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HomeMy WebLinkAboutD_Bull_ADU_CUP_Variance_250520_FinalDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
D_Bull_ADU_CUP_Variance_250520_Final
A.ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: May 20, 2025
Project File Number: PR24-000074
Project Name: Bull Conditional Use Permit and Critical Areas Variance for Accessory
Dwelling Unit Development
Land Use File Number: LUA24-000367, ECF, CU-A, V-A
Project Manager: Clark H. Close, Current Planning Manager
Owner/Applicant/Contact: Leah and Tristan Bull, 5424 NE 10th St, Renton, WA 98059
Project Location: 5424 NE 10th St, Renton, WA 98059 (APN 1023059365)
Project Summary: The applicant is requesting a Conditional Use Permit (CUP) and Critical
Areas Variance to construct a 968 square foot detached Accessory
Dwelling Unit (ADU) over a garage at 5424 NE 10th St, Renton, WA 98059
(APN 1023059365). The 1.26-acre parcel is located in the Residential-4 (R-
4) zoning district and is designated Residential Low Density (RLD) in the
Comprehensive Plan. The site currently contains an existing single-family
dwelling unit. According to City of Renton (COR) Maps, the site has
identified High Erosion Hazards, Regulated Slopes (>15% & <=40%), a
Category II Wetland, and a Type F (fish-bearing) stream (Honey Creek) that
flows through the western portion of the site. The applicant submitted a
Geotechnical Engineering Investigation, Wetland and Stream Delineation
Report, and Standard Stream Study with the application.
Site Area: 1.26 acres
Docusign Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2
City of Renton Department of Community & Economic Development
Bull CUP and CA Variance for ADU Development
Administrative Report & Decision
LUA24-000367, ECF, CU-A, V-A
Report of May 20, 2025 Page 2 of 22
D_Bull_ADU_CUP_Variance_250520_Final
B.EXHIBITS:
Exhibit 1-15: As shown in the Environmental Review Committee (ERC) Report and Exhibits,
dated May 5, 2025
Exhibit 16: Administrative Staff Report
Exhibit 17: Re-Notice of Application and Proposed Determination of Non-significance –
Mitigated (DNS-M), dated April 9, 2025
Exhibit 18: Environmental (SEPA) Determination of Non-significance – Mitigated (DNS-M),
dated May 5, 2025
C. GENERAL INFORMATION:
1.Owner(s) of Record:Leah and Tristan Bull
5424 NE 10th St, Renton, WA 98059
2.Zoning Classification:Residential-4 (R-4)
3.Comprehensive Plan Land Use
Designation:
Residential Low Density (RLD)
4.Existing Site Use:Existing single-family residence on a single-family
residential lot
5.Critical Areas:High Erosion Hazard, Regulated Slopes (>15% &
<=40%, Category II Wetland, and a Type F (fish-
bearing) stream (Honey Creek).
6.Neighborhood Characteristics:
a.North: Single-family residential. Residential Low Density (RLD) Comprehensive Plan
Designation; Residential-4 (R-4) Zoning District
b.East:Single-family residential. Residential Low Density (RLD) Comprehensive Plan
Designation; Residential-4 (R-4) Zoning District
c.South: Native Growth Protection Area (NGPA). Residential Low Density (RLD)
Comprehensive Plan Designation; Residential-4 (R-4) Zoning District
d.West:Single-family residential. Residential Low Density (RLD) Comprehensive Plan
Designation; Residential-4 (R-4) Zoning District
7.Site Area:1.26 acres
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 (Wedgewood
Lane)
N/A 5147 07/4/2005
DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2
City of Renton Department of Community & Economic Development Bull
CUP and CA Variance for ADU Development
Administrative Report & Decision
LUA24-000367, ECF, CU-A, V-A
Report of May 20, 2025 Page 3 of 22
D_Bull_ADU_CUP_Variance_250520_Final
Annexation and Zoning
Classification for the
Wedgewood Lane
Annexation
LUA05-057 5148 06/27/2005
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
a. Section 4-3-050: Conditional Use Permits
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: This property is served by King County Water District 90.
b.Sewer: This property is currently on septic. There is a 10-inch (10”) gravity wastewater main
located in NE 10th St.
c.Surface/Storm Water: There is a City of Renton 36-inch (36”) stormwater main to the south of
the property that discharges into Honey Creek stream on the property.
2.Streets: The proposed project fronts NE 10th St to the south and is classified as a Residential Access
Road with an existing ROW width of 42 feet (42’).
3.Fire Protection: Renton Regional Fire Authority (RRFA)
G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN:
1.Land Use Element
DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2
City of Renton Department of Community & Economic Development
Bull CUP and CA Variance for ADU Development
Administrative Report & Decision
LUA24-000367, ECF, CU-A, V-A
Report of May 20, 2025 Page 4 of 22
D_Bull_ADU_CUP_Variance_250520_Final
H. FINDINGS OF FACT (FOF):
1.The Planning Division of the City of Renton accepted the above master application for review on
November 21, 2024 and determined the application complete on December 26, 2024. Due to an
error in the initial notice, the application was re-noticed on April 9, 2025 (Exhibit 17).
2.The applicant’s submittal materials comply with the requirements necessary to process the
administrative conditional use and administrative reasonable use variance requests (Exhibits 2-10).
3.The project site is located at 5424 NE 10th St, Renton, WA 98059 (APN 1023059365).
4.The project site is currently developed with a single-family dwelling (Exhibit 2).
5.Access to the site would be provided via an existing driveway extending north from NE 10th 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 60 trees located on-site, of which the applicant is proposing to retain 46
trees (Exhibit 4).
9.The site is mapped with critical areas, including a high erosion hazard covering approximately 40
percent (40%) of the property in the northeast corner, regulated slopes between 15 and 40 percent
(15-40%) along the east side of the property, a Category II wetland (Wetland A) located on the west
portion of the property, and a Type F (fish-bearing) stream (Honey Creek) that flows through the
western portion of the site.
