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HomeMy WebLinkAboutD_Administrative_Variance_LUA25-000094_250520_FinalDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Administrative_Variance_LUA25-000094_250520_Final A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: May 21, 2025 Project File Number: PR25-000024 Project Name: Deck Replacement Project Land Use File Number: LUA25-000094, V-A Project Manager: Clark H. Close, Current Planning Manager Owner/Contact: Tom Jarzynka,1110 N 36th St, Renton, WA 98056 Applicant: Amy Hirsh, 1110 N 36th St, Renton, WA 98056 Project Location: 1110 N 36th St Renton, WA 98056 (APN 3342103090) Project Summary: The applicant is requesting an Administrative Variance from the provisions of Renton Municipal Code (RMC) to construct an approximately 726 square foot deck within the regulated rear yard setback as part of a code violation case (CODE25-000047) at 1110 N 36th St, Renton, WA 98059 (APN 3342103090). The 7,950 square foot parcel is located in the Residential-6 (R-6) zoning district and is designated Residential Medium Density (RMD) in the Comprehensive Plan. The site currently contains an existing single- family dwelling unit and the proposed uncovered replacement deck would encroach approximately five feet (5’) into the required 25-foot (25’) rear yard setback. No changes are proposed to the height of the new deck from the old deck that has been removed. No trees are proposed to be removed. According to City of Renton (COR) Maps, the site has identified regulated slopes (>15% & <=25%) through portions of the property. Site Area: 0.18 acres Docusign Envelope ID: 3E2B55F3-6ADA-4562-8508-5633F3BBE391 City of Renton Department of Community & Economic Development Deck Replacement Project Administrative Report & Decision LUA25-000094, V-A Report of May 21, 2025 Page 2 of 10 D_Administrative_Variance_LUA25-000094_250520_Final B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Existing Site Plan Map Exhibit 4: Neighborhood Detail Maps Exhibit 5: Project Narrative Exhibit 6: Variance Request Justification Exhibit 7: Public Comments from Jonathan Bye, Nyle Campbell, Don & Leilani Fleming, Libby Green, Albert & Becki Kao, Kelvin Lank, Pamela & Paul Miller, Koichi Osada, Joyce Segur, and Phillip Ussery Exhibit 8: Staff Response to Public Comments Exhibit 9: Owner’s Comment Exhibit 10: Advisory Notes C. GENERAL INFORMATION: 1. Owner(s) of Record: Tom Jarzynka and Amy Hirsh, 1110 N 36th St, Renton, WA 98056 2. Zoning Classification: Residential-6 (R-6) 3. Comprehensive Plan Land Use Designation: Residential Medium Density (RMD) 4. Existing Site Use: Existing single-family residence on a single-family residential lot 5. Critical Areas: Regulated Slopes (>15% & <=25%) 6. Neighborhood Characteristics: a. North: Single-family residential. Residential Medium Density (RMD) Comprehensive Plan Designation; Residential-6 (R-6) Zoning District b. East: Single-family residential. Residential Medium Density (RMD) Comprehensive Plan Designation; Residential-6 (R-6) Zoning District c. South: Single-family residential. Residential Medium Density (RMD) Comprehensive Plan Designation; Residential-8 (R-8) Zoning District d. West: Single-family residential. Residential Medium Density (RMD) Comprehensive Plan Designation; Residential-6 (R-6) Zoning District 7. Site Area: 0.18 acres Docusign Envelope ID: 3E2B55F3-6ADA-4562-8508-5633F3BBE391 City of Renton Department of Community & Economic Development Deck Replacement Project Administrative Report & Decision LUA25-000094, V-A Report of May 21, 2025 Page 3 of 10 D_Administrative_Variance_LUA25-000094_250520_Final D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 6153 12/09/2024 Zoning N/A 6154 12/09/2024 Annexation (Kennydale) N/A 2531 12/31/1969 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 9 Permits – Specific a. Section 4-9-250: Variances, Waivers, Modifications, and Alternates 4. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element G. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on March 24, 2025 and determined the application complete on April 9, 2025. This Type II Permit complies with the 100-day review time period. 2. The applicant’s submittal materials comply with the requirements necessary to process the administrative variance request (Exhibits 2-6). 3. The project site is located at 1110 N 36th St Renton, WA 98056 (APN 3342103090). 4. The project site is currently developed with a single family dwelling which has two (2) exterior doors that lead to the rear yard deck. 5. Access to the site would be provided via an existing driveway extending north from N 36th St. 6. The site is located within the Residential Medium Density (RMD) Comprehensive Land Use Designation. 