HomeMy WebLinkAboutD_Admin_Report_Bretzke_Variance_250620_FINALDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_Admin Report_Bretzke Variance_250620_FINAL
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: June 20, 2025
Project File Number: PR24-000001
Project Name: Bretzke Variance
Land Use File Number: LUA24-000327, ECF, V-A, V-A, MOD
Project Manager: Alex Morganroth, Principal Planner
Owner: Elena Fedorouk, PO Box 53046, Bellevue, WA 98005
Applicant: Yan Lifshaz, PO Box 53046, Bellevue, WA 98005
Contact: Jeffery Jones, J.S. Jones & Associates, Inc., PO Box 1908 Issaquah, WA 98027,
jeff.jsjones@comcast.net
Project Location: APN 1023059360
Project Summary: The applicant is requesting Environmental (SEPA) Review, a Reasonable Use
Variance, a Setback Variance, and a Street Modification in order to construct a
new two-story, 3,180 sq. ft. single-family home (detached dwelling unit) on
parcel number 1023059360. The unaddressed, undeveloped site is
approximately 11,374 sq. ft. (0.26 acres) in size and is located in the
Residential-4 du/ac (R-4) zone and Residential Low Density (LD)
Comprehensive Plan Land Use Designation. The adjacent property to the
south at 5521 NE 10th St (APN 1023059358), where mitigation is proposed with
approval of the property owner, is developed with a 1,880 sq. ft. single-family
home and an associated access structure. The applicant is requesting
deviations from critical area buffer/building setback standards and deviation
from the required front yard setback for the benefit of the new single-family
home. A Setback Variance is requested in order to allow the home to encroach
approximately ten feet (10’) into the front yard setback. A Reasonable Use
Variance is requested in order to allow the home to encroach approximately
118 feet (118’) into the wetland and stream buffers. Critical areas located on
the site include sensitive slopes and a high erosion hazard. A Category II
wetland and Type F stream (Honey Creek) are located on an adjacent site and
their buffers extend onto the subject site. The wetland also extends slightly
onto the subject site. The applicant proposes to retain all eight (8) trees. Total
critical area buffer impacts are approximately 8,258 sq. ft. The applicant
submitted a Drainage Assessment, Geotech Report, Fish and Wildlife Habitat
Assessment, Critical Area Study, Analysis and Mitigation Plan, and Tree
Protection Plan with the application materials.
Site Area: 0.26 acres
Docusign Envelope ID: 6CCD58B7-15D3-4DCC-AC3A-05437A56ADC7
City of Renton Department of Community & Economic Development Administrative Staff Report
Bretzke Variance LUA24-000327, V-A, V-A, MOD
Report of June 20, 2025 Page 2 of 21
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B. EXHIBITS:
Exhibit 1 - 16: As shown in the Environmental Review Committee Report dated February 10, 2025
Exhibit 17: Administrative Decision
Exhibit 18: Environmental (SEPA) Determination of Non-Significance – Mitigated (DNS-M),
dated February 10, 2025
C. GENERAL INFORMATION:
1. Owner(s) of Record: Elena Fedorouk, PO Box 53046, Bellevue, WA 98005
2. Zoning Classification: Residential-4 (R-4)
3. Comprehensive Plan Land Use
Designation:
Residential Low Density (LD)
4. Existing Site Use: Vacant
5. Critical Areas: High Erosion Hazard, Sensitive Slopes, Wetlands
(Category II), and a Stream (Type F)
6. Neighborhood Characteristics:
a. North: Single-family residential; Residential-4 (R-4) zone;
Residential Low Density (RLD)
b. East: Single-family residential; Residential-4 (R-4) zone;
Residential Low Density (RLD)
c. South: Critical Areas (Wetlands) Tract; Residential-4 (R-4)
zone; Residential Low Density (RLD)
d. West: Critical Areas (Wetlands) Tract; Residential-4 (R-4);
Residential Low Density (RLD)
7. Site Area: 0.26 acres
D. HISTORICAL/BACKGROUND:
Action Land Use File No. Ordinance No. Date
Wedgewood Lane Prezone LUA05-057 N/A 04/22/2005
Wedgewood Lane
Annexation
A-04-005 5147 07/04/2005
Lot Line Adjustment LUA06-088 N/A 01/18/2007
Comprehensive Plan N/A 6153 12/09/2024
Zoning N/A 6154 12/09/2024
E. PUBLIC SERVICES:
1. Existing Utilities
Docusign Envelope ID: 6CCD58B7-15D3-4DCC-AC3A-05437A56ADC7
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a. Water: Water service to the site is provided by King County Water District 90.
b. Sewer: Sewer service to the site is provided by the City of Renton. There is an existing 10-inch
(10”) PVC gravity wastewater main located in NE 10th St.
c. Surface/Storm Water: There is an existing 12-inch (12”) stormwater main on the south side of
NE 10th St at the west extent of the property.
2. Streets: The site fronts NE 10th St, a Residential Access Street with an existing right-of-way (ROW)
width of 60 feet (60’) along the north property line.
3. Fire Protection: Renton Regional Fire Authority (RRFA)
F. 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
2. Chapter 3 Environmental Regulations and Overlay Districts
a. Section 4-3-050: Critical Area Regulations
3. Chapter 4 City-Wide Property Development Standards
4. Chapter 6 Streets and Utility Standards
a. Section 4-6-060: Street Standards
5. Chapter 9 Permits – Specific
a. Section 4-9-250: Variances, Waivers, Modifications, and Alternates
6. Chapter 11 Definitions
G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN:
1. Land Use Element
2. Capital Facilities
H. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on
December 19, 2024 and determined the application complete on the same day.
2. The project site is located at parcel number 1023059360 near the intersection of NE 10th St and
Jericho Pl NE. The project site is currently undeveloped (Exhibit 2).
3. Access to the site would be via one (1) new driveway off of NE 10th St.
4. The project proposes a new two-story, 3,180 sq. ft. single-family home (detached dwelling unit)
(Exhibit 3).
