HomeMy WebLinkAboutD_4526_NE_10th_St_Fence_Height_Variance_250707_FinalDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
D_4526 NE 10th St Fence Height Variance_250707_Final
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: July 7, 2025
Project File Number: PR25-000037
Project Name: 4526 NE 10th St Fence Height Variance
Land Use File
Number:
LUA25-000155, V-A
Project Manager: Ashley Wragge, Assistant Planner
Owner/Applicant: Sorina Suciu, 4526 NE 10th St, Renton, WA 98059
Contact: Sorina Suciu, 4225 NE 10th Pl, Renton, WA 98059
Project Location: 4526 NE 10th St, Renton, WA 98059 (APN 1023059129)
Project Summary: The applicant, Sorina Suciu, is requesting an Administrative Variance from
Renton Municipal Code (RMC) 4-4-040D to construct a cedar wood fence that
exceeds the maximum fence height located at 4526 NE 10th St (APN
1023059129). The subject property is approximately 4,772 square feet (0.11
acres), is located in the Residential-8 (R-8) zone, and has a Comprehensive Plan
Land Use Designation of Residential Medium Density (RMD). Within residential
zones, the maximum height for fences along the interior side yard is six feet (6')
until it intersects with the front yard setback, at which point the maximum would
be limited to four feet (4'). The requested eight-foot (8’) tall side yard fence, which
reduces to six feet (6') within the front yard setback, and reduces again to four
feet (4') as the fence extends further into the front yard setback, exceeds the six-
foot (6') height limit for a residential interior side yard and the reduced height of
four feet (4') within the front yard setback. The cedar wood fence is proposed to
parallel an existing chain-link fence that delineates the existing water quality
treatment stormwater facility maintained by the City of Renton. The applicant is
not proposing to remove any trees as part of the project nor is any portion of the
proposed fence located within the public right-of-way. Per City of Renton (COR)
Maps, there are no critical areas on site.
Site Area: 0.11 acres
Docusign Envelope ID: 75B3864A-7396-4B2E-B1F9-5EFF80DC709C
City of Renton Department of Community & Economic Development
Error! Reference source not found.
Administrative Report & Decision
LUA25-000155, V-A
Report of July 7, 2025 Page 2 of 8
D_4526 NE 10th St Fence Height Variance_250707_Final
B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Fence Height Site Plan
Exhibit 3: Fence Example
Exhibit 4: Variance Request Justification
Exhibit 5: Neighborhood Detail Map
C. GENERAL INFORMATION:
1. Owner(s) of Record: Sorina Suciu, 4225 NE 10th Pl, Renton, WA 98059
2. Zoning Classification: Residential-8 (R-8)
3. Comprehensive Plan Land Use
Designation:
Residential Medium Density (RMD)
4. Existing Site Use: Existing single-family residence on a single-family
residential lot
5. Critical Areas: None
6. Neighborhood Characteristics:
a. North: Single-family residential. Residential Medium Density (RMD) Comprehensive Plan
Designation; Residential-8 (R-8) Zoning District
b. East: Single-family residential. Residential Medium Density (RMD) Comprehensive Plan
Designation; Residential-8 (R-8) Zoning District
c. South: Single-family residential. Residential Medium Density (RMD) Comprehensive Plan
Designation; Residential-8 (R-8) Zoning District
d. West: Water quality treatment stormwater facility. Residential Medium Density (RMD)
Comprehensive Plan Designation; Residential-8 (R-8) Zoning District
7. Site Area: 0.11 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 (Vuong) A-01-002 5012 06/18/2003
Short Plat LUA05-156 N/A 12/09/2005
Docusign Envelope ID: 75B3864A-7396-4B2E-B1F9-5EFF80DC709C
City of Renton Department of Community & Economic Development
Error! Reference source not found.