10.The applicant is proposing to complete the work within six (6) months upon permit approval.
11.Pursuant to the City of Renton’s Environmental Ordinance and SEPA (RCW 43.21C, 1971 as
amended), on May 5, 2025 the Environmental Review Committee issued a Determination of Non-
Significance – Mitigated (DNS-M) for the Bull Conditional Use Permit and Critical Areas Variance for
Accessory Dwelling Unit Development (Exhibits 1-15). The DNS-M included two (2) mitigation
measures. A 14-day appeal period commenced on May 5, 2025 and ended on May 19, 2025. 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:
a.The applicant shall comply with the recommendations outlined in the Geotechnical
Evaluation Report, prepared by GEO Group Northwest, Inc., dated July 27, 2022 (Exhibit 5),
as well as any future addenda.
b.The applicant shall prepare and submit an Inadvertent Discovery Plan (IDP) prior to the start
of any ground-disturbing activities. In addition, the applicant shall provide notification to
Tribes’ cultural committee prior to the start of construction per the Duwamish Tribe
Comments.
13.The following conditional use regulations have been requested by the applicant:
Renton Municipal Code
(RMC) Code Citation
Required Standard Requested Conditional Use
Permit Process
DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2
City of Renton Department of Community & Economic Development
Bull CUP and CA Variance for ADU Development
Administrative Report & Decision
LUA24-000367, ECF, CU-A, V-A
Report of May 20, 2025 Page 5 of 22
D_Bull_ADU_CUP_Variance_250520_Final
RMC 4-9-030, Conditional Use
Permit Review Criteria
ADUs shall not be permitted
between the primary structure
and the street unless
approved in the Conditional
Use Permit process per RMC
4-2-110C.
Requesting a Conditional Use
Permit (CUP) to allow the
Accessory Dwelling Unit
(ADU) to be located in front of
the primary residence due to
site constraints.
14.The following variance 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
150-foot wetland buffer and
a 15-foot building setback
for Category II wetlands
with a Moderate Habitat
Function (5-7 points).
Requesting a Reasonable Use
Variance under RMC 4-9-250B.6
to allow the proposed ADU to be
located within the wetland buffer
due to site constraints.
15.Staff received two (2) agency comment letters. One (1) from the King County Wastewater Treatment
Division (Exhibit 13) and the second from the Duwamish Tribe (Exhibit 11). The King County
Wastewater Treatment Division comment addresses concerns in the modification of wastewater
capacity for the lot. The Duwamish Tribe letter 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 15).
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 low density
residential uses. 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-3: Encourage infill development with a variety of housing types to meet
growth targets and provide a greater variety of housing options.
✓
Goal LU-I: Accommodate residential growth by:
•Supporting infill development on vacant and underutilized land in established
low-to-moderate-density residential neighborhoods, and
•Allowing development of new detached housing on large tracts of land outside
the City Center.
✓
Goal LU-P: Minimize adverse impacts to natural systems and address impacts of
past practice where feasible, through leadership, policy, regulation, and regional
coordination.
DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2
City of Renton Department of Community & Economic Development
Bull CUP and CA Variance for ADU Development
Administrative Report & Decision
LUA24-000367, ECF, CU-A, V-A
Report of May 20, 2025 Page 6 of 22
D_Bull_ADU_CUP_Variance_250520_Final
✓
Goal LU-U: Preserve, protect, and enhance the quality and functions of the City’s
sensitive areas including lakes, rivers, streams, intermittent stream courses and
their floodplains, wetlands, aquifer, wildlife habitats, and areas of seismic and
geological hazards.
✓
Policy LU-25: Minimize erosion and sedimentation in and near sensitive areas by
requiring appropriate construction techniques and resource practices, such as
low impact development.
✓ Policy LU-33: Ensure buildings, roads, and other built features are located on less
sensitive portions of a site when sensitive areas are present.
✓ Policy LU-46: Consider scale and context for infill project design to preserve
privacy and quality of life for residents.
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:
Compliance Critical Areas Analysis
Compliant if
SEPA
Mitigation
Measure is
Implemented
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 Engineering Investigation, prepared by GEO
Group Northwest, Inc., dated July 27, 2022 (Exhibit 5), was submitted with the
application. According to City of Renton GIS and COR Maps, the site is mapped
with High Erosion Hazard Areas and Regulated Slopes (>15% & ≤40%), with
sensitive slopes ranging from 15-25% and 25-40% along the northeastern portion
of the property. These slopes, while classified as regulated, present a low risk for
erosion or instability based on the findings of the geotechnical report.
The report characterizes subsurface conditions as consisting of medium-dense
silty sand and stiff clayey silt with groundwater seepage. Given the presence of
regulated slopes, the geotechnical recommendations incorporate a pile-
supported foundation system to mitigate potential settlement and ensure
structural stability. The proposed design adheres to best management practices
(BMPs) for erosion control, including temporary construction stabilization
measures and long-term drainage management.
The applicant’s proposal aligns with the geotechnical recommendations and is
consistent with RMC 4-3-050, ensuring compliance with the City of Renton’s
Environmental Critical Areas Regulations. Appropriate construction setbacks
and erosion control measures will be implemented to minimize impacts on the
regulated slopes and adjacent natural features. Per the Environmental Review
Committee, the applicant shall comply with the recommendations outlined in
the Geotechnical Evaluation Report, prepared by GEO Group Northwest, Inc.,
dated July 27, 2022 (Exhibit 5), as well as any future addenda. Compliance with
Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2
City of Renton Department of Community & Economic Development
Bull CUP and CA Variance for ADU Development
Administrative Report & Decision
LUA24-000367, ECF, CU-A, V-A
Report of May 20, 2025 Page 7 of 22
D_Bull_ADU_CUP_Variance_250520_Final
the recommendation will be reviewed during the civil construction permit
process.
