HomeMy WebLinkAboutD_Hoang_Retaining_Wall_Modification_241112_FINALDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
D_Hoang_Retaining_Wall_Modification_241112_FINAL
A. ADMINISTRATIVE MODIFICATION REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: November 12, 2024
Project File Number: PR24-000070
Project Name: Hoang Retaining Wall Modification Request
Land Use File Number: LUA24-000305, MOD
Project Manager: Nichole Perry, Associate Planner
Owner/Applicant: Paul T. Hoang, 805 N 33rd St, Renton, WA 98056
Contact: Lan Do, 805 N 33rd St, Renton, WA 98056
Project Location: 805 N 33rd St, Renton, WA 98056 (APN 3342100155)
Project Summary: The applicant is requesting an Administrative Modification to retaining wall
standards in a residential zone at 805 N 33rd St (APN 3342100155). The proposed
modification request is to allow the base of the retaining wall to encroach into the
minimum three-foot (3') landscaped setback area abutting the public right-of-way
(RMC 4-4-040C.2.d). Additionally, the applicant’s proposal would reduce the height
of the existing retaining wall and introduce a terraced landscape to achieve
compliance with height requirements, thereby avoiding full demolition of the
constructed retaining wall. The subject property is 5,100 square feet (0.12 acres) in
size, is in the Residential-8 (R-8) zone and has a Comprehensive Plan Land Use
Designation of Residential Medium Density (RMD). Per City of Renton (COR) Maps,
the site contains regulated slopes and moderate landslide hazards.
Site Area: 0.12 acres
Docusign Envelope ID: 94E85F0B-0F59-45AE-AF08-46F0B96A0085
City of Renton Department of Community & Economic Development
Hoang Retaining Wall Modification Request
Administrative Report & Decision
LUA24-000305, MOD
Report of November 12, 2024 Page 2 of 7
D_Hoang_Retaining_Wall_Modification_241112_FINAL
B. EXHIBITS:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Plan Drawings (Site Plan, Demolition Plan, and Elevation)
Exhibit 3: Project Narrative and Justification Letter
Exhibit 4: Sewer Line Additional Information
C. PROJECT DESCRIPTION/BACKGROUND
In 2024, the applicant constructed a concrete masonry unit (CMU) retaining wall without first obtaining a
building permit (CODE24-000509). During a city inspection, it was determined that the constructed retaining
wall did not meet the minimum required three-foot (3’) setback from the property line and exceeded the
maximum height allowance of forty-eight inches (48”) in height within any part of the front yard setback.
According to the applicant, the north side of the retaining wall along the driveway was built partially in
accordance with the old building permit from 2013 (Permit No. B13003022, issued August 14, 2013).
Throughout the years, the applicant has retained the old rock wall prior to starting work on the new lower and
upper CMU retaining walls.
As indicated by the applicant, the neighboring property at 807 N 33rd St (APN 3342100150) has a shallow
sewer line that crosses the front yard of the subject property, thereby preventing the retaining wall from
complying with the minimum setback requirement from the public right-of-way. The applicant’s modification
proposal includes leaving the retaining wall at its current location and reducing the height of the wall through
terracing. By creating a terraced wall in the front yard, this would reduce the height of the retaining wall at the
property line and would provide a two-foot (2’) flat area that would allow for front yard landscaping between
a portion of the retaining wall and the street, as specified in RMC 4-4-040.C.2.e.
Finally, by applying for the modification request, the applicant would be afforded the opportunity to resolve
the active code compliance case and would allow the project the opportunity to comply with other code
requirements without necessitating full demolition of the new retaining wall structure. As a result, the
applicant submitted a modification request in order to resolve the two (2) retaining wall code violations. An
after-the-fact building permit would need to be submitted for the terraced retaining wall.
D. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on
September 26, 2024 and determined the application complete on October 2, 2024. 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 (Exhibits 2-4).
3. The project site is located 805 N 33rd St, Renton, WA 98056 (APN 3342100155).
4. The project site is currently developed with a single-family residence and residential retaining wall,
partially constructed under a previously expired permit (Permit No. B13003022).
5. Access to the site would be provided via N 33rd St (to the north) and a public alley (to the south).
6. The property is located within the Residential Medium Density (RMD) Comprehensive Plan land use
designation.
Docusign Envelope ID: 94E85F0B-0F59-45AE-AF08-46F0B96A0085
City of Renton Department of Community & Economic Development
Hoang Retaining Wall Modification Request
Administrative Report & Decision
LUA24-000305, MOD
Report of November 12, 2024 Page 3 of 7
D_Hoang_Retaining_Wall_Modification_241112_FINAL
7. The site is located within the Residential-8 (R-8) zoning classification.
8. There are no known significant trees located on-site.
9. On August 5, 2024, the applicant received a Warning of Violation Letter (CODE24-000509) for construction
of a retaining wall without a building permit, exceeding the maximum retaining wall height and not
adhering to the required setback from the public right-of-way.
