HomeMy WebLinkAboutEX07_Justification
amy dedominicis . architect
1916 Jefferson Ave
Tacoma , WA. 98402
253.215.4717
April 26, 2024
To: Andrew Van Gordon
Associate Planner
City of Renton
1055 S Grady Way,6th Floor
Renton, WA 98057
Secondary Front Yard Setback Variance Request: Gilroy
Investment Rentals LLC.
RE: PSUB24-000127 Gilroy Addition Variance
Parcel Number: 7221400287
Project Location: The site is in the R8 Zone
Legal description Co Op Coal COS AC TRS #1E 90 feet LS
The variance proposes the following request:
Proposal: Applicant seeks approval of a Secondary Front Yard setback variance to 1318 S 7th St.
Renton.
- Reduction of the 15-foot secondary front yard setback for an 8 foot building addition to the
north of the property. The setback off Grant Ave. S would be reduced to approximately 11’-
6” feet (reduction of 3 1/2 feet) based on the distance of the existing foundation to the
property line. Applicant seeks to align the wall of the addition with the existing foundation
wall in place since the original 1940 residence was built.
- Applicant also requests that the roofline also be allowed to project 2 feet into the reduced
setback area thus resulting in a setback of 9’-6” from the property line allowing the eave to
tie into existing eave roofline. There is one eave for the existing porch along Grant Ave S
currently closer to the street.
EXHIBIT 7Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
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Photograph taken looking Northwest
Site Characteristics
• The subject parcel is a single family residence circa 1940 on the corner of Grant
Ave S and S 7th St.
• The 8,875 sf parcel for the most part is rectangular in shape with the long axis of
the parcel running in a north south direction.
• The portion of the lot, located along Grant Ave. S., has an elevation of
approximately 3 feet above the entry and drops to grade exposing approximately 2
feet of the existing foundation wall.
• Trees and vegetation currently line the full length of Grant Ave. S. except for a small
stair leading to the side entrance considered to be the secondary front yard.
• Currently the front porch of the existing home bult in 1940 is approximately 6 feet
off the property line along Grant Ave.
• An existing sanitary sewer line to the west limits the expansion of the footprint to the
eastern portion of the property.
• Extending to the north limits the width of the bedroom addition to just 6’-6” wide and
impacts the already small powder room footprint in the basement.
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
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2021 County Aerial
The current single family home will remain a single family home. We are looking to expand the
footprint of one bedroom and rebuild the existing bath on unbraced “stilts” on the main floor.
This will result in a more substantial seismic solution for the dwelling. The resulting basement
foundation expansion allows for a dedicated laundry area and a new half bath (powder room).
The current home only has one bathroom. The applicant wishes to align the new addition with
the foundation of the existing north and east existing foundation lines.
The variance proposal would maintain the required 20 foot front yard setback to the south, the 5
foot setback to the north and the 25 ft setback to the west. However the main living area of the
existing home is located approximately 11.5 feet from the eastern property line. There is also a
small entry porch that is only approximately 6 feet from the property line (Grant Ave. side). As
the proposed new addition would be partially located within the required 15-foot secondary
setback, an administrative setback variance is necessary. We feel this is a similar situation to
LUA02-116 granted back in 2002.
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
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Notes:
• There is an existing side sewer line to the west of the property that limits the expansion
to the west.
• By narrowing the end of the bedroom addition to fall within the 15 foot setback area the
width of the bedroom is reduced to approximately 6’-6”. A reduction of 3.6” from the
current ten foot wide width.
• Corner lot requirements lead to additional restraints that do not affect lots within normal
side to side adjacencies. The existing square footage of the 1940 residence will not be
out of character in the neighborhood and in fact is currently one of the smaller
residences in the area.
• Grant Ave. S is not currently seen as a highly traveled arterial and the small 140 sf
expansion of the residence will have no impact on existing traffic. Currently parking is
allowed on Grant Ave. on both sides.
• Redesign and permit resubmittal cost for the encroachment of approximately 8 sf will
have to be required. The roofline, a simple hip will be compromised by cutting the
corner. The current design is better from a structural standpoint and fits the character of
the existing residence. Owner is ready to break ground once permits are approved.
• Grant Ave. S may have been widened since 1940. The block south of S 7th street
pavement appears narrower.
