's Parcel Number is 181322-14539. (Exhibit A-Z page 1; Exhibits F- 1, F-2 and F-3). can Pendleton 3 Appeal of a Notice of Non- Compliance/Order to Comply 207 North 33d Avenue AP r -13 JA * In a nature shall be limited to those points cited in the appeal application and that the Hearing Examiner may affirm or reverse, wholly or in part, or modify the order, requirement, decision or determination. (Exhibit A-], pages 2, 3 and 4). VT. Bacimround of Events Leading to the A.p.peal. The background of even leading to this appeal may be summarized in large part as detailed in the Planni Division staff report as follows: (1) On April 19, 2010, Dale and Midge Peterson submitted an application for a Preliminary Short Plat to subdivide the subject property at 209 North 33 rd Avenue into two separate lots of record under City File Number PSP #005-10. (Exhibit,4-1, page 1; Exhibit D-2, page 1). Ron Pendleton 4 Appeal of a Notice of Non- Compliance/Order to Comply 207 North 33d Avenue AP 01 -1 Obtain all associated permits for the replacement of the sidewalk/walking path; and 2) Replace the required five-foot wide hard surfaced sidewalk/walking path for this parcel frontage." (Exhibit D-2, pages I and 2; Exhibit 5 ofExhibit F-�). Ron Pendleton 5 Appeal of a Notice of Non- Compliance/Order to Comply 207 No 33d Avenue AP 1 -1 DOC. IND 10 M-1 Ron Pendleton 6 Appeal of a Notice of Non- Compliance/Order to Comply 207 North 33rd Avenue A 01 -I3 1 .............:1....... n ..................... I..,........................... Ron Pendleton 7 Appeal of a Notice of Non - Compliance /Order to Comply 207 North 33`d Avenue AP 001 -13 N! � ■ Ron Pendleton g Appeal of a Notice of Non- Compliance/Order to Comply 207 North 33rd Avenue A 001 -]3 I i I i' I `' I# 10111111 111�1!,j Ron Pendleton j Appeal of a Notice ofNon- Compliance/Order to Comply Qi North 33`d Avenue AP P#001-13 specific Findings relative to the second stated ground for this appeal to the effect that Code is unreasonably requiring that he install a walkway or hard surface, even though has installed sprinklers and lawn, are as follows: I Ron Pendleton 10 Appeal of a Notice of Non- Compliance/Order to Comply 207 North 33d Avenue AP 01 -1 ....... ...... ..... . . ...... A. i . . �' i ��., _ Similarly, Webster's Ninth New Collegiate Dictionary and Black's Law Dictionary are referenced in YMC § 15.02.020 as authoritative sources for the ordinary accepted meaning of terms. The Webster's Ninth New Collegiate Dictionary (1998) defines 4C sidewalk" as.- tca usu. paved walk for pedestrians at the side of a street." [Emphasis added]. Black's Law Dictionary (6' Ed. 1990) defines "sidewalk" as follows: "That part of a public street or highway designed for the use of pedestrians, being Ron Pendleton 12 Appeal of a Notice of Non- Compliance/Order to Comply 207 North 33d Avenue AP O1-t3 M ,j An exclusively reserved for them, i constructed somewhat differently than other portions Ron Pendleton 13 Appeal of a Notice of Non- Compliance/Order to Comply 207 North 33d ,Avenue APP# 1 -1 111 +'+ :::::.. 1:::::: :: w X. Analysis of Additional Arguments Presented in this A ann- ppeal. The He i g Examiner's specific Findings relative to additional arguments presented in this appeal regarding the $50 per day penalty for removal of the cinderblock walkway and the Based upon the foregoing Findings, the Hearing Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction to decide this appeal of a Notice of Noncompliance/order to Comply by virtue of YMC � 1.43.080, YMC § 15.16.030(F) and YMC § 15.25.060(C)(5). Ron Pendleton 14 Appeal of a Notice of Non- Compliance/Order to Comply 207 North 33d Avenue APP#001-13 DOC. INDEX (3) The City had authority under its short plat ordinance provisions to require sidewalk for this short plat and to adjust the design standards thereof so as to allow t sidewalk to consist of latticed cinderblocks. Even if the City had lacked authority impose that condition, it became final for lack of an appeal of the short plat conditiol ?nd could not now be contested. (4) Ihe Appellant as the owner of property abutting a sidewalk within the City right-of-way as defined by YMC � 8.76.020(l) failed to maintain the sidewalk required by YMC § 8.76.025. 1 (5) The Appellant disturbed a sidewalk and the public street bli right-of-way where it was located which is a puc place without a permit in violation (8) The appeal fee should not be refunded in view of the Hearing Examiner disposition of this appeal even if he has authority to do so. I Ron Pendleton 15 Appeal of a Notice of Non- Compliance/Order to Comply 207 North 33d Avenue APP#001-13 (9) This decision may be appealed to the Yakima City Council within the time and in the manner required 15.16.040. KUM= This appeal is denied and the Notice of Noncompliance/Order to Comply affirmed without the imposition of any daily monetary penalties so long as the coTrecti measures required by the Order to Comply are completed within the timeframe requirl WATED this 23d day of May, 2013. Ron Pendleton Appeal of a Notice of Non- 207 North 33d Avenue APP#001-13 In Gary M Cufllier, Hearing Examiner RON PENDLETON APP #002 -13 EXHIBIT LIST CHAPTER BB Appeal to City Council — Memo & Documents JDQC DOCUM DATE -- M_ * BB -1 Ron Pendleton's Supplemental Brief RE: City's Notice of 05/07/2013 Non-Compliance submitted by Kevan Montoya BB -2 City of Yakima's Memorandum in Support of Hearing 07/22/2013 Examiner's Decision including Memorandum of Points and 05/06/2013 Authorities submitted by Mark Kunkler I-MG7115.1ins of Noncompliance/Order to Comply Concerning: CITY OF YAKIMA, a municipal Corporation, w . Jh - WE WIW�# M 207 North 336 Avenue, Yakima, 10sm"I A -P A I <«I<» 104 1:43 1160k,V"32 11911 a - DOC. INDEX # RR' - The City • Yakima requests that the City Council affirm the Decision of the Hearing Examiner. The Hearing Examiner's Decision accurately states the facts and issues in the case. Additionally, the City relies on the record and its briefing previously submitted to the Hearing Examiner. Phone: (509) 575-6030 Email.- markAunklar %takimaw DOC. INDE # P) 1 2 3 4 5 6 7 I 10 11 12 13 14 15 16 17 1 23 24 25 26 27 28 29 30 31 32 33 low] 1 0 a OF THE CITY OF YAKIMA CITY OF YAKIMA, a municipal corporation, im 1 1i 111,15111, P41yBeRWO4117*101 .1 us) INOW-1101 03FRUNMI Fla" 14V NEI CIS On April 11, 2013, the Hearing Examiner held an appeal hearing in the above-referenced A. Applicable Laws and Codes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 process, the applicant in this case submitted a survey showing the above items. (Exhibit B-1, The criteria for administrative approval requires review of the application by the cit] 14.15.020 Criteria fora proval. The administrator shall approve the short subdivision and short plat if, and only after making written findings and conclusions that: A. The application complies with the general requirements for short subdivision approval as speced by this chapter. C. The short subdivision and any associated dedication will serve the public interest. ji� 1, 111 11, '1111 IN! I i 11 11 � NalliMl I � � � T"MOSTEM M, B h1=1 Mi W- Kai IQIN Mr-1110 MAU 19 9091 KIM WME �a;rli � W -, - TWUMM CIVIL DIVISION 200 South Third Street Yakima, WA 98901-2830 (509) 575-6030 Fay.57"160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 nff1- I � A final short plat shall be legibly drawn, printed, or reproduced by a procest guaranteeing a permanent record in black on Mylar, or equivalent, and shall b+ eighteen inches by twenty-four inches in size. It shall show: 0, 4 B. The taxation parcel number or numbers assigned by the Yakima County assessor to land proposed to be divided. M= D. The names or recording numbers of any contiguous subdivisions or short subdivisio.-ts. F. Location, size, purpose and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land proposed to be divided. G. Location of any roads, rights-of-way, or easements proposed to serve the lots within the proposed short plat with a clear designation of their size, purpose and nature. a written decision dated June 21, 2010 approving the preliminary short plat with conditions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 7. An approved five-foot wide hard surfaced sidewalk/walking path is required to be installed for this parcel's frontage prior to recording of the final plat. (YMC Section 12.05.010,.20 &.40) At the conclusion of the Decision is a notice advising of the right and duty to appeal: This decision shall be final unless appealed within 14 days following the mailing of the final decision. All appeals must be in accordance with YMC 14.15.110 of the.[sic][Yakima Municipal Code], Appeal forms may be obtained from the Department of Community and Economic Development and must be accompanied by the application fee for filing short plat appeals C"ity code provisions governing maintenance, repair and replacement of sidewalks F CITY OF YAKIMA MEMORANDUM DOC. CITY OF YAKIMA LEGAL DEPARTMENT OF POINTS AND AUTHORITIES - 5 INDEX CIVIL DIVISION 200 South Third Street Yakima, WA 98901-2830 # (509) 5754030 1 2 3 4 5 6 7 8 9 10 01 21 22 23 24 25 26 27 28 29 30 I The dimensions and location of the lots is maintained in the final short plat. Each lot is shown as 125' x 65, and the distance from centerline of the road to the easterly lot line is maintained at 25 feet. Thus, the 25 feet of public right-of-way is maintained in the final plat. C. Mr. Pendelton had Actual Notice of Improvement. North 33d Avenue, dated january 28, 2013. The photograph shows the uncovered pavers along Tt is undisputed that �& Pendleton observed the improved walkway surface. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 valuable consideration." Glaser v. Holdorf, 56 Wn.2d 204, 209, 352 P.2d 212 (1960). The notice "need not be actual, nor amount to full knowledge..." Daly v. Rizzutto, 59 Wash. 62, 65, 109 P. 276 (19 10). See Glaser v. Holdorf, supra at 209, 352 P.2d 212; Paganelli v, Swendsen, 50 Wn.2d 304, 308-09, 311 P.2d 676 (1957); 77 Am.Jur.2d Vendor andPurchaser § 656-57 (1975) (Citation omitted.) Peterson v. ffWst, 48 Wash. 339, 341, 93 P. 519 (1908). See 2 J. Pomeroy, Equity § 605 (5th ed. 1941). IT'hile oux determination of what is sufficient to put an ordinary prudent person upon inquiry notice has varied, see Rudesman v. Foley, supra, Daly v. Rizzutto, s4%ra, Peterson v. ff��ig supra, a review of the record,�,ersuades us Miebach. was not a bona fide purchaser. At trial Miebach testified he had been an investor for 23 years and had "ventured into real estate...." (a) The recorded short plat gives the dimensions of the lot, showing that the lot line lay twenty-five (25) feet away from the centerline of North 33" Avenue, and that the actual curb line lay perhaps twenty feet from the street centerline. Thus, riRht-of-way. (b) �&. Pendelton observed the pavers in the ground as be was engaged in constructing the new home, 0 V1 p --mm 111 Irl on 1`111111 1 TWo 1 ii I I, s i M- 11-M t;UUaLj NVIIL L-W01111- It, WAL JLUL Uv iR "'WC1.1wol ... LU ruly UJI LM cMncern the title. ® CITY Of YAKIMA LEGAL DEPARTMENT CITY OF YAK IMA MEMORANDUM INDEX CrVrL SION' OF POINTS AND AUMORrIIES - 200 South Third Street Yakima, WA 9SM-2830 (509) M4030 "'Fars`. 96f) 11 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 (f) Removal of Public ImpEgygment Without Pertnit. Nfx. Pendleton rwg 0 N MITI I mm now p� I iip�1111��Ipi�111111 1111 kN1 vzmg I Simla 0 a all rAn Mt I I CIVIL DfVFS1ON 200 South Third Street Yakima, WA 09 98901-2630 (5) 575-4030 Pay q7q-41fif) 1 2 3 4 5 6 7 8 9 10 11 12 lien I N 18 19 20 21 22 23 24 Z5 26 27 28 29 30 31 32 33 Lai 01 'ILa I I The undersigned hereby certifies under the penalty of perjury under the laws of the State of Washington that on this date I served a copy of the foregoing pleading, by personal hand delivery, on- Kevan T. Montoya 4702 Ticton Drive Ste A I OT CIVILDIVISION 200 South Third Street Yakima, WA 98901-2830 (SO9) S75400 Fa%5754160 • u ► 1 INDEX 2 # M Emu r I M- W1 Or�ftft-llw- �Fk�t WI LI --n—e—orTTasnington, and is not intended and shall not be construed to limit any authority with which the city of Yakima may be vested with reference to construction, reconstruction or repair of sidewalks. The power and authority exercised by the city by the enactment of this chapter is intended to be concurrent with any other power and authority vested in the city with reference to the construction, reconstruction or repair of sidewalks, (Ord, 1704 § I (part), 1974). 8.7 6.020 Definitions. a WA0101 it meaning clearly appears TTOM T e conte , e tol OWE-g—Words shall have the following meanings ascribed to them: 1. 'Sidewalk" means any and all structures or forms of street improvement included in the space between the street margin and the roadway; provided, the sidewalk construction, 11 i i I V ill i i Doc. INDEx M 11111 r III i Iiiiiiiieril 11111 1 -Wil III11 I IIIIII11111i MEEKE�� 8.76.040 Sidewalk reconstruction or repair. ...... ........ . ........... ....... ... . . ..... ....... �*P, 04 convenience. The duty, burden and expense of constructing such sidewalk shall devolve upon the property directly abutting upon such portion of the street to be so improved upon the giving of notice as provided by AWT, IIIIII i 11 1 gjjZ�Rnown. then bv Zl!:I!''1;'l 110fina III "I A I pillilly, 9 ii =101 411111[1 1121,11i 11111 l�� ! 11! IIIHM � I directing the property owner to construct, reconstruct or repair the sidewalk in compliance with the preliminary notice. The final notice shall be given to the same persons and in the same manner as provided for giving a preliminary notice, which final notice shall require that the condition be corrected within a specific time frame Is t 4 DOC. INDEX ten calendar days of the date of the final notice. The written appeal must specify all grounds for the appeal, reauest a hearina before the citv council. INDEX (s° ' i 7 8 9 10 11 12 I. 29 30 31 32 33 Z 34 =OEM 35 APPEAL OF NOTICE OF NONCOMPLIANCE AND ORDER TO COMPLY CITY OF YAKIMA, WASHINGTON MUNCIPAL CODE APRIL 11, 2013 ME I 1 Ron Pendleton owns the property at 207 N, 33"d Avenue, Yakima, Washington, Yakima, WA 98M BRIEF.... 1 #—U� — (509) 895-7373 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 sidewalk. The requirement for the walkway is not recorded. The short plat states that the Petersons "do hereby grant and reserve the easements as shown hereon for the uses indicated hereon." No easement for a walkway exists on the short plat. (Dec. of Cpl I INIMMI i I I • a IZ=41i I I I i I I I I � I i! .11ROM two] 1 9 0 C. Did Ron Pendleton violate the provisions of YMC 12.05 and 15.05 by removing thnt ruliIiii A. An unrecorded condition of a short plat does not bind future property The City may not impose liability on a landowner who removes an unrecorded, latticed walkway that is not recorded as a City right-of-way. YMC 15.25.030 ona allows the City to impose a penalty on a property owner if the person "violates the MAMMN�� I had one. YMC 14.20.050 G., regarding preliminary plats requires that they show the 1 2 4 5 6 7 8 9 10 11 12 13 14 15 UM 171 INI 1, 21 22 23 24 25 26 27 28 The short plat that the Petersons filed did not include a right-of-way for a The City was required to show the walkway on the short plat if it wanted to claim a sidewalk. As in Ellingson, the document recorded with the City is not an appropriate basis to claim notice of a right of the City's. Additionally, Mr. Pendleton DOC. MONTOYA HINCKLEY PLC RCN PENDLETON'S SUPPLEMENTAL INDEX 4702AT*twDwe Yakima, WA 98908 BRIEF.... 3 (509) 895-7373 I 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 I did not know that the latticed invver&m 0 - I The City misquotes YMC 8.72.010. The version on-line at the City's web site Emu= Code where cited and does not appear anywhere else in the Code. Therefore, no part of the Code prevents Mr. Pendleton from talking out a walkway required by a decision of hearing officer. B. A public right-of-way for a road does not allow the City to impose liability on a property owner for removing a cinderblock walkway. The City violated substantive due process when it attempted to impose a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I sidewalk. RCW 35.22.280 (7) imposes the liability on the Cit] The Citv would viohz f;t; Tendleton a penalty of $50 per day for a removal of cinderblocks that do not appear as a recorded right-of-way. The substantive due process test of reasonableness for determining whether the police power has been abused was stated in Presbytery of Seattle v. King CO3.: 19 MONTOYA HINCKLEY PLLC INDEX 4702 A Maim Drive Yakima, WA 9M (509)095-7373 M I I 7 8 9 10 11 12 13 14 15 10 S I problem or '1-2) the regulation must tend to solve this problem, and 3) the regulation must not be 'unduly oppressive' upon the person regulated." The third inquiry will usually be the difficult and determinative one. In Rivett v. City of Tacoma, the court invalidated an ordinance that imposed liability on adjacent property owners adjacent to sidewalks to indemnify the City of Tacoma pl� 1 11 1 I vini E111 1 11 111 11� �� I I Mil D I i walkway is not a sidewalk. See YMC 12.05.020. YMC 15.05, regarding design I standards, has nothing to do with Mr. Pendleton having a single-family building permit approved. It specifically exempts them from the sidewalk requirements. YMC 111111111M. �11111111111 I III 'iI RIM, WRIMMIX11111! pi I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 the need for the appeal. This implicitly grants the hearing examiner the power to award the appeal fee to Mr. Pendleton, Mr. Pendleton requests that the hearing officer reverse the decision of the City that he has failed to comply and order the return of his appellate fee. Dated this day of May, 2013. i 1 109 IN war-jualor'111 mu")VILIMusim, WE By: --C-1 KEVAN MOt WSBA 19, RON PENDLETON'S SUPPLEMENTAL BRIEF.... 