HomeMy WebLinkAboutReport_Admin_Variance_LUA24-000300_250123_FinalDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
Report_Admin_Variance_LUA24-000300_250121_Final
FA. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: January 23, 2025
Project File Number: PR24-000069
Project Name: Purelander Critical Areas Variance for Single Family Residence and
Accessory Dwelling Unit Development
Land Use File Number: LUA24-000300, ECF, RUV-A
Project Manager: Nichole Perry, Associate Planner
Owner/Applicant: Yin Yin Leong, 11626 SE 61st Pl, Bellevue, WA 98006
Contact: Bill Granger, Re-Align Environmental, 14056 180th Ave SE, Renton, WA 98059
Project Location: 1828 NE 20th St, Renton, WA 98056 (APN 3343903201)
Project Summary: The applicant is requesting a Reasonable Use Variance and SEPA
Environmental Review to allow encroachment into a wetland buffer to provide
property access for constructing a one-story single-family home and detached
accessory dwelling unit at 1828 NE 20th St (APN 3343903201). The 1.15-acre
irregular shaped parcel is located in the Residential-4 (R-4) zoning district and
is designated Residential Low Density (RLD) in the Comprehensive Plan. The
site was previously used as a single family homesite. The previous buildings
were demolished and only a concrete building pad remains. The City of Renton
(COR) Map has identified moderate landslide hazards, Category IV wetland,
and a Wellhead Protection Area Zone 1 Modified and Zone 2 on the subject
site. Due to the buffer encroachment, a detailed wetland mitigation plan has
been proposed to enhance and restore buffer areas to maintain ecological
functions. The applicant submitted a Level 1 Tree Assessment, Drainage
Technical Report, Geotechnical Evaluation Report, Supplemental
Geotechnical Report, Critical Areas Report, Addendum #1 – Critical Areas
Report, and an Environmental (SEPA) Checklist with the application.
Site Area: 1.15 acres
Docusign Envelope ID: 2032CEB4-0BDF-41B1-9188-AA7D444E384F
City of Renton Department of Community & Economic Development
Purelander CA Variance for SFR and ADU Development
Administrative Report & Decision
LUA24-000300, ECF, RUV-A
Report of January 23, 2025 Page 2 of 14
Report_Admin_Variance_LUA24-000300_250123_Final
B. EXHIBITS:
Exhibit 1-17: As shown in the Environmental Review Committee (ERC) Report and
Exhibits, dated December 9, 2024
Exhibit 18: Advisory Notes
Exhibit 19: Administrative Staff Report
Exhibit 20: Variance Request Justification
C. GENERAL INFORMATION:
1. Owner(s) of Record: Yin Yin Leong
11626 SE 61st Pl, Bellevue, WA 98006
2. Zoning Classification: Residential-4 (R-4)
3. Comprehensive Plan Land Use
Designation:
Residential Low Density (RLD)
4. Existing Site Use: Vacant, single-family residential lot
5. Critical Areas: Moderate Landslide Hazard, Category IV Wetland,
Wellhead Protection Area Zone 1 Modified, and
Well 5A Wellhead Protection Area Zone 2.
6. Neighborhood Characteristics:
a. North: Undeveloped forest and shrub area. Residential Low Density (RLD) Comprehensive
Plan Designation; Residential-4 (R-4) Zoning District
b. East: Single-family residential. Residential Medium Density (RMD) Comprehensive Plan
Designation; Residential-4 (R-8) Zoning District
c. South: Single-family residential. Residential Low Density (RLD) Comprehensive Plan
Designation; Residential-4 (R-4) Zoning District
d. West: Undeveloped forest and shrub area. Residential Low Density (RLD) Comprehensive
Plan Designation; Residential-4 (R-4) Zoning District
7. Site Area: 1.15 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 (Zirk) N/A 1818 03/17/1960
Docusign Envelope ID: 2032CEB4-0BDF-41B1-9188-AA7D444E384F
City of Renton Department of Community & Economic Development
Purelander CA Variance for SFR and ADU Development
Administrative Report & Decision
LUA24-000300, ECF, RUV-A
Report of January 23, 2025 Page 3 of 14
Report_Admin_Variance_LUA24-000300_250123_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
d. Section 4-2-115: Residential Design and Open Space Standards
2. Chapter 3 Environmental Regulations and Overlay Districts
a. Section 4-3-050: Critical Area Regulations
3. Chapter 4 City-Wide Property Development Standards
4. Chapter 6 Streets and Utility Standards
a. Section 4-6-060: Street Standards
5. Chapter 9 Permits - Specific
a. Section 4-9-250 Variances, Waiver, Modifications, and Alternates
6. Chapter 11 Definitions
F. PUBLIC SERVICES:
1. Existing Utilities
a. Water: Water service will be provided by the City of Renton. There is an existing 6-inch (6”) water
main located in NE 20th St that can deliver a maximum flow capacity of 1,000 GPM.