Compliant if
condition of
approval is
met
Streams: The following buffer requirements are applicable to streams in
accordance with RMC 4-3-050G.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: A Wetland and Stream Delineation Report, prepared by
DCG/Watershed, dated November 21, 2023 (Exhibit 6), found the on-site stream
to be a Type F (fish-bearing) stream identified as Honey Creek, with an associated
115-foot (115’) buffer extending across a significant portion of the property. The
geotechnical engineer determined that the project would not have a negative
effect on fish habitat or related considerations. Honey Creek is a stream that runs
through the parcel, originating on the parcel in a 12-inch (12”) corrugated metal
culvert that runs underneath NE 10th St, flowing to the north through a natural
stream corridor, before flowing into May Creek and ultimately flowing into Lake
Washington. According to the Wetland and Stream Delineation Report, prepared
by DCG/Watershed, dated November 21, 2023 (Exhibit 6), the on-site stream
loses channel definition after approximately 30 feet (30’) northwest of the culvert
and there are no discernable bed banks or Ordinary High-Water Mark (OHWM)
beyond this point. Following a site visit, DCG/Watershed determined that the
stream met the criteria for containing fish habitat with a bankfull width of at least
two feet (2’) and a gradient of less than 16%. In addition, the downstream reach
also met the criteria for containing fish habitat. As a result, DCG/Watershed
classified the on-site stream as a Type F stream requiring a standard buffer of 115
feet (115’) with a 15-foot (15’) building and structure setback beyond the stream
buffer. The applicant's proposal has been reviewed for potential impacts to
stream function and buffer encroachment. Due to on-site critical area
constraints, the proposed ADU is located within the required stream buffer width;
however, the project incorporates mitigation measures to minimize impacts. The
applicant has proposed buffer enhancement, erosion control, and stormwater
management strategies to offset potential environmental effects. To ensure
compliance with RMC 4-3-050, staff recommends, as a condition of approval,
that the applicant submit a Wetland Mitigation Plan demonstrating how the
project will achieve no net loss of wetland and stream functions. The plan shall
include details on restoration efforts, monitoring, and maintenance, and shall be
submitted for review and approval by the Current Planning Project Manager prior
to building permit issuance.
N/A
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: Not applicable. The site is not within a wellhead protection area.
Compliant if
conditions of
Wetlands: The following buffer requirements are applicable to wetlands in
accordance with RMC 4-3-050G.2:
Docusign Envelope ID: 2EA6AE70-E1DH-4608-B893-H70D28DB91B2
City of Renton Department of Community & Economic Development
Bull CUP and CA Variance for ADU Development Administrative Report & Decision
LUA24-000367, ECF, CU-A, V-A
Report of May 20, 2025 Page 8 of 22
D_Bull_ADU_CUP_Variance_250520_Final
approval are
met 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 Wetland and Stream Delineation Report, prepared by
DCG/Watershed, dated November 21, 2023, was submitted with the application
(Exhibit 6). According to the report, one (1) on-site wetland (Wetland A) and one
(1)stream (Stream A, identified as Honey Creek) are present within the subject
property. Wetland A has been classified as a Category II wetland based on
Washington State’s Wetland Rating System (Hruby 2014), with a habitat score of
six (6). Per RMC 4-3-050G.2, a 150-foot (150’) buffer is required for Category II
wetlands, along with an additional 15-foot (15’) building and structure setback
from the buffer’s edge. The wetland extends off-site to the west and north and
connects hydrologically to another off-site wetland (Wetland B) south of NE 10th
St. The applicant proposes development within the wetland buffer, citing site
constraints and limited buildable area.
The proposed Accessory Dwelling Unit (ADU) is located within the wetland and
stream buffers. The ADU will encroach into the wetland buffer by 120 feet and 5
inches (120’ 5”). To mitigate for potential impacts, the applicant has proposed a
buffer enhancement plan, including the removal of invasive species, planting of
native wetland vegetation, and restoration efforts within the remaining buffer
areas. Therefore, staff recommended, as a condition of approval, that the
applicant submit a Wetland Mitigation Plan demonstrating how the project would
achieve no net loss of wetland and stream functions, with details on restoration
efforts, monitoring, and maintenance.
All restoration work must follow the five-year monitoring and maintenance plan
in accordance with RMC 4-3-050L.3 to ensure the establishment of native
vegetation, removal of invasive regrowth, and to ensure no net loss of ecological
functions and values.
DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2
City of Renton Department of Community & Economic Development
Bull CUP and CA Variance for ADU Development
Administrative Report & Decision
LUA24-000367, ECF, CU-A, V-A
Report of May 20, 2025 Page 9 of 22
D_Bull_ADU_CUP_Variance_250520_Final
20.
Conditional Use Analysis: The applicant is requesting a Conditional Use Permit (CUP) to allow the
Accessory Dwelling Unit (ADU) to be located in front of the primary residence due to critical area site
constraints. The proposal is compliant with the following conditional use criteria, pursuant to RMC
4-9-030D. Therefore, staff recommends approval of the requested Conditional Use Permit.
Compliance Conditional Use Criteria and Analysis
✓
a.Consistency with Plans and Regulations: The proposed use shall be
compatible with the general goals, objectives, policies and standards of the
Comprehensive Plan, the zoning regulations and any other plans, programs,
maps or ordinances of the City of Renton.
Staff Comment: The project site is located within the Residential Low Density
(RLD) Comprehensive Plan Land Use Designation. In accordance with Policy LU-
3, the proposed detached Accessory Dwelling Unit (ADU) over a garage is
consistent with this City of Renton Comprehensive Plan, which encourages
diverse housing options and infill development with a variety of housing types to
meet growth targets and provide a greater variety of housing options. See FOF 18,
Comprehensive Plan Compliance for additional comprehensive plan policies
and goals.