Variance Request Justification
Please provide a written statement separately addressing and justifying each of the issues to be
considered by the City. The burden of proof as to the appropriateness of the application lies with the
applicant. In order to approve a variance request, the Reviewing Official must find ALL the following
conditions exist:
A. 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, and 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;
B. 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;
C. The 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; and
D. The approval is the minimum variance that will accomplish the desired purpose.
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
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Justification is as follows:
With respect to Condition A, We (the Applicants) submit that strict adherence to the secondary front
yard setback, (i.e., not granting a variance) would deprive us of privileges enjoyed by other property
owners in the vicinity. Corner lots bear a stricter burden having 2 wider setbacks to the primary
structure. There is an existing side sewer line on the property to the west and an existing concrete patio
to the north. The best option for the bedroom and bath expansion is to the north and east following the
alignment of the existing foundation. This will minimize the footprint of the design and is a better, more
compact solution than a dog leg structure which would add to the net square footage of impervious area
if enlarged to meet the goal of creating an enlarged bedroom to accommodate a king size bed. The
current design also maintains the existing ten-foot width of the bedroom in the existing residence which
by no means is overly spacious. If the variance is not granted the end width of the bedroom would be
reduced to 6’-6” wide.
In addition, based on information seen on aerial GIS photographs, Applicants submit that other
residential property owners in the vicinity have homes that are closer to Grant Ave than the Applicant.
Setbacks may have been adjusted over time, but the existing footprint of the residence contributes to the
existing structure alignment argument.
For at least the above reasons, we maintain that strict adherence to current development standards
would cause hardship to the owner by not allowing the minimal 8 sf expansion of the existing home
within the setback area. The applicant believes that by proceeding with the design as presented will
proceed to only add value to the neighborhood and minimize additional impervious area on the site.
With respect to Condition B, The Applicant believes that granting 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 the property is situated, due to the nature of the surrounding development and or traffic patterns.
There is a long, well-established hedge and tree line along Grant Ave. S. Accordingly, we believe that
granting of the variance will not be detrimental to the streetscape or existing street parking and traffic
patterns. The street is also approximately 3 feet above the yard grade.
As mentioned above, several of the homes in the vicinity along Grant Ave. S encroach into the side and
or front yard setback, including the existing home on the property. Therefore, adding a small addition
that is in alignment with the side of the existing home would be expected. Requiring a small carve out
of the corner of the addition would most likely result in a room that is less useable for the occupants,
will not allow for and a simple hip roofline that will be interrupted by carving out the corner . If the owner
adds to the square footage to the west we will impact the existing sanitary sewer line.
Furthermore, granting a variance would not have a negative visual impact on the surrounding property
owners, as granting the variance would allow our property to correspond to the existing house
characteristics and appear as it was always part of the original home design. The Applicant also
believes the upgrade to the existing north elevation of the home would be a far greater aesthetic
improvement over the existing condition.
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
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It should be noted that we did not request statements from any of our neighbors The proposed addition
easily meets the rear yard setback and side yard requirement, so we did not obtain a statement from
the neighbors immediately to the west and north of the home.
With respect to Condition C, The Applicant believes that approval of the variance would not be
considered a special privilege due to the fact that several of the existing structures in the vicinity are
closer to Grant Ave than the proposed addition. We contend that the proposed variance would allow us to
maximize the value of said property while remaining within the range of sizes and current neighboring
properties in the R-8 zone. Granting of the variance would allow the applicant to expand the home
footprint in a manner similar to other homes in the vicinity. Accordingly, no special privilege would be
granted.
With respect to Condition D, the variance request is only to allow for an approximately 3 ½” foot
encroachment into the15 foot secondary front yard setback giving approximately a distance of 11’-6” to
the property line. This is more than the minimum distance of 3 feet and consistent with existing
development patterns in the neighborhood. Only 8 sf would be within the current setback area. Again, the
side of the addition would align with the side of the existing home, and not impact the side sewer onsite.
We have not asked to encroach into the setback beyond the distance associated with the existing home.
Hence, only the minimum variance is requested. The expansion of the structure to the west once again
would require additional hardship to the owners with the impact and costs to the existing sanitary side
sewer.