b. Sewer: Sewer service is provided by the City of Renton. There is an 8-inch (8”) gravity wastewater
main located in NE 20th St. There is a City of Renton 8-inch (8”) gravity wastewater main located
to the west on the neighboring property. There is a 10-foot (10’) utility easement for the sewer
line, reference King County Record document 1999032225522.
c. Surface/Storm Water: There is a City of Renton 24-inch (24”) stormwater main on the north side
of NE 20th St.
2. Streets: The proposed project fronts NE 20th St to the south property line and is classified as a
Residential Access Road with an existing right-of-way (ROW) width of 60 feet (60’).
3. Fire Protection: Renton Regional Fire Authority (RRFA)
G. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on
September 19, 2024 and determined the application complete on October 16, 2024. The project
complies with the 120-day review period.
2. The applicant’s submittal materials comply with the requirements necessary to process the
administrative reasonable use variance request (Exhibits 2-15).
3. The project site is located at 1828 NE 20th St, Renton, WA 98056 (APN 3343903201).
Docusign Envelope ID: 2032CEB4-0BDF-41B1-9188-AA7D444E384F
City of Renton Department of Community & Economic Development
Purelander CA Variance for SFR and ADU Development
Administrative Report & Decision
LUA24-000300, ECF, RUV-A
Report of January 23, 2025 Page 4 of 14
Report_Admin_Variance_LUA24-000300_250123_Final
4. The project site is a flag lot and is currently undeveloped. The site was previously a single-family
homesite that has since been demolished. One (1) concrete building pad remains.
5. Access to the site would be provided via an existing flagpole driveway extending north from NE 20th
St.
6. The site is located within the Residential Low Density (RLD) Comprehensive Land Use Designation.
7. The site is located within the Residential-4 (R-4) zoning classification.
8. There are approximately 28 trees located on-site, of which the applicant is proposing to retain a total
of 13 trees.
9. The site is mapped with a moderate landslide hazard near the northeast portion of the parcel and a
Category IV wetland with an associated 50-foot (50’) buffer on the western and southern portions of
the parcel. In addition, the northern portion of the property is in the Well 5A Wellhead Protection Area
Zone 1 modified and the southern portion of the property is in the Well 5A Wellhead Protection Area
Zone 2.
10. The applicant is proposing to begin construction in June 2025 and complete it by July 2026.
11. Pursuant to the City of Renton’s Environmental Ordinance and SEPA (RCW 43.21C, 1971 as
amended), on December 10, 2024 the Environmental Review Committee issued a Determination of
Non-Significance – Mitigated (DNS-M) for the Purelander Critical Areas Variance for Single Family
Residence and Accessory Dwelling Unit Development (Exhibits 1-17). The DNS-M included three (3)
mitigation measures. A 14-day appeal period commenced on December 10, 2024 and ended on
December 26, 2024. No appeals of the threshold determination have been filed as of the date of this
report.
12. Based on an analysis of probable impacts from the proposal, the Environmental Review Committee
(ERC) issued the following mitigation measures with the Determination of Non-Significance –
Mitigated:
1. The applicant shall comply with the recommendations outlined in the Geotechnical
Evaluation Report, prepared by Pioneer Engineers, Inc., dated December 30, 2023 (Exhibit 8)
and the Supplemental Geotechnical Report, dated April 15, 2024 (Exhibit 9), and any future
addenda.
2. The applicant shall comply with the Tree Retention/Planting Plan and Wetland Enhancement
Plan, prepared by LDC, dated July 22, 2024 (Exhibit 5), including invasive species removal
and replanting with native vegetation within the wetland buffer to achieve a 3.3:1 mitigation
ratio and to ensure the protection of retained trees and successful replanting efforts.
3. The applicant shall prepare and submit an Inadvertent Discovery Plan (IDP) prior to the start
of any ground-disturbing activities. The applicant shall provide notification to Tribes’ cultural
committee prior to the start of construction.