10. 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.
11. Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas
Regulations (RMC 4-3-050). The proposal is consistent with the Critical Areas Regulations, if all conditions
of approval are complied with:
Compliance Critical Areas Analysis
✓
Geologically Hazardous Areas: Based upon the results of a geotechnical report and/or
independent review, conditions of approval for developments may include buffers
and/or setbacks from buffers. A standard 15-foot building setback is required for all
structures from Protected Slope areas.
A 50-foot buffer and 15-foot building setback are required from Very High Landslide
Hazard Areas.
Staff Comment: The location of the existing and proposed retaining walls are located
within a moderate landslide hazard area and the site contains regulated slopes (>15%
& <=25%). A geotechnical report was waived as part of the land use submittal
application. However, a geotechnical report may be required as part of the building
permit submittal at the discretion of the Building Official.
12. Modification Analysis: The applicant is requesting a modification from RMC 4-4-040C.2.d to encroach into
the minimum three-foot (3') landscaped setback area abutting the public right-of-way in order to
accommodate an existing sewer line that crosses through the front yard. The proposal is compliant with
the following modification criteria, pursuant to RMC 4-9-250, if all conditions of approval are met.
Therefore, staff is recommending approval of the requested modification, subject to conditions as noted
below:
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: Although this is an existing development with grade changes between
the front of the house and the ROW, the proposed modification aligns with the intent
of Goal L-BB by ensuring that changes to established sites continue to enhance quality
of life in Renton and by ensuring that new development is designed to be functional and
attractive. In addition, the proposal supports Policy L-48 by integrating design elements
that respect the scale and context of neighboring properties, enhancing quality of life
and privacy and Goal L-CC, which promotes sustainable, well-maintained, and visually
appealing development that preserves community resources, and is consistent with
Goal L-FF in the “Promoting a Safe, Healthy, and Attractive Community” section, which
Docusign Envelope ID: 94E85F0B-0F59-45AE-AF08-46F0B96A0085
City of Renton Department of Community & Economic Development
Hoang Retaining Wall Modification Request
Administrative Report & Decision
LUA24-000305, MOD
Report of November 12, 2024 Page 4 of 7
D_Hoang_Retaining_Wall_Modification_241112_FINAL
advocates for strengthening neighborhood identity and ensuring quality design that
reflects site-specific challenges.
Staff concurs the proposed terraced retaining wall modification implements the policy
direction of the Comprehensive Plan and is the minimum adjustment necessary. The
utility aspect of the Comprehensive Plan address that utility services must be at an
adequate level and be consistent with land use, environmental protection, and other
goals and polices. The intent of the policies is to provide and maintain utilities that are
consistent with public health objectives of the State of Washington and the City of
Renton. The requested street modification is consistent with these policy guidelines.
While the proposed modification reduces the retaining wall setback from the public
ROW by three feet (3’), the reduction does not impact the neighbor’s ability to retain
use of their existing four-inch (4”) sewer pipe that provides sanitary services to 807 N
33rd St and maintains the code required height and terracing standard for retaining
walls.
The modification request represents the minimum necessary to maintain visual
compatibility with surrounding properties while addressing site constraints.
Compliant if
condition of
approval is
met
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 proposed retaining wall location,
design, and height are due to the presence of a shallow sewer line crossing the front
yard. The applicant maintains that the proposal aims to minimize impacts on
surrounding properties, enhance front yard landscaping, and ensure compliance with
all other city development standards.
Staff concurs the proposed street modification request achieves these standards as
follows:
• Safety: Due to the topography of the site, history of the property with a rock wall,
maintainability of the neighbor’s sewer line, and given the city issued a building
permit for the retaining wall in the past, the planned terraced retaining wall along
N 33rd St parking lane is not anticipated to create any safety concerns.
• Function/Appearance: According to the plan drawings, the lower wall tapers from
west to east from approximately three feet and ten inches (3’ 10”) in height at the
driveway to six inches (6”) in height at the stairs located at the northeast corner of
the property (Exhibit 2). The location of the upper wall is set back two feet (2’)
behind the lower wall allowing for a landscape area between the upper and lower
walls to enhance visual appeal and functional compliance. While the landscape plan
clearly identifies small shrubs and plants between the upper and lower retaining
walls, the lack of plant schedule makes compliance with retaining wall and
landscape codes difficult. Therefore, staff recommends as a condition of approval,
the applicant submit an updated landscape plan that demonstrates compliance
with retaining wall standards and associated landscape regulations in RMC 4-4-
070. The updated landscape plan shall be reviewed and approved by the Current
Planning Project Manager prior to issuance of the after-the-fact building permit.