5. The property is located within the Residential Low Density (LD) land use designation.
6. The property is located within the Residential-4 (R-4) zoning district.
7. The site topography slopes from slight to moderate generally from the east of the site to the west of
the site.
Docusign Envelope ID: 6CCD58B7-15D3-4DCC-AC3A-05437A56ADC7
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Bretzke Variance LUA24-000327, V-A, V-A, MOD
Report of June 20, 2025 Page 4 of 21
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8. No trees are proposed for removal.
9. The site is mapped with a high erosion hazard, sensitive slopes, wetlands (Category II), and a stream
(Honey Creek, Type F) buffer.
10. Approximately 750 cubic yards (CY) of grading is proposed.
11. The applicant is proposing to begin construction in summer of 2025.
12. The Duwamish Tribe submitted comments related to the discovery of cultural artifacts and the US
Army Corps of Engineers submitted comments related to water impacts. Both comments have been
addressed in the body of the report. No other public or agency comments were received.
13. The City of Renton acted as lead agency for the State Environmental Policy Act (SEPA) Review for
the project. On February 10, 2025, the Renton School District issued a Determination of Non-
Significance – Mitigated (DNS-M) for the Bretzke Variances project (Exhibit 18). A 14-day comment
period commenced on February 10, 2025 and ended on February 24, 2025. No comments were
received on the threshold determination according to the Renton School District. The following
mitigation measures were included in the DNS-M:
1. The applicant shall comply with the recommendations found in the submitted Geotechnical
Engineering Report, prepared by GEO Group Northwest, Inc., dated December 7, 2022, and
any future addenda.
2. The applicant shall comply with the Critical Areas Impact Analysis and Mitigation Plan,
prepared by J.S. Jones and Associates, Inc., dated March 22, 2023, including invasive
species removal and replanting with native vegetation within the wetland buffer to achieve
a minimum 1:1 mitigation ratio and to ensure the protection of retained trees and successful
replanting efforts.
3. The applicant shall submit draft easement documents for both the on-site and off-site
native growth protection areas, as shown in the Critical Areas Impact Analysis and
Mitigation Plan, prepared by J.S. Jones and Associates, Inc. The draft documents shall be
reviewed and approved by the Current Planning Project Manager prior to acceptance of a
building permit application. Furthermore, both Native Growth Protection Easements shall
be recorded prior to issuance of the building permit.
4. The applicant shall prepare and submit an Inadvertent Discovery Plan (IDP) prior to the start
of any ground-disturbing activities. The applicant shall provide notification to Tribes’
cultural committee prior to the start of construction
14. 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.
15. Comprehensive Plan Compliance: The site is designated Residential Low Density (LD) on the City’s
Comprehensive Plan Map. The purpose of the LD designation is to include lands constrained by
sensitive areas, those intended to provide transition to the rural areas, or those appropriate for low
density residential uses. The proposal is compliant with the following development standards if all
conditions of approval are met:
Compliance Comprehensive Plan Analysis
Docusign Envelope ID: 6CCD58B7-15D3-4DCC-AC3A-05437A56ADC7
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Report of June 20, 2025 Page 5 of 21
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Policy LU-2: Support compact urban development to improve health outcomes,
support transit use, maximize land use efficiency, and maximize public investment
in infrastructure and services.
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
Goal LU-FF: Strengthen the visual identity of Renton and its Community Planning
Areas and neighborhoods through quality design and development.
Policy LU-31: Maintain or increase the quantity and quality of wetlands. Ensure no
net reduction of wetlands due to development.
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.
Policy CR-44: Protect and restore streams, riparian zones, estuaries, wetlands,
and floodplains to achieve healthy watersheds that are resilient to climate change.
16. Zoning Development Standard Compliance: The site is classified Residential-4 (R-4) on the City’s
Zoning Map. The R-4 zone is established to promote urban single-family residential neighborhoods
serviceable by urban utilities and containing open space amenities. It is intended to implement the
Residential Low Density Comprehensive Plan designation. The proposal is compliant with the
following development standards, as outlined in RMC 4-2-110.A, if all conditions of approval are
met:
Compliance R-4 Zone Development Standards and Analysis
Density (R-4): There is no minimum density in the R-4 zone. The maximum
density in the R-4 zone is 4.0 dwelling units per net acres. Net density is
calculated after the deduction of sensitive areas, areas intended for public right-
of-way, and private access easements.
Staff Comment: The applicant has proposed one (1) dwelling unit on an existing
legal lot. Therefore, the proposal complies with the density requirements for the
R-4 zone.
Lot Dimensions (R-4): The minimum lot size permitted in the R-4 zone is 9,000
sq. ft. A minimum lot width of 70 feet is required 80 feet for corner lots) and a
minimum lot depth of 100 feet is required.
Staff Comment: The subject property is approximately 11,374 sq. ft. or 0.26 acres
in size. The property width is approximately 120 feet (120’) and the property depth
is approximately 95 feet (95’). The subject property exceeds the minimum lot
width and size standards. The subject property is non-conforming with respect to
the minimum depth requirement, but no changes are proposed to the property
depth and therefore the project complies with the lot dimension requirements for
the R-4 zone.
Compliant if
Variance
Setbacks (R-4): The required setbacks in the R-4 zone are as follows: front yard
is 30 feet, side yard is combined 20 feet with not less than 7.5 feet on either side,
secondary front yard (applies to corner lots) is 30 feet, and the rear yard is 25 feet.
Docusign Envelope ID: 6CCD58B7-15D3-4DCC-AC3A-05437A56ADC7
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Bretzke Variance LUA24-000327, V-A, V-A, MOD
Report of June 20, 2025 Page 6 of 21
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under FOF 19
is approved
Staff Comment: Building setbacks for the new single-family home are measured
from the exterior lines adjacent to the one (1) street frontage (NE 10th St) and three
(3) shared lot lines. For the new building, the applicant has proposed a front yard
setback of 20 feet (20’) (NE 10th St) and a rear yard setback of 25 feet (25’). Side
yard setbacks for the new building are approximately 63 feet (63’) (west) and eight
feet (8’) (east). The proposed building complies with all setbacks for the R-4 zone,
except for the front yard setback (north). Therefore, the applicant has requested
a setback variance to allow the ten-foot (10’) encroachment. Staff has
recommended approval of the requested setback variance with analysis found
under FOF 19. If the variance is approved, the new improvements on the site
would comply with all setbacks for the R-4 zone.