13. The following variance to regulations have been requested by the applicant:
RMC Code Citation Required Standard Requested Variance
RMC 4-3-050G.2,
Development Standards:
Critical Area Buffers and
Structure Setbacks from
Buffers
50-foot wetland buffer and
a 15-foot building setback
for Category IV (Habitat
Score 3)
Requesting Reasonable Use
Variance to allow encroachment
into the wetland buffer between
two feet (2’) and 20 feet (20’) to
accommodate the driveway.
Docusign Envelope ID: 2032CEB4-0BDF-41B1-9188-AA7D444E384F
City of Renton Department of Community & Economic Development
Purelander CA Variance for SFR and ADU Development
Administrative Report & Decision
LUA24-000300, ECF, RUV-A
Report of January 23, 2025 Page 5 of 14
Report_Admin_Variance_LUA24-000300_250123_Final
14. Staff received three (3) public comment emails. This report addresses concerns raised, such as
wildlife and environmental impact.
15. Staff received one (1) agency comment letter from the Duwamish Tribe. This report addresses
concerns raised, such as the lot being culturally significant and having a moderate probability to
have unknown archaeological deposits.
16. No other public or agency comments were received.
17. 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 (Exhibit 18).
18. Comprehensive Plan Compliance: The site is designated Residential Low Density (RLD) on the
City’s Comprehensive Plan Map. The purpose of the RLD is to place lands constrained by sensitive
areas, those intended to provide transition to the rural area, or those appropriate for larger lot
housing within the Residential Low Density (RLD) land use designation to allow for a range of
lifestyles. The proposal is compliant with the following Comprehensive Plan Goals and Policies if all
conditions of approval are met:
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-I: Utilize multiple strategies to accommodate residential growth, including:
• Development of new single-family neighborhoods on large tracts of land
outside the City Center, and
• Infill development on vacant and underutilized land in established
neighborhoods and multi-family areas.
✓
Goal L-P: Minimize adverse impacts to natural systems, and address impacts of
past practice where feasible, through leadership, policy, regulation, and regional
coordination.
✓
Goal L-U: Preserve, protect, and enhance the quality and functions of the City’s
sensitive areas including: lakes, rivers, major and minor creeks, intermittent
stream courses and their floodplains, wetlands, ground water resources, wildlife
habitats, and areas of seismic and geological hazards.
✓
Policy L-28: Minimize erosion and sedimentation in and near sensitive areas by
requiring appropriate construction techniques and resource practices, such as
low impact development.
✓ Policy L-34: Ensure buildings, roads, and other features are located on less
sensitive portions of a site when sensitive areas are present.
✓ Policy L-48: Address privacy and quality of life for existing residents by considering
scale and context in infill project design.
19. 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:
Docusign Envelope ID: 2032CEB4-0BDF-41B1-9188-AA7D444E384F
City of Renton Department of Community & Economic Development
Purelander CA Variance for SFR and ADU Development
Administrative Report & Decision
LUA24-000300, ECF, RUV-A
Report of January 23, 2025 Page 6 of 14
Report_Admin_Variance_LUA24-000300_250123_Final
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: A Geotechnical Evaluation Report, prepared by Pioneer
Engineers, Inc., dated December 30, 2023 (Exhibit 8) and a Supplemental
Geotechnical Report (Exhibit 9) was submitted with the application. According to
COR Maps, a moderate landslide hazard area, with slopes of approximately 12
percent (12%), is in the northeast portion of the property. This classification and
slope percentage indicate low landslide risk, making additional mitigation
unnecessary. No Very High Landslide Hazard Areas are present. The applicant’s
proposal is consistent with standard setback requirements for moderate
landslide areas, ensuring site stability and compliance with Renton Municipal
Code (RMC) 4-3-050.
N/A
Streams: The following buffer requirements are applicable to streams in
accordance with RMC 4-3-050.G.2: Type F streams require a 115-foot buffer,
Type Np streams require a 75-foot buffer, and Type Ns streams require a 50-foot
buffer. An additional 15-foot building setback is required from the edge of all
stream buffer areas.
Staff Comment: Not applicable. No streams are identified on the site or in
proximity to the project location. The project design and environmental impact
assessment confirm that no encroachment on stream buffers is applicable. This
finding supports consistency with RMC 4-3-050G.2, as no stream buffers are
required for compliance.
Compliant if
SEPA
Mitigation
Measures
are
Implemented
Wellhead Protection Areas: The property is located within Wellhead Protection
Area Zones 1 Modified and Zone 2, as identified in the City of Renton mapping
system.
