HomeMy WebLinkAboutD_GilroyVariance_FINALDEPARTMENT OF COMMUNITY
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D_GilroyVariance_FINAL
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: July 25, 2024
Project File Number: PR22-000109
Project Name: Gilroy Addition Variance
Land Use File Number: LUA24-000189, V-A
Project Manager: Andrew Van Gordon, Associate Planner
Owner: Gilroy Real Estate Investments, LLC, 1316 S 10th St, Renton, WA 98057
Applicant/Contact: Amy DeDominicis, AIA, 1916 Jefferson Ave, Tacoma, WA 98402
Project Location: 1318 S 7th St, Renton, WA 98057 (APN 7221400287)
Project Summary: The applicant is requesting approval of an Administrative Variance from the
provisions of the Renton Municipal Code (RMC) regulating secondary front yard
setbacks at 1318 S 7th St (APN 7221400287). The applicant is proposing to reduce
the secondary front yard setback from Grant Ave S for the benefit of an expansion of
the existing detached dwelling. The proposal would: 1) reduce the minimum 15-foot
(15') secondary front yard setback to 11 feet six inches (11' 6") from the foundation
to the east property line, and 2) would allow the roof eave to extend an additional
two feet (2') into the reduced setback. The property is zoned Residential-8 (R-8). Per
City of Renton (COR) Maps the project site is encumbered with High and Moderate
Coalmine Hazard Areas.
Site Area: 0.20 acres
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
City of Renton Department of Community & Economic Development
Gilroy Addition Variance
Administrative Report & Decision
LUA24-000189, V-A
Report of July 25, 2024 Page 2 of 8
D_GilroyVariance_FINAL
B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: Neighborhood Detail Map
Exhibit 4: Main Level Floor Plan
Exhibit 5: Basement Level Floor Plan
Exhibit 6: Exterior Photo #1
Exhibit 7: Variance Request Justification
Exhibit 8: Exterior Photo #2
Exhibit 9: Building and Wall Sections Drawings
Exhibit 10: Exterior Elevations
Exhibit 11: Utilities Plan
Exhibit 12: Geotechnical Report, dated January 23, 2023, prepared by GeoResources
C. GENERAL INFORMATION:
1. Owner(s) of Record: Gilroy Real Estate Investments, LLC, 1316 S 10th St,
Renton, WA 98057
2. Zoning Classification: Residential-8 (R-8)
3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD)
4. Existing Site Use: Detached Dwelling
5. Critical Areas: High and Moderate Coalmine Hazard Areas
6. Neighborhood Characteristics:
a. North: Single-family residential, Residential Medium Density (RMD) Comprehensive Land Use
Designation; Residential-8 DU/AC (R-8) zone
b. East: Single-family residential, RMD, R-8 zone
c. South: Single-family residential, RMD, R-8 zone
d. West: Single-family residential, RMD, R-8 zone
7. Site Area: 0.20 acres
D. HISTORICAL/BACKGROUND:
Action Land Use File No. Ordinance No. Date
Comprehensive Plan N/A 5758 06/22/2015
Zoning N/A 5758 06/22/2015
Annexation (Incorporation) N/A 0 09/06/1901
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
City of Renton Department of Community & Economic Development
Gilroy Addition Variance
Administrative Report & Decision
LUA24-000189, V-A
Report of July 25, 2024 Page 3 of 8
D_GilroyVariance_FINAL
E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Chapter 2 Land Use Districts
a. Section 4-2-020: Purpose and Intent of Zoning Districts
b. Section 4-2-060: Zoning Use Table – Uses Allowed in Zoning Designations
c. Section 4-2-110: Residential Development Standards
2. Chapter 9 Permits – Specific
a. Section 4-9-250; Variances, Waivers, Modifications, and Alternates
3. Chapter 11 Definitions
F. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on June 17,
2024 and determined the application complete on June 18, 2024. The project complies with the 120-day
review period.
2. The applicant’s submittal material complies with the requirements necessary to process a variance
request. The applicant’s site plan, neighborhood detail map, exterior elevations, building plan wall
sections, floor plans, exterior photos, utilities plan, and Geotechnical Report are provided as Exhibits 2-
12.