7. The site is located within the Residential-6 (R-6) zoning classification. 8. The site is mapped with regulated slopes (>15% & <=25%) through portions of the property. Docusign Envelope ID: 3E2B55F3-6ADA-4562-8508-5633F3BBE391 City of Renton Department of Community & Economic Development Deck Replacement Project Administrative Report & Decision LUA25-000094, V-A Report of May 21, 2025 Page 4 of 10 D_Administrative_Variance_LUA25-000094_250520_Final 9. The applicant has partially completed the deck without a permit. The applicant estimates the deck to be seventy five percent (75%) complete with deck boards and railing remaining. 10. The following variance regulations have been requested by the applicant: RMC Code Citation Required Standard Requested Variance RMC 4-2-110A, Development Standards for Residential Zoning Designations (Primary Structures) and footnote 4. RMC 4-2-110E.4.c, Conditions Associated with Development Standars Table for Residential Zoning Designations, Allowed Projections into Setbacks – Steps and Decks: Uncovered steps and decks not exceeding eighteen inches (18") above the finished grade may project to any property line. Uncovered steps and decks having no roof covering and not exceeding forty two inches (42") high may be built within the front yard setback. Uncovered steps and decks exceeding eighteen inches (18") above the finished grade are required to maintain the minimum 25-foot (25’) minimum rear yard setback for the R-6 zone. Requesting an Administrative Variance under RMC 4-9-250B.6 to allow the proposed deck over eighteen inches (18") above the finished grade to project five feet (5’) into the required rear yard setback. 11. Staff received twelve (12) public comments (Exhibit 7) and one (1) owner comment (Exhibit 9) during the public comment period. To address public comments, the following report contains analysis and project information related to the proposed deck encroachment into the rear yard setback. 12. No other public or agency comments were received. 13. 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 10). 14. Comprehensive Plan Compliance: The site is designated Residential Medium Density (RMD) on the City’s Comprehensive Plan Map. The RMD district applies to areas that can support high-quality, compact, urban development with access to urban services, transist, and infrastructure, whether through new development or through infill development. The proposal is compliant with the following Comprehensive Plan Goals and Policies if all conditions of approval are met: Compliance Comprehensive Plan Analysis ✓ Policy LU-46: Consider scale and context for infill project design to preserve privacy and quality of life for residents. ✓ Policy LU-48: Respond to specific site conditions such as topography, natural features, and solar access to encourage energy savings and recognize the unique features of the site through the design of subdivisions and new buildings. Docusign Envelope ID: 3E2B55F3-6ADA-4562-8508-5633F3BBE391 City of Renton Department of Community & Economic Development Deck Replacement Project Administrative Report & Decision LUA25-000094, V-A Report of May 21, 2025 Page 5 of 10 D_Administrative_Variance_LUA25-000094_250520_Final 15. 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: According to City of Renton (COR) maps, the site contains slopes greater than 15% and less than or equal to 25% throughout portions of the property. Per RMC 4-3-050, these slopes are not classified as Sensitive or Protected Slopes and therefore, the proposed development is not subject to a critical area buffer or critical area setback requirements. No Very High Landslide Hazard Areas are mapped on the site. The proposed replacement deck would have limited land disturbance as it would occupy a similar footprint and height as the previously existing rear yard structure with no grading proposed. As such, the project does not trigger additional review or mitigation related to geologically hazardous areas under current code provisions. 