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Appellant's Exhibit 52 (as referenced in June 30, 2017 Appellant WPDC Cleveland LLC's Witness and Exhibit List) ---PAGE BREAK--- May 25,2007 Josh Petei son Magellan Architecls 8383 -l58(h AveNE, Ste280 Redmond, WA 98052 SUBJECT: CMU Building - PRE070015 (Pre-Application) Location: 16390 Cleveland St, Redmond, WA (Downtown Redmond) Dear Mr, Peterson: As you know, a Pre-Application meeting was held with City staff for tile CMU Building on 03/08/07. At your request, the City of Redmond Technical Committee reviewed the development issues surrounding the project site at its 03/14/07 meeting. Additional meetings by staff and Tech Committee members were conducted with botli your team and the property owners, as well as with the Redmond City Attorney between March 14"’ and May The project site involves a 2,780sf one-story CMU structure on a 2,871sf site. The structure has no sewer or w'ater connections and was built before the Redmond Community Development Guide (RCDG) was adopted. Because of die current development code, the site is considered legally non-conforming until certain actions are applied to the structure. The established land use is )-etai(^wift no on-sitejiarking. The . I parking is also considered legally non-confonning until certain actions aie applied to the structure (RCDG 2()F. 10,50-070(2)). Comment [jl]: Is this right' Comment [j2]: ] didn't thirik retail .sales eeer occurred in lhat building, ll w’as more of storage support for Ihe retail sales thal occurred across the slreel. The applicable section of the RCDG is 20F.10.50-(I90 Alteration or Expansion of a Nonconformance. Subsection Nonconforming Structures slates: A nonconforming structure may not be expanded or altered in any way so as to increase that noiKonformity. A nonconforming structure shall be brought into full compliance with the Redmond Community Development Guide when alteration or expansion of the structure takes place and the following takes place within any three-year period: The gross floor area of Ihe structure is increased by 100 percent or more: or The costs stated on at! approved building permit applications for the structure equal or exceed the assessed value of the structure at the beginning of that three-year period. Subsection Nonconforming Landscaping and Pedestrian System Area states: A nonconforming land.scaping or pedestrian system area shall be brought into compliance with RCDG 20D.S0. W and 20C.40.105 in accordance with the following: When improvements to the building or parking areas do not exceed $12,000 on any lot in any three-year period, no improvements are required. For improvements to the building or parking area which exceed $12,000 on any lot in a three- year period, the percentage (by value) of Ihe required landscaping or pedestrian .system, to he installed shall he established by dividing the value of the proposed improvement by the assessed value of the existing h! improvements up to 100 percent. Appellant WPDC Cleveland's Exhibit 52 - Page 1 of 2 ---PAGE BREAK--- (tj For the purposes of subsections and of this section, improvements shall not include those Improvements required by the City for health and safety reasons, nor ordinary repair and maintenance. The Technical CommUlee shall have the authority to specify the location and phasing.sequence of the landscaping or pedestrian system improvements which fall under this section. Additionally, the pedestrian system that would require conformance in the downtowm is found in RCDG 20C.40.105 Downtown Pedestrian Systen4 Both Cleveland Street and IM'*'Aye ME are designated as Type V Pedestrian Walkways with sidewalks. This pedestrian improvement would require the developer to push back the existing walls along both street fronts, 20C.40.105-010 Purpose. The Downtown Pedestrian System is a network of pedestrian walkways, vehicular lanes, and small greenbelts. It is established to provide safe pedestrian routes removed from traffic, enhance the appearance of buildings and their settings, provide a unified de.sign element to offset varying architectural styles, and to .soften the appearance of parking lots and service storage areas. Planting is intended to provide street trees and other vegetation appropriate for an urban setting. Where landscaping is required, massing and aggregating of plantings to achieve a strong, positive .statement is encouraged. Use of seasonal color and ease of maintenance are characteristics that should also he considered. (Ord. 1901) 20C.40.J05-020 Installation of Pedestrian System. The various components of the pedestrian system shall be provided as noted on the map entitled "Downtown Pedestrian System" which is incorporated as a part of this section. As property is developed or redeveloped, corresponding portions of the system shall he installed or otherwise provided for by the property owner/developer. The mid-block segments shown, on Ihe map represent desired connections between blocks. In order to provide flexibility, the actual alignment shall be determined through the Site Plan EnlitlemenI process. (Ord. 1901) , ■ Comment [dkaS]: They also need 10 comply with 200.210.204)50, 200.210,20-150, 200.220,20, 12.12 Redmond’s City Attorney has verified that a variance may be legally sought by the applicant in order to seek relief from the “strict application requirements” stated in all of the RCDG sections mentioned above, provided that they are able to meet the decision criteria required by a variance application. The variance application process is separate from the site plan entitlement, or in this case, administrative modification process. The Technical Committee has contemplated the pre-proposal for the C.V1U Building and the implications of the development code as applied to the project site. Tlie applicant team is ‘encoiaaged, to apply for a variance, as is your right. However, the Technical Committee maintains that the planned pedestrian system for downtown Redmond should not be compromised at this time. Comment ti4]*. Is this ‘code’ for we might approve it? If you have any questions, please contact Nathalie Schmidt at or [PHONE REDACTED]. Sincerely, (lAMES L. ROBERTS(,_A.ssistant Director DeparUnent of Planning and Community Development DAVID K. ALMONp^DeyelopmentSeiyices Manager . Comment [jS]: Approved for signature after we Department of Public Works (you, Judd and I) itieel one more time to discuss. Appellant WPDC Cleveland's Exhibit 52 - Page 2 of 2