7 -791• IND7�-� MONToYA HINCKLEY PLLC 4702ATietonDmv Yalama,WA98•8 (W9)895.7373 1 2 3 4 5 6 7 8 9 10 iiI III I hereby declare under penalty of perjury under the laws of the state of Washington that on the date stated below I served a copy • this document in the manner indicated: Mark Kunkler ❑ First Class U.S. Mail City of Yakima, Legal 129 N. 2 d St., 2"d Floor ❑ Email Yakima, WA 98902 and Delivery o UPS Next Day Gary Cullier ❑ First Class U.S. Mail Hearing Officer 314 N. 2n, St. o Email Yakima, WA 98901 and Delivery ❑ UPS Next Day BRIEF.... DOC. INDEX V'JVwJff*AUKNUfJ-9� 4702 A TI Dhw Yakirm, WA 98908 (509) 896-7373 I A. A subdivision application may be submitted by an owner or owners of land, or by an authorized agent of an owner or owners, or by a duly authorized representative of any governmental agency if the subdivision is sought for a governmental purpose, and such application shall be filed with the city office of environmental planning. IM 1. A written application on a form provided by the planning division and signed by the land owner, owners, or authorized agent. 3. Twenty copies of the proposed preliminary plat of the property, prepared according to the requirements of YMC 14.20,050. 4. A nonrefundable application fee according to the current fee schedule adopted by city council. 5 A completed environmental checklist pursuant to the provisions of the State Environmental Policy Act (SEPA) and YMC Chapter 6.88 together with a nonrefundable processing fee according to the current fee schedule as adopted by city council. (Ord. 2011-08 § 1 (part), 2011: Ord, 98-65 § 2 (part), 1998). 14.20.040 Preliminary plat preparation. ................ . ...... --- .................. The proposed preliminary plat shall bLeL! LPreaPua�r�edbv a �Iand s�u�. I tip 14.20.050 Preliminary plat contents. . ........ The rimonspri prp-limimane nj it sh -I N-MU proposed name of the subdivisicia. Tkiis ane-912ILint-,i I--.- _- .1 - --l- i *-I - , - - ITT 7 A fx r i - 11 . 1 1%, 5 ° I ♦ 1e I x - y •— I . . Page 3 of 14 C. An accurate and complete legal description of the proposed subdivision. E. Boundary lines based upon a recent land survey of the land proposed to be subdivided a boundary lines of all proposed lots and streets. i J. Contour lines at two-foot elevation intervals for slopes less than ten percent and five-foot c-levation intervals for slopes more taturn if available. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.080 Notice of open record public hearing. A. The city shall give notice of the open record public hearing before the city of Yakima planning commission or the hearing examiner as follows: 14.20.190 Final plat—Prepa ration, . ........... A. Each final plat shall be prepared by a land surveyor registered in the state Of Washington and certified by the surveyor to be a true and correct representation of lands actually surveyed by him. e final plat shalf be i re ared b th C. The land survey of the final plat shall be referenced from two moriumented section or quarter section corners or, if the land lies within an existing subdivision, from two controlling monuments within the existing subdivision, D. Permanent survey monuments, as defined in YMC Chapter 14.10, shall be placed at all lot corners and street intersections, (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.170_ 14.20.200 Final plat--Conformance with preliminary plat approval-. 14.20.210 Final plat—Requirements. ... ....... .... Each final plat submitted for approval shall be drawn at a scale of one inch equals one hundred feet or larger, shall be eighteen inches by twenty-four inches in size, and shall contain the following information on the face of the plat or on additional sheets if approved by the administrator: [�.�ccurate and couglete lepAl D. A complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections, E. Boundary lines of the subdivision; of the proposed lots therein; of the rights-of-way for any streets, highways, roads, easements or other uses; and of any associated dedications; all to be indicated by accurate dimensions, bearing or deflection angles, and radii, arcs, and central angles of all curves. F. Notation and description of any protective improvements or dedications required by the ci council or otherwise provided. I G. Reference to any recorded subdivision or short subdivision adjoining the subdivision. 00C. INDEX fill A 1 .4 air # Page 10 of 14 a Professional Land Surveyor, do hereby certify that the plat of is based upon an actual survey and subdivision of Section Township _, Range _, that the distances, courses, and angles are shown thereon correctly and that monuments and lot corners have been set on the ground as shown on the plat. 0. If the subdivision lies wholly or in part in an irrigation district, a statement evidencing irrigation water right-of-way in substantially the following form: The property described hereon is wholly or in part within the boundaries of the Irrigation District and all lots within the short plat are subject to I terms, conditions, reservations and obligations in the present and future concerning irrigation water rights-of-way and easements as may be imposed by said district in accordance with the law. I P. Dedication by the owner of streets, rights-of-way, easements, and any sites for private, semi- private, or public use, #. The signature of the city engineer ■ other licensed engineer acting on behalf ■ the city, Signature by the city engineer shall certify that the subdivision applicant has either I. Completed all improvements in accordance with these regulations and with the action of tWA zyj�■ 2. Submitted a bond or other method of security in accordance with the provisions of YMC S. A space for the signature of the mayor, whose signature shall evidence the approval of the final plat by the Yakima city council. (Ord. 2011-08 § 1 (part), 2011: Ord, 98-65 § 2 (part), 1998. Formerly 1410190). ( al B. The city council shall review the final plat during the public meeting and shall approve the fin plat if the city council determines that the final plat conforms to the conditions of preliminary plat approval and applicable state laws and meets the the preliminary plat was approved, C, Upon approving any final plat, the city council shall authorize the mayor to sign the final plat evidence of city council approval. (Ord. 2011-08 § I (part), 2011. Ord. 98-65 § 2 (part), 1998 Formerly 14,20.200). 1 A. The alteration or vacation of final plats filed for record in the office of the Yakima County auditor shall comply with the provisions of RCW Chapter 58.17, 810 P.2d 910 117 Wash,2d 24,810 P,2d 910 (Cite as: 117 Wash.2d 24, 810 P.2d 910) a I ii Court of Appeals' decision reversed, Superior Court's decision affirmed, III= 141 Easements 1411 Creation, Existence, and Termination 14 1 k20 Right as Against Purchasers of Servi- ent Tenement 141 k22 k. Continuous and apparent ease- on ments, and notice. Most Cited Cases 400 Vendor and Purchaser 400V Rights and Liabilities of Parties 40OV(C) Bona Fide Purchasers 400k225 Notice **911 *25 Witherspoon, Kelley, Davenport & Toole, P.S., Robert H. Lamp, Spokane, Sonderman, Harnes & Anderson, Carl G. SondeTman, Richland, for petitioners. It'ennis DeFelice, Franklin County Prosecutor, Robert A. Ellis, Deputy, Yakima, for respondent Franklin County. The issue is whether a conveyance of an ease- MIIII DOC. INDEX httDs.gweb2.westlaw.com/nrint/nri,ntqtre,,qtn AQnvq,,t;r4=i R,.,r --uriwrr n- r le f— - 810 P,2d 910 117 Wash.2d 24, 810 P.2d 910 (Cite as: 117 Wash.21 24, 810 P.2d 910) ment gives constructive notice to a bona fide pur- chaser when that conveyance is "recorded and filed" in the county engineer's office, but is not re- corded with the county auditor? The answer is that t, recording and filing" in the county engineer's of- fice does not give constructive notice, Unless the county engineer's statute avoid' 1, necessity of recording with the county auditor, conveyance had to be recorded because a gov M-M mental entity is **912 required to record appropri- ate documents. Lind v. Bellingham, 139 Wash. 143, 147, 245 P. 925 (1926). FN 1, We note that some statutes create their own priority and notice outside of the general recording statute, e.g., RCW 84.60O 10, the general tax lien statute. Second, the statute itself contains a statement of its purpose. It requires recording and fiting of various documents, even repair orders "in order to have a complete history of any such road, highway, 0 2013 Thomson Reuters. No Claim to Orig. US Gov. Works. DOC. INDEX 810 P.2d 910 117 Wash.2d 24, 810 P,2d 910 �. j I � "Iiiiiiiii P.2d 9101 bridge, ditch, ♦ other survey...." RCW 36.80.040. There is no hint of notice to the public. Third, the fact that the statute provides that thq county engineees office is an office of record does not evidence an intent to provide constructive no- tice. "A record may be a public record for one pur- pose and not for another." MocEwan v. Holm, 226 Or. 27, 36t 359 P2d 413 (1961). This court, like the Indiana court in the cited case, has long recognized the clear need for, and purpose of the general recording act, RCW 65.08. MT_Q� on Likewise, Kroetch v. Hinnenkamp, 171 Wash. 518, 521-22, 18 R,2d 491 (1933). *29 Italics ours.) This clear rule started with Ritchie v. Griffiths, I Wash. 429, 25 P, 3 )41 (1890). WIMMM 0 2013 Thomson Reuters, No Claim to Orig. US Gov. Works, DOC. INDEX we-.qtl;iw r.nm/nr;nf/1nrinfctrf-nm V_A—_T_1'rXAY T2,Q1,_-11)An17r011 0- C le 1,%n I -� 810 Pa it 910 117 Wash.2d 24,810 R2d 910 (Cite as: 117 Wash.2d 24, 810 P.2d 910) The County in its brief does point out the ference between the 1897 and the 1927 recording acts (Brief of Appellant, at 11), but it does not con- tend that the instrument under which it claims title to the road casement was not a "deed" within the meaning of the 1897 recording act, Inexplicably, UMSWJM OM The Court of Appeals held there was no issue as to inquiry notice, The County has not preserved that question since it filed no answer to the petition for review. RAP 13.4(d). The Court of Appeals is reversed. The judg- ment of the trial court is affirmed. DOC. INDEX httns-1/iveh2.we .qtly w-com/nrint/nrint,zfrp,qrn :1CnV%itM=1 srnr4t="TK,4T VR1—'21ATV7t7ei P_ ch, In A In 810 P.2d 910 117 Wash-2d 24,810 P-2d 910 Id '24 clue that the Ellingsens did have constructive no- tice. The general recording statute in effect in 1909 when the Samuel Brown Road was established was substantially different from the present one, Tlia) recording statute stated in relevant part: In 1927, 18 years after the petition, waivers of -damage, and resolution creating the Samuel Brown Road were filed in the Franklin County engineer's office, the statute was amended to include not only deeds, mortgages, and assignments ■ mortgages, but also other conveyances as follows: The to "conveyance" includes every written MUMEM, EM FN2. Laws of 1927, ch. 278,§ 1. The present general recording statute,RCW 65.08.070, last amended in 1927, reads in relevant part: IN WIMIM'k, OMM, WIM MM/web2.westlaw.corn/nrinf/nrint-,trt-,qm qqnY9iifit4= 1 Rr%rf1-_-1JTXAT 810 P,2d 910 117 Wash.2d 24,810 P,2d 910 ;! - i FN4. Hendricks, v. Lake, 12 as .App, 15, 21, 528 P.2d 491 (1974) (citing Pagarrelli), FN5. See, ag,, Paganelli v. Swendsen, Wash.2d 304, 311 P.2d 676 (1957), 1 FN6. Casa del Rey v. Hart, I 10 Wash.2d 65, 71, 750 P.2d 261 (198 8) (quoting Miebach v. Colasurdo, 102 Wash.2d 170, 175-76, 685 P2d 1074 (1984)) FN7. Glaser v. Holdorf, 56 Wash2d 204, 209, 332 P,2d 212 (1960) (citing Paganelli v. Swendsen, 50 Wash.2d 304, 308-10, 311 P.2d 676 W I Page 6 tit 8 Page 6 states in relevant part: *34 Sec. 2. (T'he county engineer] shall keep in [the engineer's) office a highway plat book in which (the county engineer] shall have accurately platted all public roads and highways established by the board of county commissioners. Section 4 is substantially similar to the present statute, RCW 36.80.040, which states in relevant part: 810 P.24 910 117 WashId 24, 810 P.2d 910 17 2A. 910 P-2d 91 Mzp p FNS. E.g., Nisqually Delta Ass'n v. DuPont, 103 Wash.2d 720, 7301 696 P 2d 1222 (1985). FN9. E.g., Nisqually DellaAssn v. DuPo-qA 103 Wash.2d 720, 730, 696 P.2d 12 (1985), citing Tommy P. v. Board of Coinm`rs, 97 Wash.2d 385, 391, 645 Pi 697(1982). kFATMWO MEMMM M LWWA MGJK.us OWan p 0 The county engineer's office from 1907 to 1927 was the only statutorily designated repository for records pertaining to county roads, Until 1927, the general Tecording statute, codified in 1897, referred W�y �M DOC. INDEX # 6L- httT)-,://web2.weqtlnw v.nm1nrint/nrint-,trPnm nqnv9ntM=1 Rr"rft---UTN.4T V. C 1,C/nAl -I Fage z5 ot 8 810 P.2d. 910 Page 8 117 as .2 24,810P d 910 (Cite = 117 Wash.2d 24,810 P.2d 910) waivers of damage and resolution with the county engineees office did not provide constructive notice of the Samuel Brown Road. DORE, C.J., and DOLLIVER, J., concur. Wash, 1991. Ellingsen v. Franklin Coun 117 Wash.2d 24, 8 10 P.2d 91 UnnPLUT 0.1.4 rAk-AV A 11111 ulj I uk_ I lul-46 Page t of / Chapter 8.72 FIM 6*07492M 832.010 Permit required—Fee. 832M0 Permit application—Conditions. 8.72,030 Notice to fire chief and director of public works, 832040 Purpose of permit Backfilling—Repair of sidewalk. 8.72.045 Barricading—Rules and regulations. 8.72.050 Barricades—Lights. 8.72.060 Bond. 8.72,070 Indemnification and hold harmless. 8,72.080 Insurance. 8,72.090 Denial of permit. 8.72.010 Permit required—Fee. A. Permit Required—Administration of Chapter, (2) In case of an emergency arising outside of office hours when an immediate excavation may be necessary for the protection of life and property, it shall be reported • the director of community and economic development or designee on the first working day thereafter. The permit for said work shall be obtained at the time of reporting. ASIMM (1) Basic Fee. A basic fee shall be paid by the applicant for each permit issued pursuant to this chapter. Effective January 15, 2013, there are imposed the following permit fees: (c) Prior to the new construction or major reconstruction of any street, the owners of 'a;F efwixq�-A' -UVSUUff?'i* a city franchise will be notified in advance of commencement of the work so as to allow reasonable time for the installation, adjustment or extension of underground lines and associated structures. (d) Revenue from the additional fee required by this section shall be deposited in the street maintenance account of the street division for general city street maintenance purposes. (Ord, 2012-59 § 3, 2012: Ord. 2012-28 § 1 (Exh, A) (part), 2012: Ord 07 05 . 20- § 1, 200T Ord. 3345 § 1, 1991: Ord. 3322 § 1, 1990: Ord. 3243 § 1, 1990: Ord. 2719 § 1, W A 1 compliance with the following terms and conditions: examine such application and plat and, if he shall approve the same, may issue a permit therefp0c. INDEX of, through, under, on or near which such acts are to be performed or done, and the name of the street-, allev- sidewalk or other public Place., together with des 11! 1, � I!: I !! i I I I 1:ni I i� M be done under such permits, and the length of time allowed for the completion thereof. said work to be collected in a civil action in any court of competent jurisdiction. Provided further, that nothing herein stated shall affect in any way the duty of the one acting under condition. (Ord, 2012-28 § 1 (Exh. A) (part), 2012: Ord. 2007-05 § 2, 2007: Ord. 994 § 2, 1968: Ord B-2037 § 2, 1957). 1 8.72.040 Purpose of permit—Backfilling—Repair of sidewalk. ........... .... .. ..... ...... .......... - .. ......... The director of public works is authorized to grant permits when appropriate to such persons as may apply therefor to use, occupy and obstruct streets, alleys and sidewalks adjacent to a construction n-M —, — — — . I a a x sa.ra t cJ %aA.,'aJ A A c I A%jj1q0 indemnification in any third party. (Ord. 2012-28 § 1 (Exh. A) (part), 2012). F. MW U#-I#J 5 A. General Requirements. 2. The applicant shall keep this insurance in force during the term of the affected work and f4 thirtv days after the Dhvsical comoletion is Ise It, ■Ica ad I M-MMC= 4. The applicant's and all subcontractors' insurance coverage shall be primary and noncontributory insurance as resoects the citv's insurance. self-insuraice. or rtsurgil;&UMI EUE03 5. The applicant shall provide the city and all additional insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. k-AIUP L01 0 - /- rA%-A v A I AJ1V-3-1JJJ 6 1 KU U I WN N Page 6 of 7 7. The applicant shall not begin work under the permit until the required insurance has been 30 V. Failure on the part of the applicant to maintain the insurance as required shall constitute a lw"-WAM*� 24"M cipplicant to correct the breach, immediately terminate the permit, -MM= B. Additional Insured. All insurance policies, with the exception of workers' compensation, shaV name the following listed entities as additional insured(s): by the applicant, whether primary, excess, contingent or otherwise, irrespective of whether such limitt maintained by the applicant are greater than those required by this permit, and irrespective of Cti-*J-r describes limits lower than those maintained by the applicant. IMME= b. If the applicant does not own any vehicles, only 'nonowned and hired automobile liability" will be required and may be added to the commercial liability coverage at the same limits as required in that subsection above entitled "Commercial General Liability Insurance." Workers' Compensation. The applicant shall comply with workers' compensation coverage as reguiread bby the industrial insurance laws of the state of Washjnotoiiir.