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HomeMy WebLinkAboutD_RockeyDrivewayMod_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map A. ADMINISTRATIVE MODIFICATION REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: January 9, 2023 Project File Number: PR22-000001 Project Name: Rockey Driveway Modification Land Use File Number: LUA22-000421, MOD Project Manager: Andrew Van Gordon, Associate Planner Owner: Taylor Rockey, 4119 SE 4th Pl, Renton, WA 98059 Applicant/Contact: Taylor Rockey, 4119 SE 4th Pl, Renton, WA 98059 Project Location: 4119 SE 4th Pl Project Summary: The applicant is requesting a modification related to a proposed 24-foot by 28-foot (24’ x 28’) detached accessory building located at 4119 SE 4th Pl (Parcel number 3211100670). The applicant is requesting a modification to the development regulations related to the driveway separation from a side property line (RMC 4-4- 080I2biii) and maximum driveway width (RMC 4-4-080I3b). The applicant has requested to retain the existing driveway, which is closer than five feet (5’) to the subject property’s northern property line and greater than nine feet (9’) in width, as- is. The subject property is 12,273 square feet and is located within the Residential-6 (R-6) zoning classification and Residential Medium Density Comprehensive Plan land use designation. Per COR Maps critical areas are not present on the site. Site Area: 0.28 acre (12,273 square feet) DocuSign Envelope ID: 6FF7C922-3796-4765-9DA0-D28291F029DD City of Renton Department of Community & Economic Development Rockey Driveway Modification Administrative Modification Report & Decision LUA22-000421, MOD Report of January 9, 2023 Page 2 of 5 B. EXHIBITS: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Justification Exhibit 3: Site Plan C. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on December 20, 2022, and determined the application complete on December 20, 2022. 2. The applicant’s submittal materials comply with the requirements necessary to process the modification request. 3. The project site is located at 4119 SE 4th Pl. 4. The project site is currently developed with an existing single-family residence. 5. Access to the site would continue to be provided via an existing residential driveway extending from SE 4th Pl. 6. The property is located within the Residential Medium Density Comprehensive Plan land use designation. 7. The site is located within the Residential-6 (R-6) zoning classification. 8. There are approximately 14 significant trees located on-site. No trees are proposed for removal. 9. The applicant is proposing to begin construction following land use and building permit approval. 10. Driveway Modification Analysis: The applicant is proposing to construct a 24-foot by 28-foot (24’ x 28’) detached accessory building behind the existing detached dwelling. Requirements in RMC 4-4-080, Parking, Loading and Driveway Regulations are triggered when construction of a new building or structure is proposed. As the applicant is proposing a new building, they are required to bring the site into conformance with the current regulations. The existing detached dwelling includes an attached single- loaded garage with an associated driveway that is approximately 18 feet in width at the right-of-way and approximately one foot (1’) from the northern property line. The applicant is requesting a modification from RMC 4-4-080I2biii to retain the existing driveway which is adjacent to the northern property line onto SE 4th Pl. The code citation from above states, “Driveways shall not be closer than five feet (5') to any property line (except as allowed under subsection I9 of this Section, Joint Use Driveways).” The applicant is also requesting a modification from RMC 4-4-080I3b. The code citation from above states, “The maximum width of single loaded garage driveways shall not exceed nine feet (9’) and double loaded garage driveways shall not exceed 16 feet (16’). If a garage is not present on the subject property the maximum width of a driveway shall be 16 feet (16’). The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250; therefore, staff is recommending approval of the requested modification. Compliance Modification Criteria and Analysis ✓ 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; DocuSign Envelope ID: 6FF7C922-3796-4765-9DA0-D28291F029DD City of Renton Department of Community & Economic Development Rockey Driveway Modification Administrative Modification Report & Decision LUA22-000421, MOD Report of January 9, 2023 Page 3 of 5 Staff Comment: The applicant contends that revising the driveway would remove functional portions of the drive and reduce its use. New curbing and relocating of the existing water meter would be required. Retaining the driveway as -is would meet this requirement. (Exhibit 2) Staff concurs that the proposed modification implements the policy direction of the Comprehensive Plan and is the minimum adjustment necessary. Per the site plan the driveway is approximately 18 feet (18’) in width at the right-of-way and approximately one