The project is located within the Residential-4 (R-4) zoning district, where ADUs
are a permitted use. The proposal maintains required height, and design
In addition, the applicant is proposing erosion control and stormwater
management measures, including Best Management Practices (BMPs) such as
silt fencing, sediment control measures, and stormwater filtration, to prevent
degradation of wetland and stream functions (Exhibit 2). Low-impact
development (LID) strategies such as permeable pavement, infiltration trenches,
and bioretention would be used to manage runoff. Final construction plans would
be reviewed for consistency with the erosion control measures and low-impact
development (LID) strategies, such as permeable pavement, infiltration
trenches, and bioretention, to prevent sedimentation and maintain water quality
within the critical area buffers.
To ensure compliance with RMC 4-3-050, staff recommends, as a condition of
approval, that the applicant submit draft easement documents for the
establishment of an on-site Native Growth Protection Easement (NGPE) over the
delineated Category II wetland and associated buffers, protecting the on-site
portions of the wetland buffer in perpetuity, and as shown in the Wetland and
Stream Delineation Report, prepared by DCG/Watershed. The draft documents
shall be reviewed and approved by the Current Planning Project Manager prior to
acceptance of a building permit application. Furthermore, the Native Growth
Protection Easement shall be recorded prior to issuance of the building permit.
The NGPE would be required to follow best available science along with the
installation of split-rail fencing and wetland buffer signage to delineate and
protect the critical area. Furthermore, the NGPE may allow access through the
critical area buffers to the existing detached dwelling and proposed Accessory
Dwelling Unit.
Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2
City of Renton Department of Community & Economic Development
Bull CUP and CA Variance for ADU Development
Administrative Report & Decision
LUA24-000367, ECF, CU-A, V-A
Report of May 20, 2025 Page 10 of 22
D_Bull_ADU_CUP_Variance_250520_Final
standards, ensuring compatibility with the surrounding residential character
(Exhibits 8 and 9).
✓
b.Appropriate Location: The proposed location shall not result in the
detrimental overconcentration of a particular use within the City or within the
immediate area of the proposed use. The proposed location shall be suited for
the proposed use.
Staff Comment: The proposed Accessory Dwelling Unit (ADU) is located on a
residential lot within an area zoned for single-family use. The addition of an ADU
is consistent with the City’s Comprehensive Plan goals and policies of increasing
housing options and providing diverse residential opportunities. The proposed
location does not result in an overconcentration of ADUs within the area as ADUs
are considered an accessory residential use that supports infill development
without fundamentally altering the character of the neighborhood.
The subject property presents site constraints due to the presence of wetlands,
stream buffers, and sloped topography, which limit the buildable area. The
applicant has demonstrated that alternative locations were considered but were
infeasible due to environmental restrictions and potential impacts on critical
areas. The proposed ADU location minimizes site disturbance while still meeting
required setbacks where feasible. The project is conditioned to comply with
restoration efforts, monitoring, and maintenance to ensure compatibility with the
surrounding environment.
Given that ADUs are a permitted accessory use within the zoning designation,
and the proposal adheres to critical area regulations and mitigation
requirements, staff finds that the proposed location is appropriate and does not
contribute to a detrimental overconcentration of this use within the city or
immediate area. The site is suited for the proposed use, provided that all required
mitigation and environmental protection measures are implemented as
conditioned.
✓
c.Effect on Adjacent Properties: The proposed use at the proposed location
shall not result in substantial or undue adverse effects on adjacent property.
Staff Comment: The proposed Accessory Dwelling Unit (ADU) is located within a
residential neighborhood and is consistent with the existing single-family
residential use of the property. The addition of an ADU is not expected to result in
substantial or undue adverse effects on adjacent properties, as it would maintain
appropriate setbacks and be designed to minimize impacts on neighboring
properties. The proposed structure is residential in scale, and its placement
within the lot has been selected to reduce visual and environmental impacts
while preserving privacy for adjacent properties.
The primary concern regarding potential adverse effects relates to the wetland
and stream buffers present on the site. No significant increase in stormwater
runoff or drainage issues are anticipated as the project includes low-impact
development (LID) techniques to manage stormwater on-site (Exhibits 5-7).
Additionally, the proposed ADU would be accessed via the existing driveway,
reducing the need for significant modifications to site circulation or additional
impervious surfaces. The project is not expected to generate excessive noise,
Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2
City of Renton Department of Community & Economic Development
Bull CUP and CA Variance for ADU Development
Administrative Report & Decision
LUA24-000367, ECF, CU-A, V-A
Report of May 20, 2025 Page 11 of 22
D_Bull_ADU_CUP_Variance_250520_Final
traffic, or other nuisances that would negatively impact neighboring properties.
Compliance with Renton Municipal Code and mitigation measures required as
conditions of approval would ensure that any potential effects on adjacent
properties remain minimal.
Based on these considerations, staff finds that the proposed ADU will not result
in substantial or undue adverse effects on adjacent properties and is compatible
with the surrounding residential uses.
✓
d.Compatibility: The proposed use shall be compatible with the scale and
character of the neighborhood.
Staff Comment: The proposed Accessory Dwelling Unit (ADU) is designed to be
compatible with the scale and character of the surrounding residential
neighborhood. The subject property is located in a single-family residential zone
where ADUs are considered an appropriate and compatible accessory use. The
size of the ADU, at 968 square feet, is within the allowable limits for accessory
structures and is designed to complement the existing primary residence rather
than dominate the lot.
In addition, the proposed ADU would be residential in appearance and is
anticipated to maintain consistency with the architectural character of the
neighborhood. Its placement within the lot has been selected to minimize visual
impacts while maintaining required setbacks where feasible. Landscaping and
buffer enhancements would further integrate the structure into the existing
environment and maintain neighborhood aesthetics.
✓
e.Parking: Adequate parking is, or will be made, available.
Staff Comment: The proposed detached Accessory Dwelling Unit (ADU) includes
a two-car garage, which would provide dedicated off-street parking for the ADU.