-03��vt, M, M i 8.72.090 Denial of permit. ........... No permit shall be issued to any person, firm or corporation who is delinquent in the payment of any fees or charges fixed by this chapter or who refuses or neglects to comply with any of the provisions of this chapter. (Ord. 2012-28 § I (Exh. A) (part), 2012: Ord. B-2037 § 8, 1957. Formerly 8.72,080), City Website: http:l/www,yakimawa.gov/ (http:1Mww.yakimaw&gov0 City Telephone: (509) 575-6037 DOC. INDEX RON PENDLETON APP #002 -13 EXHIBIT LIST CHAPTER CC Appeal to City Council — Application rc- DOCU EDIT � I�ATF Application submitted by Ron Pendleton appealing the 06/12/2013 Hearing Examiner's Decision on APP #001 -13 iD.r LAND USE APPLICATION RECEIVED JUN 12 2013 PLANNNG DIV. CITY OF YAKIMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98902 VOICE: (509) 575 -6183 FAX: (509) 575 -6105 INSTRUCTIONS —PLEASE READ FIRST Please tyee or print your answers clearly. Answer all questions completely. If you have any questions about this form or the application process, please ask a Planner. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART 11 and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. PART I — GENERAL INFORMATION 1. Applicant's Name, Address. Name Ron Pendleton And Phone Number - Street 400 Alps Rd. City Moxee 2. Applicant's Property Interest Check One _❑ Owner r ❑ Agent 3. Property Owner's Name, (Name Same Address, And Phone Number [ — ; - -- -- (If Other Than Applicant) IStreet City 4. Subject Property's Assessor's Parcel Number(s):181322-1145B ST WA Zip_ 98936 Phone! (509) 945 -3006 Ei, Purchaser ❑ Other ST �Zi � Ph mn — 5. Legal Description of Property. (if lengthy. please attach it on a separate document) Lot 2, Short Plat, Rec. 7710746, Yakima County. 6. Property's Existing Zoning: ❑ SR ❑ R -1 ❑ R -2 ❑ R -3 ❑ B -1 ❑ B -2 ❑ HB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M -I ❑ M -2 a 7. Pronertv Address:_ . - — 8. Type Of Application: (Check All That Apply) ❑ Administrative Adjustment ❑ Environmental Checklist (SEPA) ❑ Easement Release ❑ Type (2) Review ❑ Right -of -Way Vacation ❑ Rezone ❑ Type (3) Review ❑ Transportation Concurrency ❑ Shoreline ❑ Short Plat ❑ Non - Conforming Structure/Use ❑ Critical Areas ❑ Long Plat ❑ Type 3 Modification ❑ Variance ❑ Admin. Modification ❑ Interpretation by Hearing Examiner ❑ Amended Plat ❑ Appeal ❑ Temporary Use Permit ❑ Binding Site Plan ❑ Home Occupation ❑ Comp Plan Amendment r/� t f d Planned Devel pn El Short Plat Exemption: 0 Other: 4 ,❑ ed 17� G�% /(]L t�911Z PART II — SUPPLEMENTAL APPLICA 9. SEE ATTACHED SHEETS PART V— CERTIFICATION 10. I cert ify that the in ati on this a PRU I TY OWNERS 9I6NA`I`URE FOR ADMINISTRATIVE USE ONLY Notes: PART III — REQUIRED ATTACHMENTS. & PART IV — NA RATIVE � MSG , >J ion and the required attachments are true and correct to the best of my knowledge. DATE FEE PAID I RECEIVED BY Amount DATE FILE 4 �_ Receipt No. Revised 02 -11 Hearing Date INDEX FE-M ff np 191 I'll Appeal of File Number: — I/ —# 1) 0 Date Action Taken: 1. Description of Action Being Appealed: I am appealing the Hearing Officer's Decision, dated May 23, 2013, upholding the Notice of Noncompliance from Tammy Gilmour, dated January 23, 2013, as extended by Mark Kunk-ler. I Reason for AppeaL Describe the specific error(s) or issues(s) upon which the appeal is based, including an explanation of why the decision is not consistent with the Yakima Urban Area Plan, The Yakima Urban Area Zoning Ordinance, or other provisions of law. (Reference the section, paragraph, and page of the provision(s) cited.) (Attach if lengthy) The Hearing Officer erred by upholding the Notice of Noncompliance, dated January 23, 2013. See the attached statement regarding appeal for an explanation of the reasons for my appeal. DOC. JIM'34 V 0 Revised 02-11 'NECEIVED JUN 12 2013 CITY DOC. INDEX 1;1_141 Statement regarding appeal JUN 12 2013 FACTS My OF YAKIMA PLANNING ow Ron Pendleton filed a building permit to build a rental house at 207 N. 33d Ave. in the City of Yakima. He submitted house plans that showed a driveway for the house that attached to 33 rd Avenue. The City approved Mr. Pendleton's plans that he submitted. It will cost Mr. Pendleton $500 to $1000 to repair the sprinkler system and $1899 reinstall the einderblocks after he tears up the yard. When Mr. Pendleton originally appeal City Planning was also imposing a $50 per day fine on him for not reinstalling the lattic cinderblocks that do not meet the Americans with Disabilities Act requirements for a sidewalk] The cinderblock walkway was unusable and was a sidewalk to nowhere because • o a pictul Pendleton owns the roperty to the Nrth of it, where no wlkway exists. Copies of the r of the walkway from the south view, to the north view are attached as exhibit 1 for the council Ron Pendleton submits the following as the claimed errors and issues that be is asking legislative body to consider under RCW 15.16.040: 1. The hearing officer erred by upholding a violation of YMC 8.76.025 because that sectioR toes not prevent a property owner who had no notice that a cinderblock walkway was C4 i sidewalk" from removing The Code section that the City claims applies in this case, only applies to a sidewalk, or to an area outside the curb line if the improvement is not a sidewalk. The area at issue here is neither. Therefore, Mr. Pendleton did not violate the Code section that the City claims he violated. The City issued a certificate of occupancy and approved plans to allow Mr. Pendleton to do what he did, even though Mr. Pendelton removed the cinderblocks it is now claiming he must reinstall. 2. The hearing officer ignored the evidence when he claimed that Mr. Pendleton It constructive notice that the latticed cinderblocks were some kind of walkway. i The bearing officer ignores facts and selectively uses other facts to create an improper view of constructive knowledge. Mr. Pendleton did not know that any cinderblock walkway was required. No evidence showed otherwise. RECEIVED 2 JUN 12 2013 DOC. CITY OF YAKIMA INDEX PLANMNG DIV. #1 3. The Hearing Officer erred by claiming that anything prevented Mr. Pendleton from removing the latticed cinderblocks. 4. The hearing officer erred by ruhng that the City Code required Mr. Pendleton to maintain a walkway because it was a sidewalk. 3 DOC. INDEX # � deposit in or upon any sidewalk or public place any article, material or thing whatsoever tending to obstruct, disturb or RECEIvED interfere with the free use of the same, without first having obtained a permit therefor. The issuance of such permits and JUN 12 the administration and enforcement of provisions of this chapter shall be by the office of the director 2013 C1TY OF VAKAM performed of PLA* community and economic development or designee. OW The hearing officer erred when he incorrectly assumed that the latticed Nothing shows that the city engineer varied the design standards for the sidewalk as part of the short plat. The decision to require the cinderblocks was from the planning manager, not the city engineer. Additionally, the American Planning Association recognizes that a sidewalk is made of concrete. See American Planning Association, Sidewalks in Suburbs, Information Report 95. Furthermore, the Black's Law Dictionary (9'h ed. 2010) does not define "sidewalk." Only the former, superseded edition of Black's contains a definition The hearing officer claims that a sidewalk "need not necessarily always consist of cement concrete." (p. 13, T 3, Cullier Decision). This interpretation is contrary to any of 4 MDEX #-IL the definitions of what a sidewalk is in the Code, Webster's or the American Planning Association Dictionary. It is also contrary to an ordinary person's understanding and should not be adopted. Mr. Pendleton respectfully requests that the City Council reverse the decision of the hearing officer that requires Mr. Pendelton to take out his sprinklers and install pavers. JUN 12 2013 'A 5 DOC. INDEX # I [11*i R ECEiVeD e- 3NOV I= a t m I � p� rte. -•f �� _# - __ RECEIVED JUN 12 2013 U V OF YAKIMA " N G DIY. DOC. INS IrP7 •f s F MAN 8 . ..... 991HO a, .AT; �� JUN 12 2013 NEU D INDEX Chapter 8,76 SIDEWALK REP MR NUAMUM E-110MI, RAW-41 IV Authority for chapter—Provisions not exclusive of other authority, Definitions. Cleaning and maintenance of sidewalks and rights-of-way, Sidewalk construction. Sidewalk reconstruction or repair. Determination of necessity, Appeal of final notice to the city council. Work by city—Assessment and collection of costs. I III - of 0 Y- - 0 .0 ■ ■ *1- Page I of 5 As used in this chapter, unless a different meaning clearly appears from the context, the following words shall have the following meanings ascribed to them-, ropace between the street margin and the roadway; provided, the sidewalk construction, set Of - I- 2. "Street' means and includes boulevard, street, alley, mail and other public square or public place. (Ord. 1704 § 1 (part), 1974). Whenever any street, lane, square, place or alley in the city shall have been improved by the construction of a sidewalk, and upon city rights-of-way, to include any part of the right-of-way lying t2lgeet ftie cukO line of tI street, or if t�ere is no curb line–tlen between the adjacent edge of the Chapter 8.76 SIDEWALK REP AJR Page 2 of 5 of lifter, leaves, weeds and other debris) belongs to the owner or occupant of the private property it shall be unlawful for any owner or occupant to fail to maintain and clean such abutting sidewalk and/or right-of-way pursuant to the duties created above. A violation of this section shall be a civil infrRction subject to a maximum penalty of two hundred fifty dollars per violation. Each day in which any violation shall continue shall be deemed a separate offense. (Ord. 2005-71 § 1. 2005.) J9ECielvel 8.76.030 Sidewalk construction. JUN ................ Whenever a portion, not longer than one block in length, of any street in the city of Yakima is not OF VA� li A DIV, improved by the construction of a sidewalk thereon, and when a sidewalk in good repair does then PLANNIA exist on the street adjacent to both ends of such unimproved portion, then a sidewalk may be 8.76.040 Sidewalk reconstruction or repair. ......... . ... -'...- ....... .... -MGM�� A, Construction. The director of public works may find that the improvement of a portion of a street by the construction of a sidewalk thereon, as contemplated by YMC 8.76,030, is necessary for the public safety and convenience. The duty, burden and expense of constructing such sidewalk shall devolve upon the property directly abutting upon such portion of the street to be so improved upon notice as provided by YMC 8.76.060; provided, in the event the city engineer determines thlbbe, reconstruction or repair is necessitated by normal deterioration of the sidewalk due to its ag loft 0- I .. -- I - -i 4 , 9 -1101-IAI `I Chapter 8.76 SIDEWALK RFTIAIR Page 4 of 5 determined by resolution of the city council. (Ord. 2005-72 § 3, 2005: Ord. 1832 § 3, 1975; Ord. 1704 The cost of sidewalk construction, reconstruction or repair to be borne by abutting property as provided by this chapter shall not exceed fifty percent of the valuation of such abutting property, exclusive of improvements thereon, according to the valuation last placed upon such property for purposes of general taxation. (Ord. 1704 § I (part), 1974). DOC. INDEX I . - , . I I - a I , . - - - I • ^n— I . 1 11 In I^ ^ It 11 unapter & /0 NlDhWALK REPAIR Page5 of City Website; http:f/wwwyakimawa.gov/ (http*/Avww.yakimawa,qov� City Telephone: (509) 575-6037 DOC. INDEX # U- lukVA 0 m a I Ml I I 111011 N t-napter S. 12- hXCAVATIONS—OBSTRUCTIONS Chapter 8.72 8.72-010 Permit required—Fee. 8,72M0 Permit application—Conditions. 8.72_030 Notice to fire chief and director of public works, 8.72,040 Purpose of permit— Backfilling—Repair of sidewalk. 8.72.045 Barricading—Rules and regulations. 672,0W Barricades—Lights. 8.72.060 Bond. 8,72.070 Indemnification and hold harmless. 8.72.080 Insurance. 8.72.090 Denial of permit. 8.72.010 Permit required—Fee. .... ...... A. Permit Required—Administration of Chapter, 11*440-4111 MMIE", 19 0 AT I Mri 74 11=1 0 UZI rz Vro-W IN fl reported to the director of community and economic development or designee on the first working day thereafter, The permit for said work shall be obtained at the time of reporting, (1) Basic Fee. A basic fee shall be paid by the applicant for each permit issued pursuant to this chapter. Effective January 15, 2013, there are imposed the following permit fees: 11- na- traveling to and from each site,- provided, that each hour of inspection after the initial houDOC. INDEX (c) Prior to the new construction or major reconstruction of any street, the owners of a city franchise will be notified in advance of commencement of the work so as to allow reasonable time for the installation, adjustment or extension of underground lines and associated structures. compliance with the following terms and conditions: L°_./,-__-._A --- '-c-I- ! - - '--/� ' 1 ' m. I ,' ="",,` -- °� ° t-rtapier,5. / /- tAU A V A I IU S—OB STRUCTIONS Page 3 of 7 Nine T57-ToWhat the citv siall ' I � III 11 �Tmi Provided further, that nothing herein stated shall affect in any way the duty of the one acting under condition. (Ord. 2012-28 § 1 (Exh. A) (part), 2012, Ord, 2007-05 § 2, 2007: Ord, 994 § 2, 1968: Ord, 1957) X, r7FrD or p7 Chapter 8.72 EXCAVATION —OBSTRUCTIONS Page 4 of 7 may be replaced within thirty days following the backfilling, and should said patched sidewalk, curb or IMAll M11 : 2 � 11! 1 - I W - - 6 a . 6 , a - ■ 8.72.070 Indemnification and hold harmless. ............. ....... ... OW's INDEX Chapter 8.J2 EXCAVATIONS—OBSTRUCTIONS Page 5 of 7 all if this section). 4. The applicant's and all subcontractors' insurance coverage shall be primary and MQU-Pla 5. The applicant shall provide the city and all additional insureds with written notice of any 1-tolicy cancellation, within two business days of their receipt of such notice. 6. Upon request, the applicant shall forward to the city a full and certified copy of the Q=e policy(ies). INDEX 8. Failure on the part of the applicant to maintain the insurance as required shall constitute a material breach of permit, upon which the city may, after giving five business days' notice to the applicant to correct the breach, immediately terminate the permit. 9. All costs for insurance shall be the responsibility of the applicant. '?ECEIVIED C. Subcontractors. Applicant shall ensure that each subcontractor of every tier obtains and maintains at a minimum the insurance coverages listed in subsection E of this section. Ligon reguest Workers' Compensation. The applicant shall comply with workers' compensation coverage as required by the industrial insurance laws of the state of Washington. (Ord. 2012-28 § I (Exh. A) 2012). 8.72.090 Denial of permit. ........... .. No permit shall be issued to any person, firm or corporation who is delinquent in the payment of any fees or charges fixed by this chapter or who refuses or neglects to comply with any of the provisions of this chapte t,.. . 2012-28 § 1 (Exh. A) (part), 2012: Ord. B-2037 1957. Formerly 6.72,080). City Telephone: (509) 575-6037 JUN 12 2013 DOC. INDEX Mj i — it 7 , I- % • I I , • M , 'I I • — t, I I - nanrare t . I— — , Community Developmr 'department t� Code Administration D on Receipt Number: GR- t3- x28375 \� 129 North Second Street, 2nd Floor - Yakima, Washington 96901 Receipt Date: 0611212013 Application # Parcel APP #002 -13 18132214539 N 33RD AVE Cashier: JCRUZ Pays NPayee - Nam e: MONTOYA HINCKLEY PLLC Fee Description Appeal to City Council Original Fee Amount $340.00 Amount Paid $340.00 Feel, Balance $0.00 RFCEIVLCp JUN 12 2013 CITY of YAKIWI,: PLANAU NG DIV. DOC. INDEX Total Paid: $340.00 Tendered Amt: $340.00 Change Due: $0.00 Payment Reference — — Tendered Method' Numbor Amount CHECK 5555 _ $ 340.00 Total: $340.00 FR�celpt# — Previous Payment History � - -- Receipt Date Fee Description Amount Paid Application # Parcel RFCEIVLCp JUN 12 2013 CITY of YAKIWI,: PLANAU NG DIV. DOC. INDEX RON PENDLETON APP #002 -13 EXHIBIT LIST CHAPTER DD Appeal to City Council — Notices DOC 9X.# D CLTM ENT D TIE DD -I Notice of Hearing Examiner's Decision on Appeal 05/29/2013 (See DOC Index #AA -1 for HE Decision) Parties of Record Notified and Affidavit of Mailing DD -2 Notice of Appeal of the Hearing Examiner's Decision to City 06/21/2013 Council Parties of Record Notified and Affidavit of Mailing DD -3 City of Yakima's Request for Extension of Time in Which to 06/22/2013 File Memoranda and Proposed Order submitted by Mark Kunkler, Senior Assistant City Attorney DD -4 Notice of Extension of Time to File Memoranda granted by 07/02/2013 Steve Osguthorpe, Community Development Director Parties of Record Notified and Affidavit of Mailing DD -5 Yakima City Council Notice of Appeal Hearing 07/24/2013 Said appeal hearing will be held Tuesday, August 6, 2013, at 2:30 p.m., «:V? soon thereafter as the matter maybe heard, in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima, Washington. For additional information, please contact Jeff Peters, Associate Planner at (509) 575-6163. 