Staff Comment: The property is located within Wellhead Protection Area Zones 1
Modified and Zone 2, as identified in the City of Renton mapping system. While
the proposed development (a single-family residence and accessory dwelling
unit) does not include activities that would directly introduce contaminants to
groundwater, compliance with the City of Renton’s groundwater protection
standards under the 2022 Renton Surface Water Design Manual (RSWDM) is
contingent upon the applicant meeting certain conditions. The applicant has
proposed stormwater management measures, including permeable pavement
and infiltration systems, as outlined in the Drainage Technical Report (Exhibit 7)
and Grading, Paving, and Drainage Plans (Exhibit 3). The City of Renton’s grading
and excavation regulations require that imported fill exceeding 50 cubic yards
within Wellhead Protection Zone 1 or 100 cubic yards within Zone 2 be
accompanied by a source statement certified by a qualified professional or
confirmed as originating from a Washington State Department of Transportation
(WSDOT) approved source. Wellhead Protection Area must comply with the
Wellhead Protection Area requirements under RMC 4-3-050G.8. To further
Docusign Envelope ID: 2032CEB4-0BDF-41B1-9188-AA7D444E384F
City of Renton Department of Community & Economic Development
Purelander CA Variance for SFR and ADU Development
Administrative Report & Decision
LUA24-000300, ECF, RUV-A
Report of January 23, 2025 Page 7 of 14
Report_Admin_Variance_LUA24-000300_250123_Final
ensure that all grading and excavation requirements are followed, staff is
recommending compliance with the mitigation measures issued as part of the
Determination of Non-Significance Mitigated, dated December 10, 2024.
Compliant if
SEPA
Mitigation
Measures
are
Implemented
and
Compliant if
Reasonable
Use Variance
is approved
Wetlands: The following buffer requirements are applicable to wetlands in
accordance with RMC 4-3-050.G.2:
Wetland
Category Buffer Width
Structure
Setback
beyond buffer
High
Habitat
Function
(8-9
points)
Moderate
Habitat
Function
(5-7
points)
Low
Habitat
Function
(3-4 points)
All
Other
Scores
15 ft.
Category I –
Bogs &
Natural
Heritage
Wetlands
200 ft.
Category I –
All Others 200 ft. 150 ft. 115 ft. 115 ft.
Category II 175 ft. 150 ft. 100 ft. n/a
Category III 125 ft. 100 ft. 75 ft. n/a
Category IV 50 ft. n/a
Staff Comment: A Critical Areas Report, prepared by Re-Align Environmental,
dated November 20, 2023 (Exhibit 11) and an Addendum #1 – Critical Areas
Report, prepared by Re-Align Environmental, dated February 2, 2024 (Exhibit 12)
were submitted with the application. According to the reports, the wetland on the
site has been classified as a Category IV wetland with a rating score of 14 (six (6)
for water quality, five (5) for hydrology, and three (3) for habitat), based on
Washington State’s Wetland Rating System, which assesses habitat quality,
water quality improvement, and hydrologic functions. With this 14-point score,
the on-site wetland falls within the lower end of the scale, indicating limited
ecological functions relative to higher-category wetlands. As a Category IV
wetland, it requires a 50-foot (50’) buffer under RMC 4-3-050.
The proposed project design seeks a Reasonable Use Variance to allow
redevelopment of the driveway within this Category IV wetland buffer, with
encroachment distances ranging from two feet (2’) to 20 feet (20’). According to
the applicant’s justification, buffer averaging was considered under RMC 4-3-
050I; however, reductions below 37.5 feet (37.5’) are not typically permissible
through averaging alone (Exhibit 20).
To mitigate for the estimated 0.14-acres of buffer impacts, stormwater
management measures would be incorporated into the development to prevent
sedimentation and maintain water quality. In addition, the applicant proposed
enhancement of the wetland area, along with restoration efforts within the
Docusign Envelope ID: 2032CEB4-0BDF-41B1-9188-AA7D444E384F
City of Renton Department of Community & Economic Development
Purelander CA Variance for SFR and ADU Development
Administrative Report & Decision
LUA24-000300, ECF, RUV-A
Report of January 23, 2025 Page 8 of 14
Report_Admin_Variance_LUA24-000300_250123_Final
remaining on-site wetland buffer, totaling a 3.3:1 mitigation ratio or 0.46-acres of
restoration. As a result, the SEPA Lead Agency issued a threshold determination
with three (3) mitigation measures (Exhibits 1-17). For example, SEPA mitigation
measure #2 would include wetland enhancement and buffer restoration (Exhibit
5), including invasive species removal and replanting with native vegetation to
ensure the protection of retained trees and successful replanting efforts.