The existing driveway would remain accessible, ensuring sufficient parking for
both the primary residence and the proposed ADU and the second driveway to
the lot will be removed. The project complies with City of Renton parking
requirements for ADUs, which mandates that at least one (1) off-street parking
space be provided for the accessory unit. As the proposed design exceeds this
requirement, adequate parking is available and no on-street parking impacts are
anticipated (Exhibit 8).
✓
f.Traffic: The use shall ensure safe movement for vehicles and pedestrians and
shall mitigate potential effects on the surrounding area.
Staff Comment: The proposed detached Accessory Dwelling Unit (ADU) would
not generate a significant increase in traffic as ADUs are typically low-impact
residential uses. The project maintains the existing driveway access, ensuring
safe vehicle entry and exit without disrupting traffic flow on NE 10th St. Adequate
off-street parking is provided, preventing overflow onto public streets.
Additionally, the site design maintains clear pedestrian pathways and does not
obstruct visibility for vehicles or pedestrians. Given the limited scale of the ADU
and its compliance with City of Renton traffic and safety regulations, no adverse
traffic impacts are anticipated (Exhibit 10).
✓ g.Noise, Light and Glare: Potential noise, light and glare impacts from the
proposed use shall be evaluated and mitigated.
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Staff Comment: The proposed detached Accessory Dwelling Unit (ADU) is a low-
intensity residential use, consistent with the surrounding single-family
neighborhood. No significant noise, light, or glare impacts are anticipated beyond
those typical for residential properties. The design and placement of the
proposed ADU would ensure that outdoor lighting is directed downward to
prevent glare on adjacent properties. Standard residential noise levels are
expected, and the project does not include any commercial or high-intensity
activities that would generate excessive noise. The garage placement and
existing vegetation further serve as natural buffers to minimize potential light and
noise impacts.
✓
h.Landscaping: Landscaping shall be provided in all areas not occupied by
buildings, paving, or critical areas. Additional landscaping may be required to
buffer adjacent properties from potentially adverse effects of the proposed
use.
Staff Comment: Landscaping would be provided in all areas not occupied by
buildings, paving, or critical areas, in compliance with RMC 4-4-070. The
proposed Accessory Dwelling Unit (ADU) is located within a site that contains
wetlands, stream buffers, and sloped topography, which naturally limit
development areas. To mitigate the project’s impact and ensure compatibility
with the surrounding environment, the applicant has proposed a buffer
enhancement plan that includes the removal of invasive species and the
installation of native vegetation within the wetland and stream buffers (Exhibits 2
and 9).
The existing site contains mature vegetation that would be preserved where
feasible, and additional landscaping elements may be required to provide a
natural buffer between the ADU and adjacent properties (Exhibit 3). The project
would be subject to landscaping and restoration requirements as part of the
wetland and stream buffer mitigation plan. New landscaping will be reviewed for
consistency with the city’s native plant requirements to enhance ecological
function while providing visual screening where necessary.
Final landscaping details will be reviewed as part of the building permit process
to ensure compliance with Renton’s landscaping standards. Staff finds that, with
implementation of the proposed buffer restoration and landscaping measures,
the project will meet landscaping requirements and help mitigate potential visual
and environmental impacts.
N/A
i.Specific Requirements for Kennels and Pet Daycares: In addition to the
criteria above, the following criteria shall also be considered for kennel and
pet daycare applications:
a.History: Past history of animal control complaints relating to the
applicant’s dogs and cats at the address for which the kennel and/or pet
daycare is located or to be located. Conditional Use Permits shall not be
issued for kennels or pet daycares to applicants who have previously had
such permits revoked or renewal refused, for a period of one (1) year after
the date of revocation or refusal to renew.
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b.Standards for Keeping Animals: The applicant or facility owner shall
comply with the requirements of RMC 4-4-010, Animal Keeping and
Beekeeping Standards.
Staff Comment: The proposed project is for a detached Accessory Dwelling Unit
(ADU) over a garage and does not involve the establishment of a kennel or pet
daycare facility. Therefore, the specific requirements outlined in RMC 4-9-030D
for kennels and pet daycares are not applicable to this application.
N/A
j.Specific Requirements for Secure Community Transition Facilities (SCTF),
Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service
Facilities (CDIS): In addition to the criteria in RMC 4-9-030D.1 through 4-9-
030D.8, the following criteria shall be considered for secure community
transition facilities, crisis diversion facilities, and interim service facilities:
a.Whether alternative locations were reviewed and consideration was given
to sites that are farthest removed from any risk potential activity;
b.Whether adequate buffering is provided from abutting and adjacent uses;
c.Whether adequate security is demonstrated by the applicant;
d.Whether public input was provided during the site selection process; and
e.For SCTF there is no resulting concentration of residential facility beds
operated by the Department of Corrections or the Mental Health Division of
the Department of Social and Health Services, the number of registered sex
offenders classified as Level II or Level III, and the number of sex offenders
registered as homeless in a particular neighborhood, community,
jurisdiction or region.
Staff Comment: The proposed project is for a detached Accessory Dwelling Unit
(ADU) and does not involve the establishment of a Secure Community Transition
Facility (SCTF), Crisis Diversion Facility (CDF), or Crisis Diversion Interim Service
Facility (CDIS). Therefore, the specific criteria outlined in RMC 4-9-030D for these
facility types are not applicable to this application.
N/A
k.Specific Requirements for Live-Work Units: In addition to the criteria in RMC
4-9-030D.1 through 4-9-030D.8 and the development standards of the zone
where the unit(s) is proposed, the following criteria shall be considered;
a.Each unit shall:
i.Not exceed a maximum of one thousand (1,000) square feet of
nonresidential space for commercial activity;
ii.Include all nonresidential space, to the maximum allowed,
constructed to commercial building standards;
iii.Provide an internal connection between the residential and
nonresidential space within each unit; and
iv.Provide a street presence and pedestrian-oriented façade for the
nonresidential space.
b.Only following uses are allowed within the nonresidential space of a unit:
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i.Eating and drinking establishments;
ii.On-site services; and
iii.Retail sales.
c.Within the Residential-14 (R-14) Zone, live-work units shall only be
allowed along primary, minor, and collector arterials.
d.Within the Commercial Arterial (CA) Zone, live-work units shall only be
allowed at a distance of one hundred fifty feet (150’) or greater from and
arterial.