1#1410111#2 rr11 M MC I I II MAN* 1) Send a letter via regular milt "Yakima City Council, 129: ©a Street, Yakima, WA 98901 "; or, 2) E-mail your comments to ecouncil@yakimawa.gov. Include in the e- mail subject line, "Pendleton appeal." Please also include your name and mailing address. City Clerk Ron e o That I mailed a notices in the manner herein set forth and that all of the INDEX Type of Notice: IV File Number: A e p 47 » 6 0' —i3 Date of Mailing: -7— 2. — COMAIUNITY DEVELOPMEATT DEPARTMENT Planning Division 129 North Second' Street ,2nd Floor Yakima, Washington9890,1 Phone (509) 57,5-6183 - Fax (509) 575-6105 askplaiiiiing(�)3,akittiawa.got - hril)-ilwit,w,yakimaway ovlservice.FlplanningI NOTICE OF EXTENSION OF TIME TO FILE MEMORANDUM AND OPPORTUNITY TO SUBMIT WRITTEN ARGUMENT OR MEMORANDUM Appellant and Parties of Record, please be advised that in accordance with the provisions of YMC 15.16.030(B)(2) and for good cause the City of Yakima's Director of Community Development, Steve Osguthorpe has granted a request to extend the time in which to file memoranda on City File App #002-13, through 5:00 pm., Monday July 22, 2013 Upon completion of the legal required timeframe to submit written argument or memorandum'2 public meeting before the Yakima City Council will be scheduled by the City of Yakima Clerk to hear the appeal. *OC- INDEX z �-L I MUMMA MCN1110 Date: June 22, 2013 To- Steve Os-gutho!pe, AlCP, Community Development Direct(I From: Mark Kunkler, Senior Assistant City Attorney Attorney for Respondent, City of Yakima Subject: City of Yakima's request for extension of time in which to file memoranda The undersigned respectfully requests an extension of time to file written argumen and memoranda in the above-described appeal. This request is made pursuant to YM 15.16.040(B)(2) which provides: i The Notice of Appeal dated June 21, 2013 specifies that parties of record wishing respond to the appeal may submit a written argument or memorandum to the ci council n• later than July 5, 2013, ursuant t• the ruirements • f YM 15.16.030(B)(1). • o • o eq o DM. INDEX The undersigned will be on scheduled vacation leave from © 25 through July 10, 2013 and thus will be unable to comply with the July 5, 2013 deadline for submission of written argument. The City #<2= kim= requests an extension through July 20, 2013 for the parties to submit written materials. Phone: (509) 575-6030 IQ Pursuant to the provisions of YMC; 1?jam .030(B)(2) and for good cause shown, ®e City of Yakima's Request for Extension of Time © Which to File Memoranda is hereby granted, and the time for filing of written argument and memoranda extended through 5:00 p.m., Monday, July 22, 2013. WC. INDEX -1 o - s, # - Ron Pendleton INDEX Yakima, WA 98902 c/o Mark Kunkler 200 South Third Street Yakima, WA 98901 11 Ron Pendleton 400 Alps Road Moxee, WA 98936 Type of Notice: jw File Number: -13 Date of Mailing: T Montoya Hinckley PLLC c/o Kevan Montoya 4702 A Tieton Drive Yakima, WA 98908 COMMUNITY DEVELOAVENT DEPARTMENT Planning Division 129LYorthSecoiidSti-eetl,2ttdFle)or Yaknna,Washing1orz98901 Phone (509) 575-6183 - Fax (509) 57.5-6105 ask.planning@yakankrwa.gov - http:ll'wti,%,,..vakiniawa.govlserviceslplanningI VOVL-rj4V, VLIF- COV I VILS NOTICE OF APPEAL The City of Yakima Department of Community Development has received an appeal of the City of Yakima's Hearing Examiners Decision on City File N umber App #001 -13, and CAC-1 2-1241, (to replace a cinderblock walkway within city street right-of-way along 207 North 33" Avenue, Yakima, WA) to the Yakima City Council upholding a Notice of Noncompliance, from Tammy Gilmour, dated January 23, 2013, File CAC-12-1240 from Ron Pendleton (property owner) on June 12, 2013. DOC. Yakima INDEX # ��- WJM 13 That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda Ibarra DOC. INDEX Yakima, WA 98902 c/o Mark Kunkler 200 South Third Street Yakima, WA 98901 Parties of Record - Ron Pendleton - APP#001- 13 Certified Mail-, 7008 1300 0000 4837 27 Ron Pendleton 400 Alps Road Moxee, WA 98936 I Wy rl'Uz; c/o Kevan Montoya 4702 A Tieton Drive Yakima, WA 98908 Type of Notice: , e tj�`2 File Number- Date of Mailing: 67/' I DW. INDEX Ron Pendleton 400 Alps Road Moxee, WA 98936 A JUN 2013 r.iX—er-ti-fi-e-d- -Wal—j 'ff E'Xpress Mail X. Registered ;ff Return Fieceipt for Merchandise V insured Mail r- 4. Restricted Delivery? (Extra Fee) C3 Yes 2, Article Number 70118 1300 0000 4837 2799 (Transfer from service label) PS Form 381 T February Domestic Return Receipt DOC. INDEX 19020-0 U-SUM Nina I TJLIIVT 'Mm I ILI lowfigmi-1-ull I HAND DELIVER.ED 610�� Rosalinda lbarra. Yakima City Planning Division 129 North Second Street Yakima, WA 98901 1;1 MAY 2 3 2013 W 71 ME",, I -" '1111 M '11 V RV Re: Hearing Examiner's Decision: APP #001-13 (Ron Pendleton Contesting an Order Replace • Cinderblock Walkway Within City Street Right-of-Way along 207 North 3 Avenue that had been Previously Required for Approval of a Short Plat) I If you have any questions, please give me a call. Thank you. Yours very truly, ILI KRR: kff Enclosure cc: Karri Espinoza, Yakima County Planning Division, w/ Enclosure Pat Spurgin, City of Yakima Pro Tern Hearing Examiner, w/ Enclosure DOD. INDEX # NOTIFICATION OF HEARING EXAMINER'S DECISION May 29, 2013 For further infonnation or assistance you may contact Jeff Peters, Associate Planner at (509) 575-6163 or e-mail: peters@yakiMawa,_gov Teff PC Associate Planner Date of Mailing: May 29, 2013 DW. INDEX RON PENDLETON APP #002 -13 (APP #001 -13) EXHIBIT LIST CHAPTER A Staff Report & Applicable Codes DOC D A -1 DOCUNWNT List of Applicable Code Referenced in Staff Report DATA 04/11/2013 A -2 Staff Report 04/11/2013 APPEAL OF CITY OF YAKIMA, WASHINGTON MUNICIPAL CODE April 11, 2013 APPEAL DESCRIPTION: The City of Yakima Department of Community Developme received an aWeal of the Notice of �, - I February 27, 2013. The reasons for appeal are documented below, OWC A FILE NUMBER: M=11 History Leading to Appeal: On April 19, 2010, Dale and Midge Peterson submitted an application for a Preliminary Sho Plat to subdivide the subject property at 209 N. 33rd Ave. into two separate lots of record und City File Number PSP #005-10, 11 On June 21, 2010, the City of Yakima Subdivision Administrator carried forward the requireme of the City Engineer issuing her Final Findings and Decision for PSP #005- 10 which requirl the applicant to install "an approved five-foot wide hard surfaced sidewalk/walking ... prior recording of the final plat". On October 06, 2010, the City of Yakima Planning Division received and reviewed thz applicants submitted Final Plat for compliance with the Subdon Administrator's Final, Findings and Decision, and found that the plat was in compliance and all required frontagc improvements were appropriately installed. On November 10, 2010, the Final Plat for Dale and Midge Peterson City File Number FSP#011 10 was recorded at the Yakima County Auditor's Office under Auditor's file Number S 7710746. P On November 19, 2012, the Appellant received a building permit for construction • a singi family home at 207 N 33d Ave., and on July 31, 2013, the home had its final inspection and Certificate of Occupancy was issued. I WW"WM RT Ann RP N I sTaXor-C-4 I _919521 I On January 15, 2013, the City of Yakima Planning, Engineering, and Code Administration Divisions received a letter from Dale and Midge Peterson complaining about the removal of the sidewalk/hard surface walking path, requesting an explanation of why it was not required to be reinstalled, and requesting reimbursement of the total cost for installation if the improvement is not required. On February 27, 2013, in accordance with YMC 15.16 and 16.08 the City of 'Yakima Planning Division received the appellant's appeal of the City of Yakima's Notice • Non-Compliance and Order to Comply. Public Notice: Public notice was provided in accordance with Notice of Appeal mailed to the appellant and hearing. YMC 15.16.030 (D) on March 18, 2013, with a parties of record setting the date of the public ilotice ■ Non-Compliance and Order to Comply Conditions Imposed Upon the Property Owner: The following conditions were imposed upon the property owner of Tx Parcel Number: 181322-14539. a 1 - Obtain all associated permits for the replacement of the sidewalkiwalking path; and Appellant's Arguments Regarding Notice of Non-Compliance and Order to Comply Conditions: The appellants argue the following (staff response in italics): 1. Appellant's Home was Approved without Notice of Required Sidewalk: "The City claims that I should have a hard surfaced walkway in front of the property that I own. However, the City approved the plan for the construction of the house without any notice or requirement that any kind of walkway was required." The appellant is correct in accordance with YMC & 76.020, 15.05.020 0, 12-05. 010, and 12.05.040. I. A sidewalk is defined as 'any and all structures or forms of street improvements included in the space between the street margin and the roadway_ ",- 2. A sidewalk is required to be installed on one side of the street with n construction if one exists within two hundred feet of the development on tj same side of the street, 3. Sidewalks shag also be installed across the frontage of all newly developed or redeveloped lots where feasible; 2. Code is Unreasonably Requiring Installation of Walkway or Hard Surface Walkway: 'The Code is unreasonably requiring that I install a walkway or hard surface, even though I have installed sprinklers and lawn," The appellant per the Notice of Non-Compliance is not being required to be install a new walkway or hard surface associated with the development of the subject property, but rather is being required to reinstall the hard surface walkway wn the public right-of-way that he removed without permit. j-r SMMMIM 1=0 « »-a >« - 1 , The City of Yakima is required, under YMC 15,16, 4 present Findings and Conclusions; Based upon the above listed conclusions, staff recommends that the Notice of Non-Compliance and Order to Comply dated January 23, 2013, be upheld, DM. INDEX 5 # List of Applicable Code Referenced in Staff Report 12.05.040 Design approval and adjustment. The design • sidewalks and appurtenances is subject to approval of the city engineer. The city engineer may, in cooperation with the streets manager, adjust these standards as necessary to facilitate installation of sidewalks and appurtenances. (Ord. 2001-13 § 26, 2001) M�M C. Notice of Noncompliance. If the administrative official determines that any activity, condition, structure, or use exists that does not conform to the provisions of this title, he may issue a notice of lei 1. The name and address of the record owner or other person to whom the notice of noncompliance is directed; 2. The street address when available or a legal description sufficient for identification of the structure, premises, or land upon which the noncompliance is occurring; 3. A statement of the action required to be taken as determined by the administrative official and a date for correction, which shall be not less than three weeks from the date of service of the notice of noncompliance unless the administrative official has determined the noncompliance to be immediately hazardous; 4. A statement that a cumulative civil penalty in the amount of fifty dollars per day shall be assessed a ainst the Rr -1 T. A statement that the civil penalty constitutes a lien on the property where the violation is *ccurring and that such lien may be foreclosed and property sold to satisfy said lien and penalty. A notice of noncompliance issued pursuant to this section constitutes the determination from which an administrative appeal may be taken pursuant to the provisions of YMC Chapter 15,16. The cumulative civil penalty provided for in YMC 15.25.030 and 15.25,040 shall continue to accrue during the pendency of such appeals but shall be dependent on the outcome of the appeal. ffrUd - Tor correction of Me notice cri- noncompliance; provided, that such an extension shall not affect or extend the time in which an administrative aSp ,,eal must be commenced- nor n-WF- one hundred eighty days. The examiner shall hear, make a record of, and decide matters provided in this chapter or by other ordinances, including but not limited to, the following land use matters: M A. Matters prescribed by the Yakima Urban Area Zoning Ordinance, Title 15, of this code. Decisions the examiner on such matprss!tall �avp t P III LRVP rL?. &M 15.16.030 Appeal of the administrative official's decision. A. Appeal to the Hearing Examiner. Except as otherwise provided, any aggrieved person or agency directl-,l aff ected by, anrA decision hearing examiner. G. Decisions by the Hearing Examiner Shall Be Final Unless Appealed. Except as otherwise provide all appeal decisions by the hearing examiner shall be final and conclusive on all parties unless appeal to the legislative body under YMC 15.16.040. (Ord. 2008-46 "',4 Ord, 2947 § 1 (part), 1986). gj"Labj, 2008: Ord. 3019 Wany appears TMM The context, the tollowing words shall have the following meanings ascribed to them: 2. "Street" means and includes boulevard, street, alley, mail and other public square or public place. (Ord. 1704 § 1 (part), 1974). Ii 12.05.040 Design approval and adjustment, The design of sidewalks and appurtenances is subject to approval of the city engineer. The city engineer may, in cooperation with the streets manager, adjust these standards as necessary to facilitate installation of sidewalks and appurtenances. (Ord, 2001-13 § 26, 2001). 8.72.010 Permit required—Fee. ♦ Permit Required—Administration of Chapter, (2) In case of an emergency arising outside of office hours when an immediate excavation may be necessary for the protection of life and !,Pro:-,yedo-ftaha-!D��* and economic development or designee on the first working day thereafter. The permit for said work shall be obtained at the time of reporting. A A RON PENDLETON APP #002 -13 (APP #001 -13) EXHIBIT LIST CHAPTER B Plat Plans & Site Photo DOC t M # I>OCUWNT DA`1'1E ■..dom 04/14/2010 B -1 Preliminary Plat Plan (PSP #005 -10) B -2 Final Recorded Plat (FSP #013 -10) 11/17/2010 B -3 Building Permit Site Plan (BLD -12 -0291) 03/16/2012 B -4 Site Photo 01/28/2013 207 North 33rd Avenue - Google Maps Go, Address 207 North 33rd Avenue sle Address la appraximale Page 1 of 1 DWM INDEX http:// maps. google .com /maps ?hl= en &ie =UTF8 &11= 46.600528, - 120.553291 &spn= 0.00000... 1/28/2013 — — — — — — — — — — — SErBAC.K OVA r -- aA -- N. 33rd AVE. mmaim WT-j a#, k OMER'S QERlIEIjQ&U KNOW ALL PERSONS BY THESE PRt:SENTS 'THAT DALE E PETERSON AND MIDGE PETERS014 ARE ALL PARTIES HAVING OvvNERSHfp INTREST IN IHE LAND HEREON DESCRIBED; HAVE WITH THEIR FREE CONSENT AND IN ACCORUANCr WITH THEIR DESIRES CAUSED THE SAME TO BE SURVEYED AND SHORT PLATTED AS SHOWN HEREON; AND DO HEREBY GRANT AND RESERVE THE EASEMENTS As SHOWN HEREON FOR THE USES INDICATED HEREON, , MY COMMISSION EXPIRES // -- GRAPHlC SCALE 30 0 la 30 94 120 IN FZZT I inch — 30 JR. 25>00' '3/4' PIPE FOUND Olix SOUTH & 0,65' EAST (REMOVED) Ct UY FENCE COO 0.2' SOU T, O-S' EAST 1 459.0' N. SEcnoN 22 TRIP. 13 N., G. 10 E.AM, UNMARKED DC IN CASE FOUND. LOB AF/ 71969113 CASED MON. FOUND O• W NORTH OF UNE NOT USED FOR CONTROL N ael-fe'04, E 26W.57' SUMMITMEW CITY OF YAKIMA SHORT PLAT PREPARED FOR DALE & MIDGE PETERSON 3506 wEst LOGAN AVE. YAKIMA, WA. 1/4 SECTION 22 TWP 13 NORTH, RNG 18 EAST, 7!S]� APR 4 CITY OF YI PLANNING DIV. f saw 11.7il, RE ` i ^-g m s I 7!S]� &��d �M.-I f / ƒ$ d 10.14 ; } }$ \\ CHAPTER C Applications & fermi « RECEIVED City –M-oxel F T WA zip� 98936 ne (509)945-3006 —111, S ------ 2. Applicant's Property Interest El ;Check 0 Owne7r ❑ Agent i Purchaser i Other 3. Property Owner's Name, ier Same Address, And Phone Number Istrect [:] Administrative Adjustment Environmental Checklist (SEPA) Type (2) Review ❑ Type (3) Review Transportation Coneurrency Short Plat Non-Conforming Structure/Use Long Plat ❑ Admin. Modification interpretation by Hearing Examiner Appeal ❑ Home Occupation That Apply) 0 Environmental Checklist (SEPA) Ll Right-of-Way Vacation El Transportation Coneurrency El Non-Conforming Structure/Use [I Type 3 Modification El interpretation by Hearing Examiner ri Temporary use Pen-nit El Comp Plan Amendment X A Other: LICATION, PART III — REQUIRED ATTACK ME in El Rezone Shoreline Critical Areas Variance ❑ Amended Plat El Binding Site Plan E3 Planned Dev prr 'TS, & PART IV — NARRATIVE and correct to the best of my kno�N, Z'2 — X 2 --1-141 Ir- / --i? PER �DWNSMSSI?M-R_ DATE FOR ADMINISTRATIVE USE ONLY Revised 02-11 Notes: � FILE # M APPEAL ; 144 Yakima Urban Area Zoning Ordinance Chapter 15.16 CITY OF YAKIMA PLANNING I. Of Administrative Official's Decision Of Hearing Examiner's Decision L1 Of Subdivision Administrator's Decision Of SEPA Determination Other "71- 12T— A)opieo� Appeal of File Number: I I .. I I 1. Description of Action Being Appealed: I am appealing the Notice of Noncompliance from Tammy Gilmour, dated January 23, 2013, as extended by Mark Kunkler. 