Compliance
not yet
demonstrated
Landscaping: The City’s landscape regulations (RMC 4-4-070) require a 10-foot
landscape strip along all public street frontages. Additional minimum planting
strip widths between the curb and sidewalk are established according to the
street development standards of RMC 4-6-060. Street trees and, at a minimum,
groundcover, shall be planted within planting strips pursuant to standards set
forth in RMC 4-4-070F.2.
Staff Comment: Compliance with the landscaping regulations as outlined in RMC
4-4-070 would be evaluated at the time of building permit application review.
Compliant if
condition of
approval is
met
Tree Retention: For residential development, the City’s adopted Tree Retention
and Land Clearing Regulations (4-4-130) require the retention of 30 percent of
trees. Tree credit requirements shall apply at a minimum rate of thirty (30) credits
per net acre based on values for existing or new trees as provided in RMC 4-4-
130H.1.b.v.
Significant trees shall be retained in the following priority order:
Priority One: Landmark trees; significant trees that form a continuous canopy;
significant trees on slopes greater than twenty percent (20%); significant trees
adjacent to critical areas and their associated buffers; and significant trees over
sixty feet (60') in height or greater than eighteen inches (18") caliper.
Priority Two: Healthy tree groupings whose associated undergrowth can be
preserved; other significant native evergreen or deciduous trees; and other
significant non- native trees.
Priority Three: Alders and cottonwoods shall be retained when all other trees
have been evaluated for retention and are not able to be retained, unless the
alders and/ or cottonwoods are used as part of an approved enhancement
project within a critical area or its buffer.
Staff Comment: The applicant submitted a Tree Protection Plan, prepared by
ABC Consulting Arborists, dated December 27, 2022. According to the plan, all
eight (8) trees on the site would be retained, resulting in a retention rate of 100%.
Based on the submitted documents, staff could not verify compliance with the
tree density standards. Therefore, staff recommends as a condition of approval,
that the applicant shall provide documentation of compliance with the tree
density requirements, or plant new supplemental trees on the site in order to
achieve the minimum tree density of 30 credits per net acre. The species and
locations of the trees shall be indicated on a landscape plan submitted to the
Current Planning Project Manager with the building permit application.
Docusign Envelope ID: 6CCD58B7-15D3-4DCC-AC3A-05437A56ADC7
City of Renton Department of Community & Economic Development Administrative Staff Report
Bretzke Variance LUA24-000327, V-A, V-A, MOD
Report of June 20, 2025 Page 7 of 21
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All retained trees (i.e., protected trees) would be required to be protected during
construction pursuant to itemized standards set forth in RMC 4-4-130H.9.
Parking: Parking regulations require that a minimum of two parking spaces be
provided for each detached dwelling.
Driveway cuts are required to be a minimum of 5 feet from property lines and new
driveways may be a maximum of 16 feet in width at the property line. Maximum
driveway slopes shall not exceed fifteen percent (15%); provided, that driveways
exceeding eight percent (8%) shall provide slotted drains at the lower end with
positive drainage discharge to restrict runoff from entering the garage/residence
or crossing any public sidewalk.
Staff Comment: The existing lot includes adequate area to provide the required
two (2) parking spaces per dwelling unit. The proposed single-family house would
incorporate a two-car garage with additional driveway space for overflow parking
(Exhibit 3).
Fences and Retaining Walls: In any residential district, the maximum height of
any fence, hedge or retaining wall shall be seventy-two inches (72"). Except in the
front yard and side yard along a street setback where the fence shall not exceed
forty eight inches (48") in height.
There shall be a minimum three-foot (3') landscaped setback at the base of
retaining walls abutting public rights-of-way.
Staff Comment: The applicant has proposed retaining walls on the north and east
sides of the site near the proposed driveway and rear yard (Exhibit 2). The walls
shown on the plans have a maximum height of two feet (2’) and are set back a
minimum of three feet (3’) from the NE 10th St right-of-way (ROW) and therefore
comply with the height and setback regulations for the R-4 zone. In addition, the
applicant has proposed split rail cedar fencing at the edge of the reduced wetland
buffer as required by RMC 4-3-050 Critical Areas Regulations. The maximum
height of the cedar fencing is three feet (3’). Any additional new fences or retaining
walls proposed shall comply with the fence and wall standards in RMC 4-4-040.
17. Design Standards: Residential Design and Open Space Standards (RMC 4-2-115) are applicable in
the R-4 zone. The Standards implement policies established in the Land Use Element of the
Comprehensive Plan. Compliance with Residential Design Standards would be verified prior to
issuance of the building permit for the new single-family homes. The proposal is consistent with the
following design standards, unless noted otherwise:
Compliance Design Standards R-4 and Analysis
N/A
Lot Configuration: One of the following is required of preliminary plat
applications:
1. Lot width variation of 10 feet (10’) minimum of one (1) per four (4) abutting
street-fronting lots, or
2. Minimum of four (4) lot sizes (minimum of four hundred (400) gross square
feet size difference) for street-fronting lots, or
Docusign Envelope ID: 6CCD58B7-15D3-4DCC-AC3A-05437A56ADC7
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3. A front yard setback variation of at least five feet (5’) minimum for at least
every four (4) abutting street fronting lots.
Staff Comment: Not applicable, as the proposal is in the R-4 zone.
N/A
Lots shall be configured to achieve both of the following:
1. The location of stormwater infiltration LID facilities is optimized,
consistent with the Surface Water Design Manual. Building and property
line setbacks are specified in the Surface Water Design Manual for
infiltration facilities.
