HomeMy WebLinkAboutJ_Variance_RequestFile No. 17-000435
Jones ADU – 1403 N 37th St
Project Proposal:
The subject property is located at 1403 N 37th St (APN #3342700482). The proposed project site
contains an existing 2,470 sq.ft. single family residence with a built-in two car garage and driveway with
parking for two cars which shall remain, and an existing 720 sq.ft. detached garage which shall remain.
The proposal is to obtain a Side Setback Variance to allow for the conversion of the existing detached
garage to a one bedroom, one bathroom 552 sq.ft. Accessory Dwelling Unit (ADU) with a 168 sq.ft.
storage space. The site is 9,669 sq.ft. in area and is zoned R-6 (Residential 6).
Variance Justification:
The proposed accessory dwelling unit will be consistent with the architectural character of the primary
home. As shown by the photographs of the primary residence and current detached garage, the garage
is consistent with the architecture of the primary residence in terms of roof line, brick façade, etc. The
brick facade will be retained as shown in the proposed front elevation and the only architectural change
proposed to the exterior of the garage in the conversion process will be the removal of one of the
garage doors to be replaced with three windows. At 552 sq.ft. meets the requirement that an ADU be
maximum “800 sq.ft. or 75% of the primary residence, whichever is smaller” (RMC 4-2-110B).
Additionally, as shown in by the elevation drawings, the building height is under the 24 ft from grade
maximum allowed and has a 5:12 roof pitch.
As shown by the included survey map (survey conducted by Terrane, January 8, 2018), the current
detached garage (proposed ADU) is located over 6’ from the primary residence, and is located 6’ from
the rear (south) property line and 4.8’ from the side (east) property line. According to RMC 4-2-110B of
the city development code, the required minimum setbacks for ADU’s are 5’ from the rear and side.
While the exterior wall of the existing detached garage is located 4.8’ from the side property line per the
survey, the interior wall of the proposed ADU would be located approximately 5.2’ from the side
property line due to exterior wall thickness.
As previously stated, RMC 4-2-110B requires 5’ rear and side setbacks for Accessory Dwelling Units. We
are requesting a variance to allow for the exterior wall of our ADU to be located 4.8’ from the side
property line due to the location of the existing structure.
Our proposal involves retaining the exterior shell of the existing garage (proposed ADU) and converting
the structure into a 552 sq.ft. ADU with a 168 sq.ft. storage space. The proposal does not expand the
footprint of the structure. Completing the conversion strictly according to the requirements of RMC 4-2-
110B would entail moving the eastern exterior wall by approximately 2.4” to meet the 5’ setback
requirement. This structural change would significantly and unnecessarily increase the complexity of
the project due to the engineering and structural changes involved in moving a load-bearing exterior
wall. Since the existing structure has been in place for more than 30 years, the neighbors to the east are
accustomed to the location of the structure and would see no perceptible benefit from the wall being
moved 2.4”.
Granting the variance would not have any negative impact on the neighboring property directly to our
east. The existing detached garage (proposed ADU) was built in 1985 according to King County Assessor
data and has not negatively impacted the neighboring property since that time. Because our
construction would be on the interior with no expansion toward the property line, there would be no
exterior change noticeable to the neighboring property. Moving the exterior wall of the structure by
2.4” would meet the strict standard for ADU setbacks but would provide no additional benefit to the
neighboring property. If we were required to move the exterior wall by 2.4” the project would be more
disruptive to the neighbors to the east due to the added noise and extensive work involved in exterior
construction compared to that of our proposed interior remodel work.
If our proposal involved building a new structure, we would take all necessary actions to ensure that the
ADU would meet setback guidelines and we could apply for and receive conditional use permit approval
without a variance. However, our proposal involves converting space in a detached garage which has
been in place for more than 30 years. If the existing garage (proposed ADU) were located 2.4” to the
west, the proposal could be permitted without a variance. The requested side setback variance is the
only variance necessary for our proposed ADU to meet requirements necessary for further review and
consideration for a conditional use permit.
Other property owners in the neighborhood could apply for and receive conditional use permit approval
for new accessory dwelling units without the burden of demolishing and moving an existing exterior wall
2.4” to comply with setback regulations. Considering that ADUs are permitted conditional uses in the
zone and that our proposal is to convert an existing structure into an ADU without the impractical
requirement of moving the exterior wall 2.4”, variance approval would not constitute a grant of special
privilege inconsistent with the limitation upon uses of other properties in the vicinity.