2. Reason for Appeal: Describe the specific error(s) or issues(s) upon which the appeal is based, including an explanation of why the decision is not consistent with the Yakima Urban Area Plan, The Yakima Urban Area Zoning Ordinance, or other provisions of law. (Reference the section, paragraph, and page of the provision(s) cited,) (Attach if lengthy) t1fl"'r i i i I I required. The Code is unreasonably requiring that I install a walkway or hard surface, even though I have installed sprinklers and lawn. The City Code does not require that I keep or put in any kind of a hard surface or walkway, If the City wanted timt, it should have required it before it approved the plans. APP#001-13 APPeal to Hearing Examiner $580.00 $580.00 $8.00 Total Paid: $580.00 Tendered t: $580.00 Change Due: $0.00 Payment Reference Tendered Meth er nt� CHECK 1 505.00 CREDIT CARD VISA 02628G $75.00 Total: $580.00 t o h(,U 'r Page i of 1 INDEX 0 air, I [goo MAKIN 13 1319 ;1:4 a LTTl 129 NORTH SECOND STREET, 2ND nOOR PERMIT NUMBER: BLD-12-0291 VAJ(IMA, WASHINGTON "901 (5") 575-6126 EXPIRA11ON DATE: 111IW2012 www.buildisigyakim"om codes@cLyakimsLwzus INSPECTION HOTlJNE: (509) 57&6682 PARCELNUMBER: 1013M145U 207 N 33RD AVE LE"L UEECRIPM* SSC*M 22 T&MUNP 13 "a !6 Quartw NF-' SP 7710746 W 2 RESIDENTIAL-SINGLE-FAMILY-NEW 4NLINE ACCESS CODE: 000665257 PROJECT., NEW SINGLE FAMILY RESIDENCE VAR 6DORM PHONE APPLICANT: UNITED SLDRS OF WASH INC 2112 NOS HILL BLVD. YAKIMA, WA SM2 (Wg)248-W21 OWNElt PENDLETON RONALD R JR 400 ALPS RD. MO)Mf� WA 9MG CONTRACTOR: UNITED 13LORS OF WASH INC UC:UNrrEBM76NT ERP:IMWX12 2112 NOB HILL BLVD. YAKIMA, WA 9M (5%)248-6321 FEE SUMMARY PROJECT. NEWSINCAJEFAMILYRESIDENCE CONSTRUCTION- BUILDING PLAN REVIEW 177815 BUILDING M'# I'.. 2009 ISC OCCUPANCY: SETBACKS- FRONT SIDE STORIES. I STATE SURCHARGE $4.50 REAR SIDE BUILD114G PERMIT $1,19838 BUILDING TYPE qUA VALUATION TOTAL F IEEG PAP), RESIDENTIAL, ONE AND TWO FAMILY 1,63'/SQFT $138,100.70 CQal-DMONS My A vkAaftn of anvjgmL stab othdwW WORK ORDER, INSPECTION NO LA CERTIFOCATE OF OCCUPANCY HOLD, NO OCCUPANCY NOTICE OR CEASE AND D"m ORDER unto ouch gum as ft vk4st$m(s) Is canucted. DEPARTMENT �- I-L DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT BUILDING PERMI PARCEL NWMEM- 1613ZZ14539 LEGAL DESCRIPMN. Section 22 Townstilp 13 Ranip IS Quwtur NF_- Sp 7710748 Lot 2 di I 207 N 33RD AVE 1", 7 Ai�,,XNVIXA NAOT, I A PMTW NAW-' Trl"JMWTMAK� DATE. KAll sel 11k, 191 4;h , � Office of Code Administration w V! ! Eli PERMIT NO. BLD-12-0291 ISSUED DATE 05/2=012 • ?E E PROJECT ADDRESS .207 N 33RD AVE OWNER PENDLETON ■ • R JR PROJECT DESCRIPTION ■' CONTRACTOR UNITED BLDRS OF WASH INC CONSTRUCTION TYPE OCCUPANTLOAD INSPECTION COMMENTS INSPECTION INSP DATE RON PENDLETON APP #002 -13 (APP #001 -13) EXHIBIT LIST CHAPTER D Notices DOC � _ DOCUTMIENT DA'Z'E � D -1 D -2 D -3 D -4 Notice of Decision of Preliminary Short Plat (PSP #005 -10) Notice of Non - Compliance & Order to Comply with Yakima Munici al Code Notice of Appeal and Public Hearing with Affidavit of Mailing Hearing Examiner Packet Distribution List 06/21/2010 01/23/2013 03/18/2013 04/04/2013 D -5 Hearing Examiner Public Hearing Agenda & Sign -In Sheet 04/11/2013 D -6 D -7 Notice of Continuance of Public Hearing Hearing Examiner Public Hearing Sign -In Sheet 04/11/2013 05/09/2013 HEARING SIGN -IN SHEET CITY OF YAKIMA HEARING EXAMINER CITY HALL COUNCIL CHAMBERS HEARING DATE:_ Thursday May 9, 2013 CASE FILE # APPLICANT SITE ADDRESS A. APP #001 -13 Ron Pendleton 207 N 3P Ave PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A. CASE NAME ADDRESS ZIP CODE � Hearing Examiner Public Hearing Sign -In Sheet -- 05/09/2013 DOC. INDEX _ '�' #-�., �.�' - �.� � .�-- mss.,..- �....- �+''�" - .L�.�•. � -1 aAT7�- aL IL A. L RECEIVED APR-11 2013 C'TY OF YAKI PLANN1NO DJV. _DOC. INDEX HEARING SIGN-IN SHEEI CITY OF YAKIMA HEARING EXAMINER CITY HAL<C L01 HEARING DATE:- PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A or B. 0 0 . . . - � _r_rT20ffarVZNVLT&= ■ I HIL11-1 " I.... . .................. 0 ................. . . . .. COMMUNIT-1 i)EVELOPMENT DEPARTMENT I'layining Division 129 North 2"' Nreei, 2"' Ploor Fakhoa, Washinglan 98901 (50 9) 575 -6183 - Fox (509) 575-6105 wwwAdIdiogyakitna.cont MAMMON I "I OHM-0010 A. DONALD AND VICKI STONE (02/13/2013) CL3#001-13 Planner: Christine Wilson Address: 108 & 116 N i2 °d Avenue Request: Construct duplexes on two lots in the R-1 zoning district. If you are unable to attend the hearing, you may submit your comments in writing prior to the bearing. You may also submit written testimony at the hearing. DM INDEX Hearing Examiner AGENDA ONLY Phil Lamb KIT-KATS Radio Distribution List 311 North 3'd Street 4010 Summitview, Suite 200 Yakima, WA 98901 Yakima, WA 98908 All YPAC jpAy.beehlev'& akimawaZ_ov Yakima Assoc. of Realtors KARY Radio ken.crockengjy�� Gov. Affairs Committee 2707 River Road 1200 Cbesterly Dr. # 160 mike.brownqjgkjmgMv&= bonnie.lozanoa,vakirnawa.iOy Yakima, WA 98902-1165 Yakima, WA 98902 Dominic Rizzi KCYU-FOX 68 KIMA TV Police Chief dqmiksi David Okowski 1205 West Lincoln Ave. 2801 Terrace Heights Drive a Yakima, WA 98902 Yakima, WA 98901 Dave Willson Pacific Power Fire Chief Mike Paulson KNDOTV 500 N, Keys Rd. 216 West Yakima Avenue Yakima, WA 99901 Yakima, WA 98902 Sonya Cl -Tee Office of Rural FWH Marty Miller Yakima Herald-Republic City Clerk WiRAclaartee@ kimwaX.ov 1400 Surnmityiew #203 P.O. Box 9668 Yakima, WA 98902 Yakima, WA 98909 Tony O'Rourke Yakima School Dist, #7 VIVA City Manager Superintendent 104 North 46' Street P.O. Box 511 Lo �-orou�rkew a�kimwa.�ov Yakima, WA 98902 Toppenish, WA 99948 Radio NA Business Times Bruce Smith Patrick D. Spurgin P.O. Box 800 P.O. Box 2052 411 M 2nd St. Granger, WA 98932 Yakima, WA 98907 Yakima, WA 98901 KAPP TV Attn: Newsroom Yakima Valley C.O.G. Gary Cuillier PO Box 1749 311 N. 4"' Street STE 202 314 N. 2nd Street Yakima, WA 98907-1749 Yakima, WA 98901 Yakima, WA 98901 and Scott 307 Union Street Codes Bulletin Board Yakima, WA 98901 DIX, INIM 0 � J � 1ACIU11% ZAa11111LCL I 4LM:L Jeff Cutter » Doug Mayo AGENDA, STAFF REPORT, City Legal Department Engineering Division SITE PLAN AND MAPS ....... Jeff.cutter@yakimawa.gov Doug.n-tayo@yakimawa.gov Yakima County Planning County Courthouse U;Mk 6 2«»< Archie Matthews ONDS ATchie-matthews@yakimawa,gov Steve Osguthorpe $ «2224 ±222 « #«««# 11012 401"Up"W"R Ron Pendleton 400 Alps Road Moxee, )WWA 989 Tri "I I aTrTTm- c/o Kevan T. Montoya 4702 A Tieton Drive Yakima, WA 98908 1 - I a 2 / ; »¥a.: I ON= I P. # - . 4 . D= INDEX #ft-:!�--1:4 VI 0 i That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Je ''Peters Ron Pendleton ale and Midge Petersen 400 Alps Road 3506 W Logan Avenue oxee, WA 98936 Yakima, WA 98902 ............... ..................... ........................ COMMf " I' I.iEVE- LO P; EW ICEf AID ENT Planning I'Mision 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) S75 -6183 * Fax ( 9) S75-6.105 NOTICE OF APPEAL L NOTICE OF APPEAL MMW3EB3= DOM Yakima, INDEX t-ululilLfiVIII'AfVDBC,�0i�rOAIICD.EVELOPMEiNTT OV ce a; -feAdministration 129 Nano Second Street, 2nd Floor Eakin a, fj ya.vhillt(, 9 go (509)575-6126, FoX(,500)576-6576 g J c o d e,, kCq' yakintawa.gov buildingyakinia, rom 'FAMIME �=- M •M- M E 900-29 - _ M17W. 400 Alps Road Moxee, WA 98936 Occupant WEI IF LTUMMUM Subject Prop": 207 North 33rd Avenue Yakima, WA According to the records of the Yakima County Assessor, you own the Subject Property at: Street address: 207 North 33rd Avenue Yakima, Washington Assessor's Parcel No.: 181322-14539 The Subject-Property, which is zoned R-1 (Single-Family Residential), was inspected by City Code Compliance staff on January 15, 2012, 114Vt111q-- Page 2 Violations of Titles 12 and 15 of the Yakima Municipal Code are subject to criminal and/or civil penalties. Each Title makes separate provisions. Regarding the required five foot wide hard surfaced sidewalk/walking path for the parcel frontage, in violation of Title 15: If you have any questions call Tammy Gilmour, Code Compliance Officer, at (509) 576-6338, between the hours of 8-00 am. and 4:30 p.m., Monday through Friday. M= T%ammy Gilmo 'k Code Compliance Officer . . ...................... . . . . . . . . . . . . . ...... . . . . . . . . . . . . . . .......... .. ... ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . . . . . . . ...... .... .......... . . . . . . . . . . ... . . . . . . . . . .......... . . . . . . . . . . . ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ lorg!I-- ap, I certify under penalty of perjury under the laws of the State of Washington that the following is true and correct, based on my own personal knowledge of the following facts: On Ja lua[y 23, 2013, 1 deposited with the United States Postal Service, via Certified Mail, postage prepaid, return receipt requested, and via regular mail, a Notice of Noncompliance to the Zoning Ordinance (two pages in length), which was addressed to the following persons at their last known address: �00 Alps Road Moxee, WA 98936 Occupant '1a - VF.1 I A F A 0 *01 Dated this 23dday of January, 2013 at Yakima, WA. xj DOC. INDEX TFM 0 COrnPlets items 1. 2, and o comp 3. Al item 4 N Restricted Del slete IN WrY Is desired. Print your name and address on the rreve,,,., SO that ws can return the card to_yOu. w Attach this OW ♦ the back of the mailpiece, or on the front if sPace permits. RonaCd2t pendretonjr. 400 -Afys 2Zoad Moxee, 'WA 98936 PS Form 3811, Fe�btuar—y 20G4 Domestic patum Receipt M- CITY OF YAKIMA SUB Proposal: Subdivision of an existing 16,222 square foot lot into two Separate parcels each approximately 8,111 square feet in size, An existing single-family home is located on proposei Based upon a physical inspection of the site. comments received during the 20-day comment period, and after examination of the Preliminary Short Plat for compliance with the City of Yakima's Subdivision Ordinance, Urban Area Zoning Ordinance, and Urban Area Comprehensive Plan, the Subdivision Administrator makes the following: On April 19, 2010, Dale and Midge Peterson submitted an application for a two lot short plat of the subject property. The application was determined to be complete on April 26, 2010. A Notice of Application was sent to the applicant and adjoining Property owners within 500 feet of the subject property on May 25, 2010. This was followed by a 20-day comment period that ended on June 14, 2010. 2. Each new lot shall have direct access ■ Avenue, (YMc § 14.25.040(B)). 3. All new lots and development shall be served by a separate public water supply line and meter located adjacent to the lot or development site (YMC § 12.04010). The City of Yakima Water & Irrigation Division is able to serve the new lots. W M4111AU41t 4... 1 7, Bight-foot-wide utility easements shall be dedicated along the front of each lot in t l4 T proposed short subdivision. Easements for new and/or future utility lines shall be a minimud of eight feet in width, or twice the buried depth of the utility, whichever is greater. (YMC 12.02.020) 1 13. The subject property lies within Yakima County Drainage Improvement District #29, with existing drain line running diagonally across Lot #2, and currently is encumbered by t existing irrigation casement. Yakima County has entered into a D "Drainage Improveme istrict Utility Modification Agreement to remove the existing drain line, and vacate t casement, if and when the agreernent is acted upon. 111,77-M . IMMUMM"M x2m IN&M 4 , WaJOU'Rit ig "T CONCLUSIONS 1. The short plat complies with the general requirements for short subdivision approval as specified by YMC Title 14. 2. Appropriate provisions have been made far: public health, safety and general welfare; open spaces; drainage ways; streets, alley, and other public ways; potable water supplies; sanitary waste disposal; parks and recreation, Plikygrounds; schools and school grounds. 3. The short plat serves the public use and interest, 2. All access and public utility easements shall be shown on the final short plat. (y MC § 14.15.0 80) approved five-foot wide hard Surfaced sidewa k/walking path is quired to be i stalled I re n for this parcels frontage Prior to recording of the final plat, (YMC § 12-05-010,.20 & .40) FOMM I M City of Yakima Code Administration Division is responsible for the confirmation reassignment of addresses at the time of building permit issuance," I 10. A current Short Plat Certificate, title report, or title policy covering the subject property mu accompany the final short Plat. I I 1. All other requirements of the Zoning and subdivision ordinance, although not specifically set forth herein, must be complied with in their entirety, AT this 21st day of June 2010 —?o n ,javeripoL Man -, n Davenport anTiing Manager Preliminary approval of this ShOTI Pldt is valid for a period of eighteen (18) months from the elate of this decision, This decision shall be final unless appealed within 14 days following the mailing of the final decision. All appeals must be in accordance with YMC § 14 15.110 of the. Appeal forms may be obtained from the Department of Community and Economic Development and must be accompanied by the application fee for filing short plat appeals of $505. E-1 DOC. INDEX #--r) -2- . DEPARTME 0FC0MMUNJ"ANDECoN0mIcDF 'topHENT www.buHding I www.ei,yaA-iyria.wa.uslservicesiplanairigJ ,yakimaxoin WMffIIMRffi*I3E=- - WFOUTRWIMIM On May 25, 2010, the City of Yakima, Washington issued a Notice of Application regarding a Preliminary Short Plat application submitted by Midge and Dale Peterson. The applicants proposes to subdivide one parcel of land into two separate lots of record. The subject property located at 209 N. 33'd Avenue, Yakima, WA. I Z[y File Number: PSP #005-10 CITY OF YAFJMA F'.UrIAL-Yit,V-r.11l-GY-t3L,1.11 PEUISION June 21, 2010 Proposal: Subdivision of an existing 16,222 square foot lot into two separate parcels each approximately 8.111 square feet in size. An existing single-family home is located on proposed Lot #L Based upon a physical inspection of the site, comments received during the 20-day comment period, and after examination of the Preliminary Short Plat for compliance with the City of Yakima's Subdivision Ordinance, Urban Area Zoning Ordinance, and Urban Area Comprehensive Plan, the Subdivision Administrator makes the following: M It L On April 19, 2010, Dale and Midge Peterson submitted an application for a two lot short plat of the subject property. The application was determined to be complete on April 26, 2010. A Notice ■ Application was sent to the applicant and adjoining properly owners within 500 feet of the subject property on May 25, 2010. This was followed by a 20-day comment period that ended on June 14, 2010. ■ 3. All new lots and development shall ■ served by a separate public water supply line and meter located adjacent to the lot or development site (YMC § 12.04.010). The City of Yakima Water & Irrigation Division is able to serve the new)ots. 4. The subject property is located within the City of Yakima's Jefferson in-igation district. There is an existing three inch asbestosis cement irrigation mainline in N. 33'a Avenue. The subject property has one existing irrigation service located in front of proposed Lot 1. 5. Each lot is required to be served ■ a separate irrigation service and line. (YMC § 12.04) 6. Each new lot is required to be served by a separate sanitary sewer located adjacent to the lot or development si te. (YMC § § 12.03.0 10 & 7.65.050) 7. Eight-foot-wide Utility easements shall be dedicated along the front of each lot in the proposed short subdivision. Easements for new and/or future utility lines shall be a minimum of eight feet in width, or twice the buried depth of the utility, whichever is greater. (YMC 1101020) 8. This site fronts on N, 33"d Avenue, classified as a Residential Access Street requiring 50 feet of right-of-way, 25 feet on each side of centerline. Based upon the above right-of-way requirement, N. 33d Avenue already has sufficient right-of-way available. 10. All proposed lot sizes are in conformance with zoning standards for lot size and width in the Single-Family Residential (R-1) zoning district. (YMC Ch. 15.05, Table 5-2) 12. Eisenhower and Franklin schools are located approximately one mile south of this subdivision. 13. The subject property lies within Yakima County Drainage Improvement District #29, with an existing drain line running diagonally across Lot #2, and currently is ancumbered by the existing irrigation casement, Yakima County has entered into a "Drainage Improvement District Utility Modification Agreement to remove the existing drain line, and vacate the easement, if and when the agreement is acted upon. I ELot 1: N. 3V1 Ave. Lot tatZt� 15. All access and public utility easements including irrigation, water, storm drainage, and sewer running through this site shall be shown on the final short plat. (YMC § 14.15.080) 16. Short Plats are categorically exempt from the provisions of the State Environmental Policy Act (SEPA). This exemption does not extend to any future development(s) upon this property th a( exceed one or more SEPA thresholds. 17. The passage of the Growth Management Act (SS13 2929) in 1990 requires local governments ■ produce written findings for short plats. Ibis is to ensure that appropriate provisions are made for the public health, safety, and general welfare. This short plat will not create additional need for schools, parks, playgrounds and recreational facties-, adequate public services are available to the site including potable water, public sewer and public transit. NO I&RI V IONN CONCLUSIONS 1. The short plat complies with the general requirements for short subdivision approval as specified by YMC Title 14. 2. Appropriate provisions have been made for public health, safety and general welfare; open spaces; drainage ways-, streets, alley, and other public ways; potable water supplies; sanitary waste disposal; parks and recreation, playgrounds; schools and school grounds. 