2. Soils with good infiltration potential for stormwater management are
preserved to the maximum extent practicable as defined by the Surface
Water Design Manual.
Staff Comment: No LID facilities are proposed due to the proposal only including
a single-family residence.
Compliance
not yet
demonstrated
Garages: If an attached garage is wider than twenty-six feet (26’), at least one (1)
garage door shall be recessed a minimum of four feet (4’) from the other garage
door. Additionally, one of the following is required:
1. The front porch projects in front of the garage a minimum of five feet (5’),
and is a minimum of twelve feet (12’) wide, or
2. The roof extends at least five feet (5') (not including eaves) beyond the front
of the garage for at least the width of the garage plus the porch/stoop area,
or
3. The garage is alley accessed, or
4. The garage entry does not face a public and/or private street or an access
easement, or
5. The garage width represents no greater than fifty percent (50%) of the
width of the front facade at ground level, or
6. The garage is detached, or
7. The garage doors contain a minimum of thirty percent (30%) glazing,
architectural detailing (e.g. trim and hardware), and are recessed from the
front façade a minimum of five feet (5’), and from the front porch a
minimum of seven feet (7’).
Staff Comment: Compliance for this standard would be verified at the time of
building permit review.
Compliance
not yet
demonstrated
Primary Entry: The entry shall include a porch or stoop with a minimum depth of
five feet (5') and minimum height of twelve inches (12") above grade.
Exception: in cases where accessibility (ADA) is a priority, an accessible route may
be taken from a front driveway.
Staff Comment: Compliance for this standard would be verified at the time of
building permit review.
Docusign Envelope ID: 6CCD58B7-15D3-4DCC-AC3A-05437A56ADC7
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Compliance
not yet
demonstrated
Facade Modulation: One of the following is required:
1. An offset of at least one story that is at least ten feet (10') wide and two feet
(2') in depth on facades visible from the street, or
2. At least two feet (2') offset of second story from first story on one street
facing facade.
Staff Comment: Compliance for this standard would be verified at the time of
building permit review.
Compliance
not yet
demonstrated
Windows and Doors: Windows and doors shall constitute twenty-five percent
(25%) of all facades facing street frontage or public spaces.
Staff Comment: Compliance for this standard would be verified at the time of
building permit review.
N/A
Scale, Bulk, and Character: A variety of elevations and models that demonstrate
a variety of floor plans, home sizes, and character shall be used. All of the
following are required:
1. A variety of elevations and models that demonstrate a variety of home sizes,
character, and a diverse streetscape.
2. Abutting, adjacent, and diagonal houses must have differing architectural
elevations.
Staff Comment: Not applicable. No subdivision is proposed.
Compliance
not yet
demonstrated
Roofs: A variety of roof forms appropriate to the style of the home shall be used.
Staff Comment: Compliance for this standard would be verified at the time of
building permit review.
Compliance
not yet
demonstrated
Eaves: Both of the following are required:
1. Eaves projecting from the roof of the entire building at least twelve inches
(12") with horizontal fascia or fascia gutter at least five inches (5") deep on
the face of all eaves, and
2. Rakes on gable ends must extend a minimum of two inches (2") from the
surface of exterior siding materials.
Staff Comment: Compliance for this standard would be verified at the time of
building permit review.
Compliance
not yet
demonstrated
Architectural Detailing: If one siding material is used on any side of the dwelling
that is two stories or greater in height, a horizontal band that measures at least
eight inches (8") is required between the first and second story.
Additionally, one of the following is required:
1. Three and one half inch (3 1/2") minimum trim surrounds all windows and
details all doors, or
2. A combination of shutters and three and one half inches (3 1/2") minimum
trim details all windows, and three and one half inches (3 1/2") minimum
trim details all doors.
Docusign Envelope ID: 6CCD58B7-15D3-4DCC-AC3A-05437A56ADC7
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Staff Comment: Compliance for this standard would be verified at the time of
building permit review.
N/A
Materials and Color: For subdivisions and short plats, abutting homes shall be of
differing color. Color palettes for all new dwellings, coded to the home elevations,
shall be submitted for approval.
Additionally, one of the following is required:
1. A minimum of two (2) colors is used on the home (body with different color
trim is acceptable), or
2. A minimum of two (2) differing siding materials (horizontal siding and
shingles, siding and masonry or masonry-like material, etc.) is used on the
home. One alternative siding material must comprise a minimum of thirty
percent (30%) of the street facing facade. If masonry siding is used, it shall
wrap the corners no less than twenty-four inches (24").
Staff Comment: Not applicable. No subdivision is proposed.
18. 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 met:
Compliance Critical Areas Analysis
Compliant
if SEPA
mitigation
measure is
complied
with
Geologically Hazardous Areas: Based upon the results of a geotechnical report
and/or independent review, conditions of approval for developments may include
buffers and/or setbacks from buffers. A standard 15-foot building setback is
required for all structures from Protected Slope areas.
A 50-foot buffer and 15-foot building setback are required from Very High
Landslide Hazard Areas.
Staff Comment: The City of Renton (COR) mapping database identifies a high
erosion hazard and sensitive slopes (15-40%) on the project site. As such, the
applicant submitted a Geotechnical Engineering Report prepared by GEO Group
Northwest, Inc. (December 7, 2022) which includes subsurface soil investigations
revealing layers of silty sand, glacial till, and organic deposits typical of the region.
No groundwater seepage was observed, though seasonal fluctuations are
expected. The report recommends grading during the dry season and outlines best
management practices such as silt fencing, erosion control blankets, and straw
mulch to minimize erosion and sedimentation risks. Additional recommendations
address foundation design, drainage, retaining walls, and site stabilization.
The Environmental Review Committee included a mitigation measure with the
Determination of Non-Significance – Mitigated requiring that the applicant comply
with all recommendations and conditions detailed in the Geotechnical Report and
any future updates to ensure safe and stable development within the geologically
hazardous areas present on the site (Exhibit 18).
