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HomeMy WebLinkAboutJ_Modification_v1Justification for Modification of 4-4-080 I.3.b. for: 4119 SE 4th PL Renton WA 98059 Summary of request: allow existing driveway to remain unmodified as an existing non-conforming but legal structure. Reducing the width of the driveway would incur significant cost due to the location of the water meter in the driveway. Additionally, the change to the driveway would leave it notably visually different from the other driveways in the area, potentially reducing the property value of the home. Per the modification requirements: Please submit a written statement addressing and justifying how the modification request complies with each of the following issues to be considered by the Administrator: a) Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; According to the updated code, a driveway for a single family home with a single-load driveway shall not exceed 9 feet (9’) maximum at the right-of-way. My home, constructed in the 1980’s has a wider driveway which does not meet this code, but in order to build a workshop in the backyard (which qualifies as a new structure), the law as written would require removing a notable portion of the driveway, and reestablishing a new curb. Bringing the driveway within that 9’ width would also require relocating the water meter or excavating around it, as it is at the edge of the driveway. Additionally, the code states that the driveway must be set back five feet (5’) from the property line. A portion of the existing driveway is within that range, but this is in keeping with the design of many of the driveways in the neighborhood. Reducing the size of the driveway to set it back 5’ from the property line would require removing functional portions of the driveway, reducing its use, and forcing us to use street parking for one of our vehicles. As it exists today, the driveway is approximately 15 feet wide – still within the bounds of a double-load garage. The home’s garage is an oversized single-load. The request is to simply leave the driveway as-is. The workshop construction is unrelated to the driveway, and will not be used as a garage. Additionally, the code b) Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment. The existing driveway is flat, unobtrusive, and in keeping with the existing style of the neighborhood. The only violation of code that it currently faces is that it is wider than code allows for new driveways and too near the property line, but this was not the code when the home was constructed. There is still significantly less impervious surface on the property than required for related codes for environmental protection. Leaving the driveway as-is will have less environmental impact than cutting up and replacing parts of the driveway. It poses no safety risk to our, or neighboring properties. c) Will not be injurious to other property(ies) in the vicinity; The request is to leave the driveway as it was constructed. This is in keeping with the neighborhood aesthetic, and matches the surrounding homes. d) Conforms to the intent and purpose of the Code; The intention of this code is clear, to reduce unnecessary paved areas to be used as driveways – however I do not believe it is the intent or the spirit of this code to force homeowners to remove sections of existing driveway for unrelated home projects. This workshop will not be used as a garage (hence why there is no garage door to be installed – only a French door), will not be attached to this driveway, and should not impact its usage. The driveway as it exists today is an appropriate width for a single family home with 2 vehicles to allow both to enter and exit the driveway individually. e) Can be shown to be justified and required for the use and situation intended Enforcing this section of the building code would require significant investment in both time and resources to remove sections of the driveway, re-fill and re-vegetate the uncovered sections, and repair the modified curb at the street. This would also possibly require excavating the existing water meter, as it is located within the non-conforming section of the driveway. f) Will not create adverse impacts to other property(ies) in the vicinity If anything, reducing the width of the driveway would be what impacts nearby properties. It would mean there is less parking available – increasing the need for people to park on the street, and would require rebuilding a new curb which will stand out as new concrete compared to the rest of the neighboring curb.