5. The applicant and Yakima County shall act upon and execute the approved Drainage Improvement District Utility Modification Agreement dated April 20, 2010, and shall thereafter vacate any associated casement prior to recordation of the final plat. In addition, the applicant shall record the easement vacation, and note the vacation upon the final plat. 6. An eight-foot-wide utility easements shall be dedicated along the front of each lot in the proposed short subdivision. Easements for new and/or future utility lines shall be a minimum of eight feet in width, or twice the buried depth of the utility, whichever is greater. (Y.MC § 12.02.020) 8. Each lot shall have direct access to N. 33d Avenue. (YMC § 14.25.040(B)) City of Yakima Code Administration Division is responsible for the confirmation or reassignment of addresses at the time of building perrnit issuance." (0. A current Short Plat Certificate, title report, or title policy covering the subject property must accompany the final short plat. L All other requirements of the zorting and subdivision ordinance, although not specifically set forth herein, must • complied with in their entirety. lfl!!Ii l 110101111' 1 111 !illlill 11! i� �i� i ! i MU= n Davenport 2 anning Manager preliminary approval of this short plat is valid, for a period of eighteen (18) months from the date of this decision. This decision shall be final unless appealed within 14 days following the mailing of the final decision. All appeals must be in accordance with YMC § 14,15,110 of die, Appeal forms may be obtained from the Department of Community and Economic Development and must be accompanied by the application fee for filing short plat appeals of $505. Dale A Midge Peterson 209 N. 33" Avenue PS? 1#005-10 4 DOC. INDEX -1 RON PENDLETON APP #002 -13 (APP #001 -13) EXHIBIT LIST CHAPTER E Correspondence DOC # DOCUMENT � - -- - Complaint Letter Received from Dale and Midge Peterson F- - DATE E-1 01/15/2013 E -2 Letter Received from Kevan T. Montoya Re: Notice of Non- Compliance / Order to Comply 02/02/2013 E -3 Memo from Mark Kunkler to Jeff Peters and Steve Osguthorpe Re: Appeal Procedures — Subdivision Improvements 03/18/2013 Lro W&C �z I i I 1� 'A ■ UMU3�� Uji TO: Jeff Peters, Associate Planner V 11 FROM* Mark Kunkler, Senior Assistant City Attorney IN Issue Presented: What provisions of the Yakima Municipal Code apply to th processing and hearing of an appeal of enforcement action, where the enforcerne action concerns removal of a frontage improvement originally required as a condition approval of a subdivision? i; �M Lill KN' two - I .. W M1111 0 NO NO - 111001 NEIM-101 I r. I'll 1 6 INIARMAkTALSIRSTIV11104 - (I - I 0m l, I Chapter 15.05 YMC sets forth the development standards for subdivisions, ani: includes requirements for sidewalks. YMC 15.05.020(J) provides: J. Sidewalk Requirement, Sidewalks on one side of the street are required with new construction (except single-family structures). A sidewalk is required if one exists within DOC. INDEX Memorandum to Honorable or and Members of the City Council April 3, 2013 Page 2 By analogy, YMC 16,05.010 allows notice of 'project permit applications" to be sent to agencies interested in the application. as determined bv the Dlannina IWO221r, a-md to olVer newovq or P-0itip-, vArs 01 INWIMIJIVION M."FORIWME79=6 - a R110 par-ties Wrio nave requesTea notice is typically RNE followed. Ilia Facsimile and First Class Mail KEVAN T. MONTOYA* - TYLER M. HINCKLEY admitted ro piacke in WA and OR Re: Notice of Noncompliance! Order to Comply with the Yakima Municipal Code to Ron Pendleton for 207 N. 33 Id Ave., Yakima I represent Ron Pendleton regarding the above-referenced Notice of Noncompliance. I called you two times this past week, but you did not return my calls. 11-- 11tial FlUlKi MUL I %flu-Cl applOVC Te properLy at issue did not show a sidewalk or walkway. Nevertheless, he approved them because he knew they were proper. Alternatively, he decided to "adjust" the standard as Code section 12.05.040 allows, @11111161*'11=101101 I - D= INIM # E 4702 A Tielon Dr. w Yakima, WA 98908 • Ph: 509.895.7373 0 Fax: 509,895-7015 ♦ www.montoyalegal.com If you will not reconsider your decision, please send me a copy of the appeal forni by email or fax. If you will not, please let me know, Very truly yours, MONTOYA HINCKLEY PLLC T Kevan T. Montoya KTM, I DM INDEX # E-2-4%WWSM ...... MUNMEMMM" VIT74w7�TT" Jeff Peters, City Planning Doug Mayo, City Engineering IaT., Viddle, Cij� E Fwft�*j - I A I U I N IL L k 0 January 12, 2013 This letter addresses an issue my wife and I first raised in August of 2012. Since five months have passed without any response we decided to put our concern in writing. The issue concerns the property at 207 North 33d Avenue in Yakima, Washington and is not directed at the new owner of the property but at the City of Yakima. We were confused by the lack of flexibility — but we complied. The "improvements" (that began at a large bush and ended at a neighbor's driveway) cost us $4,000, and countless hours of futile negotiations. We believe our concerns have not been handled in a timely fashion nor have they been responded to. We have kept written notes on the time and content of our repeated inquiries to city employees. We arA now requesting a written response. if the City has decided no walkway was in fact necessary, we out request a reimbursement of $3,000 for our expenses and efforts. RON PENDLETON APP #002 -13 (APP #001 -13) EXHIBIT LIST CHAPTER F Exhibits Submitted at the Hearing Examiner Public Hearing 04/11/2013 DOC DOCUMENT DATE F -1 Response to City's Notice of Non - Compliance submitted by Kevan Montoya 04/11/2013 F -2 Declaration of Mike Dexter submitted by Kevan Montoya 04/11/2013 F -3 Declaration of Ron Pendleton 04/11/2013 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 APR 11 2013 W cl 'ZI mm APPEAL OF NOTICE OF NONCOMPLIANCE AND ORDER TO COMPLY CITY OF YAKIMA, WASHINGTON MUNICIPAL CODE APRIL 11, 2013 MEENNEENIM M 6=6 Imp mzo=� 10 iii It Iiiiiii llil�1111111111 lllp�11111 11111111 IlijIll IiII1111111 11 =1 t 2012. At the time that I bought the property it was planted in grass, but otherwise uramproved. I own a rental house at 205 N. 33d t Washington, ME =0 Pill 1!111111 1111111111111111 111 11 1 2 a I. I I YY 26 27 28 29 30 31 I M I I I'M I iffl ii � I Y 1= 5 1 11112 � 11M 41LIAM SIR= - 7. Pendleton Excavating started construction on February 14, 2012. United IRS gqqp 011 ii Petersons. It is taken from the street, looking North, on the East side of the street. It shows the latticed cinderblocks on the property at 209 N. 33d Ave., that were there in NIPPON I 91 I 1 14 15 6 17 18 19i i i because the grass was grown all of the way over them. Page 2 shows the sameNorth view of the Property, but shows the part of 207 N. 33d Ave. to the North of the .r r liJ I will 11111111111 10111 111111r, [11 Jill It 11111111 "1 1111111111 1 1 r I 1, 0 IN 11 =loom 22 23 24 25 26 27 281 29 30 31 32 33 34 35 M-NTMO MMMM=4 -3 DOC. INDEX 4702 A Ti Dnve Yakil WA 09 M. (5) 895-7373 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 13. Attached hereto as exhibit 7 is a true r copy of chapter 12.05 the Yakima Municipal Code. According to YMC 12.05.020, "[Sidewalks] shall bel I 'I driveway approaches shall be a minimum of six inches thick." The property lying immediately north of my property has "grass pavers", which are bricks in the ground in a lattice design, with grass planted in between the bricks. I declare under penalty of perjury under the laws of the state of Washington ■ -4 00C. INDEX el Is] 4702 A Tleton Dive Yalum, WA 989M (509)895-7373 *I � 41 11 IV, Form No. 1490,08A Eagle (01/08) ALTA Homeownees Policy of Tie Insurance (01/01/08) 110007500108SA ISSUED BY RistAmelican Title insurance CoInpapy Our name and address Is: First American Title Insurance Company 4710 Summltview Ave, Ste 204, Yakima, WA 98908 MMEMER"RM ��! I F 1 1111111 1 11��Iiilp!1�11 I Street Address of the Land., 207 North 33rd Avenuie� Yakima, WA 98902 V= 2. Your interest in the Land covered by this Policy is; Fee Simple. follovvs* I too off to 11 Doe. INDEX Ituarml joust-mg ISSUED BY Airst American 71he Instirance . Compaj7y 1;*.(4m 4:A 111 (41 Ti`111', 111FRIKIFOMP7.1 =W51111117,11,1111, PIFIT TIM-fin, year. Tax Account No.: 181322-14539 1st If Amount: $ 234.55 Assessed Land Value: $ 37,200.00 Assessed Improvement Value: $ 0.00 2nd Half Amount; $ 234.55 Assessed Land Value: $ 37,200.00 Assessed Improvement Value: $ 0.00 2. Horticulture Pest and Disease Control District assessment for year 2012 . Amount: $ 1.00 I=T. 6 Easement and right of way for the purpose of laying, operating and maintaining a water pipe ■ water pipes and sewer pipes with right of Ingress to said pipe lines, granted to City of Yakima by instrument of record. Recorded: July 06, 1951 Recording Information: 1369577 Affects: Over the West 5 feet of the East 5.2 feet of said premises The Grantors shall have the right to use the surface of the ground over said pipelines for a purpose that will not interfere with the construction, maintenance, and operation of such pi lines. I Any and all offers of dedication, conditions, restrictions, easements, fence line/boundaq discrepancies, notes and/or provisions shown or disclosed by Short Plat recorded under recording rt n ber 77107*. M Note., Said premises may be assessed annually by Drainage District No. 29 and Horticulture Pest and Di DOC. INDEX # F-, Owner's InknI Sheet 1100075CO10801 0�11 1� �,LLI P -* Tj;tf-4jFL1qL1(j41Tjf WM ISSUED BY first American Title Insurance Q=Mgg t ', 919"191 3L=*TrM-iWrZ tail - 4 0 I L, F-1 it Fre-1 NW41-g-8 *-*T11I- 440 u The Policy insures You against actual loss resulting from certain Covered Risks. These Covered Risks are listed beginning on page 1 of the Policy. The Policy is limited by: A First American Title Insurance Company IuI 4710 Summltview Ave, Ste 204 Yakima, WA 98908 DOC. INDEX Form No. 1490.08D Eagle Table of Contents ISSUED BY FitstAmerican Title Jrnsurance Company OWNER'S COVERAGE STATEMENT ..........,........,......................... l COVERED RDSKS................ .............. .................... ........ 10u2 OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS. .. ... ...... .............. .......^ 2 EXCLUSIONS... . . . ...,. .,...,.. . ... .... ... .. ,. ... . . .. .. .. . . .. . . . . . . . . . . . 2 CONDITIONS 1. Definitions.....,.............................,......,.............. 2&3 2. Continuation of Coverage ...... --- ....... .............. .......~~~~~` 3 1 How hm Make a Claim. ...... .................. ........................ 3 4. Our Choices When bNe Learn mfa Claim..................................., 3 5. Handling a Claim 0r Legal Action, . ........... ........ ^................... 3 6. Limitation of Our Liability ............. ,.,.............................. 3 7. Transfer of Your Rights to Us ...............,....,............-.-....... 4 & This Policy is the Entire Contract. ................... ..... .-. .......... ... 4 9. Increased Policy Amount ...........................^...,.........^'..^^ 4 10.GeverabUity.. ................... ............^`'^'^'`^'~~~^^^^'^''^^ 4 11. Arbitration ........................ ^^^^................... ,,,,,,,, 4 12. Choice of Law .............. ...,..................^`^''''''^^^^^'^^' 4 INDEX I 0 E Nol ,r arc ------------- - ---------- jj it pmW-14" ,j mm;31m. Or-INVEA m BB M. MWS at G.Wts r p. yylis jj it pmW-14" ,j mm;31m. Or-INVEA m 1 *41 8111,11,10 Z > C SI - aigiv.11EAMEW1 M 2 no% MAN cuenter'y WMMKM * 2"T RARE OF WL an cNeca 207 R md ArE 1 TRY 13 H. RNa TO E , ALL w4amin Be 0 cNix rwwR, ids ART 711POW T AT THC NEWEST W MOM PEHERWH Of MAY Mtk C—wqD YSTH CASE" AM FOW40 am "*""T " ""' QW) TOP CONTROL fic aer as /FOOP. LAW 057 LAST NORTH 459.7 CCR %ECTo" 21 no% MAN cuenter'y WMMKM * 2"T RARE OF WL an cNeca FILING CERTIFICATE 1 TRY 13 H. RNa TO E , ALL w4amin Be 0 cNix rwwR, ids ART 711POW T AT THC NEWEST W MOM PEHERWH Of MAY Mtk C—wqD YSTH CASE" AM FOW40 am "*""T " ""' QW) TOP CONTROL �FFFOFNLD "T,;.,OOn NO" RTIT �S� TOTCON 1-900�A lqtp or UNITES ACUITIE'S HLE No, YAKILIA COUNTY, WASHICIGTON. a7TTll �s REW Ep's CT wk� 22 MoNdwTo; �SjEO �i v�r or �tMaT C OAaARC C 2mL5Y CORKY MATTINGLY YAKIMA COUNTY AUDITOR DEPUTY SUMMITMEW AVENUE F, no% MAN cuenter'y WMMKM * 2"T RARE OF WL an cNeca FILING CERTIFICATE IN COWMAROC MTN Rk RIXUAW04TS or TWE WON T AT THC NEWEST W MOM PEHERWH Of MAY Mtk C—wqD YSTH FILM FOR RECORD THIS C DAY OF 6W"&. 20 AT 2AJIM- �FFFOFNLD "T,;.,OOn NO" RTIT �S� TOTCON 1-900�A lqtp or UNITES ACUITIE'S HLE No, YAKILIA COUNTY, WASHICIGTON. a7TTll �s REW Ep's CT wk� 22 MoNdwTo; �SjEO �i v�r or �tMaT 0 t*NOwS,f2 INCR Rrw v*r4 CAP (UNIT" 123") sirr CORKY MATTINGLY YAKIMA COUNTY AUDITOR DEPUTY W-No." wo" Of TP% Winty Aw RLANVE TO AW .1N . OF 1111 .1111111 WAR- OF SECDON Tw� 13 N, xvict in r *� As "a ROOM w4wa., iml As 21DW F, Thomas F. Upton Surveying ON WX 2514 WASKUHRION SMt fuvvuaw via (Owl 579 -0441 FAX (CAN! 432-061H CITY OF YAKIMA SHORT PLAT PWAM FOR GALE & MIDGE PETERSON 3506 WEST LOGAN AVE. YAKIMA, RON. nw. 43 N ' ANT #4 f,av PRO Rini hiWi puJR, w CARL raw OCR Art nitwea Thomas F. Upton Surveying ON WX 2514 WASKUHRION SMt fuvvuaw via (Owl 579 -0441 FAX (CAN! 432-061H CITY OF YAKIMA SHORT PLAT PWAM FOR GALE & MIDGE PETERSON 3506 WEST LOGAN AVE. YAKIMA, RON. 1 *41 me I I loll 0 �- .�r y t F � 0 0 §'--4 w • Ak k, S, # 1041 is I 1 161 v NEA I MMINMIM N. 33rd AVE. wl NOW mob.1 IE �70-1 N 53rd AVE. YAKIMA. le4A UNITIED OU21,01ERS CONSTRUCTION 511RECIFIGATIOM Fa[I I FOR HON RENDLEMIN United Builders of Washington 2112 W. Nob Hill Blvd, Yakima, YEA 98902 PH 5(19-�>4RA"l211 - FAXStIq-57."527 Ila Clty,State.ZJP YAKIMA 9807 Parcel# lA11?)-j41`l Owned by Owner da"PWIN Item Budget Contract Sal Feet Modified? Corner Masonry None A— Style Plan Type Mallard So Ft Wall Height DDSgoS,= Vault. Sunken — Dormers — Sheating Interior "'o4" Exterior? "x6" 0- 2:r' Q- C - — with 7'16" 0 - h WeyerhaueserS" Cottage Lap ElWeyerhaueverg" Lap Sule 011oard and Batten Rear/Side Siding Curbside E] Weyerhaueser 5" Lap Side El Hardiboard Lap Side ❑ Stucco Board -r 5" Cottage Lap Siding El Weyerhauescr S" Cottage Lan 0 HardiPlank Vertical D HardiPlank Style Standard Gable Pitch Breaks — Type of Roofing Pence Premier Color Sheathing 7,(t l "a CIS B Gable End Overhang 12 inches Even Overhang inches 2222= Sci FL Garage Orientation S to Door Style 32 ] Riaht Z Left 0 Front ❑ Raw f--1 Side lAlSabcd Raised Pamd Door Options Z one 16' El one 9' Di two 9' 0 three 9' N Flectric Door Opener(s) Other-- - Garage Finish Options C]i Firewall Only Miinsulate ZTape LiTexture ClExtra Outlels ,�,yvlan Door 001her... j�i Sri Ft — Well- Finish Comers — Garage Under 21M° •1 Calling RAS Wall R-7L Floor lFstpniled sq. fL Options 0 Steps N Fatima El Other J�ffiE Roof IM3010 sq. ft. options Steps [] Raiiinax El BioQ=cMg%z El painleai INDEX 12' x IS' I 'git sq. ft. wm 115.61"oil MBIA I'M u TWally from Front Door to: DRIMEW.&Y 121 T =p TO 13' — Material: Concrete Install by. KLUWER- Window Color [Wh; Window Style INYL L otherWindowe Living Room Riz Elaxis Bedroom 3 Per Plans Dining Por Blam Bath 1 N/A Kitchen NIA Bath 2 2a: Plans Bedroom I Per Plato Family Per plans . DOC• SBedroom 2 Ect Mans Garage Lu— INDEX- Front Door Style ME S-2-55 Side Lite Deadoolts I DeadbWLSek&SbuU'c Exterior D Rear Door Extra oa Lail # Patio Door SMIMSIze: fi'X 6`82 Minal S 6 D Patio Door Color todic Coffered, CAR DMainLivires E]LivRm DiEntry ODinum ElFandiv DMaster Stallcland DRR2 grjnap� EIBR3 ['3M.Ba Crowntelould EIAII ElMaingiving E]LivRrfi Eltintry DI)minz EjFandly E]IN[aster DBR2 OBR3 LIM,Ba Lowered Ceiling EJAII LI Main Living OLivRrn EJEntry ODming E]Familv Oita ter EIBP2 EIBP3 0M,Ba Subfloor 3LC��1&0 Ring Shank MA (11—o s, Family Room FI zwdz_ Nailed Hall F1 Otand- Kitchen G vinyl— Bedroom I FI aaadd__ Entry FI ybod Bath I FI vinyl_ Bedroom 2 FI uadAL_ Living Room FI can=L_ Bath 2 FI yjanj Features Outside Air Dining Room F1 cargai— utility Ft runot- Bedroom 3 FI carga_ Fees O Brick Hearth EJ Wood Mantle Trim Wood fitanciard C3ak Woodwork Stain xlaltm t Special Trim Wood Interior Doors 1hs1kxw_DiwaDaX_ FIffold DoorsXES_ Number l ................. Type !ILnLE_ Pocket Doors Number J_ Interior Door Hardwar Finish Woods Ei� state Hardware M;Alt EXTRA CABINETS (Lineal FL) Uppers — Lowers Door Upgrade Sq. Ft CABINET Kftchen�dard Inset VejW DOOR NON. Hall LSMIW STYLE aid UUM Maicer E=--L---J STANDARD Baths r AGUU5 A FINISHES Utility Room CABINET OPTIONS �M 4�_- � N a .......... ... Style D Gas burning 0_ Wood - burning 0 Direct Vent Ei Brick ChiminnyiChase 00ther., Ej Remote Start 0 Woothrove ❑ Wood Chi mmVIChuse O Flue for Wanderers Features Outside Air ❑ Tile Hearth 11 Flush He O Wood Surround LJ Woodstove Pad Fees O Brick Hearth EJ Wood Mantle ❑ Brick Mantle El Other... C3 Glass Doors 0 Raised Hearth 0 Wood Shelf above L1 Brick/Stone to ceiling Other Free Standing Kenmore Range /oven Slide-in Kenmore Range Custom Range Garbage Disposal Built-in Dishwasher, Kenmore Built-in Rood/Fan, Kenmore AA;-'_.'.W'_4 V__.. 12 11,111711111111 2:U t5U]"WItIll1b T;0NbTKU(;T10N bVEGIFIGATIONS I�OR RON PENDIXION United Builders of Washington 2112 W Non Hill Blvd, Yakima, WA 98902 PH 5(151-74"171 - ;:AX Srfl-,975-9,S27 ■ Trane Gas Forced Air Furnace Dual Zone Heah g Trans Electric Air Conditioning Heat Pump 'r Trane Electric Furnace ■ Electric Wall Heaters Trans Gas 90% Efficiency Electric Baseboard HQ Brands or other notes 0 Through Wall A/C I ❑ Other- PLUMBING....1 Note: These specifications for plumbing to the fixture, not the fixture itself BaslePiping MARSDrain Appliance plumbing LRDishwasher XDishosal NiceNtaker 173WaterSoftener ElOther... Water Heater Type Electric SIZO:150 Gallon 3 Kitchen sink 33"Double Kitchen Sink Color Stainless Strel Kitchen FauceraFZen Sinele Valv= = Spray? Yes Bath Faucets mmm� BathOLtions: an 0, Ott r type Master Bath --"-I Door type #3 Bath Door type 116 X 411- Sho7e, Laundry0ptions XWasher O'Laundr-ySink 0 Laundry Sink Rouch-in CIPerPlans Laundry notes Water Supply Pse lac Other Plumbing Notes R"!