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Home My WebLink AboutD_Cyprus_Lane_Retaining_Wall_Mod_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Cyprus Lane_Retaining Wall_Mod_FINAL A. ADMINISTRATIVE MODIFICATION REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: January 8, 2026 Project File Number: PR21-000304 Project Name: Cyprus Lane Plat Retaining Wall Land Use File Number: LUA25-000438, MOD Project Manager: Jill Ding, Senior Planner Owner/Applicant: Robert P. Wenzl, Tuscany Construction, LLC, PO Box 2170, Renton, WA 98056 Contact: Cliff Williams, PE, Development Management Engineers, 4648 Shantel St, Mount Vernon, WA 98274 Project Location: 5816 NE 4th Pl (APN 1123059021) Project Summary: The applicant is requesting a Modification from the minimum three foot (3’) setback requirement for retaining walls from the public right-of-way (RMC 4-4- 040C.2.d). The applicant is proposing to install a retaining wall that would maintain a one foot (1’) setback from the NE 4th Pl right-of-way. The proposed retaining wall would have a maximum height of approximately two and one-half feet (2.5’). The proposed retaining wall would be located along the south side of a storm drainage tract (Tract A) within the Cyprus Lane Plat (LUA21-000287) along the NE 4th Pl frontage. The landscape area between the storm drainage detention vault and sidewalk is reasonably steep (up to 40%) such that sloughing occurs during rain events. Site Area: 55,059 square feet (1.26 acres) Ni l e A v e N E NE 4th Pl Pa s c o P l N E NE 5th St Docusign Envelope ID: 45EFF21C-70EC-405A-B2CF-CCB6E8F8B6CB City of Renton Department of Community & Economic Development Cyprus Lane Plat Retaining Wall Administrative Modification Report & Decision LUA25-000438, MOD Report of January 8, 2026 Page 2 of 5 D_Cyprus Lane_Retaining Wall_Mod_FINAL B. EXHIBITS: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Justification and Plans C. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on December 19, 2025. The project complies with the 65-day review time period. 2. The applicant’s submittal materials comply with the requirements necessary to process the modification request (Exhibit 2). 3. The project site is located at 5816 NE 4th Pl (APN 1123059021). 4. The project site is currently under development for the construction of plat improvements associated with the Cyprus Lane residential subdivision (LUA21-000287). 5. Access to the site would be provided via NE 4th Pl. 6. The property is located within the Residential Low Density (RLD) Comprehensive Plan land use designation. 7. The site is located within the Residential-4 (R-4) zoning classification. 8. The construction of the proposed retaining wall would not result in the removal of any trees. 9. There are no critical areas mapped on-site. 10. The applicant is proposing to begin construction once the modification approval has been granted. 11. 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. 12. Modification Analysis: The applicant is requesting a modification from RMC 4-4-040C.2.d in order to reduce the minimum three-foot (3’) landscape setback required for retaining walls from the public right-of-way to one foot (1’). The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250. Therefore, staff is recommending approval of the requested modification, 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 proposed modification is the minimum adjustment necessary to implement these policies and objectives. Staff Comment: The requested modification to reduce the setback between the retaining wall and public right-of-way would implement the following Comprehensive Plan Land Use policy: Goal LU-BB: Ensure new development supports a high quality of life with design that is functional and attractive. Docusign Envelope ID: 45EFF21C-70EC-405A-B2CF-CCB6E8F8B6CB City of Renton Department of Community & Economic Development Cyprus Lane Plat Retaining Wall Administrative Modification Report & Decision LUA25-000438, MOD Report of January 8, 2026 Page 3 of 5 D_Cyprus Lane_Retaining Wall_Mod_FINAL The proposed short (up to two feet six inches [2’-6”]) landscape retaining wall is intended to reduce the potential for sloughing of the landscaping within the Cyprus Lane stormwater detention tract (Tract A) onto the public sidewalk. The proposed retaining wall would be a functional, as well as attractive, solution to the sloughing problem. ✓ 