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HomeMy WebLinkAboutD_Modification_Decision_Jung_Residence_230209_v2_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Modification Decision_Jung Residence_230209_v1_FINAL A. ADMINISTRATIVE MODIFICATION REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: February 9, 2023 Project File Number: PR21-000421 Project Name: Jung Modification Land Use File Number: LUA23-000007, MOD Project Manager: Alex Morganroth, Senior Planner Owner/Applicant/Contact: Kevin Singh, Signature GCI, 1302 N 30th St, Renton, WA 98056 Project Location: 1008 N 28th Pl (APN 3342100940) Project Summary: The applicant is requesting a modification from RMC 4-4-080 Parking, Loading and Driveway regulations in order to allow for a proposed home at 1008 N 28th Pl (APN 3342100940) to utilize N 28th Pl for vehicular access instead of the alley ROW at the rear of the property. The site is 5,100 sq. ft. (0.12 acres) in size, located in the Residential- 8 du/ac (R-8) zone, and has a Comprehensive Plan Land Use Designation of Residential Medium Density (MD). Per RMC 4-4- 080.F.7, for lots in the R-6 and R-8 zone abutting an alley ROW, all parking areas and garages shall be located at the rear side of the building and vehicular access shall be taken from the alley. The applicant contends that they should not be required to utilize the unimproved alley for access due to the parcels location near the middle of the block. In addition, the applicant has proposed a detached Accessory Dwelling Unit (ADU) in the rear yard as part of the project. The applicant contends that construction of the ADU, which would help further the City’s goal of increasing housing options, makes alley access prohibitive due to impacts to the usable rear space should rear-loading be required. According to COR Maps, the site is in the Wellhead Protection Area Zone 2 and contains regulated slopes. Site Area: 0.12 acres DocuSign Envelope ID: 5D813B9A-F63A-4F72-AA64-34346CA5BECB City of Renton Department of Community & Economic Development Jung Modification Administrative Modification Report & Decision LUA23-000007, MOD Report of February 9, 2023 Page 2 of 5 D_Modification Decision_Jung Residence_230209_v2_FINAL B. EXHIBITS: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Justification Exhibit 3: Site Plan C. PROJECT DESCRIPTION/BACKGROUND The applicant intends to construct one new single-family home and one ADU on the lot. The lot is adjacent to an existing unimproved alley ROW. D. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on January 25, 2023 and determined the application complete on the same day. The project complies with the 120- day review period. 2. The applicant’s submittal materials comply with the requirements necessary to process the modification request (Exbibits 2 and 3) 3. The project site is located at 1008 N 28th Pl (APN 3342100940). 4. The project site is currently vacant. 5. Access to the site would be provided via N 28th Pl. 6. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use designation. 7. The site is located within the Residential-8 du/ac (R-8) zoning classification. 8. There are approximately five (5) trees located on-site. The applicant did not propose the removal of any trees as part of the modification applicatoin. 9. The site is mapped with a Wellhead Protection Area Zone 2 and protected slopes. 10. The applicant is proposing to begin construction in spring of 2023 and end in winter of 2023. 11. Modification Analysis: The applicant is requesting a modification from RMC 4-4-080F.7.b in order to allow a proposed single-family home with alley ROW access to orient the garages towards N 28th Pl and to allow vehicular access from N 28th Pl. The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250D.2. Therefore, staff is recommending approval of the requested modification if all conditions of approval are met. Compliance Modification Criteria and Analysis Compliant if condition of approval is met 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. Staff Comment: The purpose of requiring alley-oriented garages and vehicular alley access in the R-6 and R-8 zones is to improve pedestrian safety, reduce the visual impact of garages on the street-scape, and increase the amount of green and pervious surfaces in the front yard setback area. In order to increase the variety of housing options for DocuSign Envelope ID: 5D813B9A-F63A-4F72-AA64-34346CA5BECB City of Renton Department of Community & Economic Development Jung Modification Administrative Modification Report & Decision LUA23-000007, MOD Report of February 9, 2023 Page 3 of 5 D_Modification Decision_Jung Residence_230209_v2_FINAL existing and future residents, the City has developed and implemented multiple policies intended to encourage the creation of detached accessory dwelling units (ADU). ADUs can create additional density in neighborhoods without significant visual impacts to the built environment and can be a source of both affordable housing for renters and housing stability for homeowners. They’ve been identified as an important tool in the City’s goal of creating housing variety as identified in the Comprehensive Plan Housing Element. The creation of ADUs also furthers goals and policies in the Comprehensive Plan Land Use Element including Policy L-48, ‘Address privacy and quality of life for existing residents by considering scale and context in infill project design, Policy L-47 ‘Accommodate change in a way that maintains Renton’s livability and natural beauty.’, and Policy L-3, ‘Encourage infill development of single-family units as a means to meet growth targets and provide new housing.’ Due to the average dimensions of lots in the subject neighborhood, which are typically between 5,000 and 6,000 sq. ft. with widths between 50 and 60 feet, constructing an ADU in the rear yard between the primary home and alley ROW (if applicable) often precludes the ability to provide both alley access to the primary home while providing a usable backyard space. In the case of the applicant’s lot, which has a maximum width of 50 feet, the construction of the proposed 240 sq. ft. ADU reduces usable area of the rear yard by approximately half. The applicant contends that the addition of a driveway off of the alley would essentially remove all usable backyard space for the future owners if the ADU is constructed. Staff concurs that in neighborhoods with small lots, such a s the applicant’s, rear-loading alley access may not be compatible with the Comprehensive Plans various goals related to increasing the variety and supply of housing. As such, utilizing N 28th Pl for access in order to provide an additional housing unit in the form of an ADU while maintaining the usability of the rear yard for the future owner is consistent with the policy direction in the Comprehensive Plan. In order to ensure the criteria is met, staff recommends, as a condition of approval, the applicant shall submit a complete building permit application for the proposed Accessory Dwelling Unit within sixty (60) days of modification approval and the proposed Accessory Dwelling Unit shall be finaled by the building division concurrently with the primary structure. Alternatively, if the applicant does not construct the ADU, the primary structure shall be redesigned in a manner that would meet the rear -loading requirements in RMC 4-4-080.F.7. Any proposed redesign shall be reviewed and approved by the Current Planning Project Manager prior to submitting a building permit revision. ✓ 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: Staff analysis finds that the proposal would meet the objects identified above as intended by code, as the modification request would allow for a continuation of the predominant vehicular access type in the neighborhood while providing an additional housing unit without substantially altering the character or appearance of the neighborhood. Therefore the proposed modification would meet the objectives of safety, appearance, and function intended by the Code requirements. ✓ c. Will not create adverse impacts to other property(ies) in the vicinity. DocuSign Envelope ID: 5D813B9A-F63A-4F72-AA64-34346CA5BECB City of Renton Department of Community & Economic Development Jung Modification Administrative Modification Report & Decision LUA23-000007, MOD Report of February 9, 2023 Page 4 of 5 D_Modification Decision_Jung Residence_230209_v2_FINAL Staff Comment: The applicant contends that utilizing N 28th Pl for vehicular access and orienting the garage towards the street would not be injurious to the neighboring properties, as the majority of nearby homes currently utilize the street for access. Staff concurs with the applicant that requested modification would not be injurious to other properties in the vicinity due to characteristics of the existing development pattern in the immediate area matching that of the proposed project. ✓ d. Conforms to the intent and purpose of the Code. Staff Comment: See comments under criterion ‘b’. ✓ e. Can be shown to be justified and required for the use and situation intended; Staff Comment: Due to the incompatibility of providing both an ADU and alley -access while retaining a useable rear space on a small lot, approval of the modification to allow access of N 28th Pl is both justified and required for the subject use and situation. E. DECISION: The proposal satisfies all six criteria listed in RMC 4-9-250 for approval of modifications. Therefore, the Jung Modification (MOD), File No. LUA23-000007, MOD, is approved with conditions*. 1. The applicant shall submit a complete building permit application for the proposed Accessory Dwelling Unit within sixty (60) days of modification approval and the proposed Accessory Dwelling Unit shall be finaled by the building division concurrently with the primary structure, or the modification shall be void. Alternatively, if the applicant does not construct the ADU, the primary structure shall be redesigned in a manner that would meet the rear-loading requirements in RMC 4-4-080.F.7. Any proposed redesign shall be reviewed and approved by the Current Planning Project Manager prior to submitting a building permit revision. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Vanessa Dolbee, Planning Director Date TRANSMITTED on February 9, 2023 to the Owner/Applicant/Contact: Owner/Applicant/Contact: Kevin Singh, Signature GCI, 1302 N 30th St, Renton, WA 98056 TRANSMITTED on February 9, 2023 to the Parties of Record: None DocuSign Envelope ID: 5D813B9A-F63A-4F72-AA64-34346CA5BECB for 2/9/2023 | 6:01 PM PST City of Renton Department of Community & Economic Development Jung Modification Administrative Modification Report & Decision LUA23-000007, MOD Report of February 9, 2023 Page 5 of 5 D_Modification Decision_Jung Residence_230209_v2_FINAL TRANSMITTED on February 9, 2023 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Director Amanda Free, Property Services Matt Herrera, Current Planning Manager Anjela Barton, Fire Marshal K. 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 appeale d in writing to the Hearing Examiner on or before 5:00 PM on February 23, 2023. 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 discov erable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the 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: 5D813B9A-F63A-4F72-AA64-34346CA5BECB CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION REPORT & DECISION EXHIBITS Project Name: Jung Modification Land Use File Number: LUA23-000007, MOD Date of Report February 9, 2023 Staff Contact Alex Morganroth Senior Planner Project Contact/Applicant Kevin Singh, Signature GCI, 1302 N 30th St, Renton, WA 98056 Project Location 1008 N 28th Pl (APN 3342100940) The following exhibits are included with the Administrative Modification Report: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Exhibit 3: Site Plan DocuSign Envelope ID: 5D813B9A-F63A-4F72-AA64-34346CA5BECB