16. Reasonable Use Variance Analysis: The applicant is requesting an Administrative Variance from the provisions of Renton Municipal Code (RMC) to construct an approximately 726 square foot uncovered deck within the regulated rear yard setback as a result of a code violation case (CODE25- 000047). The proposal complies with the variance criteria under RMC 4-9-250B.6. Therefore, staff recommends approval of the requested variance, if all conditions of approval are complied with: Compliance Variance Special Review Criteria and Analysis ✓ a. That 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, 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. Staff Comment: The applicant contends that granting the setback variance would allow for a residential use of the property that is consistent with surrounding single-family properties in the R-6 zone. The applicant states that strict adherence to the 25-foot (25’) rear yard setback would deprive them of rights and privileges enjoyed by other property owners in the vicinity. The applicant further contends that many nearby homes on N 36th St, including those within the Kennydale neighborhood, have primary, secondary, or tertiary structures such as decks that encroach into the required rear setback area. The applicant has observed a pattern of development where such encroachments are commonplace and notes that several recently built properties appear to be constructed within the 25-foot (25’) rear yard setback. Without a setback variance, the applicant believes they would be unfairly restricted and placed at Docusign Envelope ID: 3E2B55F3-6ADA-4562-8508-5633F3BBE391 City of Renton Department of Community & Economic Development Deck Replacement Project Administrative Report & Decision LUA25-000094, V-A Report of May 21, 2025 Page 6 of 10 D_Administrative_Variance_LUA25-000094_250520_Final a disadvantage compared to neighboring property owners who enjoy similar use of their rear yards (Exhibit 6). Staff has received and reviewed twelve (12) public comments (Exhibit 7) in support of the variance, with neighbors citing similar constraints on their lots and expressing no objection to the proposed five-foot (5’) encroachment into the required 25-foot (25’) minimum rear yard setback (Exhibit 7 and 8). This level of neighborhood support and the replacement nature of the existing 536 square foot deck with an approximately 726 square foot replacement deck, supports the finding that strict application of the zoning code may cause unnecessary hardship by depriving the applicant of the rights and privileges commonly enjoyed by other nearby property owners who are under the same zoning classification by applying setbacks greater than the setbacks in place at the time of initial construction. Furthermore, the applicant’s rear yard is partially constrained by topography of the lot, limiting the functional buildable area within the rear yard. Moreover, the main access from the home to the rear yard is elevated above the finished grade. Together the regulated slopes and the existing access points to the rear portion of the home create practical difficulties and an unnecessary hardship for the applicant to build a rear yard deck less than eighteen inches (18") above the finished grade as the height of the proposed deck must align with the height of the existing doors that lead to the backyard. Staff concurs that many other residential property owners in the vicinity have elevated decks that encroach into the rear yard setback above what is allowed by current code and that strict interpretation of the development regulations would deprive the applicant of provileges enjoyed by those nearby owners. Compliant if condition of approval is met b. 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. Staff Comment: The applicant asserts that granting the variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. The new deck is intended to replace the previous deck, which has been in place since 2015, and was removed due to health and safety concerns. The proposed deck is similar in size and design to the old deck, meaning it would have the same impact on the neighborhood. The applicant notes that the height of the deck remains unchanged, meaning it would not affect uphill or downhill neighbors’ properties. Since the deck is proposed to be uncovered, it would not obstruct views or light exposure for surrounding properties. Additionally, the applicant points out that their northern neighbor, who shares the rear property line, has a large parcel with no structures near the rear of the property, further minimizing the impact on neighboring lots (Exhibit 6). Staff has reviewed the applicant’s justifications and concurs with the applicant’s statement that the proposed variance would not be materially detrimental to the public welfare or injurious to surrounding properties. The new deck would replace an existing structure and the design and height would not differ from the previous deck, ensuring minimal impact on the surrounding area (Exhibits 2-5). Since