In addition, the proposed retaining wall modification is not anticipated to impact
the roadway (N 33rd St) and allows landscaping in the front yard, thus meeting the
plan goals of providing landscaping between the terraced retaining wall and the
Docusign Envelope ID: 94E85F0B-0F59-45AE-AF08-46F0B96A0085
City of Renton Department of Community & Economic Development
Hoang Retaining Wall Modification Request
Administrative Report & Decision
LUA24-000305, MOD
Report of November 12, 2024 Page 5 of 7
D_Hoang_Retaining_Wall_Modification_241112_FINAL
E. DECISION:
The proposal satisfies 5 of the 5 criteria listed in RMC 4-9-250 for approval of modifications. Therefore, the
Hoang Retaining Wall Modification Request, File No. LUA24-000305, MOD, is approved and is subject to the
following condition:
1. The applicant shall submit an updated landscape plan that demonstrates compliance with retaining wall
standards and associated landscape regulations in RMC 4-4-070. The updated landscape plan shall be
reviewed and approved by the Current Planning Project Manager prior to issuance of the after-the-fact
building permit.
public street. Furthermore, the current design contributes to a functional and
attractive design that respects neighborhood character while improving upon the
former rock walls aesthetic appearance, as intended by the code.
• Environmental Protection: The proposed modification does not result in either an
increase or decrease in disturbance within the right of way thus the environmental
hazard potential remains unchanged.
• Maintainability: Maintenance of the retaining wall is the responsibility of the
homeowner; thus, it will not add any additional maintainability costs/concerns to
the city.
The proposed modification would meet the objectives of safety, function, appearance,
environmental protection, and maintainability intended by the code requirements. City
staff has reviewed the unique site limitations and proposed design and have determined
that the proposed terraced CMU wall design is the most suitable solution for the
development. The determination was based on the fact that maintaining the front yard
elevation was pertinent to not disturbing the private sewer line for the abutting
property owner at parcel no. 3342100150.
✓
c. Will not create substantial adverse impacts to other property(ies) in the vicinity.
Staff Comment: Staff has not identified adverse impacts to other properties from the
requested modification. The proposed setback adjustment and terraced landscaping
minimize visibility and impact, ensuring compatibility within the neighborhood. See also
comments under criterion ‘a’ and criterion ‘b’.
✓
d. Conforms to the intent and purpose of the Code; and.
Staff Comment: Staff concurs the proposed modification meets the intent and purposes
of the Code. See also comments under criterion ‘a’ and criterion ‘b’.
✓
e. Can be shown to be justified and required for the use and situation intended.
Staff Comment: This modification is justified given the presence of the sewer line and
other unique site conditions that prevent strict adherence to setback requirements. See
also comments under criterion ‘a’ and criterion ‘b’.
Docusign Envelope ID: 94E85F0B-0F59-45AE-AF08-46F0B96A0085
City of Renton Department of Community & Economic Development
Hoang Retaining Wall Modification Request
Administrative Report & Decision
LUA24-000305, MOD
Report of November 12, 2024 Page 6 of 7
D_Hoang_Retaining_Wall_Modification_241112_FINAL
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matt Herrera, Planning Director Date
TRANSMITTED on November 12, 2024 to the Owner/Applicant/Contact:
Owner/Applicant: Contact:
Paul Hoang
805 N 33rd St
Renton, WA 98053
Lan Do
805 N 33rd St
Renton, WA 98056
TRANSMITTED on November 12, 2024 to the Parties of Record:
None.
TRANSMITTED on November 12, 2024 to the following:
Gina Estep, CED Administrator
Brianne Bannwarth, Development Engineering Director
Amanda Askren, Economic Development Acting Director
Clark Close, Current Planning Manager
Nathan Janders, Development Engineering Manager
Anjela Barton, Fire Marshal
F. 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 November 26, 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 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: 94E85F0B-0F59-45AE-AF08-46F0B96A0085
11/12/2024 | 2:22 PM PST
City of Renton Department of Community & Economic Development
Hoang Retaining Wall Modification Request
Administrative Report & Decision
LUA24-000305, MOD
Report of November 12, 2024 Page 7 of 7
D_Hoang_Retaining_Wall_Modification_241112_FINAL
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: 94E85F0B-0F59-45AE-AF08-46F0B96A0085
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE MODIFICATION REPORT & DECISION
EXHIBITS
Project Name:
Hoang Retaining Wall Modification Request
Land Use File Number:
LUA24-000305, MOD
Date of Report
November 12, 2024
Staff Contact
Nichole Perry
Associate Planner
Project Contact/Applicant
Lan Do
805 N 33rd St, Renton, WA
98056
Project Location
805 N 33rd St, Renton,
WA 98056 (APN
3342100155)
The following exhibits are included with the Administrative Modification report:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Plan Drawings (Site Plan, Demolition Plan, and Elevation)
Exhibit 3: Project Narrative and Justification Letter
Exhibit 4: Sewer Line Additional Information
Docusign Envelope ID: 94E85F0B-0F59-45AE-AF08-46F0B96A0085