Administrative Report & Decision
LUA25-000155, V-A
Report of July 7, 2025 Page 3 of 8
D_4526 NE 10th St Fence Height Variance_250707_Final
E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Chapter 2 Land Use Districts
a. Section 4-2-020: Purpose and Intent of Zoning Districts
b. Section 4-2-060: Zoning Use Table – Uses Allowed in Zoning Designations
c. Section 4-2-110: Residential Development Standards
d. Section 4-2-115: Residential Design and Open Space Standards
2. Chapter 4 City-Wide Property Development Standards
a. Section 4-4-040: Fences, Hedges, and Retaining Walls
3. Chapter 9 Permits - Specific
a. Section 4-9-250: Variances, Waivers, Modifications, and Alterations
4. Chapter 11 Definitions
F. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on May
16, 2025 and determined the application complete on May 27, 2025. This Type II Permit complies
with the 100-day review time period.
2. The applicant’s submittal materials comply with the requirements necessary to process the
Administrative Variance request (Exhibits 2-5).
3. The project site is located 4526 NE 10th St, Renton, WA 98059 (APN 1023059129).
4. The project site is currently developed with a two-story single-family residence with a deck
accessible from an exterior door on the back of the house.
5. Access to the site is provided via an existing driveway extending north from NE 10th St.
6. Comprehensive Plan Compliance: The property is located within the Residential Medium Density
(RMD) Comprehensive Plan land use designation. The RMD district applies to areas that can support
high-quality, compact, urban development with access to urban services, transit, and
infrastructure, whether through new development or through infill development. The project
complies with the goals and policies of this Comprehensive Plan land use designation:
Compliance Comprehensive Plan Analysis
Policy LU-48: Consider scale and context for infill project design to preserve
privacy and quality of life for residents.
7. The site is located within the Residential-8 (R-8) zoning classification.
8. The site has no mapped critical areas.
9. The applicant is proposing to begin construction immediately upon obtaining a building permit.
10. The following variances to regulations have been requested by the applicant:
Docusign Envelope ID: 75B3864A-7396-4B2E-B1F9-5EFF80DC709C
City of Renton Department of Community & Economic Development
Error! Reference source not found.
Administrative Report & Decision
LUA25-000155, V-A
Report of July 7, 2025 Page 4 of 8
D_4526 NE 10th St Fence Height Variance_250707_Final
RMC Code
Citation
Required Standard Requested Variance
RMC 4-4-040D.1,
Fences, Hedges,
and Retaining
Walls
Maximum Height: In any
residential zone, the
maximum height of any
fence, hedge or retaining wall
shall be seventy-two inches
(72").
A seventy-two inch to ninety-six inch (72”
to 96”) tall fence is proposed along the
property’s west side yard that would
exceed the maximum seventy-two inch
(72”) fence height allowance in the R-8
zone (Exhibit 2).
RMC 4-4-040D.2.a Front Yard Setbacks: Fences,
hedges, or retaining walls
shall not exceed forty-eight
inches (48") in height within
any part of the front yard
setback. In no case shall a
fence, hedge, or retaining
wall exceed forty-two inches
(42") in height in any part of
the clear vision area as
defined by RMC 4-11-030,
Definitions C.
A forty-eight inch to seventy-two inch (48”
to 72”) tall fence is proposed along the
property’s west side that would exceed the
maximum forty-eight inch (48") fence
height allowance in the R-8 zone.
RMC 4-4-040D.2.b Side Yard Setbacks: Fences,
hedges, or retaining walls
shall not exceed seventy-two
inches (72") in height within
any part of the interior side
yard setback to the point
where they intersect the front
yard setback or a secondary
front yard setback, in which
case they shall be governed
by the applicable limitations
of the front yard or secondary
front yard setbacks.
Where the side yard fence intersects the
front yard and side yard setbacks, the
proposed cedar fence would exceed the
applicable standards of the R-8 zone. See
citations, standards, and request above for
more information.
11. Staff received no public comments.
12. No other public or agency comments were received.
13. Variance Analysis: The applicant is requesting an Administrative Variance from Renton Municipal
Code (RMC) to construct an eight-foot (8’) tall side yard fence along the west property line that
staggers down to six feet (6’) tall for five feet (5’) within the twenty-foot (20’) front yard setback. After
the six-foot (6’) tall fence segment, the cedar fence would be reduced to four feet (4’) tall until the
fence ends at the right-of-way (ROW). 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
Docusign Envelope ID: 75B3864A-7396-4B2E-B1F9-5EFF80DC709C
City of Renton Department of Community & Economic Development
Error! Reference source not found.