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 applicant contends that the modification request is being made due to the occurrence of sloughing of topsoil within the ten foot (10’) landscaped space between the back of the sidewalk and the cover of the south storm water detention vault located at the south side of Tract A fronting NE 4th Pl. The slope is steep, up to 40 percent (40%), making it susceptible to erosion especially with new plantings. The applicant contends that the installation of a short landscape retaining wall set back one foot (1’) behind the right-of-way would resolve this issue. A regraded landscaped area behind the wall would be stabilized with slopes between 3:1 and 10:1 (Exhibit 2). Staff concurs that the proposed modification would meet the objectives of function and maintainability intended by the code requirements. The purpose of the requested setback reduction between the retaining wall and public right-of-way would facilitate the installation of a low, two-and-one-half-foot (2.5’) tall retaining wall that would prevent soil and landscape plantings from sloughing into the public right-of-way. ✓ c. Will not create substantial adverse impacts to other property(ies) in the vicinity. Staff Comment: The applicant contends that this modification request would not be injurious to other properties in the vicinity. The requested modification would be limited to only the south portion of Tract A. It would not affect existing grading or landscaping of the roadway adjacent to the site. Therefore, with the minimal intrusion provided, this modification request conforms to the intent of the code and would have minimal impact on the street frontage improvements and the neighboring properties. Staff has reviewed the request and concurs that the requested modification would not be injurious to other properties in the vicinity. ✓ 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: See comments under criterion ‘b’. D. DECISION: The proposal satisfies 5 of the 5 criteria listed in RMC 4-9-250D for approval of modifications. Therefore, the Cyprus Lane Plat Retaining Wall Modification, File No. LUA25-000438, MOD, is approved. Docusign Envelope ID: 45EFF21C-70EC-405A-B2CF-CCB6E8F8B6CB City of Renton Department of Community & Economic Development Cyprus Lane Plat Retaining Wall Administrative Modification Report & Decision LUA25-000438, MOD Report of January 8, 2026 Page 4 of 5 D_Cyprus Lane_Retaining Wall_Mod_FINAL DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Matthew Herrera, Planning Director Date TRANSMITTED on January 8, 2026 to the Owner/Applicant/Contact: Owner/Applicant: Contact: Robert P. Wenzl Tuscany Construction, LLC PO Box 2170 Renton, WA 98056 Cliff Williams, PE Development Management Engineers 4648 Shantel St Mount Vernon, WA 98274 TRANSMITTED on January 8, 2026 to the Parties of Record: No Parties of Record TRANSMITTED on January 8, 2026 to the following: Gina Estep, CED Administrator Justin Johnson, Development Engineering Director Clark H. Close, Current Planning Manager Nathan Janders, Development Engineering Manager Anjela Barton, Fire Marshal E. 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 January 22, 2026. 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 Modification decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-9-250. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. Docusign Envelope ID: 45EFF21C-70EC-405A-B2CF-CCB6E8F8B6CB 1/8/2026 | 4:13 PM PST City of Renton Department of Community & Economic Development Cyprus Lane Plat Retaining Wall Administrative Modification Report & Decision LUA25-000438, MOD Report of January 8, 2026 Page 5 of 5 D_Cyprus Lane_Retaining Wall_Mod_FINAL 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: 45EFF21C-70EC-405A-B2CF-CCB6E8F8B6CB CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION REPORT & DECISION EXHIBITS Project Name: Cyprus Lane Plat Retaining Wall Land Use File Number: LUA25-000438, MOD Date of Report January 8, 2026 Staff Contact Jill Ding Senior Planner Project Contact/Applicant Cliff Williams, PE Development Management Engineers 4648 Shantel St, Mount Vernon, WA 98274 Project Location 5816 NE 4th Pl (APN 1123059021) The following exhibits are included with the Administrative Modification Report: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Justification and Plans Docusign Envelope ID: 45EFF21C-70EC-405A-B2CF-CCB6E8F8B6CB