the deck is uncovered and setback at least 20 feet (20’) from the rear property line, it would not obstruct views or light exposure for neighboring Docusign Envelope ID: 3E2B55F3-6ADA-4562-8508-5633F3BBE391 City of Renton Department of Community & Economic Development Deck Replacement Project Administrative Report & Decision LUA25-000094, V-A Report of May 21, 2025 Page 7 of 10 D_Administrative_Variance_LUA25-000094_250520_Final properties. The absence of objections from neighboring properties, along with the twelve (12) public comments in support of the variance, further supports the finding that the variance would not be injurious to nearby properties or improvements (Exhibits 7 and 8). Additionally, the proposed deck would not negatively affect the character of the neighborhood, as it aligns with the established development patterns in the area. Staff concludes that granting the variance would not harm public welfare or neighboring properties within the R-6 zone. To ensure minimal impact on the surrounding area, staff recommends a condition of approval, that the applicant’s deck replacement project maintain a minimum 20-foot (20’) rear yard setback and remain uncovered to ensure minimal impact on surrounding properties. ✓ c. That 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. Staff Comment: The applicant contends that there are many homes on N 36th St with structures and decks that encroach into the 25-foot (25’) rear yard setback. The applicant further contends that approval of the variance would not be considered a special privilege as many structures in the vicinity already encroach into the current 25-foot (25’) rear yard setback applicable to the R-6 zone. The applicant maintains that the proposed deck is essential to their daily life, serving as an important space with value beyond its cost or potential resale value. The applicant contends that granting the variance would allow them to use their property in a similar way to other homes in the neighborhood while staying within the typical range of encroachments and would enable them to use their home in a way that is important to their family, similar to other properties in the vicinity, without negatively impacting their neighbors (Exhibit 6). Staff has reviewed the applicant’s justification and concurs with the applicant that granting the variance would not constitute a special privilege inconsistent with other properties in the vicinity and under the same zoning designation. Prior to the R-6 rezone, many homes on N 36th St, as well as other properties in the surrounding area, include structures and decks that encroach into the current 25-foot (25’) rear yard setback. The proposed deck replacement would align with this established development pattern and would not introduce a unique or privileged situation for the applicant. Furthermore, granting the variance request would allow the applicant to use their property in a manner that is similar to other properties in the neighborhood, including the opportunity for ingress and egress into and out of the existing house to the backyard. As a result, staff concludes that granting the variance would not create a special privilege but would enable the applicant to reasonably use their property consistent with other properties in the vicinity. ✓ d. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: The applicant contends that the approval of the variance is the minimum necessary to accomplish their desired purpose. Within the rear yard setback, the new deck replacement is 47 feet (47’) in length by 10 feet (10’) wide of the back of the house (Exhibits 2 and 3). As a result, the proposed deck Docusign Envelope ID: 3E2B55F3-6ADA-4562-8508-5633F3BBE391 City of Renton Department of Community & Economic Development Deck Replacement Project Administrative Report & Decision LUA25-000094, V-A Report of May 21, 2025 Page 8 of 10 D_Administrative_Variance_LUA25-000094_250520_Final replacement project would be two feet (2’) wider than the old deck, increasing the deck’s size slightly from eight feet (8’) wide to 10 feet (10’) wide, and the length of the deck in the rear yard setback by four feet (4’). The applicant further contends that the additional two feet (2’) in width is necessary to make the deck more functional, emphasizing that the additional deck encroachment into the rear yard setback is not more than is necessary to provide a usable, safe, and enjoyable outdoor living space. In addition, the proposed deck replacement is the minimum size necessary to provide the desired functional space without negatively impacting the