Compliant
if SEPA
Wetlands: The following buffer requirements are applicable to wetlands in accordance
with RMC 4-3-050G.2:
Docusign Envelope ID: 6CCD58B7-15D3-4DCC-AC3A-05437A56ADC7
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mitigation
measure is
complied
with and if
variance
under FOF
20 is
approved
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: Due to the presence of a wetland and Type F stream (Honey
Creek) on the adjacent sites to the south and west (APN 921101TR-G and
1023059358), the applicant submitted a Critical Area Study for Wetlands and
Streams, prepared by J.S. Jones and Associates, Inc., dated November 15, 2022,
revised March 8, 2024 (Exhibit 10) and a Critical Areas Impact Analysis and
Mitigation Plan, prepared by J.S. Jones and Associates, Inc., dated March 22, 2023
(Exhibit 11). These studies included an analysis of existing conditions and the
potential impacts of the proposed development on the wetland and its associated
buffer.
Wetland A
The wetland, identified as ‘Wetland A,’ is classified as a Category II wetland,
consistent with the Washington State Wetland Rating System. The wetland scores
‘7’ for water quality, ‘8’ for hydrology, and ‘6’ for habitat, for a total score of 21. A
Category II has a critical area buffer width of 150 feet (150’) and a structure setback
beyond the buffer of 15 feet (15’). According to the Critical Area Study for Wetlands
and Streams Report, field observations confirm that this wetland is a palustrine
forested wetland, a non-tidal wetland dominated by trees, shrubs, and other
plants. No portion of the wetland extends onto the site, but approximately 8,260
sq. ft. of buffer extends onsite. Wetland A features at least two (2) small ponds and
provides significant flood retention and mediation. Its habitat functions are
moderate due to the developed nature of the surrounding development, which
limits connectivity to other habitats. The wetland contains numerous snags and
woody debris, offering shelter, feeding, nesting, and roosting opportunities for
wildlife. A quarter-acre area of seasonally inundated vegetation and woody
branches supports amphibian egg-laying. The report notes that Wetland A and its
surrounding uplands do not serve as habitat for any priority species, with no priority
habitats beyond those within the wetland itself.
The proposed development impacts the wetlands buffer due to the construction of
the home, driveway, walkway, and frontage improvements, which combined total
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8,260 sq. ft. of permeant buffer impacts. The entire parcel is located within the
wetland and stream buffer, which align due to the stream’s (Honey Creek) location
at the eastern boundary of the wetlands and identical buffer requirement of 150
feet (150’). At the closest point, the structure would be located approximately 32
feet (32’) from the edge of the wetland and stream, resulting in a buffer
encroachment of approximately 118 feet (118’).
As compensation for the impacts to both the stream and wetlands buffer, the
applicant is proposing enhancement of approximately 8,260 sq. ft. of wetland and
stream buffer in order to increase plant diversity and to improve wildlife forage
opportunities in the wetland, including the removal of invasive species and
replanting with native vegetation. The applicant has proposed both on-site
mitigation and off-site mitigation. The off-site mitigation, which includes invasive
species removal and installation of native plants, is proposed on the parcel at 5521
NE 10th St (APN 1023059358). The off-site area is primarily wooded and does not
contain any structures or other improvements. In order to ensure the stream and
wetland mitigation area is protected in perpetuity, the Environmental Review
Committee included a mitigation measure with the Determination of Non-
Significance – Mitigated requiring that the applicant comply with the Critical Areas
Impact Analysis and Mitigation Plan and submit draft easement documents for the
required Native Growth Protection Easement (Exhibit 18).
All restoration work would follow the five-year monitoring and maintenance plan to
ensure the establishment of native vegetation and the removal of invasive
regrowth. Therefore, if the reasonable use variance is approved and all SEPA
mitigation measures are complied with, the proposal would comply with the
critical areas regulations for wetlands in RMC 4-3-050.
Streams: The following buffer requirements are applicable to streams in
accordance with RMC 4-3-050.G.2: Type F streams require a 115-foot buffer,
Type Np streams require a 75-foot buffer, and Type Ns streams require a 50-foot
buffer. An additional 15-foot building setback is required from the edge of all
stream buffer areas.
Staff Comment: Due to the presence of a wetland and Type F stream (Honey
Creek) on the adjacent sites to the south and west (APN 921101TR-G and
1023059358), the applicant submitted a Critical Area Study for Wetlands and
Streams, prepared by J.S. Jones and Associates, Inc., dated November 15, 2022,
revised March 8, 2024 (Exhibit 10) and a Critical Areas Impact Analysis and
Mitigation Plan, prepared by J.S. Jones and Associates, Inc., dated March 22, 2023
(Exhibit 11). These studies included an analysis of existing conditions and the
potential impacts of the proposed development on the wetland and its associated
buffer.
According to the reports, Honey Creek follows the same drainage pattern as the
wetland, but no defined stream channel exists within the wetland west of the
subject parcel. The wetland experiences seasonal flooding up to its delineated
boundary. For a Type F stream, the required buffer width is 115 feet (115’) and a
structure setback beyond the buffer of 15 feet (15’). The stream buffer may be
interpreted as extending to the seasonal flood limit but does not exceed the
wetland buffer, indicating both share the same 150-foot (150’) boundary per the
submitted report.
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19. Variance Analysis: The applicant is requesting a setback variance from RMC 4-2-110A to encroach
approximately 10 feet (10’) into the 30-foot (30’) front yard setback along NE 10th St to accommodate
the construction of a single-family home (Exhibit 5).
According to the applicant, the intent of the variance is to limit the impacts on the wetland and
stream buffers on the southern and western portions of the site, while allowing for the construction
of a reasonably sized single-family home for the R-4 zone.
The proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250B.6.
Therefore, staff recommends approval of the requested variance.
Compliance Variance 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 is requesting a variance from the 30-foot (30’) front
yard setback standard along NE 10th St due to practical difficulties and unique
circumstances specific to the subject site. The property is significantly
constrained by critical areas, including a Category II wetland and a Type F stream
(Honey Creek), located on adjacent parcels. The associated 150-foot (150’) buffer
and 15-foot (15’) structure setback extend across the majority of the lot, leaving a
limited buildable area near the front of the property. Strict application of the front
yard setback would push the structure further into the critical area buffers,
resulting in greater environmental impact and potentially requiring more extensive
mitigation.