Administrative Report & Decision
LUA25-000155, V-A
Report of July 7, 2025 Page 5 of 8
D_4526 NE 10th St Fence Height Variance_250707_Final
subject property, including size, shape, topography, location or surroundings
of the subject property, and the strict application of the Zoning Code is found
to deprive subject property owner of rights and privileges enjoyed by other
property owners in the vicinity and under identical zone classification.
Staff Comment: The applicant contends that the fence height regulations result in
unnecessary hardship due to the special circumstance of being located adjacent
to an open stormwater pond. The applicant has an existing deck from which the
pond is visible from through a chain-link fence. The applicant asserts that a six-foot
(6’) side yard fence would not sufficiently block the view of the pond from the deck
and a child that resides in the home has a fear of the local wildlife that the pond
attracts (i.e., ducks). Since the child is fearful of the wildlife, it causes distress to
see the animals and currently the only recourse is to not use the deck or backyard.
Without a fence height variance, the applicant believes they would be unfairly
restricted within their own property in a way that would not be applicable if the
home was not located near an open/visible pond.
Staff has reviewed the proposed variance request and concurs that strict
adherence to the code deprives the property owner of the rights and privileges of
using their backyard due to the special circumstance of the home being located
next to an open stormwater pond. A child residing in the home is fearful of the
wildlife that the pond attracts (Exhibit 5).
b. That the granting of the variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zone in
which subject property is situated.
Staff Comment: The applicant contends that the granting of the variance would not
be materially detrimental to the public welfare or injurious to the property or
improvements in the vicinity or zone. The applicant further contends that they
would be adding aesthetic value through modulating the fence, using quality
materials such as cedar posts, cedar boards, and a cedar lattice, and by staggering
the height down to four feet (4’) tall in the front yard in order to transition back to
the code-compliant height in a visually appealing way. In addition, the applicant is
following the intention of the code by limiting the solid portion of the fence to six
feet (6’) tall, with the additional two feet (2’) consisting of lattice that provides less
opacity (Exhibit 3). These design adjustments take into consideration the impact to
the public by proposing an attractive fence that gradually rises to the desired
height. In addition, the fence is not anticipated to impact other residential
properties as this fence would border between the project site and a stormwater
detention pond only (Exhibit 4).
Staff has reviewed the applicant’s justifications and concurs with their analysis and
finds that the proposed cedar fence along the stormwater pond would not be
detrimental to the public welfare or injurious to the property or improvements in
the vicinity and zone in which the subject property is situated based on the site and
neighborhood characteristics. The granting of the variance would not have a
negative visual impact on the surrounding property owners due to the design
proposed and location.
Docusign Envelope ID: 75B3864A-7396-4B2E-B1F9-5EFF80DC709C
City of Renton Department of Community & Economic Development
Error! Reference source not found.
Administrative Report & Decision
LUA25-000155, V-A
Report of July 7, 2025 Page 6 of 8
D_4526 NE 10th St Fence Height Variance_250707_Final
c. That approval shall not constitute a grant of special privilege inconsistent with
the limitation upon uses of other properties in the vicinity and zone in which the
subject property is situated.
Staff Comment: The applicant contends that approval of the variance would not
constitute a grant of special privilege inconsistent with the limitation upon uses of
other properties in the vicinity and zone. The purpose of this variance is to afford
the same right to accessing yard and deck space that is consistent with what is
enjoyed by other residential properties in the vicinity.
Staff has reviewed the applicant’s justifications and concurs that the granting of
the variance would not constitute a grant of special privilege inconsistent with
other properties in the vicinity and under the same zoning designation. The granting
of this variance would allow the applicant to provide adequate screening between
the residence and the pond to the west.
d. That the approval is a minimum variance that will accomplish the desired
purpose.