Staff Comment: The proposed project is for a detached Accessory Dwelling Unit
(ADU) and does not involve the establishment of a live-work unit. Therefore, the
specific requirements outlined in RMC 4-9-030D for live-work units are not
applicable to this application.
21.Reasonable Use Variance Analysis: The applicant is requesting a variance to allow for the
construction of an Accessory Dwelling Unit (ADU) within the required 150-foot (150’) wetland buffer
and 115-foot (115’) stream buffer due to significant site constraints limiting the buildable area. The
subject property is highly encumbered by critical areas, including a Category II wetland (Wetland A)
and a Type F (fish-bearing) stream (Stream A), making full compliance with standard buffer
requirements infeasible. The proposal complies with the Reasonable Use Variance criteria under
RMC 4-9-250B.6, which allows for development on constrained legal lots when the strict application
of zoning regulations would deprive the property owner of reasonable use. 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 Special Review 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 that granting the Reasonable Use
Variance would allow for a reasonable residential use of the property,
consistent with surrounding single-family properties in the R-4 zone. The
site is significantly constrained by the presence of a Category II wetland
(Wetland A) with a 150-foot (150’) buffer and a Type F stream (Stream A)
with a 115-foot (115’) buffer, leaving limited buildable area outside of
critical area setbacks (Exhibit 2). The applicant has demonstrated that
alternative locations were considered but are not feasible due to
topographical constraints and the extent of environmental buffers
(Exhibits 3, 8 and 9). Strict application of the zoning code and critical areas
regulations, without the requested variance, would effectively preclude
reasonable residential development on the site.
Staff has reviewed the applicant’s justification and concurs with the
reasoning provided. Granting the variance allows the property owner to
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Administrative Report & Decision
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Report of May 20, 2025 Page 15 of 22
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establish an Accessory Dwelling Unit (ADU) while maintaining compliance
with the maximum impervious surface limit of 5,000 square feet, including
the residence, ADU, and driveway. The project has been designed to
minimize buffer encroachment, and the applicant will be required to
submit a Wetland Mitigation Plan that will require buffer restoration,
stormwater management strategies, and monitoring and maintenance
plan, to ensure no net loss of wetland and stream functions. Given the
constraints of the site and the efforts to mitigate impacts, staff finds that
the proposal meets the intent of the Reasonable Use Variance criteria and
is consistent with the surrounding residential development pattern. In
addition, see FOF 19, Critical Areas for recommended conditions of
approval.
✓
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 that granting the variance would
ensure that access to the proposed Accessory Dwelling Unit (ADU) has
the least possible impact on the wetland, stream, and associated buffers
due to two (2) key factors. First, the proposal utilizes an existing disturbed
area to minimize additional buffer encroachment, and second, the
applicant has incorporated buffer restoration and enhancement
measures to offset any unavoidable impacts and promote long-term
ecological function.
Staff has reviewed the applicant’s justifications and concurs with the
reasoning provided. Given the significant site constraints, including the
Category II wetland (Wetland A) and Type F stream (Stream A), alternative
access routes were evaluated but found to create greater environmental
disruption or be infeasible due to topographical and regulatory limitations.
The proposed second driveway on-site is to be removed, reducing the
driveway footprint and creating only one (1) main access/driveway for
both the single-family dwelling and the accessory dwelling unit. The
project would be conditioned to ensure adherence to stormwater
management, erosion control, and buffer enhancement requirements to
further minimize environmental impact (Exhibit 2).
✓
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
aligns with provisions for reasonable use where critical areas constraints
significantly limit development potential. The applicant further contends
that the Accessory Dwelling Unit (ADU) and access driveway have been
strategically located within previously disturbed areas to minimize
encroachment into the wetland and stream buffers and to preserve the
functions and values of the riparian habitat to the maximum extent
possible. The project includes buffer restoration measures, such as
removal of invasive species, replanting with native vegetation, and
implementation of stormwater management strategies, to enhance
ecological functions and offset the proposed buffer impacts.
Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2
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Administrative Report & Decision
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Report of May 20, 2025 Page 16 of 22
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Staff has reviewed the variance request and concludes that the proposed
encroachment into the wetland and stream buffers is the minimum
necessary to achieve reasonable residential use of the site. The primary
wetland and stream areas remain undisturbed, with only a portion of the
buffer impacted by the ADU and access. Additionally, the applicant has
will be subject to a complete Wetland Mitigation Plan prior to building
permit issuance. As a result, staff finds that the applicant has taken
appropriate measures to preserve wetland and stream functions and
values to the maximum extent possible while maintaining compliance
with critical areas regulations. In addition, see FOF 19, Critical Areas for
recommended conditions of approval.
✓
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 to offset
the encroachment into the wetland and stream buffers. The requested
variance has been minimized to only what is necessary to accommodate
the Accessory Dwelling Unit (ADU) and access driveway, with
encroachment carefully limited to previously disturbed areas where
feasible. The applicant further contends that the proposed buffer
restoration and enhancement measures, including removal of invasive
species, replanting with native vegetation, and implementation of
stormwater management strategies, would ensure that the variance
remains limited in scope while providing net environmental benefits, thus
meeting the intent of the zoning code for critical area protection.
Staff has reviewed the variance request and concludes that the proposed
encroachment into the wetland and stream buffers is the minimum
required to achieve reasonable residential use of the property while
preserving wetland and riparian functions. The proposal includes on-site
mitigation to the maximum extent possible, which would enhance habitat
quality and improve ecological functions within the affected buffers. For
example, the project would provide a higher-quality wetland and stream
buffer area by preserving significant trees, removing invasive vegetation,
and replanting with native species to improve buffer functionality.