Per RMC 4-3-050, Category IV wetlands are typically required to be placed in a
Native Growth Protection Area (NGPA) with split rail fencing installed around the
perimeter of the entire NGPA. In order to assist with the reestablishment of native
plants in the buffer area, as well as to reduce the potential for future impacts to
the wetland buffer, the applicant should establish a Native Growth Protection
Easement and requisite split-rail cedar fencing. See Exhibit 5 for a detailed
wetland enhancement planting plan showing the delineated wetland and
wetland buffer. Therefore, staff recommends as a condition of approval that the
applicant establish a Native Growth Protection Easement (NGPE) that
encompasses the delineated Category IV wetland and the associated buffer. The
NGPE must allow access through the wetland buffer to a detached dwelling and
accessory dwelling unit via an approved pervious pavement driveway.
Compliance with the Native Growth Protection Easement shall be demonstrated
prior to issuance of an approval to the final inspection for the single-family
dwelling.
To protect the proposed new wetland and buffer restoration plantings, the
requisite split-rail fence and associated wetland signage were included as part of
the SEPA mitigation measure to comply with the Tree Retention/Planting Plan and
Wetland Enhancement Plan, prepared by LDC, dated July 22, 2024 (Exhibit 5). The
location of the split-rail fence would be reviewed and approved by the Current
Planning Project Manager prior to installation. After completion of the mitigation
plan, compliance with the requirements for long-term (five (5) years)
maintenance and monitoring of the mitigation area plantings would be required
per the process outlined in RMC 4-3-050L.3.
20. Reasonable Use Variance Analysis: The applicant is requesting a variance to reduce the 50-foot
(50’) wetland buffer to accommodate the redevelopment of an existing flagpole driveway necessary
for access to a single-family residence and an accessory dwelling unit (ADU). The proposal complies
with the special review criteria under RMC 4-9-250B.11, which governs variances for single-family
residences on legal lots with a Category IV wetland. Staff, therefore, recommends approval of the
variance with the required conditions of approval to ensure long-term ecological integrity and
compliance with local regulations.
Compliance Variance Criteria and Analysis
✓
a. The proposal is the minimum necessary to accommodate the building
footprint and access. In no case, however, shall the impervious surface exceed
five thousand (5,000) square feet, including access. Otherwise, the alteration
shall be subject to the review criteria of subsection B7 (Special Review Criteria
– Reasonable Use Variance – Critical Areas Regulations Only);
Staff Comment: The applicant contends the granting of the variance would allow a
similar use of the property that existed previously, namely an existing single-family
home on the single-family parcel. The unique configuration of the subject lot,
Docusign Envelope ID: 2032CEB4-0BDF-41B1-9188-AA7D444E384F
City of Renton Department of Community & Economic Development
Purelander CA Variance for SFR and ADU Development
Administrative Report & Decision
LUA24-000300, ECF, RUV-A
Report of January 23, 2025 Page 9 of 14
Report_Admin_Variance_LUA24-000300_250123_Final
specifically the narrow flagpole driveway, creates a hardship for the property owner
by limiting access and development options due to the proximity of the on-site
Category IV wetland buffer. Strict application of the zoning code, without the
requested variance, would prevent reasonable access and constrain residential
development on the property. The fixed location of the existing driveway within the
wetland buffer would leave little flexibility for compliance while maintaining
functionality.
Staff has reviewed the applicant’s justifications and concurs with the reasoning
provided. Granting the variance allows the applicant reasonable use of the
property consistent with surrounding residential properties in the R-4 zone, while
the aforementioned SEPA mitigation measures and the proposed conditions of
approval would ensure minimal environmental impact and alignment with zoning
intent. In addition, the project has been designed to ensure that the wetland buffer
encroachment is minimized, and the total impervious surface remains under 5,000
square feet, including the residence, ADU, and driveway.
✓
b. Access is located so as to have the least impact on the wetland and/or
stream/lake and its buffer;
Staff Comment: The applicant contends the granting of the variance would not be
materially detrimental to the public welfare or injurious to the property or
improvements in the vicinity and zone in which the subject property is situated due
to two (2) factors. First, the proposal includes measures to avoid any direct impact
on the wetland itself and second, the proposal emphasizes buffer restoration and
enhancement within the remaining buffer area, promoting ecological functions
that benefit the surrounding area.