Staff concurs that the requested setback variance, which would allow the home
to encroach approximately ten feet (10’) into the front yard setback, is necessary
to reasonably accommodate a detached single-family home while avoiding
unnecessary disturbance to critical areas. Other properties in the vicinity and
within the same R-4 zoning classification are not similarly constrained by
overlapping critical area buffers, nor are they limited to such a narrow
development footprint. As such, strict enforcement of the front yard setback
The proposed development impacts the stream buffer due to the construction of
the home, driveway, walkway, and frontage improvements, which combined total
8,260 sq. ft. of permeant buffer impacts. At the closest point, the structure would
be located approximately 32 feet (32’) from the edge of the wetland and stream,
equating to a buffer encroachment of approximately 118 feet (118’). As noted
above, Honey Creek and a tributary of Honey Creek flow through Wetland A, but
there is no defined stream channel for Honey Creek in the wetland. All restoration
work would follow the five-year monitoring and maintenance plan to ensure the
establishment of native vegetation and the removal of invasive regrowth.
Therefore, if the reasonable use variance is approved and all SEPA mitigation
measures are implemented, the proposal would comply with the critical areas
regulations in RMC 4-3-050.
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would deprive the property owner of the reasonable use of the site for residential
purposes, a right and privilege otherwise afforded to similarly zoned properties.
Therefore, the variance is warranted due to the unique site constraints and
hardship imposed by the code’s application.
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 granting of the front yard setback variance will not be
materially detrimental to the public welfare or injurious to surrounding properties
or improvements within the R-4 zone. The proposed single-family home is
consistent in scale and use with surrounding low-density residential development
and will maintain a sufficient setback from NE 10th St to preserve the established
neighborhood character.
The home will be located approximately 20 feet (20’) from the front property line,
which is comparable to setbacks of nearby homes and will not obstruct sight
distance or interfere with public infrastructure. Granting the variance enables the
structure to be sited further from critical area buffers, thereby reducing potential
environmental impacts and avoiding unnecessary disturbance of sensitive
slopes, stream buffer, and wetland buffer areas. As such, the variance supports
both environmental protection and compatible residential development.
Therefore, staff finds that the variance will not result in adverse impacts to
neighboring properties or the broader community and is consistent with the public
interest.
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: Approval of the requested front yard setback variance does not
constitute a grant of special privilege inconsistent with the limitations placed
upon similar properties within the R-4 zone. The variance is sought due to unique
site conditions, including the presence of sensitive slopes and overlapping
wetland and stream buffers that cover nearly the entire lot. These constraints
significantly reduce the buildable area and are not typical of other nearby
properties developed under the same zoning classification.
The applicant is proposing a modest deviation in order to shift the building
footprint further away from critical areas. This adjustment supports responsible
site design that prioritizes environmental protection while allowing for reasonable
residential development.
Other properties in the vicinity that are not encumbered by similar environmental
constraints have been able to develop without the need for such relief. As such,
approval of the variance addresses the specific limitations of this parcel and does
not confer a special or unfair advantage relative to neighboring lots.
d. That the approval is a minimum variance that will accomplish the desired
purpose.
Staff Comment: The requested front yard setback variance represents the
minimum deviation necessary to allow reasonable development of the site while
minimizing impacts to critical areas. The proposed ten-foot (10’) encroachment
into the 30-foot (30’) front setback enables the applicant to locate the home
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farther away from the on-site stream and wetland buffers, which collectively cover
the majority of the parcel and severely limit buildable area.
The variance facilitates a shift in the building footprint without expanding the
proposed home’s size beyond what is typical for the zone or the neighborhood.
Without the variance, the structure would be pushed further into the wetland and
stream buffer, resulting in greater environmental impacts and triggering additional
permitting complexity.
Staff concurs that the extent of the encroachment is proportionate to the site’s
constraints and does not exceed what is reasonably necessary to accommodate
a single-family residence. Therefore, the approval is consistent with the intent of
a minimum variance and does not authorize development beyond what is justified
by the unique limitations of the site.
20. Reasonable Use Variance Analysis: The applicant is requesting a Reasonable Use Variance to
allow for permanent impacts totaling approximately 8,260 sq. ft. within the combined wetland and
stream buffer areas on the subject parcel. The entire site is located within the overlapping 150-foot
(150’) buffers for a Category II wetland and a Type F stream (Honey Creek), which share identical
buffer requirements and boundaries per the Critical Area Study for Wetlands and Streams, prepared
by J.S. Jones and Associates, Inc., dated November 15, 2022, revised March 8, 2024, and the Critical
Areas Impact Analysis and Mitigation Plan, prepared by J.S. Jones and Associates, Inc., dated March
22, 2023. Although Honey Creek and one of its tributaries flow through Wetland A, there is no
defined stream channel within the wetland boundary. For this reason, the requested variance is
considered a single variance for impacts to the combined wetland and stream buffer.
The proposed development includes construction of a single-family home, driveway, walkway, and
frontage improvements that result in a buffer encroachment of approximately 118 feet (118’) at the
closest point, placing the structure roughly 32 feet (32’) from the edge of the wetland and stream
buffer. The applicant contends variance is necessary to allow reasonable use of the property while
minimizing disturbance to the critical areas and buffers present on site (Exhibit 12). Staff concurs
with the applicant’s justification and therefore recommends approval of the requested variance.
Compliance Variance Criteria and Analysis
a. That the granting of the variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity
and zone in which subject property is situated
Staff Comment: The proposed variance allows for limited, targeted impacts within
the wetland and stream buffers necessary to accommodate construction of a
single-family residence and associated improvements. The applicant has
proposed comprehensive mitigation measures including on-site and off-site
enhancement of approximately 8,260 sq. ft. of buffer area through invasive
species removal and native vegetation planting (Exhibit 11). These measures are
designed to maintain and improve the ecological functions of Wetland A and
Honey Creek’s associated habitats. Staff finds that with adherence to the
recommended mitigation and monitoring plans, the variance will not cause
material harm to the public welfare or surrounding properties, and will promote
long-term environmental benefits consistent with the goals of the critical areas
regulations.
b. There is no reasonable use of the property left if the requested variance is
not granted.