Furthermore, the proposed addition does not encroach into the side yard setback to the north or the rear
yard setback to the west. In fact, the rearmost portion of the addition would be more than 30 feet away
from the side and rear yard setbacks. This is important when considering the small size of the proposed
addition.
Specifically, we believe the size of the proposed addition is the minimum required to meet the project
goals. Our desired purpose is to provide additional livable space creating a larger bedroom and a
second restroom since there is only one currently in the residence. This will add value to the
surrounding area.
For at least the above reasons, Applicants believe that the variance request is justified.
Note: While we recognize that every situation is different, we believe that there are similarities between
our situation and LUA02-116, which is asking removal of a portion of an existing garage and add
additional living space. The intent was to align with the existing home original garage footprint and
structure allowing for a longer vehicles. We are requesting the bedroom be enlarged so as to increase the
living area to allow for a larger closet and king size bed.
The similar encroachment into the required setback for LUA02- 116 and was approved. In that
application the applicant was seeking to line the rear of the garage and second story addition with the
existing single-family residence. To the extent applicable, we rely on the decisions associated with
same for its precedential value using the alignment with the existing structure.
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
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Additional Observations:
In addition to the approval above several of the other properties appear from the aerial map to also be
within the current 15 foot setback along Grant Ave S which applies to the corner condition beard by
our location and or front yard setback with alley access. The proposed addition is not any closer to
Grant Ave S. than these existing structures. Although the setbacks may have been different this also
sets a precedent that the said property does not exceed similar street frontage setback requirements.
525 Grant Ave S -10.5’ from property line
527 Grant Ave S -9.0’ from property line
533 Grant Ave S -7.0’ from property line
603 Grant Ave S -10.6’ from property line
Per 4-10-050- We do not entirely meet this requirement which is why we are requesting the variance into
the 15 foot corner yard setback.
4. Limits on Enlargement:
a. The structure shall not be enlarged unless the enlargement is conforming, except as identified in subsection A4b of
this Section.
b. Nonconforming enlargements may only be allowed at the discretion of the Administrator if:
i. The enlargement is sited carefully to achieve compatible transition between surrounding buildings, parking
areas and other land uses; or (The proposed enlargement is far more appealing than the existing elevation and
does not impact any of items listed in i.)
ii. The enlargement does not significantly cause any adverse or undesirable effects on the site or neighboring
properties, or (This will improve the aesthetic of the property and has no undesirable effects to neighbors on
any of the abutting lots.)
iii. The enlargement is confined to the projected footprint of a single-family dwelling. If the proposed
enlargement is nonconforming with respect to zoning setbacks, and the enlargement will comply with this
Section and all other development regulations, the enlargement may be allowed if it is located within the
projected footprint of the building. The projected footprint is determined with the criteria below by extending a
line from and parallel to the furthest encroaching portion(s) of the building. The enlargement is limited to the
height of the qualifying encroachment, and any other applicable height limitation. For the purpose of
determining the projected footprint, a qualifying encroachment shall:
(a) Represent at least fifty percent (50%) of the building’s facade; and It complies with this on the north
side.
(b) Be set back at least three feet (3') from any property line; and It complies with this with a setback of
approximately 11’-6 for the alignment with the existing foundation and 9’-6” if roof eave projection of 24”
is allowed to tie into the existing eave line”.
(c) Not include any allowed setback projections, steps and/or decks, and encroachments permitted by a
land use decision. No setbacks of steps or decks are in this area. Only the bathroom extension,
currently on short columns, falls within the main foundation projected footprint. The new footprint does
not fully meet this requirement which is why we are requesting the variance. The front porch projects
beyond the wall extension and is even closer to Grant Ave S.
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
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Proposed Site Plan – Not to Scale
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Projected encroachment
Entry level plan-Proposed
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
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Basement level plan- Proposed
Docusign Envelope ID: B9EBEC0F-914D-4596-A7A0-021708E1EB71
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Surrounding Land Use and Zoning Designation
LAND USE ZONING
North Single-Family Residence R8
South Single-Family Residence R8
West Single Family Residence R8
East Single-Family Residence R8
Site Photos 1318 S 7th St. – October 5, 2023
Existing North Elevation
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Photograph taken looking south towards existing residence.
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Proposed Building Elevations
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