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Home My WebLink AboutD_SoperDrivewayMod_FinalDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_SoperDrivewayMod_Final A.ADMINISTRATIVE MODIFICATION REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: February 16, 2023 Project File Number: PR22-000289 Soper Addition Project Name: Soper Driveway Modification Land Use File Number: LUA23-000027, MOD Project Manager: Andrew Van Gordon, Associate Planner Owner/Applicant/Contact: Jeffery and Nicole Soper, 1050 Hoquiam Ave, Renton, WA 98059 Project Location: 1050 Hoquiam Ave NE Project Summary: The applicant is requesting a modification related to a proposed expansion of the existing detached dwelling located at 1050 Hoquiam Ave NE (Parcel number 1137400280). The applicant is requesting a modification to the development regulations related to the minimum angle between any driveway and the street roadway or curb line (RMC 4-4-080I5). The applicant has requested to retain the existing driveway, which has an angle less than 45 degrees, as-is. The subject property is 16,581 square feet and is located within the Residential-8 (R-8) zoning classification and Residential Medium Density Comprehensive Plan land use designation. Per COR Maps critical areas are not present on the site. Site Area: 0.38 acre (16,581 square feet) Project Location DocuSign Envelope ID: 85F2135C-9703-4DFE-8D66-077CE9DF33A1 City of Renton Department of Community & Economic Development Soper Driveway Modification Administrative Modification Report & Decision LUA23-000027, MOD Report of February 16, 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 January 20, 2023, and determined the application complete on January 31, 2023. 2.The applicant’s submittal materials comply with the requirements necessary to process the modification request. 3.The project site is located at 1050 Hoquiam Ave NE. 4.The project site is currently developed with an existing detached dwelling. 5.Access to the site would continue to be provided via an existing residential driveway extending from Hoquiam Ave NE. 6.The property is located within the Residential Medium Density Comprehensive Plan land use designation. 7.The site is located within the Residential-8 (R-8) zoning classification. 8.The applicant is proposing to begin construction following land use and building permit approval. 9.Driveway Modification Analysis: The applicant is proposing to construct a 1,012-square foot second story addition to the existing detached dwelling with a 74 square foot covered porch. Requirements in RMC 4- 4-080, Parking, Loading and Driveway Regulations are triggered when an enlargement by more than one- third (1/3) of the area of the existing building occurs. As the applicant is proposing an expansion of 75% of the dwelling, they are required to bring the site into conformance with the current regulations. The existing detached dwelling includes a detached double - loaded garage with an associated driveway that has an angle less than 45 degrees. The applicant is requesting a modification from RMC 4-4-080I5 to retain the existing driveway as-is. The code citation from above states, “The angle between any driveway and the street roadway or curb line shall not be less than forty-five degrees (45°).” 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; Staff Comment: The applicant contends that revising the driveway would remove functional portions of the drive and reduce its use. Revision to existing on-site stormwater drainage located within the impacted driveway area would be required. Retaining the driveway as-is would meet this requirement. (Exhibit 2) DocuSign Envelope ID: 85F2135C-9703-4DFE-8D66-077CE9DF33A1 City of Renton Department of Community & Economic Development Soper Driveway Modification Administrative Modification Report & Decision LUA23-000027, MOD Report of February 16, 2023 Page 3 of 5 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 enters the property from Hoquiam Ave NE at a 90-degree angle then after approximately eight and a half feet (8.5’) of length turns and become parallel to Hoquiam Ave NE (Exhibit 3). The proposed expansion does not propose to revise the existing on-site driveway, nor does it propose to expand the garage which would necessitate revisions to the driveway. Additionally, revision of the existing on-site stormwater drainage system is not specifically required as part of the expansion. While applicability requirements in RMC 4-4-080, Parking, Loading and Driveway Regulations are triggered by the expansion, the intensity of the use as a detached dwelling is not changing. 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 redesigning the existing on-site stormwater drainage system 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 safe, functional, aesthetically attractive, on private property and is not used as a parking lot. The applicant also states that it would negatively impact the aesthetics of the property and potentially become damaging to the property and community if major storm drainage work is required. Staff concurs the proposed modification would meet the objectives of safety, appearance, environmental protection, and maintainability intended by code requirements. The applicant’s dwelling was built in the 1960s. Most neighboring dwellings were built in the mid to late 2000s. The corresponding driveways, like the applicants’, were built before current driveway standards and, like the applicants’ driveway, many are not in line with existing regulations. 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 functional. Staff was unable to identify issues, such as a steep grade, that would 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 is currently functioning as intended. Staff concurs the modification will not be injurious to other properties in the vicinity. The existing angle of the driveway 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. Staff Comment: See comments under criteria ‘a’ and ‘b’. DocuSign Envelope ID: 85F2135C-9703-4DFE-8D66-077CE9DF33A1 City of Renton Department of Community & Economic Development Soper Driveway Modification Administrative Modification Report & Decision LUA23-000027, MOD Report of February 16, 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 Soper Driveway Modification, File No. LUA23-000027, MOD, is approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Date Vanessa Dolbee, Planning Director TRANSMITTED on February 16, 2023 to the Owner/Applicant/Contact: Owner/Applicant/Contact: Jeffrey and Nicole Soper 1050 Hoquiam Ave NE Renton, WA 98059 TRANSMITTED on February 16, 2023 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Director Nathan Janders, Acting Development Engineering Manager 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 March 2, 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 reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will DocuSign Envelope ID: 85F2135C-9703-4DFE-8D66-077CE9DF33A1 2/16/2023 | 8:57 AM PST City of Renton Department of Community & Economic Development Soper Driveway Modification Administrative Modification Report & Decision LUA23-000027, MOD Report of February 16, 2023 Page 5 of 5 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: 85F2135C-9703-4DFE-8D66-077CE9DF33A1 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION REPORT & DECISION EXHIBITS Project Name: Soper Driveway Modification Land Use File Number: LUA23-000027, MOD Date of Report February 16, 2023 Staff Contact Andrew Van Gordon Associate Planner Project Contact/Applicant Jeffery and Nicole Soper 1050 Hoquiam Ave, Renton, WA 98059 Project Location 1050 Hoquiam Ave NE 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: 85F2135C-9703-4DFE-8D66-077CE9DF33A1