=M 11 � I �ililill !iii j Note: These specifications for wiring to the fixture, not the rixture itself • Dryer E] Vent Fan KiLchen Zr(ange X Exhaust I lood IED Bathroom Hezt-a-Vctic L1 Power [to • Vent Fan Bath Z Dishwasher �R Dhsposifl D Mierohood E:WaEcrS,3ftcncr E:WeI1LPunip Ll I tot Tab F Vent Dryer )v Garage Exterior Lights 2— Garage opener Yxs-- Door Chimes Front TVJacks 2— Phone Jacks Ethernet Other Electrical Notes OEMExterior Builder Interior Builder Paint Furnished by: Buildpr Paint Clean up Buildrr Fill Nail Holes Builder as the case may be. All requests for changes and additions shall be made in writing to the builder and shall become a matter of record. Act. #ts s snrdarc inward k , —, —'.. is +K. a #n ra anii reaa^d —A.;—* —A —.-� +K. nMasra Salesman; Purchaser 1 *41 ovilloll to M • * I - * w - 0 - 4 glify-arips- 0 . # lei S�T �T-Igw- Occupant 207 North 336 Avenue Yakima, WA 98902 According to the records of the Yakima County Assessor, you own the Subject Property at: Street address: 207 North 33rd Avenue Yakima, Washington Assessor's Parcel No.: 18132214539 1211111110�=' in� I III � I ''Immmi'm mit iE 51 Obtain all associated permits for the replacement of the sidewalktwalking path; and Replace the required five-foot wide hard surfaced sidowalktwalking path Notice of Noncomplia, i Page 2 .2, 5, 'Tiolations of Titles 12 and 15 of the Yakima Municipal Code are subject to criming and/or civil penalties. Each Title makes separate provisions. Regarding the required five foot wide hard surfaced sidewalk/walking path for the pa frontage, in violation of Title 15.- 1 (oil If you have any questions call Tammy Gilmour, Code Compliance Officer, at (50AR 576-6338, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. I Tammy Gilmo Code Compliance Officer DOC. INDEX # F-3 Notice of NoncompliE, Page 3 Kai im -ATM I certify under penalty of perjury under the laws of the State y.,'.. Washington that the following is true and correct, based on my own personal knowledge of the following facts: On Jan9M 23, 2013, 1 deposited with the United States Postal Service, via Certified Mail, postage prepaid, return receipt requested, and via regular mail, a Notice of Noncompliance to the Zoning Ordinance (two pages in length), which was addressed to the following persons at their last known address: Ronald R. Pendleton Jr. 400 Alps Road Moxee, WA 98936 Occupant 207 North 33dAvenue Yakima, WA •8902 Dated this 23rd day of January, 2013 at Yakima, WA. � V9 - W-rew-0 m PI ce Officer DOC. INDEX CITY OF YAKIMA I's I Ik,, Is I L�NWQV Proposal: Subdivision of an existing 16,222 square foot lot into two separate parcels each approximately 8.111 square feet in size. An eXisting single-family home is located on proposed Based upon a physical inspection of the site, comments received during the 20-day comme period, and after examination ■ the Preliminary Short Plat for compliance with the City Yakima's Subdivision Ordinance, Urban Area Zoning Ordinance, and Urban A Comprehensive Plan, the Subdivision Administrator makes * the following: Mt I. On April 19, 2010, Dale and lyfidge Peterson submitted an application for a two lot short plat of the subject property, The application was determined to be complete on April 26, 2010. A Notice of Application was sent to the applicant and adjoining property owners within 500 feet of the subject property on May 25, 2010. This was followed by a 20-day comment period that ended on June 14, 2010. 2. Each new lot shall have direct access to N. 33 d Avenue. (YMC § 14.25.040(B)). All new lots and development shall be served by a separate public water supply !ine and mreter located ad acent to the lot or development site (YMC § 12.04.010). Th City of j e Yakima Water & Irrigation Division is able to serve the new lots. 4. The subject property is located within the City of Yakima's Jefferson irrigation disftict. There is an existing three inch asbestosis cement +, y, mainline in N. 33r'i:Avenuc. The subject property has one existing irrigation service located in front of proposed Lot 1. i. Each lot is required to be served by a separate irrigation service and line, (YMC § 12.04) 6. Each new lot is required to be served by a separate sanitary sewer located adjacent to the lot or development site. (YMC § § 12,03.0 10 & 7.65.050) I Eight-foot-wide utility easements shall be dedicated along the front of each lot in the proposed short subdivisiom Easements for new and/or future utility lines shall be a minimum of eight feet in width, or twice the buried depth of the utility, whichever is greater. (YMC § 1102.020) JO. All proposed lot sizes are in conformance with zoning standards for lot size and width in the Single-Family Residential (R-1) zoning district. (YMC Ch. 15,05, Table 5-2) 12. Eisenhower and Franklin schools are located approximately one mile south of this subdivision. 13. The subject property lies within Yakima County Drainage Improvement District #29, with an existing drain line running diagonally across Lot #2, and currently is encumbet-ed by the existing irrigation casement. Yakima County has entered into a "Drainage Improvement District Utility Modification Agreement to remove the existing drain line, and vacate the easement, if and when the agreement is acted upon. Lot 1: 10 N. 38 Id Ave. Lot rl 5. All access and public utility easements including irrigation, water, storm drainage, and sewer runninor throuch this site shall be shown on the final short plat. (YMC § 14.15.080) 0 0 16. Short Plats are categorically exempt from the provisions of the State Environmental Policy Act (SEPA). This exemption does not extend to any future development(s) upon this property that exceed one or more SEPA thresholds. 17. The passage of the Growth Management Act (SSB 2929) in 1990 requires local governments to produce written findings for short plats. This is to ensure that appropriate provisions are made for the public health, safety, and general welfare. This short plat will not create additional need for schools, parks, playgrounds and recreational facilities; adequate public services are available to the site including potablt water, public sewer and public transit. Wle & Midge Ntemn W9 N. 33'I Avenue PSP XOOS- I a CONCLUSIONS I. The short plat complies with the general requirements for short subdivision approval as specified by YMC Title 14. 2. Appropriate provisions have been made for. public health, safety and general welfare, open spaces; drainage ways; streets, alley, and other public ways; potable water supplies; sanitary waste disposal; parks and recreation, playgrounds; schools and school grounds. 3. The shoit plat serves the public use and intereA 1 All access and public utility easements shall be shown on the final short plat. (YMC § X4.15. 0j Zich new lot shall be served b4 separate san tary srjer aTd VARX11) twa r4ke Rougm 4. Each lot shall be served by separate irrigation service lines located adjacent to the lot or development site. (YMC § 12,04) The I applicant and Yakima County shall act upon and execute the approved Drainage and Improvement District Utility Modification Agreement dated April 20, 2010, shall thereafter vacate any associated easement prior to recordation of the final plat. In addition, the applicant shall record the easement vacation, and note the vacation upon the final plat. f. Each lot shall have direct access 33d Avenue. (YMC § 14.25.040(B)) 9. All addresses shall be clearly shown on the face of the final short plat (IZCW 58.17.280), Additionally, a note shall be shown on the face of the final plat'stating: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change. The r. . i• . City Of Yakima Code Administration Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance," 10. A current Short Plat Certificate, title repoM or title policy covering the subject property must accompany the final short plat. M W This decision shall be final unless appealed within 14 days following the mailing of the final decision. All appeals must be in accordance with YMC § 14.15,110 of the. Appeal forms may be obtained from the Department of Corrununity and Economic Development and must be accompanied by the application fee for filing short plat appeals of $505. M M`1 M, -1 * 6 - I &ME., 1160 1) 4 DOD. INDEX # F-7 1 *46vq e 1 061 N dull 7.......... 7 ff.17-49�k� 0 1 " , 1 6 91 IMI �Wfo, L1=1 I house at 32nd and Sununitview a Labor and Tnatcrials to do the following: i *Install 160 sf of grass pavers along 32nd Ave. 19101KNO Sales Tax (7.9%) I 1 0 . * . i I . . ,17= ME= 1 W-41 of INDEX - f-liapter 12. .'j Z'SIDEWALKS Azzim &I 19] AVIVEI 4 M Sections: 12.05.010 Sidewalk installation required. 12.05.020 Sidewalk location, thickness and width. 12.05.030 Obstructions. 12.05.040 Design approval and adjustment, K Residential streets 5 feet B. Arterial and collector streets 7 feet C. Central business district streets 12 feet 9 -Yee . -- - Teet • t bufter 16 ce a oweff wiffflWo O such as planter strip, (Ord. 2001-13 § 24, 2001: Ord. 98-64 § 1 (part), 1998). 12.05.0 40 Design approval and adjustment. The design of sidewalks and a urtenances is subject to allroval of the 2'qty en inee 9LJ r 61INISIQ .10111 14. &WIN0111: C41 T DOC. INDEX- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ✓5 APPEAL OF NOTICE OF NONCOMPLIANCE AND ORDER TO COMPLY CITY OF YAKIMA, WASHINGTON MUNICIPAL CODE APRIL 11 2013 P110129242 M 9#1= years. I make this declaration based upon facts to which I am competent to testify and U-1 33 d Avenue in Yakima, Washington. United Builders acted as the general contractor on the job. I personally was involved in overseeing the preparation of the plans for this job and submitting the plans to the City of Yakima (City). I also oversaw the 3. The property at 207 N. 33d was a vacant piece of land when Unitem I I not know that one was required. Attached as exhibit 2 is a copy of the plans that I submitted to the City and that the City approved. The City never conditioned any part V M ff In", 3 M M- � - I mv�* # -/ i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 sidewalk. If the City wanted to require a walkway or sidewalk, it should have done it before it approved all of the plans. I declare under penalty of perjury under the laws of the state of Washington I - Signed at Yakima, Washington on this Am MW DIX. MONTOYA HINCKLEY PLLC -3 INDEX 4702 A TwW Dfive Yakima. WA 9M DECLARATION OF MIKE DEXTER # t 095-7373 IM40511,0011 (f L-1 Ic WT Ce>ry WAARARM N, 33rd AVE. ESWOM Mrawn rm", ISlownd", IBM, MMMML I Ili k"1111114 h - a 11 FOR RON RENURTON United Builders of Washingt, — 2112 W. Nob Hill Blvd, Yakima, WA 9811 PH - PAX 55q-57.1r�ii-A. PROPERTY INFORMATION Legal Address 202-N-33rdAVF City, State. ZIP YAKIMA 3YA– qR902 Parcel* 19132-14532 Owned by Owner Item Budget Contract x........................................................................I .. .. ...... ....... 17: ........................................ ................ Coffered: ❑ All ❑ Main Living n Liv Not E El Entry 0 Dining ❑ Family 1:1 Master l Standard -Splatter Crown Mould IJ All Main Living E] Liv Rm D DErrry ElDining []Family OMaster 0 0 BR2 FqBR3 M. Fat Lowered Coiling El All 0 Main Living ❑ Liv Km E El Entry ❑ Dining ❑ Family ❑ Master E EJ OR 2 0 SR 3 0 M. Bj Su floor 3M" M&CL05B G[d2d-S-- F Family Room R carad- Hall Fl carnet Kitchen FI yimd_ B Bedroom I M Cauxt-- Entry FI xiamL— B Bath I FI giaYL— B Bedroom 2 Fl caract Living Room F1 CaLafg-- B Bath 2 F1 vinyl B Dining Room Ff casect_ U Utility PI vinyl-- Bedroom 3 F1 cartas Trim Wood Woodwork Stain S Special Trim Wood Interior Doors HaIlLay Crgg n,� Bifold Doors YIS— Number Type S SlNGI.E Pocket Doors Number I— Interior Door Hardware l ............... ROM- Finish Woods dir Stain H Hardware EXTRA CABINETS (Lineal FL) Uppers L Lowers, Door Upgrade Sq. Pt CABINET Kitchen &�—� N Duux STYLE Hall S NON- Baths WOODS& Utility Room F FINISHES CABINET OPTIONS SPECIALTY Cabinet Notes CABINETS & LOCATION ■ Gas burning El Wood-buruing Direct Vent 0 Brick Chimney/Cmise L-- Other... ■ Remote Start ■ Woodstove Wood Chimney/Chase 0 Flue for Woodsurve Features ■ Outside Air 0 Tile Hearth ■ Flush Hearth ':] Wood Surround Woodstove ?ad 0 Fans 1:1 Brick Hearlb ■ Wood Mantle El Brick Mantle Other... ■ Glass Doors ■ Raised Hearth El Wood Shelfabove ■ Brick/Stone to ceiling 4. UNITED BUII nERS CONSTRUCTION SPECIFICATIONS ed Builders of Wash ng on FOR 21112 W, Nob Hill Blvd, Yakima, WA 98902 PH Snq_UA-8391 - FAX 509-575_9S77 -:ATING� Heating options 0 Trial- Gas Forced Air Furnace Dust Zone Heating True Electric Air Conditionin t g Heat Pump ? Trane Elecric Furnace Electric Wall HAters 04 Tyauc Gas 901/4 EfficualcY C1 Electric Baseboard Beat Brands or other notes 0 Through Wall A/C I 0 Other.., LU%13[NG.,.l, Note: These specifications for plumbing to the fixture, not the fixture itself A Basic Piping 0 Dishwasher 9 Disposal 0 Ice Maker [I Water Softener 0 other... Appliance plumbing Size:150 G.IIZ�= Water Heater Type Kitchn Sink Color en �i Kitch Sink 33"Doubl e e Kitchen Faucets MQeU SillPle VdI= ChEome Spray? YU— Bath Faucets Bath 0 Doortype master Bath Door type #3 Bath Door type 157OFF -t-- --. =f 7�-- , � �l �- - - o ,— - - — nt the fixture itself ECt =!,� Note: These specifications for wiring to the fixture, -a-Vea( [j Power I Ed 0 Vent Fan Kitchen N R2119C Exhaust I-lood C1 Bathroom licat flot ru, Drye Mi rohood water Softener FA Well & Pump ventrFan Bath 0 Dishwasher IA Dis p os •1 to I ----------------- style extra Plugs ---- Electric Plate color 1wbits __j Garage opener Yx5— Vent Dryer VL— Garage Exterior Lights 2-- TVJacks2— Phone Jacks 2-- Ethernet Door Chimes — Other Electrical Notes Exterior BuiWa- ?amt Furbished by: Built" —_ interior Buildrx— Fill Nall Holes Buildcc- point Clean up Buildct- erintl become null and void unless contained in these s4 ecc3f'4 rls *54MILM ilis ium W. 1� I 7DOOP� v . ....... . ... ........... MM `:'j2,xio Phrie WOOL 4 , V2, m4it* c4w—, AAMU . s ice- VVM 41 ... ..... . ... . 4i 11 low �r'lmlmwww- v MM AMEW 0 1 3 6 7 8 1 11 12 13 1 17 8 9 0 1 22 23 5 26 27 0 2 33 3 APR 1 2013 CITY GNP •. APPEAL CITY OF YAKIMA, WASHINGTON MUNCIPAL CODE APRIL r M ' WMIED am • ILI 0. N��E INIOMINJUVOURN Ron Pendleton owns the property at 207 N. 33d Avenue, Yakima, Washington, When Mr. Pendleton inspected the Property notice that it had any kind of walkway or - to the Peterson was a realtor and had the * listed to sell. When bought MEMO �r w 1 2 3 I 7 8 9 10 11 12 I I 11 41; Toy me 7 1 ITI that any walkway or sidewalk was or is required on the property at 207 N. 33r, Ave. The Property at 33rd Ave., is between the property at 33d Ave., United Builders of Washington, Inc. (United Builders) built the house for Mr. 003-0.74THROOTIM71 I I 1 1, 1 1 1 1 1 1 - Or pqm�� The required five-foot wide hard surfaced sidewalk/ walking path, required to be installed for this parcel frontage, has been removed, contrary to the provisions Chapters 12.05 YMC, and the Final Findings and I MONTOYA HINCKLEY PLLC REPONSE TO CITY'S NOTICE OF 4702 A Te WA ti Dd INDEX ye Yaidrm, 98908 NONCOMPLIANCE # '_ L I (W9) 895-7373 _L �1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 0 M MWI M PF�C a is I I Decision of the City of Yakima, dated June 21, 2010 (enclosed). 111, 61 6j 2. The Code is unreasonably requiring that Mr. Pendleton instal I a walkway or hard surface even though he has installed sprinklers and lawn. 3. The City Code does not require that he keep or put in any kind of a hard surface or walkway. 1 3 4 5 7 a i e! km I .61 9 i TP 23 24 25 26 27 28 29 30 31 32 33 34 35 Pendleton's construction. 11 MIRIMM? FIFIliffirm pill IN 11 1 L0111101111im"i'll � f The City could not have required Mr. Pendleton to install a sidewalk as part of the process of approving his building permit. YMC § 15.05.020 J., states, in part, IIIIIIIII Jill llqllll��Illpl 1pp� 111�� '!Ili � 11 1 1 ill I' 111 1 i J! I I I mram Wt mWeEmnalm] III Ill Ill I I i I I I pJ5 I Jill I l i : I ff- I I'm ff IRW- li ;11 ill 111111111111111111 W."IT111511WIll = - 5 DW. MONTOYA HINCKLEY Ill REPONSE TO CITY'S NOTICE OF INDEX 4702A r Ddve Yakima, WA 98908 NONCOMPLIANCE t 731 1 2 3 4 5 6 7 8 9 10 11 12 13 14 M M C. The City's new argument that Mr. Pendleton had to maintain a sidewalk do not follow the City Code. 2 1 q III ;III! III 1 11 11111 ill 11 Ali street margin and the roadway. It was Mr. Pendleton's property. Therefore, by definition the cinderblocks were not in a location to be considered a sidewalk. By the construction standards of the Code, the cinderblocks were not a Di t 1#01 row# 11 !111 illilill!11111 111111!"111iqliq : �1111 i i ♦ - it I I � I 111 11 11 11 11 MIT M i IF F E I �l- 1 .1 I without compensation. The Washington and federal constitutions provide that I 5 6 7 8 9 10 11 12 13 14 15 16 I w I I 11111111!1111 FA � ;i1pill 1�1 I III I 11111111plillir"i l�illillillllillill I II II I I OR I SIR I 1 11 �� I I I �I I 1 111111 1 1 IN Pendleton to install or keep pavers. Therefore, Mr. Pendleton requests that the that he has failed to comply and order the return of his appellate fee. Dated this III?, � day of April, 2013. III q %I l i l t I W" a) awl" rmgg , �/ Iw� By: KEVAN MONTOYA, WSBA 19,2 IV 1 - 7 DOC. MONTOYA HINCKLEY PLLC REPONSE TO CITY NOTICE OF INDU 4702 A Tebn DNe YaWim, WA 9W8 NONCOMPLIANCE # F- I (SO) 05-7373 1-0410111,0111 Certificate of Occupancy Permit Number.- BLD-12-0291 This cerfiRcate issued pursuant to the requirements of the International Building Code Certng that at time of issuance this stnjctur�; was in compliance with the various Ordinances of the City regulating building construction or use. For the following: *04 on 9 t Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS Chapter 15.05 .fl .0 Purpose. ............ ................ 1111- ................ ............... under YMC Chapter 15. 10, (Ord. 2008-46 § I (part), 2008. Ord. 2947 § 1 (part), 1986), Page I of 11 15.05.020 Site design requirements and standards. .......... ................... . .. - ............ A, Table of Site Design Standards and Subdivision Requirements. The provisions of this chapter and th,; Is - 1 0 1 - in, iiiiiii B. Development on Nonconforming Lots. Development on nonconforming lots is governed by this section and YMC I Exce t as limited by this title, i:::,iiii iiiii, 1-. $1041111 a i. Detached single-family dwellings erected on nonconforming lots must meet the following criteria: b. The lot has at least twenty feet of frontage on, or a minimum twenty-foot-wide access easement to, a public or private road; c. All other site design and development criteria other than the lot size requirements of Table 5-2 are met, 2. Zero lot line, common wall, or duplex development may be permitted on such lots in the R-2, R-3 and B-1 districts only if the conditions of subsection (13)(1) of this section are met. 3. Multifamily development may be permitted in the R-2, R-3. B-1, CBD and GC districts only if the criteria of subsection (B)(1) • this section are met. ,C Zero lot line, common wall, duplex or multifamily development is not allowed on such lots in the SR NINE a-md 2-1 zoTas Li-iJess--i iiii,�illi�llowas 0 mms no Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS Page 2 of I I 1. Residential Accessory Structures Requiring a Building Permit. The minimum setback for residential accessory structures in the residential districts shall be at least five feet from the side ymtertbli from the rear property line, and up to, but not wn, the required front yard setback; provided, a tht the -1a accessory structure(s) shall not encroach on a public easement and applicable street setbacks are obseved. 2. Residential Accessory Structures Not Requiring a Building Permit. The minimum setback for a residential accessory structure in a residential dist(ict shall be at least five feet from all side and rear property lines, existing, structures, and un-to, but not within the reguJrwd–%wP4.V-. the accessory structure shall not encroach on an easement, G. Fences and Walls—Standard Height. The following provisions shall govern the location and height of fences and walls: 1. In the front yard: fences and walls may be placed on or behind the property line. However, no fence or wall shall exceed four feet in height within the required front yard setback area. In residential districts, six feet shall be the maximum height in the front yard behind the required setback. See Figure 5-1, Typical Residential Fence Location. In commercial and industrial districts vhL the front yard behind the required setback, 2. In the side yard and street side yard: fences and walls may be placed on or behind the property line. in residential districts, six feet shall be the maximum height, provided, that no six-foot street side yard fence shall extend past the front corner of the dwelling into the front yard or be located within the clear view triangle. See Figure 5-1, Typical Residential Fence Location. In the commercial and industrial districts, eight feet shall be the maximum height. Chapter 15.05 SITE DESIUN AND IMPROVEMENT STANDARDS Page 3 of I I fence height in the commercial and industrial districts. k. 71-ithin the clear view triangle no fence, hedge or wall, exceeding two and one-half feet in height, shall be placed in the clear view triangles established in YMC 15,05,040, Ili I 111011MI111:11! ":!I!!:!Iill 11111 1 1 1 11 1 Mmm� 6. Fence height in combination with a retaining wall: no combination of a fence and retaining wall she exceed a ej t of ten feet, measured from the lower elevation except existing retaining walls at the til 1. Recreational Screen. A recreational screen is a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area. Such uses are typically associated with schools, parks, golf courses, swimming pools, ballfields, and playgrounds, The specific standard for screen height in Table 5-1 does not apply to recreational screening as established by this title. The height and materials for ........... Chapter 12.05 SIDEWALKS Page I of 2 I - • - I MICIAE Q ions: 12,9-5—.010 Sidewalk installation required. 12.05.020 Sidewalk location, thickness and width. 12.05-030 Obstructions. 12.05.040 Design approval and adjustment. A. Residential streets 5 feet B. Arterial and collector streets 7 feet C. Central business district streets 12 feet ff such as planter strip. (Ord, 2001-13 § 24, 2001: Ord. 9Z8-64 § 1 (part), 1998). 12.05.040 Design approval and adjustment The design of sidewalks and appurtenances is subject to approval of the city engineer. The city engneer mg, in cooperation with the streets man adiust Qu alordi Is W-411#1MU-M 4141ij�� . . . . . . . . . . . ........... ........ ....... ..... . . . . . . . . . . . . . . . . . . . . ....... . . . . . . . . . . . . ..... ..... . . . . . . . . ... .... ....... . . . . . . . . . . . ........ ........ ....... ...... . . . . . ......... ....... ............... . . . . . . . . . . . . . . . . . . ... . ................. l,ittp:/ilww-w.codepublisL'Iing-com/WANakima/'Yakimal2/Yakimal2O5.htmI 3/29/2013 Cb-pter 12.05 SIDEWALKS Page 2 of 2 .... .... .... ................. ........................... .... ........ [?,ittp://w-ww.codepublishing.com/WA/Yakima/Yakimal2/Yakimal2O5.html 3/29/201-3 Chapter 15.12 PERMITS E= iw%-, 15,12,010 Purpose. 15.12.020 Required permits, Page I of 7 15,12.010 Purpose. ............. The purpose of this chapter is to specify the general requirements for permits under this title and to specify certain administrative provisions concerning permits issued under this title. (Ord. 2008-46 § 1 (part), 2008: Ord. C. Exemptions. The following developments and modifications to developments are exempt from the review and permit provisions of this title; provided, they do not involve a required site improvement: 2. Changes to conforming structures that do not involve structural alterations as that term is defined by this title; le, RIO- 4. Accessory structures otherwise meeting the specific development standards and requirements of this Chapter 15.1 `2 FERMITS Page 2 of 7 D. Development Permit—Issuance in Conjunction with Another Permit. If the administrative official is iesignated and/or authorized to review and issue a permit under the provisions of any other city code or *rdinance aqQlicable to the develonment he/she to be issued only in conjunction with that other permit. (Ord. 2008-46 § 1 (part), 2008: Ord, 2005-81 § 5, 2005: Ord. 3106 § 24, 1988; Ord. 3019 § 44, 1987; Ord. 2947 § 1 (part), 1986). MEN Elifil 51RTI Chapter 15.12 PERMITS B. For Type (1) Approvals. The administrative official shall maintain an official public record of development F-.IWZ e required as a condition ot approval tor ail Type 2 and review applications, The final site plan shall include the items shown on the original site plan and the additions and modifications required by the administrative officiaL 15.12.060 Expiration and cancellation of development permits and certificates of zoning review. ............. ............ .................. A. Certificate of Zoning Review—Expiration. A certificate of zoning review shall automatically expire and terminate when: 2. A development permit based on the certificate of zoning review has not been issued within one year from the date of issuance of the certificate; or a time period of not less than one year specified by the .?dministrative official; or 3. The development permit issued on said certificate expires, terminates or is cancelled under the provisions of this title. The department shall take steps to cancel any expired certificate of zoning review and note such expiration or cancellation in the official index of approvals, The department shall mail written notice of cancellation to the ]as) known address of the applicant and to the owner of record as shown in the Yakima County assessor's parcel index, Failure to provide such notice shall not affect the termination or expiration of the certificate, Development Permit and Building Permit Expiration. A development permit shall automatically expire and *e terminated when: 1, A new or modified development permit is issued for the parcel or parcels affected; or DOC. Chapter 1-'). 12 Ft IS Page 4 of 7 2, The work or action authorized in the development permit has not begun within one hundred eighty days from the date of issuance thereof® unless a longer time is specified in the approval itself; or 3. The work or action authorized in the development permit has not been completed within two years from the date of issuance thereof, unless a longer time is specified in the approval itself lnff!Tfis - ■� 2. Approve the extension with conditions to assure the work will be timely completed; or fSTVI—bi - - - - - — gITI-a Wuse only and the burden or showng cause shall be upon the applicant, The administrative official shall mail his decision to the applicant and shall specify his decision as final unless appealed under the provisions of YMC Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 48, 1993; Ord. 3019 §§ 46, 47� 1987', Ord. 2947 § 1 (part), 1986). D, Temporary Occupancy Prior to Completion. The administrative official may authorize temporary occupancy of development prior to the issuance of a reguired certificate of oI an2t when. ut,,on caQuest he finds %7.&1 the following conditions are met: 2 It is reasonably certain that the applicant will be able to complete the improvements within a reasonable amount of time; 3. Delaying completion of the improvements until after occupancy will not be materially detrimental to cosed develonryient the health - j:gL*j i -% I i r, I MuM.TiTo a * - improvements associatea With the developmen aid 15.12.080 Performance assurance. ............. - ........... A. Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of under this title are actually and properly complied with and implemented in a timely fashion. I!Ilill!lilllllill 11:1!1!1111!!Iillllllllill 111111glimplip Mffl�- � C. Forms of Security, The applicant may provide security in the form of one or more of the following: 3, A deed of trust1mortgage on the subject property or other property; Chapter 15.12 PERMITS Page 6 of 7 reNWAIUM-MYTI TrtffjUfr1 shall notify the applicant in writing, stating: 11 1 1111 � III I 1! 1!! 1! 1 1 1 1 1 1 IM 11 1 11 1 1 1 1 1 1 MAIKM77�-WIMIMU if I A If the corrective action is not taken by the applicant or permit holder within the time specified in the notice given by the administrative official, the city1county shall, through its representatives, take whatever action that the city/county deems necessary. In addition, the city shall perform or complete the items covered by the security funds shall be refunded to the applicant. E. Bonds. The following provisions shall apply to bonds provided as security under this section. The bond or other security shall be in an amount and with such surety and conditions satisfactory to the administrative official, F. Deeds of Trust. Security provided in the form of deeds of trust shall comply with the following provisions. Deeds of trust shall be recorded, the cost of which will be borne by the applicant If the improvements or nerformance secured bv the deed of trust are nieted, the administrative official shall no-' i-021 in w6ting, stating* Chapter 15.12 PERMITS Page 7 of 7 b, Institute foreclosure action on the face amount of the deed of trust in any manner allowed by law. G. Partial Releases, An applicant may request a partial release of any security provided under this section based on nartial completion or compliance with the events secured. If the administrative official deter . .1 partial release is warranted, he may cause a partial release of security in an amount deemed by him Zo lbe appropriate. H. Applicant and Permit Holder Responsible for Deficiencies. The applicant and/or permit holder is responsible 1. Administration. The administrative official is authorized to sign documents and otherwise administer securities under the provisions of this section. (Ord. 2008-46 F4 1 ftrart), 2008: Ord. 3019 �$ 48. 1987, Ord- 2947 ■}`! Click here to view recent] enacted ordinances not at codified (hilp:/fwww.yakiniawa.gov/council/archived-agenda-rninutesl) City Website: http://www.yakimawa.gDvl (http://www.yakimawa.gov1 City Telephone, (509) 575-6037 DOC. INDEX is 1 *41 6811 If N K•�� ....................................... Chapter 8.76 SIDEWALK RFPA1R M - P"111111ATM, 9 61774tro M, 8.76.020 Definitions. ............. ...... ...... As used in this chapter, unless a different meaning clearly appears from the context, the following words shall M� M 1. "Sidewalk' means any and all structures or forms of street improvement included in the space betwe the street margin and the roadway'. provided, the sidewalk constructfon, reconstruction or repair for which on a corner, which sidewalk portion lies between the extenslons of the property lines which form such comer, I 2. "Street' means and includes boulevard, street, alley, mall and other public square or public place. (Ord. 1704 § I (part), 1974). DOC. INDEX F h4:/,Iwww.codepubli shin g.con-i/WA/Yakima/htr-."/YakirtlaO8/YakimaO876.htmI —7/1 13 Chapter 8.76 SMEWALK REPAIR Page 2 of 4 from the sidewalk and right-of-way areas as described heretofore) being dumped, deposited or discharged onto any other part of the city streets or rights-of-way. way pursuant to the duties created above, A violation of this section shall be a civil infraction subject to a maximum penalty of two hundred fifty dollars per violation. Each day in which any violation shall continue shall be deemed a separate offense. (Ord. 2005-71 20M) 8.76.030 Sidewalk construction. ............. .......... ............ . ... Whenever a portion, not longer than one block in length, of any street in the city of Yakima is not improved by the construction of a sidewalk thereon, and when a sidewalk in good repair does then exist on the street adjacent to both ends of such unimoroved portion then a portion with the cost of such construction to be borne by the owners of abutting property pursuant to and in accordance with provisions of this chapter, (Ord. 1704 § 1 (part), 1974)� 8.76.040 Sidewalk reconstruction or repair. .......... ............. Whenever a sortion, not lonler than one block in len��,th . of anp street in the which has become unfit or unsafe for purposes of public travel as determined by the director of public works, such reconstruction or repair, or a portion thereof, to be borne by the owners of abutting property pursuant to and in accordance with provisions of this chapter. (Ord. 2005-72 4 1, 2005: Ord. 1832 4 1. 1975: Ord. 1704 6 1 8.76.050 Determination of necessity. ...................... .......... A. Construction, The director of public works may find that the improvement of a portion of a street by the construction of a sidewalk thereon, as contemplated by YMC 8 76-030 is necessary for the public safety and convenience. The duty, burden and expense of constructing such sidewalk shall devolve upon the property B. Reconstruction or Repair. The director of public works may determine that a portion of a sidewalk has become unfit or unsafe for purposes of public travel, as contemplated by YMC B-ZQ.040, and may further find that the reconstruction or repair of such sidewalk portion is necessary for the public safety and convenience. Upon the director of public works making such a determination, the duty, burden and expense of reconstruction or repair of such sidewalk portion shall devolve upon the property directly abutting upon such portion of the sidewalk to be reconstructed or repaired upon the giving of notice as provided by YMC 8.76.060, provided, in the sidewalk due to its age and the owner performs the work in accordance with the notice to be given, the owner shall bear the full cost of such work, but that in the event the work is performed by the city, the owner will be assessed, and be required to pay, for only a portion of the cost thereof as may be determined by the director of public works. (Ord. 2005-72 § 2, 2005: Ord, 1832 § 2, 1975; Ord, 1704 § 1 (part), 1974), INDEX # Chapter 8.76 SIDEWALK RFFAIR Page 3 of 4 B. Contents of Notice. The notice shall specify the legal description and street address of the property involved and shall provide a reasonable time within which such construction, reconstruction or repair shall be made. The notice shall also include a statement to the effect that in the event the owner fails to perform the construction, reconstruction or repair work within the time specified, further action will be taken by the city to correct the condition. 8.76.070 Work by city—Assessment and collection of costs. ............ Upon the expiration of the time fixed within which the owner is required to construct, reconstruct or repair the sidewalk portion, as specified in the notice provided by YMC 8 76,060, if the owner has failed to perform such work, the city may proceed to perform the work by city forces or cause the work to be performed by an independent contractor. In such event, the city engineer shall, within the time fixed in the notice, report to th ' council an assessment roll showing the lot or parcel of land directly abutting on that portion of the street or b6cm INDEX # F-j----- http://www.codepublishing.com/WA/YakimatTitrfi'l/'I'akimaO8/Yakima0876.1-itmi 4110/2013 Chapter 8./0 SIL)hWALK RFPAIR Me City Website: http:/Iwww.yakimawa.gov/ (h1tp:1Awm,yaklmawa.gov! City Telephone: (509) 575-6037 DOC. INDEXY- I mqg