3. The project site is located at 1318 S 7th St, Renton, WA 98057 (APN 7221400287).
4. The project site is currently improved with a detached dwelling.
5. Access to the lot would be maintained from S 7th St. The project does not propose revisions to the access.
6. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use
designation. The purpose of the MD Comprehensive Plan land use designation is to allow a variety of
single-family and multi-family development, with continuity created through the application of design
guidelines, the organization of roadways, sidewalks, public spaces, and the placement of community
gathering places and civic amenities. The project complies with the goals and policies of this
Comprehensive Plan land use designation.
Compliance Comprehensive Plan Analysis
✓ Policy L-3: Encourage infill development of single-family units as a means to meet
growth targets and provide new housing.
✓
Goal L-H: Plan for high-quality residential growth that supports transit by providing
urban densities, promotes efficient land utilization, promotes good health and physical
activity, builds social connections, and creates stable neighborhoods by incorporating
both built amenities and natural features.
✓ Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new
development is designed to be functional and attractive.
✓ Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas
and neighborhoods through quality design and development.
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
City of Renton Department of Community & Economic Development
Gilroy Addition Variance
Administrative Report & Decision
LUA24-000189, V-A
Report of July 25, 2024 Page 4 of 8
D_GilroyVariance_FINAL
✓ Policy L-48: Address privacy and quality of life for existing residents by considering
scale and context in infill project design.
7. The site is located within the Residential-8 (R-8) zoning classification.
8. The following variances have been requested by the applicant:
RMC Code Citation Required Standard Requested Variance
RMC 4-2-110A
Development
Standards for
Residential Zoning
Designations
(Primary
Structures)
The minimum secondary front
yard setback of 15 feet (15’).
The applicant is requesting a secondary front
yard setback of 11 feet six inches (11’6”) to
the foundation and allow the eave to extend
and encroach an additional two feet (2’)
beyond the reduced setback.
9. Staff received no public comment letters.
10. No other public or agency comments were received.
11. Representatives from various city departments have reviewed the application materials to identify and
address issues raised by the proposed development. These comments are contained in the official file,
and the essence of the comments has been incorporated into the appropriate sections of this report and
the Departmental Recommendation at the end of this report.
12. Variance Analysis: The applicant is requesting a variance from RMC 4-2-110A to allow a 140 square foot
expansion onto the northern facade of the existing residence. The foundation would be located 11 feet
six inches (11’6”) from the Grant Ave S right-of-way (ROW). The applicant is also requesting to allow the
eaves to extend two feet (2’) beyond the foundation to align with the existing eaves on the residence. The
proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250B.5. Therefore, staff
recommends approval of the requested variance.
Compliance Variance Criteria and Analysis
✓
a. That the applicant suffers practical difficulties and unnecessary hardship and the
variance is necessary because of special circumstances applicable to subject
property, including size, shape, topography, location or surroundings of the subject
property, and the strict application of the Zoning Code is found to deprive subject
property owner of rights and privileges enjoyed by other property owners in the
vicinity and under identical zone classification.
Staff Comment: The existing lot is 8,575 square feet and is located at the intersection of
S 7th St to the south and Grant Ave S to the east (Exhibit 2). The property is 65 feet (65’)
wide east to west and 118 feet (118’) deep from north to south. An existing detached
dwelling is located on the site. Per the provided floor plans (Exhibits 4 and 5) the existing
structure has a 980 square foot ground floor and an 802 square foot basement. The
residence has the front door oriented east towards Grant Ave S with the garage oriented
south towards S 7th St. At its closest, the existing residence is seven feet (7’) from the
Grant Ave S ROW.
The applicant contends that if the required R-8 setback is applied it would create a
conflict with the existing side sewer line on the property to the west and increase the
amount of impervious surface on the property (Exhibit 7). As proposed, the expansion
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
City of Renton Department of Community & Economic Development
Gilroy Addition Variance
Administrative Report & Decision
LUA24-000189, V-A
Report of July 25, 2024 Page 5 of 8
D_GilroyVariance_FINAL
would be placed where an existing concrete patio is located and would be a more
compact design which aligns with the existing foundation wall that has been in place
since the original 1940’s residence was built. In addition, the applicant contends that
the other homes within the area are closer to the ROW of Grant Ave S than the proposed
expansion.