Staff has reviewed the applicant’s justifications and concurs with the reasoning
provided. Staff finds that the existing flagpole driveway is the only feasible access
point, and alternative access routes were evaluated but found to create greater
environmental disruption. The proposed alignment limits encroachment into the
wetland buffer to between two feet (2’) and 20 feet (20’) so as to have the least
impact, maintaining the smallest possible footprint necessary for functional
access.
✓
c. The proposal preserves the functions and values of the wetlands and/or
stream/lake/riparian habitat to the maximum extent possible;
Staff Comment: The applicant contends that approval of the variance is aligned
with provisions for reasonable use in cases where physical site constraints
significantly limit property use. The applicant further contends that the proposed
development has been located on the northern portion of the site, such that the
proposed driveway and buildings avoid the wetland buffer at the homesite, thereby
preserving the functions and values of the wetland’s habitat to the maximum extent
possible.
Staff has reviewed the variance request and concludes that the proposed
encroachment into the wetland buffer would be the minimum required in order to
meet the goal of constructing a new single-family home and an accessory dwelling
unit. Additionally, the proposed residence and ADU are entirely outside the critical
area, with only the driveway impacting the wetland buffer. With a 3.3:1 mitigation
ratio for buffer impacts, the project would enhance habitat quality and plant
Docusign Envelope ID: 2032CEB4-0BDF-41B1-9188-AA7D444E384F
City of Renton Department of Community & Economic Development
Purelander CA Variance for SFR and ADU Development
Administrative Report & Decision
LUA24-000300, ECF, RUV-A
Report of January 23, 2025 Page 10 of 14
Report_Admin_Variance_LUA24-000300_250123_Final
diversity, resulting in net environmental benefits. As a result, the applicant has
taken extensive measures to preserve wetland functions and values to the
maximum extent possible.
✓
d. The proposal includes on-site mitigation to the maximum extent possible;
Staff Comment: The applicant contends that approval of the variance would
include on-site mitigation to the maximum extent possible. The requested buffer
reduction has been minimized to only what is necessary to accommodate the
existing driveway configuration, with the smallest encroachment of two feet (2’)
from the buffer boundary in some areas. The applicant contends that a 3.3:1
restoration and enhancement ratio would ensure that the variance remains limited
in scope while providing environmental benefits, thus meeting the intent of the
zoning code for critical area protection.
Staff reviewed the variance request and concludes that the proposed
encroachment into the wetland buffer would be the minimum required in order to
meet the goal of constructing a new single-family home and an accessory dwelling
unit that meets the applicant’s need to redevelop the property. The proposal
includes on-site mitigation to the maximum extent possible that would enhance
habitat quality and plant diversity, resulting in net environmental benefits. For
example, the project would provide a higher quality wetlands buffer area by
retaining 13 significant on-site trees, removing invasive species, and replanting
with native vegetation within the wetland buffer.
✓
e. The proposal first develops noncritical area, then the critical area buffer,
before the critical area itself is developed;
Staff Comment: The applicant contends that the proposed development follows
an approach that prioritizes the use of noncritical areas before impacting the
wetland buffer. The residence and ADU are entirely located outside of the critical
area, ensuring that no direct wetland impact occurs. The only encroachment into
the buffer is for driveway access, which is unavoidable given the narrow flagpole
configuration of the lot.
Staff reviewed the variance request and concludes that the applicant has
demonstrated that no feasible alternative locations exist for the driveway without
resulting in greater environmental disruption. By keeping all structures outside the
critical area and minimizing buffer encroachment, the proposal meets this
criterion.
✓
f. The proposed activities will not jeopardize the continued existence of
endangered, threatened or sensitive species as listed by the Federal
government or the State;
Staff Comment: According to the environmental reports, the project would not
impact any endangered, threatened, or sensitive species. The Critical Areas
Report, prepared by Re-Align Environmental (Exhibit 11), and the SEPA
Determination of Non-Significance – Mitigated (DNS-M) state that no listed species
have been observed on-site, and the mitigation plan ensures that habitat functions
remain intact. The applicant is implementing extensive wetland buffer restoration
and enhancement measures, including a 3.3:1 mitigation ratio with native
vegetation replanting and invasive species removal, which will improve ecological
conditions rather than degrade them. Given the findings of qualified environmental
Docusign Envelope ID: 2032CEB4-0BDF-41B1-9188-AA7D444E384F
City of Renton Department of Community & Economic Development
Purelander CA Variance for SFR and ADU Development
Administrative Report & Decision
LUA24-000300, ECF, RUV-A
Report of January 23, 2025 Page 11 of 14
Report_Admin_Variance_LUA24-000300_250123_Final
professionals, the proposed development would not pose a risk to any listed
endangered, threatened, or sensitive species.