Additionally, the project will include a maintenance and monitoring plan
to ensure the long-term success of mitigation efforts. Based on these
factors, staff finds that the applicant has taken appropriate steps to
maximize on-site mitigation while maintaining compliance with critical
area protection standards. In addition, see FOF 19, Critical Areas for
recommended conditions of approval.
✓
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 first before
impacting the wetland and stream buffers. The Accessory Dwelling Unit
(ADU) and primary residence are located entirely outside of the critical
areas, ensuring that no direct wetland or stream impact occurs. The only
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encroachment into the buffer is for the proposed structure and necessary
site access, which are unavoidable due to the extent of the wetland and
stream buffers on the property and the limited buildable area.
Staff has reviewed the variance request and concludes that the applicant
has demonstrated that no feasible alternative locations exist for the
driveway access and ADU without resulting in greater environmental
disruption. By keeping all structures outside the critical area and limiting
buffer encroachment to the minimum necessary, the proposal meets this
criterion. The project will include buffer restoration, invasive species
removal, and native plantings, to offset impacts and enhance the
ecological function of the affected buffer areas. Staff finds that the
development sequence aligns with the intent of critical area regulations,
ensuring that impacts are minimized and that noncritical areas are utilized
first. In addition, see FOF 19, Critical Areas for recommended conditions
of approval.
✓
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 Wetland and Stream Delineation Report,
prepared by DCG/Watershed, dated November 21, 2023, the project
would not impact any endangered, threatened, or sensitive species
(Exhibit 6). The report states that no federally or state-listed species have
been observed on-site, and public environmental data, including
Washington Department of Fish and Wildlife (WDFW) Priority Habitat and
Species (PHS) mapping, does not indicate the presence of critical habitat
within the project area. Additionally, the applicant’s mitigation plan
ensures that habitat functions remain intact and enhanced through buffer
restoration and improvement efforts.
The applicant is implementing buffer restoration and enhancement
measures, including removal of invasive species, replanting with native
vegetation, and stormwater management strategies, which would
improve rather than degrade ecological conditions. Given the findings of
qualified environmental professionals, as well as the proposed mitigation
efforts, staff concludes that the proposed development would not pose a
risk to any endangered, threatened, or sensitive species and meets the
requirements of RMC 4-9-250B.11.f.
✓
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.
Staff Comment: The subject property is a pre-existing legal lot that has
long been constrained by significant environmental conditions, including
a Category II wetland with a 150-foot (150’) buffer and a Type F stream with
a 115-foot (115’) buffer. These constraints existed prior to the applicant’s
request and were not artificially created through subdivision or any other
action by the property owner. The inability to develop the site under
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Report of May 20, 2025 Page 18 of 22
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standard zoning and critical area regulations is due to natural site
conditions rather than any attempt to circumvent zoning laws.
Without a Reasonable Use Variance, the applicant would be unable to
develop the property for its intended residential use, as no feasible
buildable area remains outside of critical area buffers. The proposed
variance is therefore a viable request to allow reasonable use of an
otherwise constrained property, ensuring that residential development
can occur while minimizing environmental impacts and implementing
necessary mitigation measures.
✓
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 environmental professionals.
The applicant has submitted a Wetland and Stream Delineation Report,
prepared by DCG/Watershed, dated November 21, 2023 (Exhibit 6), which
evaluates the functions and values of the wetland and stream buffers
using methodologies consistent with the Corps of Engineers Wetland
Delineation Manual (1987), the Western Mountains, Valleys, and Coast
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Regional Supplement (2010), and the Washington State Wetland Rating
System (Hruby 2014). The report provides a detailed assessment of soils,
hydrology, vegetation, and habitat functions, ensuring that the proposed
development is evaluated in accordance with best available science.
Staff has reviewed the submitted reports and concludes that the proposal
aligns with state and local critical area protection regulations. The
applicant’s wetland mitigation plan must include buffer restoration, native
vegetation replanting, stormwater management measures, and a five-
year monitoring and maintenance program, all of which are designed to
enhance rather than degrade buffer functions. Given the reliance on
scientific assessments and ecological mitigation strategies, the variance
request is fully supported by best available science, as required by WAC
365-195-905.
22.Availability and Impact on Public Services:
Compliance Availability and Impact on Public Services Analysis
✓
Police and Fire: Police and Fire Prevention staff indicates that sufficient
resources exist to furnish services to the proposed development; subject to the
condition that the applicant provides code required improvements and fees. Fire
Impact Fees are applicable at the rate of $579.41 per an accessory dwelling unit
(ADU). This fee is paid at time of building permit issuance.
✓
Schools: A School Impact Fee, based on new single-family lots, will be required
in order to mitigate the proposal’s potential impacts to the Issaquah School
District. The fee is payable to the city as specified by the Renton Municipal Code.
Currently the fee is assessed at $0.00 per accessory dwelling unit per the 2025
fee schedule.
✓
Parks: A Park Impact Fee would be required for the future houses. The current
Park Impact Fee is $2,659.70. The fee in effect at the time of building permit
application is applicable to this project and is payable at the time of building
permit issuance.
✓
Storm Water: An adequate drainage system shall be provided for the proper
drainage of all surface water.
Staff Comment: The property contains critical areas, including Honey Creek
Stream, which flows from south to north across the site. A 36-inch (36”) City of
Renton stormwater main is located to the south of the property and discharges
into Honey Creek. The site has High Erosion Hazard Areas and Regulated Slopes
between 15% and 25%. Any proposed development must comply with
stormwater regulations, including erosion control measures and potential
mitigation for impacts to critical areas.
✓
Water:
Staff Comment: Water service for the property is provided by King County Water
District 90. The applicant must obtain a Water Availability Certificate from the
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district at the time of building permit submittal. Any necessary water service
improvements or connections must comply with district requirements.