Staff finds that the applicant has special circumstances. The existing sewer line extends
from the dwelling west across the property onto the abutting property to the west (1314
S 7th St). Per COR Maps there is an alleyway on the west side of 1314 S 7th St which runs
from S 7th St north. Within the said alley, there is a six-inch (6”) gravity wastewater main
made from vitrified clay pipe (VCP). The main only extends as far south as 613 Grant
Ave S, the abutting property to the north of the project site. A specific service connection
for the project site is not shown in COR Maps. An eight-inch (8”) gravity wastewater
main made from polyvinyl chloride is located within the Grant Ave S ROW to the east of
the project site. COR Maps does not show a connection for the project site to this
wastewater main. However, the applicant did provide a utilities plan showing the sewer
line makes connection through 1314 S 7th St to the six-inch (6”) wastewater main within
the alley to the west (Exhibit 11).
The purpose of the expansion is to create a larger main bedroom and bathroom. Per the
floor plans (Exhibit 4), the overall work would encompass a footprint which is
approximately 270 square feet with only 140 square feet of that being the proposed
expansion. An existing bedroom and bathroom are within the area of work; the proposal
would also align with the existing foundation, walls and general interior layout. The
work also includes an expansion of the basement directly below the bedroom and
bathroom (Exhibit 5). The existing sewer line runs from said bathroom as it is the only
bathroom for the residence. As currently proposed, the sewer line would not need to be
adjusted. If the expansion were to be placed outside of the secondary yard setback it
would require relocation of the connection to the residence further west. The applicant
could also move the expansion to the west side of the residence as there is room for an
expansion on that side of the house without extending into setbacks. However, that too
would require relocation of the sewer line and would require a redesign of the interior
layout of the house as the living room and no bathrooms are located on the west side
of the house. Both options are unreasonable to require the applicant to complete based
on the scope of the project. If the property was not a corner lot the most likely setback
would be a five-foot (5’) side yard setback. This combined with the location of the sewer
line creates a special circumstance on the property.
Staff also finds that without the variance, the property owner would be deprived of
rights and privileges enjoyed by other property owners in the vicinity and under identical
zone classification. To meet the secondary front yard setback requirements the
applicant would be required to undertake an unreasonable amount of construction
related to the intensiveness of the expansion. The main purpose of the expansion is to
create a larger bathroom and main bedroom; no additional bathrooms or bedrooms are
proposed. The expansion is to improve quality of life within the residence as there is only
one (1) existing bathroom, and under non-special circumstances this would be a
relatively simple project to complete. However, with the circumstances on the project
site, to require the applicant to meet setbacks would create an additional amount of
design and work than otherwise would be necessary. This would create a chilling effect
in that it would discourage expansion as the needs for simple quality of life upgrades
would require more design and construction than otherwise would be necessary.
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
City of Renton Department of Community & Economic Development
Gilroy Addition Variance
Administrative Report & Decision
LUA24-000189, V-A
Report of July 25, 2024 Page 6 of 8
D_GilroyVariance_FINAL
As such, staff finds that the request for the secondary front yard setback complies with
this criterion.
✓
b. That the granting of the variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zone in
which subject property is situated.
Staff Comment: The applicant contends that the proposed deviation would not be
materially detrimental to the public welfare or injurious to the property or
improvements in the vicinity and zone due to the nature of the surrounding
development and/or traffic patterns. Grant Ave S has a grade approximately three feet
(3’) above the yard grade with an on-site hedge between the right-of-way and the
dwelling. Several of the homes along Grant Ave S encroach into the front yard setback
of Grant Ave S. Furthermore, the expansion would be in line with the existing dwelling
characteristics and would appear as if it’s always been part of the home and is not an
addition.
Staff has not seen evidence that the variance would be materially detrimental to the
public or injurious to the property or improvements in the vicinity and zone. Per the
provided site plan (Exhibit 2), the expansion grade would be about two to three feet (2’
to 3’) below the grade of Grant Ave S. There would also be a continuous vegetative
screen made up of retained trees and bushes which form a hedge between the
expansion and the Grant Ave S ROW as seen in provided pictures (Exhibits 6 and 8).
While the entirety of the expansion wouldn’t be fully screened, the vegetation and
elevation change provide a substantive buffer than would otherwise be present. The
expansion has a footprint of approximately 28 square feet within the setback but is in
line with the eastern facade of the existing dwelling. The expansion would not place the
home any closer to the Grant Ave S ROW than it already is. Furthermore, other
residences on Grant Ave S in the general vicinity of the project are as close or closer to
the Grant Ave S ROW than the project dwelling. For example, 609 Grant Ave S is
approximately 11 feet (11’) from the Grant Ave S ROW; 533 Grant Ave S is
approximately 10 feet (10’).