Staff Comment: The applicant contends that the approval of the variance is the
minimum necessary to accomplish their desired purpose of screening the view of
the pond from the rear yard. The applicant is requesting to install a six-foot (6’) tall
cedar fence, the maximum allowed height, and adding an additional two feet (2’) of
lattice on the top of the fence, which would bring the total height of the fence to
eight feet (8’). These design adjustments indicate that the additional two feet (2’) of
lattice would sufficiently screen the pond from the rear yard.
Based on this fence design, staff concurs that the proposed fence is the minimum
variance that will accomplish the desired purpose of screening the project site
from the abutting open stormwater pond.
G. CONCLUSIONS:
1. The subject site is located in the Residential Medium Density (RMD) Comprehensive Plan
designation and complies with the goals and policies established with this designation, see FOF 6.
2. The subject site is located at 4526 NE 10th St, Renton, WA 98059 (APN 1023059129) and is in the
Residential-8 (R-8) zoning designation and complies with the zoning and development standards
established with this designation provided the applicant complies with City Code, see FOF 3 and
FOF 7.
3. The requested variance meets the four (4) variance decision criteria established by City Code for
making a decision on a variance request, see FOF 13.
4. Key characteristics of the project include the construction of an eight-foot (8’) tall side yard fence,
which reduces to six feet (6') within the front yard setback for five feet (5’) and reduces again to four
feet (4') as the fence extends further into the front yard setback. The fence comprises of treated cedar
and lattice on the top. The intention of the project is to block the view of the adjacent stormwater
pond.
Docusign Envelope ID: 75B3864A-7396-4B2E-B1F9-5EFF80DC709C
City of Renton Department of Community & Economic Development
Error! Reference source not found.
Administrative Report & Decision
LUA25-000155, V-A
Report of July 7, 2025 Page 7 of 8
D_4526 NE 10th St Fence Height Variance_250707_Final
H. DECISION:
The 4526 NE 10th St Fence Height Variance, File No. LUA25-000155, V-A, as depicted in Exhibits 2 and 3,
is approved.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matthew Herrera, Planning Director Date
TRANSMITTED on July 7, 2025 to the Owner/Applicant/Contact:
Owner/ Applicant: Contact:
Sorina Suciu
4526 NE 10th St
Renton, WA 98059
Sorina Suciu
4225 NE 10th Pl
Renton, WA 98059
TRANSMITTED on July 7, 2025 to the Parties of Record:
None
TRANSMITTED on July 7, 2025 to the following:
Gina Estep, CED Administrator
Brianne Bannwarth, Development Engineering Director
Stephanie Rary, Property Services Specialist
Clark Close, Current Planning Manager
Nathan Janders, Development Engineering Manager
Anjela Barton, Fire Marshal
I. 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 21, 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.
Docusign Envelope ID: 75B3864A-7396-4B2E-B1F9-5EFF80DC709C
7/7/2025 | 3:00 PM PDT
City of Renton Department of Community & Economic Development
Error! Reference source not found.
Administrative Report & Decision
LUA25-000155, V-A
Report of July 7, 2025 Page 8 of 8
D_4526 NE 10th St Fence Height Variance_250707_Final
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: 75B3864A-7396-4B2E-B1F9-5EFF80DC709C
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
4526 NE 10th St Fence Height Variance
Land Use File Number:
LUA25-000155, V-A
Date of Report
July 7, 2025
Staff Contact
Ashley Wragge
Assistant Planner
Project
Contact/Applicant
Sorina Suciu
4225 NE 10th Pl
Renton, WA 98059
Project Location
4526 NE 10th St
Renton, WA 98059
(APN 1023059129)
The following exhibits are included with the Administrative report:
Exhibit 1: Administrative Decision
Exhibit 2: Fence Height Site Plan
Exhibit 3: Fence Example
Exhibit 4: Variance Request Justification
Exhibit 5: Neighborhood Detail Map
Docusign Envelope ID: 75B3864A-7396-4B2E-B1F9-5EFF80DC709C