surrounding area, meet the applicant’s goals, and not encroach on side yard setbacks. Staff reviewed the variance request and concludes that the proposed setback encroachment and size of the replacement deck would be the minimum variance necessary to achieve the project goals and provide functional outdoor space without negatively impacting the surrounding area. Additionally, the deck replacement is not covered, further minimizing its impact on the surrounding area. Therefore, the proposed deck replacement project is found to be the minimum size necessary to achieve the desired purpose of the project. H. CONCLUSIONS: 1. The subject site is located in the Residential Medium Density (RMD) Comprehensive Plan designation and complies with the goals and policies established for this designation, see FOF 6 and FOF 14. 2. The subject site is located in the Residential-6 (R-6) zoning designation and complies with the zoning and development standards established for this designation, provided the applicant complies with City Code and conditions of approval, see FOF 7. 3. The proposed variance application complies with the Critical Areas Regulations, provided the applicant complies with City Code and conditions of approval, see FOF 15. 4. The proposed variance meets the four (4) variance decision criteria to be considered in making a decision on a variance request as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein, see FOF 16. 5. Key characteristics of the project include the construction of an uncovered approximately 726 square foot replacement deck, at the same height as the old deck that was removed, within the regulated rear yard setback. I. DECISION: The Deck Replacement Project Variance, File No. LUA25-000094, V-A, as depicted in Exhibit 2, is approved and is subject to the following condition: 1. The applicant’s deck replacement project shall maintain a minimum 20-foot (20’) rear yard setback and shall remain uncovered to ensure minimal impact on surrounding properties. Docusign Envelope ID: 3E2B55F3-6ADA-4562-8508-5633F3BBE391 City of Renton Department of Community & Economic Development Deck Replacement Project Administrative Report & Decision LUA25-000094, V-A Report of May 21, 2025 Page 9 of 10 D_Administrative_Variance_LUA25-000094_250520_Final DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Matthew Herrera, Planning Director Date TRANSMITTED on May 21, 2025 to the Owner/Applicant/Contact: Owner/Contact: Applicant: Tom Jarzynka 1110 N 36th St Renton, WA 98056 tomjarzynka@hotmail.com Amy Hirsh 1110 N 36th St Renton, WA 98056 amy_hirsh@hotmail.com TRANSMITTED via Email on May 21, 2025 to the Parties of Record: Jonathan Bye Nyle Campbell Don & Leilani Fleming jon@jonbye.com nylecampbell@gmail.com flemdl@hotmail.com Libby Green Albert & Becki Kao Kelvin Lank glibby49@gmail.com anadrmos@gmail.com kelvin.lank@gmail.com becki.kao@gmail.com Pamela & Paul Miller Koichi Osada Joyce Segur pj.miller@comcast.net ko@icejava.com jsegur@msn.com prmiller@comcast.net Phillip Ussery phillip.ussery@me.com TRANSMITTED on May 21, 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 June 4, 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 Docusign Envelope ID: 3E2B55F3-6ADA-4562-8508-5633F3BBE391 5/21/2025 | 1:51 PM PDT City of Renton Department of Community & Economic Development Deck Replacement Project Administrative Report & Decision LUA25-000094, V-A Report of May 21, 2025 Page 10 of 10 D_Administrative_Variance_LUA25-000094_250520_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: A 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. Docusign Envelope ID: 3E2B55F3-6ADA-4562-8508-5633F3BBE391 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Deck Replacement Project Land Use File Number: LUA25-000094, V-A LUA25-000094, V-A Date of Report May 20, 2025 Staff Contact Clark H. Close Current Planning Manager Project Owner/Contact Tom Jarzynka 1110 N 36th St Renton, WA 98056 Project Location 1110 N 36th St Renton, WA 98056 (APN 3342103090) The following exhibits are included with the Administrative report: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Existing Site Plan Map Exhibit 4: Neighborhood Detail Maps Exhibit 5: Project Narrative Exhibit 6: Variance Request Justification Exhibit 7: Public Comments from Jonathan Bye, Nyle Campbell, Don & Leilani Fleming, Libby Green, Albert & Becki Kao, Kelvin Lank, Pamela & Paul Miller, Koichi Osada, Joyce Segur, and Phillip Ussery Exhibit 8: Staff Response to Public Comments Exhibit 9: Owner’s Comment Exhibit 10: Advisory Notes Docusign Envelope ID: 3E2B55F3-6ADA-4562-8508-5633F3BBE391