As such, staff finds that the request for the secondary front yard setback complies with
this criterion.
✓
c. That approval shall not constitute a grant of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and zone in which the
subject property is situated.
Staff Comment: The applicant contends that the approval would not be a grant of
special privilege as there are existing structures in the vicinity which are closer to the
Grant Ave S ROW than the proposed addition. Granting of the variance would allow the
applicant to expand the home footprint in a manner like other homes in the vicinity.
Staff has not seen evidence that approval would constitute a grant of special privilege
inconsistent with the limitation upon uses of other properties in the vicinity and zone.
Based on staff’s review of COR Maps and the surrounding utility, staff finds it reasonable
that the special circumstances of the property would not generally apply to other lots
within the vicinity and zone of the subject property. As such, there would be limited, if
any, opportunities for a situation like this to exist.
As such, staff finds that the request for the secondary front yard setback complies with
this criterion.
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
City of Renton Department of Community & Economic Development
Gilroy Addition Variance
Administrative Report & Decision
LUA24-000189, V-A
Report of July 25, 2024 Page 7 of 8
D_GilroyVariance_FINAL
✓
d. That the approval is a minimum variance that will accomplish the desired purpose.
Staff Comment: See comments above in “a” and “b”.
G. CONCLUSIONS:
1. The subject site is located in the Residential Medium Density (MD) Comprehensive Plan designation and
complies with the goals and policies established with this designation, see FOF 6.
2. The subject site is located in the Residential-8 (R-8) zoning designation and complies with the zoning and
development standards established with this designation provided the applicant complies with City Code
and conditions of approval, see FOF 7.
3. The requested variance meets the four (4) criteria to be considered in making a decision on a variance
request as specified in RMC 4-9-250B.5. The analysis of the proposal according to variance criteria is found
in the body of the Staff Report, see FOF 12.
H. DECISION:
The Gilroy Addition Variance, File No. LUA24-000189, V-A, as depicted in Exhibit 2, is approved.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matthew Herrera, Planning Director Date
TRANSMITTED on July 25, 2024 to the Owner/Applicant/Contact:
Owner: Applicant/Contact:
Gilroy Real Estate Investments, LLC
1316 S 10th St
Renton, WA 98057
Amy DeDominicis, AIA
1916 Jefferson Ave
Tacoma, WA 98402
TRANSMITTED on July 25, 2024 to the Parties of Record:
None
TRANSMITTED on July 25, 2024 to the following:
Gina Estep, CED Administrator
Brianne Bannwarth, Development Engineering Director
Nathan Janders, Development Engineering Manager
Stephanie Rary, Property Services Specialist
Clark Close, Current Planning Manager
Angela Barton, Fire Marshal
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
7/25/2024 | 12:32 PM PDT
City of Renton Department of Community & Economic Development
Gilroy Addition Variance
Administrative Report & Decision
LUA24-000189, V-A
Report of July 25, 2024 Page 8 of 8
D_GilroyVariance_FINAL
I. 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 August 8, 2024. 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 Variance 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
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: B9EBEC0F-914D-4596-A7A0-021708E1EB71
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Gilroy Addition Variance
Land Use File Number:
LUA24-000189, V-A
Date of Report
July 25, 2024
Staff Contact
Andrew Van Gordon
Associate Planner
Project Contact/Applicant
Amy DeDominicis, AIA
1916 Jefferson Ave, Tacoma,
WA 98402
Project Location
1318 S 7th St, Renton, WA
98057 (APN 7221400287)
The following exhibits are included with the Administrative Report:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: Neighborhood Detail Map
Exhibit 4: Main Level Floor Plan
Exhibit 5: Basement Level Floor Plan
Exhibit 6: Exterior Photo #1
Exhibit 7: Variance Request Justification
Exhibit 8: Exterior Photo #2
Exhibit 9: Building and Wall Sections Drawings
Exhibit 10: Exterior Elevations
Exhibit 11: Utilities Plan
Exhibit 12: Geotechnical Report, dated January 23, 2023, prepared by GeoResources
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71