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Staff Comment: The entire parcel is encumbered by overlapping wetland
(Category II) and stream buffers (Type F) with strict setback requirements totaling
150 feet (150’), severely limiting the buildable area. Without the variance, the
applicant would be unable to construct a single-family home of reasonable size
and design that meets current residential standards while protecting critical
areas. The variance is necessary to allow for reasonable residential use of the
property while balancing development needs with environmental protections.
c. The variance granted is the minimum amount necessary to accommodate
the proposal objectives
Staff Comment: The applicant has designed the project to minimize buffer
impacts by locating the structure as far from the wetland and stream edges as
feasible, approximately 32 feet (32’) at the closest point, resulting in an
encroachment of 118 feet (118’) into the combined buffer. The project footprint
and associated improvements represent the smallest practical encroachment
necessary to build a safe, functional residence while complying with other
development standards. Mitigations proposed including invasive species removal
and the establishment of native plants further ensure the impacts are
appropriately compensated.
d. The need for the variance is not the result of actions of the applicant or
property owner.
Staff Comment: The presence of the Category II wetland and Type F stream
buffers across nearly the entire lot is a natural, pre-existing site condition beyond
the control of the applicant or property owner. The constraints imposed by these
critical areas and their buffers were established through state and local
regulations to protect important ecological functions. The applicant’s proposal to
develop the site in a manner respectful of these conditions reflects a responsible
response to these unavoidable limitations.
e. The proposed variance is based on consideration of the best available
science as described in WAC 365-195-905; or where there is an absence of
valid scientific information, the steps in subsection F of this Section are
followed.
Staff Comment: The applicant has submitted detailed, professionally prepared
technical reports including a Critical Area Study, Fish and Wildlife Habitat
Assessment, and Mitigation Plan, all consistent with the best available science
and state guidelines referenced in WAC 365-195-905. These documents
thoroughly analyze site conditions, potential impacts, and appropriate
mitigation strategies. Staff finds that the variance request and associated
mitigation plans are grounded in sound scientific evidence and best
management practices, ensuring critical area functions are preserved.
21. Modification (Street) Analysis: The applicant is requesting a street modification from RMC 4-6-
060F.2, Street Standards, to provide an alternate street section on the portion of NE 10th St fronting
the site. Specifically, the applicant is proposing to eliminate the eight-foot (8’) wide planter strip in
front of approximately 34 feet (34’) of the site’s frontage along NE 10th St (Exhibit 4). The proposed
alternative street section for NE 10th St includes retaining the existing ROW width of approximately
60 feet (60’) with an existing paved width of 22 feet (22’). Half street improvements would include a
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26-foot (26’) paved road (13 feet [13’] each side), a one-half foot (0.5’) wide curb, a partial eight-foot
(8’) wide planting strip, and a five-foot (5’) wide sidewalk. No dedication is anticipated pending field
survey. The purpose of the planter strip elimination on the western portion of the site’s frontage is
to limit impacts to the wetland and stream on the adjacent parcel. The proposal is compliant with
the following modification criteria, pursuant to RMC 4-9-250D.Therefore, staff is recommending
approval of the requested modification, subject to conditions as noted below:
Compliance Modification Criteria and Analysis
a. Substantially implements the policy direction of the policies and
objectives of the Comprehensive Plan Land Use Element and the
Community Design Element and the proposed modification is the
minimum adjustment necessary to implement these policies and
objectives.
Staff Comment: See FOF 15, Comprehensive Plan Analysis.
b. Will meet the objectives and safety, function, appearance,
environmental protection and maintainability intended by the Code
requirements, based upon sound engineering judgment.
Staff Comment: The proposed street modification to eliminate the planter
strip along approximately 34 feet (34’) of the site's frontage will still meet the
objectives of safety, function, appearance, environmental protection, and
maintainability as intended by RMC 4-6-060. The applicant is proposing a
street section that includes a 26-foot (26’) wide paved roadway, curb, partial
planting strip, and a five-foot (5’) sidewalk, which maintains adequate space
for vehicular circulation and pedestrian safety.
The elimination of the planter strip in the western portion of the frontage is a
targeted adjustment intended to reduce permanent impacts to the adjacent
wetland and stream buffer. This approach aligns with the city’s goals for
environmental protection and reflects sound engineering judgment by
balancing site constraints with required frontage improvements.
The modified street section is consistent with the established street
character in the immediate area and would not diminish the functional or
visual quality of the public right-of-way. As such, the proposal meets the
intent of the code while minimizing environmental disturbance and ensuring
long-term maintainability.
c. Will not create adverse impacts to other property(ies) in the vicinity.
Staff Comment: The proposed street modification to eliminate a portion of
the required planter strip along NE 10th St will not create adverse impacts to
surrounding properties. The modified frontage design maintains essential
pedestrian and vehicular infrastructure, including a curb, sidewalk, and
widened roadway surface, ensuring continued safe access and circulation.
Given that the modification is limited to a small segment (approximately 34
feet [34’]) and is located along the western edge of the site immediately
adjacent to a critical area, the adjustment will not affect access, drainage,
or aesthetic continuity for neighboring properties. Additionally, no changes
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are proposed to the existing right-of-way width or access patterns. By
preserving the functionality and safety of the street while limiting buffer
encroachment, the proposed modification offers a context-sensitive
solution that avoids impacts to nearby properties and aligns with city
policies for both infrastructure and environmental protection.
d. Conforms to the intent and purpose of the Code; and
Staff Comment: See comments under criterion ‘b’.
e. Can be shown to be justified and required for the use and situation
intended.