✓
Sanitary Sewer:
Staff Comment: The property is currently on a septic system. A 10-inch (10”)
gravity wastewater main is available in NE 10th St (record drawing S-327803), and
sewer service will be provided by the City of Renton. A new sewer stub will be
required to connect the proposed development to the existing main. The
applicant must coordinate with the city to ensure proper sewer design,
permitting, and connection.
I. CONCLUSIONS:
1.The subject site is located in the Residential Low Density (RLD) Comprehensive Plan designation and
complies with the goals and policies established for this designation, see FOF 6 and FOF 18.
2.The subject site at 5424 NE 10th St, Renton, WA 98059, is located in the Residential-4 (R-4) 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 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 proposed Administrative Conditional Use Permit and Reasonable Use Variance complies with
the Conditional Use Criteria and Analysis as established by City Code and state law, provided the
project complies with all advisory notes and conditions of approval contained herein, see FOF 20.
5.The proposed Administrative Conditional Use Permit and Reasonable Use Variance complies with
the Reasonable Use Variance Criteria and Analysis as established by City Code and state law,
provided the project complies with all advisory notes and conditions of approval contained herein,
see FOF 21.
6.There are adequate public services and facilities to accommodate the proposed accessory dwelling
unit, see FOF 22.
7.Key characteristics of the project include the construction of a 968-square-foot accessory dwelling
unit (1,175 square feet including building overhangs) on an environmentally constrained residential
lot while limiting encroachment into the wetland and stream buffers.
J. DECISION:
The Bull Conditional Use Permit and Critical Areas Variance for Accessory Dwelling Unit Development, File
No. LUA24-000367, ECF, CU-A, V-A, is approved and is subject to the following conditions:
1.The applicant shall comply with the two (2) mitigation measures issued as part of the Determination
of Non-Significance Mitigated by the Environmental Review Committee, dated May 5, 2025:
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a.The applicant shall comply with the recommendations outlined in the Geotechnical
Evaluation Report, prepared by GEO Group Northwest, Inc., dated July 27, 2022 (Exhibit 5),
as well as any future addenda.
b.The applicant shall prepare and submit an Inadvertent Discovery Plan (IDP) prior to the start
of any ground-disturbing activities. In addition, the applicant shall provide notification to
Tribes’ cultural committee prior to the start of construction per the Duwamish Tribe
Comments.
2.The applicant shall submit a Wetland Mitigation Plan demonstrating how the project would achieve
no net loss of wetland and stream functions, with details on restoration efforts, monitoring, and
maintenance. The Wetland Mitigation Plan shall be submitted for review and approval by the Current
Planning Project Manager prior to building permit issuance.
3.The applicant shall submit draft easement documents for the establishment of an on-site Native
Growth Protection Easement (NGPE) over the delineated Category II Wetland and associated
buffers, protecting the on-site portions of the wetland buffer in perpetuity, and as shown in the
Wetland and Stream Delineation Report, prepared by DCG/Watershed. The draft documents shall
be reviewed and approved by the Current Planning Project Manager prior to acceptance of a building
permit application. Furthermore, the Native Growth Protection Easement shall be recorded prior to
issuance of the building permit.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matthew Herrera, Planning Director Date
TRANSMITTED on May 20, 2025 to the Owner/Applicant/Contact:
Owner/Applicant/Contact:
Leah and Tristan Bull
5424 NE 10th St
Renton, WA 98059
tristan.m.bull@gmail.com
TRANSMITTED on May 20, 2025 to the Parties of Record:
Duwamish Tribe
Nancy Sackman
4705 W Marginal Way SW
Seattle, WA 98106
preservationdept@duwamishtribe.org
King County Wastewater Treatment Division
Emmeline Aquino
201 S Jackson St
Seattle, WA 98057
Davidkranderson@gmail.com
TRANSMITTED on May 20, 2025 to the following:
Gina Estep, CED Administrator
Brianne Bannwarth, Development Engineering Director
Stephanie Rary, Property Services Specialist
Clark Close, Current Planning Manager
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5/20/2025 | 7:22 AM PDT
City of Renton Department of Community & Economic Development
Bull CUP and CA Variance for ADU Development
Administrative Report & Decision
LUA24-000367, ECF, CU-A, V-A
Report of May 20, 2025 Page 22 of 22
D_Bull_ADU_CUP_Variance_250520_Final
Nathan Janders, Development Engineering Manager
Anjela Barton, Fire Marshal
K. 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 3, 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
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: Pursuant to RMC 4-9-030(G), a conditional use permit shall expire two (2) years from the date
of decision unless a complete building permit application has been submitted to the City prior to expiration.
A single one (1) year extension may be granted upon written request, provided the applicant demonstrates
good cause and substantial progress toward completion of the project.
Pursuant to RMC 4-9-250(H)(1), a variance shall expire two (2) years from the date of decision unless a
complete building permit application has been submitted to the City prior to expiration. A single one (1) year
extension may be granted upon written request if the applicant demonstrates good cause for the delay.
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:
Bull Conditional Use Permit and Critical Areas
Variance for Accessory Dwelling Unit
Development
Land Use File Number:
LUA24-000367, ECF, CU-A, V-A
Date of Report
May 20, 2025
Staff Contact
Clark H. Close
Current Planning Manager
Project Contact
Leah and Tristan Bull
5424 NE 10th St
Renton, WA 98059
Project Location
5424 NE 10th St
Renton, WA 98059
(APN 1023059365)
The following exhibits are included with the Administrative report:
Exhibit 1-15: As shown in the Environmental Review Committee (ERC) Report and Exhibits,
dated May 5, 2025
Exhibit 16: Administrative Staff Report
Exhibit 17: Re-Notice of Application and Proposed Determination of Non-significance –
Mitigated (DNS-M), dated April 9, 2025
Exhibit 18: Environmental (SEPA) Determination of Non-significance – Mitigated (DNS-M),
dated May 5, 2025
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