HomeMy WebLinkAboutVariance Request Justification 9 9 2023
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Jeff.jsjones@comcast.net
Reasonable Use Variance Request Justification Criteria
for
Bretzke Residence
5501 N.E. 10th St.
Renton, WA 98059
King County Tax Parcel No. 102305-9360
Prepared for:
Yan Lifshaz 425-443-6129
ylifshaz@comcast.net
Dated:
September 9, 2023
Prepared by:
Jeffery S. Jones, Wetland Scientist & Wildlife Biologist
Attachments
Wetland Buffer Mitigation Plan Proposed Site Plan
Variance Request Justification Criteria for a
Reasonable Use Variance for a Single-family Residence in a Wetland Buffer
The reviewing official must find that all of the special review criteria are met for a reasonable use variance.
4-9-250.B.7. Special Review Criteria – Reasonable Use Variance – Critical Areas Regulations
Only: For variance requests related to the critical areas regulations not subject to subsections B8 to B13
of this Section, a reasonable use variance may be granted if all of the following criteria are met: (Ord.
5676, 12-3-2012)
a. 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;
The development proposal does not pose an unreasonable threat to public health, safety or welfare.
Vegetative enhancement of an equal area of critical area buffer will mitigate for buffer impacts. A
geologist has determined that slope is not hazardous to develop. Best management construction
practices will be used. Public utilities are available. Police, fire, and EMT services are present for the
community. Improvements in the vicinity and zone will not be affected by the proposed residence.
b. There is no reasonable use of the property left if the requested variance is not granted;
The property is zoned single-family residential. There is no other reasonable use for the property.
c. The variance granted is the minimum amount necessary to accommodate the proposal
objectives;
No other modification of the development standards is required. The variance for a single-family
residence in a critical area buffer is the minimum variance for the proposed use.
d. The need for the variance is not the result of actions of the applicant or property owner; and
The applicants purchased the property in 2006. Since that time, wetland buffers have increased from 50
feet to 150 feet. A 50-foot buffer may have provided enough area outside of the buffer for
development with buffer averaging, however the 150-foot buffer encumbers the entire parcel. This is a
practical difficulty and unnecessary hardship for the property owner. A variance is necessary because of
the size, shape, and location in proximity to critical areas and not the result of actions of the applicant.
e. The proposed variance is based on consideration of the best available science as described in
WAC 365-195-905; or where there is an absence of valid scientific information, the steps in
subsection F of this Section are followed. (Ord. 4835, 3-27-2000; Amd. Ord. 4851, 8-21-2000)
The information, methodology, analysis, and proposal are based on the best available science as
described in WAC 365-195-905. Critical area determination, delineation, rating, and buffer width are
consistent with WA State DOE guidelines and City of Renton code.