✓
g. The inability to derive reasonable economic use of the property is not the result
of actions segregating or dividing the property and creating the undevelopable
condition after the effective date of this Section; and
Staff Comment: The subject property is a pre-existing legal lot that was once
developed with a detached dwelling. The constraints restricting development are
due to environmental conditions, not the result of subdivision or any actions taken
by the applicant. The wetland and landslide hazard areas existed prior to this
request and were not artificially created through property divisions. Without a
Reasonable Use Variance, the applicant would be unable to redevelop the single-
family property for its intended residential use due to no other means of access
except through a wetland buffer, making the property effectively undevelopable.
The variance request is therefore not an attempt to circumvent zoning laws, but
rather a legitimate request to allow reasonable use of an otherwise constrained
property.
✓
h. 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.
Subsection F, Absence of Valid Scientific Information: Where there is an
absence of valid scientific information or incomplete scientific information
relating to a critical area leading to uncertainty about the risk to critical area
function of permitting an alteration of or impact to the critical area, the
decision shall be based upon the following:
1. A “precautionary or a no-risk approach” that appropriately limits
development and land use activities until the uncertainty is sufficiently
resolved, or determine that protection can be ensured by using an approach
different from that derived from the best available science; provided, that the
applicant demonstrates on the record how the alternative approach will
protect the functions and values of the critical area; and
2. A required application of an effective adaptive management program that
relies on scientific methods to evaluate how well regulatory and nonregulatory
actions protect the critical area. An adaptive management program is a formal
and deliberate scientific approach to taking action and obtaining information
in the face of uncertainty. An adaptive management program shall:
a. Address funding for the research component of the adaptive
management program;
b. Change course based on the results and interpretation of new
information that resolves uncertainties; and
c. Commit to the appropriate timeframe and scale necessary to reliably
evaluate regulatory and nonregulatory actions affecting protection of
critical areas and anadromous fisheries.
Staff Comment: The variance application is supported by site-specific scientific
studies conducted by qualified professionals. The applicant has submitted a
Geotechnical Evaluation Report, prepared by Pioneer Engineers, Inc., dated
Docusign Envelope ID: 2032CEB4-0BDF-41B1-9188-AA7D444E384F
City of Renton Department of Community & Economic Development
Purelander CA Variance for SFR and ADU Development
Administrative Report & Decision
LUA24-000300, ECF, RUV-A
Report of January 23, 2025 Page 12 of 14
Report_Admin_Variance_LUA24-000300_250123_Final
December 30, 2023 (Exhibit 8), a Supplemental Geotechnical Report, prepared by
Pioneer Engineers, Inc., dated April 15, 2024 (Exhibit 9), a Critical Areas Report,
prepared by Re-Align Environmental, dated November 20, 2023 (Exhibit 11), and a
Critical Areas Report – Addendum #1, prepared by Re-Align Environmental, dated
February 2, 2024 (Exhibit 12), all of which provide detailed site assessments and
mitigation strategies based on best available science. These reports evaluate soils,
slope stability, wetland functions, and potential environmental impacts, ensuring
compliance with scientifically validated land use and environmental protection
standards.
Staff reviewed the submitted reports and concludes that the proposal aligns with
state and local wetland protection regulations, and the mitigation plan is designed
to enhance rather than degrade buffer functions. Given this reliance on the
environmental assessments, the variance is fully supported by best available
science, as required by WAC 365-195-905.
H. CONCLUSIONS:
1. The subject site is located in the Error! Reference source not found. Comprehensive Plan
designation and complies with the goals and policies established with this designation, see FOF 6
and FOF 18.
2. The subject site is at 1828 NE 20th St and is located in the Residential-4 (R-4) 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 3 and FOF 7.
3. The proposed reasonable use variance application complies with the Critical Areas Regulations
provided the applicant complies with City Code and conditions of approval, see FOF 19.