foot (1’) from the northern property line. (Exhibit 3). The proposed building is not a garage, nor is the applicant proposing to extend the driveway to the proposed building. Further, they will not install garage doors but rather French-doors. While applicability requirements in RMC 4-4-080, Parking, Loading and Driveway Regulations are triggered by the construction of new buildings, the driveway is not being utilized for access to the new detached accessory building. The modification is consistent with Land Use Element Policies L-47 and L-48, which promote change and infill development in a manner that enhances livability and quality of life. Requiring the applicant to bring the driveway up to current code, which would involve relocating the existing w ater meter and revising the existing street curb, is out of scale and context with the requested project. ✓ b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; Staff Comment: The applicant contends that the existing driveway is flat, unobtrusive and in-line with the existing style of their neighborhood. The applicant also states that it poses no risk to their or the neighbors’ safety, and the lot will remain under maximum impervious surface requirements for the zone. Staff concurs the proposed modification would meet the objectives of safety, appearance, environmental protection, and maintainability intended by code requirements. The applicant’s dwelling, like many in the generally vicinity, was built in the 1980s. The corresponding driveways, like the applicant’s, are also generally wider and closer to the property line than current standards would permit. The property would also stay under the impervious surface maximum allowance with retention of the driveway as-is. Further, the driveway appears to be well maintained and is functionally level. Staff was unable to identify issues, such as a steep grade, that w ould hinder maintainability. Therefore, staff finds that the modification criteria is being met by retaining the existing driveway as-is. ✓ c. Will not create substantial adverse impacts to other property(ies) in the vicinity; Staff Comment: The applicant contends that the proposed modification will not have adverse impacts on neighboring properties or the City as a whole. The applicant further states that the driveway has not had an issue functioning since it was constructed. Staff concurs the modification will not be injurious to other properties in the vicinity. The existing width and five (5)-foot encroachment into the five (5)-foot separation requirement for the driveway location is nominal and would not impact surrounding properties. ✓ d. Conforms to the intent and purpose of the Code; and Staff Comment: See comments under criterion ‘b’. ✓ e. Can be shown to be justified and required for the use and situation intended. DocuSign Envelope ID: 6FF7C922-3796-4765-9DA0-D28291F029DD City of Renton Department of Community & Economic Development Rockey Driveway Modification Administrative Modification Report & Decision LUA22-000421, MOD Report of January 9, 2023 Page 4 of 5 D. DECISION: The proposed driveway modification satisfies 5 of the 5 criteria listed in RMC 4-9-250 for approval of modifications. Therefore, the Rockey Driveway Modification, File No. LUA22-000421, MOD, is approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Vanessa Dolbee, Planning Director Date TRANSMITTED on January 9, 2023 to the Owner/Applicant/Contact: Owner/Applicant/Contact: Taylor Rockey 4119 SE 4th Pl Renton, WA 98-59 TRANSMITTED on January 9, 2023 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Director Gina Estep, Economic Development Director Matt Herrera, Current Planning Manager Anjela Barton, Fire Marshal E. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on January 23, 2023. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. EXPIRATION: The Modification decision will expire two (2) years from the date of decision. A single one (1)-year extension may be requested pursuant to RMC 4-9-250. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the Staff Comment: See comments under criterion ‘a’ and ‘b’. DocuSign Envelope ID: 6FF7C922-3796-4765-9DA0-D28291F029DD 1/9/2023 | 9:57 AM PST City of Renton Department of Community & Economic Development Rockey Driveway Modification Administrative Modification Report & Decision LUA22-000421, MOD Report of January 9, 2023 Page 5 of 5 reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. DocuSign Envelope ID: 6FF7C922-3796-4765-9DA0-D28291F029DD CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION REPORT & DECISION EXHIBITS Project Name: Rockey Driveway Modification Land Use File Number: LUA22-000421, MOD Date of Report January 9, 2023 Staff Contact Andrew Van Gordon Associate Planner Project Contact/Applicant Taylor Rockey 4119 SE 4th Pl, Renton, WA 98059 Project Location 4119 SE 4th Pl The following exhibits are included with the Administrative Modification Report: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Justification Exhibit 3: Site Plan DocuSign Envelope ID: 6FF7C922-3796-4765-9DA0-D28291F029DD