Staff Comment: The proposed street modification can be justified and is
required due to the unique environmental constraints present on and
adjacent to the subject property. The site is fully encumbered by overlapping
wetland and stream buffers associated with Honey Creek and Wetland A,
which extend from adjacent parcels. Strict compliance with the standard
street section—including the full-width eight-foot (8’) planter strip—would
require construction closer to these critical areas, resulting in greater buffer
disturbance.
The applicant’s request to eliminate a portion of the planter strip along the
western edge of the site’s frontage is intended to minimize those impacts
while still providing functional and safe public improvements. The remainder
of the frontage will include code-compliant curb, sidewalk, and partial
planter strip improvements to maintain consistency with the surrounding
neighborhood.
Given the site’s limited developable area and the intent to construct a single-
family home in compliance with zoning allowances, the proposed
modification is necessary to accommodate both the project and required
frontage improvements while adhering to critical area protections.
Therefore, the request is justified and appropriate for the proposed use and
site conditions.
I. CONCLUSIONS:
1. The subject site is located in the Residential Low Density (LD) Comprehensive Plan designation and
complies with the goals and policies established with this designation, see FOF 15.
2. The subject site is located in the Residential-4 (R-4) zoning designation and complies with the zoning
and development standards established with this designation provided the applicant complies with
city code and conditions of approval, see FOF 16.
3. The proposal complies with Residential Design and Open Space Standards as established by city
code provided all advisory notes and conditions of approval are complied with, see FOF 17.
4. The proposal complies with the street standards as established by city code, provided the project
complies with all advisory notes and conditions of approval contained herein, see FOF 16 and 21.
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5. The proposal complies with the Critical Areas Regulations provided the applicant complies with city
code and conditions of approval, see FOF 18.
6. The proposal complies with the development standards variance criteria provided the applicant
complies with city code and conditions of approval, see FOF 19.
7. The proposal complies with the critical areas variance criteria provided the applicant complies with
city code and conditions of approval, see FOF 20.
8. The street modification request complies with the modification criteria provided the applicant
complies with city code and conditions of approval, see FOF 21.
9. Key features which are integral to this project include mitigation measures such as the protection
of retained trees during construction, the establishment of a Native Growth Protection Easement
over the reduced buffer, and the installation of new native plants in the mitigation area per the
approved mitigation plan.
J. RECOMMENDATION:
Staff recommends approval of the Bretzke Variance, File No. LUA25-000327, ECF, V-A, V-A, MOD as
depicted in the Site Plan (Exhibit 2), subject to the following conditions of approval:
1. The applicant shall comply with the four (4) mitigation measures included in the Determination of
Non-Significant – Mitigated issued on February 10, 2025, as follows:
1) The applicant shall comply with the recommendations found in the submitted
Geotechnical Engineering Report, prepared by GEO Group Northwest, Inc., dated
December 7, 2022, and any future addenda.
2) The applicant shall comply with the Critical Areas Impact Analysis and Mitigation Plan,
prepared by J.S. Jones and Associates, Inc., dated March 22, 2023, including invasive
species removal and replanting with native vegetation within the wetland buffer to achieve
a minimum 1:1 mitigation ratio and to ensure the protection of retained trees and successful
replanting efforts.
3) The applicant shall submit draft easement documents for both the on-site and off-site
Native Growth Protection Areas, as shown in the Critical Areas Impact Analysis and
Mitigation Plan, prepared by J.S. Jones and Associates, Inc. The draft documents shall be
reviewed and approved by the Current Planning Project Manager prior to acceptance of a
building permit application. Furthermore, both Native Growth Protection Easements shall
be recorded prior to issuance of the building permit.
4) The applicant shall prepare and submit an Inadvertent Discovery Plan (IDP) prior to the start
of any ground-disturbing activities. The applicant shall provide notification to Tribes’
cultural committee prior to the start of construction.
2. The applicant shall provide documentation of compliance with the tree density requirements, or
plant new supplemental trees on the site in order to achieve the minimum tree density of 30 credits
per net acre. The species and locations of the trees shall be indicated on a landscape plan
submitted to the Current Planning Project Manager for approval as part of the building permit
application.
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DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matt Herrera, Planning Director Date
TRANSMITTED on June 20, 2025 to the Owner/Applicant/Contact:
Owner: Applicant: Contact:
Elena Fedorouk
PO Box 53046
Bellevue, WA 98005
Jeffery Jones, J.S. Jones &
Associates, Inc., PO Box 1908
Issaquah, WA 98027,
jeff.jsjones@comcast.ne
Yan Lifshaz
PO Box 53046
Bellevue, WA 98005
TRANSMITTED on June 20, 2025 to the Parties of Record:
Duwamish Tribe
US Army Corps of Engineers
TRANSMITTED on June 20, 2025 to the following:
Gina Estep, CED Administrator
Brianne Bannwarth, Development Engineering Director
Amanda Free, Economic Development Director
Stephanie Rary, Property Services Specialist
Clark Close, Current Planning Manager
Nate 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 July 7, 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: The Variance decision will expire two (2) years from the date of decision. A single one (1) year
extension may be requested pursuant to RMC 4-9-250.
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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: 6CCD58B7-15D3-4DCC-AC3A-05437A56ADC7
D_Admin Report_Bretzke Varaince_250620_FINAL
The following exhibits are included with the Administrative report:
Exhibit 1 - 16: As shown in the Environmental Review Committee Report dated February 10, 2025
Exhibit 17: Administrative Decision
Exhibit 18: Environmental (SEPA) Determination of Non-Significance – Mitigated (DNS-M),
dated February 10, 2025
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Bretzke Variance
Land Use File Number:
LUA24-000327, ECF, V-A, V-A, MOD
Date of Report
June 20, 2025
Staff Contact
Alex Morganroth
Principal Planner
Project Contact/Applicant
Yan Lifshaz, PO Box 53046,
Bellevue, WA 98005
Project Location
APN 1023059360
Docusign Envelope ID: 6CCD58B7-15D3-4DCC-AC3A-05437A56ADC7