4. The requested Reasonable Use Variance meets the eight (8) criteria to be considered in making a
decision on a variance request as specified in RMC 4-9-250B.11. The analysis of the proposal
according to variance criteria is found in the body of the Staff Report, see FOF 20.
5. Key characteristics of the project include the construction of a single-family residence and an
accessory dwelling unit (ADU) on a constrained flag lot at 1828 NE 20th St, with access provided by
an existing flagpole driveway. The applicant requests a Reasonable Use Variance to reduce the 50-
foot (50’) wetland buffer to accommodate a pervious pavement driveway for redevelopment of the
property, which is necessary for site access. The project is designed to minimize environmental
impacts through mitigation measures, including a 3.3:1 wetland buffer enhancement ratio, retention
of 13 significant trees, invasive species removal, and replanting with native vegetation.
I. DECISION:
The Purelander CA Variance for SFR and ADU Development, File No. LUA24-000300, V-A is approved and
is subject to the following conditions:
1. The applicant shall comply with the three (3) mitigation measures issued as part of the Determination
of Non-Significance Mitigated, dated December 10, 2024.
2. The applicant shall establish a Native Growth Protection Easement (NGPE) that encompasses the
delineated Category IV wetland and the associated buffer. The NGPE must allow access through the
wetland buffer to a detached dwelling and accessory dwelling unit via an approved pervious
Docusign Envelope ID: 2032CEB4-0BDF-41B1-9188-AA7D444E384F
City of Renton Department of Community & Economic Development
Purelander CA Variance for SFR and ADU Development
Administrative Report & Decision
LUA24-000300, ECF, RUV-A
Report of January 23, 2025 Page 13 of 14
Report_Admin_Variance_LUA24-000300_250123_Final
pavement driveway. Compliance with the Native Growth Protection Easement shall be demonstrated
prior to issuance of a Building Permit for the single-family dwelling.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matthew Herrera, Planning Director Date
TRANSMITTED on January 23, 2025 to the Owner/Applicant/Contact:
Owner/Applicant: Owner: Contact:
Yin Yin Leong
11626 SE 61st Pl
Bellevue, WA 98006
yichenni@gmail.com
Tracy Hung
11626 SE 61st Pl
Bellevue, WA 98006
tsuiminhung@gmail.com
Bill Granger
Re-Align Environmental
14056 180th Ave SE
Renton, WA 98059
bill@re-alignenv.com
TRANSMITTED on January 23, 2025 to the Parties of Record:
Deanna Dobak
1700 NE 20th St
Renton, WA 98056
d.dobak@gmail.com
Alan Wilson
2029 Kennewick Pl NE
Renton, WA 98056
Alan.wilson@becu.org
David Randerson
2120 Kennewick Pl NE
Renton, WA 98056
Davidkranderson@gmail.com
Duwamish Tribe
4705 W Marginal Way SW
Seattle, WA 98106
preservationdept@duwamishtribe.org
TRANSMITTED on January 23, 2025 to the following:
Gina Estep, CED Administrator
Brianne Bannwarth, Development Engineering Director
Stephanie Rary, Property Services Specialist
Clark Close, Current Planning Manager
Nathan Janders, Development Engineering Manager
Anjela Barton, Fire Marshal
J. 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 February 6, 2025. 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
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1/23/2025 | 11:27 AM PST
City of Renton Department of Community & Economic Development
Purelander CA Variance for SFR and ADU Development
Administrative Report & Decision
LUA24-000300, ECF, RUV-A
Report of January 23, 2025 Page 14 of 14
Report_Admin_Variance_LUA24-000300_250123_Final
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.
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CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Purelander Critical Areas Variance for Single
Family Residence and Accessory Dwelling Unit
Development
Land Use File Number:
LUA24-000300, ECF, RUV-A LUA24-000300, ECF,
RUV-A
Date of Report
January 23, 2025
Staff Contact
Nichole Perry
Associate Planner
Project Contact
Bill Granger
Re-Align Environmental
14056 180th Ave SE
Renton, WA 98059
Project Applicant
Yin Yin Leong
11626 SE 61st Pl
Bellevue, WA 98006
Project Location
1828 NE 20th St
Renton, WA 98056
(APN 3343903201)
The following exhibits are included with the Administrative report:
Exhibits 1-17: As shown in the Environmental Review Committee (ERC) Report and Exhibits, dated
December 9, 2024
Exhibit 18: Advisory Notes
Exhibit 19: Administrative Staff Report
Exhibit 20: Variance Request Justification
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