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HomeMy WebLinkAboutD_Admin_Decision_Seminoff_Variance_181009DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Admin_Decision_Seminoff_Variance_181009 A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: October 9, 2018 Project File Number: PR18-000243 Project Name: Seminoff Variance Land Use File Number: LUA18-000364 Project Manager: Angelea Weihs, Associate Planner Owner: Trudel LLC; 1404 E Spring St, Seattle, WA 98122 Contact: Wayne Seminoff; PO BOX 956, Kirkland, WA 98083 Project Location: 220 Lind Ave SW Project Summary: The applicant is requesting approval of an Administrative Variance from the provisions of the Renton Municipal Code (RMC) regulating front and secondary front yard setbacks for a new single-family home in the Residential-8 (R-8) zone (RMC 4-2- 110A). The subject property is a corner lot located at 220 Lind Ave SW (APN 1847200005). The purpose of the variance is to allow for the applicant to construct a new single-family residential structure at the subject property. The new single-family residence will have a building footprint of approximately 1,043 square feet. The lot is 4,543 square feet in area. Approximately 1,603 square feet of the lot is occupied by a transmission line easement. The R-8 zone requires a front yard setback of 20 feet and a secondary front yard setback of 15 feet. The applicant is requesting a variance to allow the proposed structure to encroach 10 feet into the front yard setback at the south property line and 5 feet into the secondary front yard setback at the west property line. Vehicular access to the property is proposed via a new residential driveway off of SW 2nd Pl. High landslide hazards and sensitive slopes are mapped on site. A geotechnical report was submitted with the project application. Site Area: 4,544 square fee (0.10 acres) DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 City of Renton Department of Community & Economic Development Seminoff Variance Administrative Report & Decision LUA18-000364 Report of October 9, 2018 Page 2 of 8 D_Admin_Decision_Seminoff_Variance_181009 B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Project Narrative Exhibit 4: Variance Justification Exhibit 5: Staff/Applicant Email Correspondence Exhibit 6: Property Survey Exhibit 7: Geotechnical Report (March 7, 2018) Exhibit 8: Advisory Notes C. GENERAL INFORMATION: 1. Owner(s) of Record: Trudel LLC; 1404 E Spring St, Seattle, WA 98122 2. Zoning Classification: Residential-8 (R-8) Zone 3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD) 4. Existing Site Use: Vacant 5. Critical Areas: High landslide hazards and sensitive slopes 6. Neighborhood Characteristics: a. North: Residential-10 (R-10) b. East: Vacant; R-8 c. South: SW 2nd Pl; R-8 d. West: Lind Ave SW; R-8 7. Site Area: 4,544 square fee (0.10 acres) D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 Annexation N/A 1320 07/13/1948 E. PUBLIC SERVICES: 1. Existing Utilities a. Water: Water service will be provided by the City of Renton. There is an existing water main in Lind Ave SW. DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 City of Renton Department of Community & Economic Development Seminoff Variance Administrative Report & Decision LUA18-000364 Report of October 9, 2018 Page 3 of 8 D_Admin_Decision_Seminoff_Variance_181009 b. Sewer: Sewer service is provided by the City of Renton. There is an existing sewer main in Lind Ave SW. c. Surface/Storm Water: There is an existing 6-inch stormwater main located in SW Langston Rd. 2. Streets: The lot has street frontage along Lind Ave SW and SW 2nd Pl, which are public streets. 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 c. Section 4-2-110: Residential Development Standards 2. Chapter 3 Environmental Regulations a. Section 4-3-050: Critical Area Regulations 3. Chapter 4 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 H. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on May 23, 2018. The applicant was provided a notice of incomplete application on June 7th, 2018. The project was determined complete on August 21, 2018. The project complies with the 120-day review period. 2. The project site is located at 220 Lind Ave SW. 3. The project site is currently vacant, with an existing transmission line easement that runs diagonally across the property from west to east. 4. Vehicular access to the property is proposed via a new residential driveway off of SW 2nd Pl. 5. The site is located within the Residential-8 (R-8) zoning classification and the Residential Medium Density (MD) Comprehensive Plan land use designation. 6. The primary front yard setback fronts Lind Ave SW to the west and the secondary front yard setback fronts SW 2nd Pl to the south. 7. There are a total of two trees located on site, both of which the applicant is proposing to remove. 8. The site is mapped with high landslide hazards and sensitive slopes. DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 City of Renton Department of Community & Economic Development Seminoff Variance Administrative Report & Decision LUA18-000364 Report of October 9, 2018 Page 4 of 8 D_Admin_Decision_Seminoff_Variance_181009 9. Approximately 400 cubic yards of material would be cut on site for the foundation. No fill is proposed for the project. 10. The applicant proposes to begin construction following land use and building permit approval. 11. Staff received no public or agency comment letters for this project. 12. 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. 13. Comprehensive Plan Compliance: The site is designated Residential Medium Density (MD) on the City’s Comprehensive Plan Map. The purpose of the MD designation is to allow a variety of single-family and multi-family development types, with continuity created through the application of design guidelines, the organization of roadways, sidewalks, public spaces, and the placement of community gathering places and civic amenities. The proposal is compliant with the following Comprehensive Plan Goals and Policies if all conditions of approval are met: Compliance Comprehensive Plan Analysis  Policy L-3: Encourage infill development of single-family units as a means to meet growth targets and provide new housing.  Goal L-I: Utilize multiple strategies to accommodate residential growth, including:  Development of new single-family neighborhoods on large tracts of land outside the City Center,  Development of new multi-family and mixed-use in the City Center and in the Residential High Density and Commercial Mixed Use designations, and  Infill development on vacant and underutilized land in established neighborhoods and multi-family areas. 14. Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas Regulations (RMC 4-3-050). High landslide hazards and sensitive slopes are mapped on the project site. A geotechnical report was submitted with the project application. The proposal is consistent with the Critical Areas Regulations. Compliance Critical Areas Analysis  Geologically Hazardous Areas: Based upon the results of a geotechnical report and/or independent review, conditions of approval for developments may include buffers and/or setbacks from buffers. A standard 15-foot building setback is required for all structures from Protected Slope areas. A 50-foot buffer and 15-foot building setback are required from Very High Landslide Hazard Areas. Staff Comment: The applicant submitted a Geotechnical Engineering Report (dated March 7, 2018), prepared by Associated Earth Sciences, Inc., with the project application. Based on the report, gentle slopes inclinations (under 25 percent [25%] slope) and medium-dense to dense soils at relatively shallow depths beneath the surface were observed at the project site. The report further states that, based on the soil types and slopes, it does not appear that the site contains areas that are considered to be governed by regulations associated with steep slopes and landslide hazards. The DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 City of Renton Department of Community & Economic Development Seminoff Variance Administrative Report & Decision LUA18-000364 Report of October 9, 2018 Page 5 of 8 D_Admin_Decision_Seminoff_Variance_181009 report states that, from a geotechnical standpoint, the parcel is suitable for construction of the proposed single family residence, and that conventional spread footing foundations may be utilized. 15. Variance Analysis: The applicant is requesting a variance to allow for a new single family residence to encroach 10 feet into the front yard setback at the south property line and 5 feet into the secondary front yard setback at the west property line. The applicant proposes a front yard and secondary front yard setback of 10 feet, rather than the required 20 foot front yard and 15 foot secondary front yard setbacks. The proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250.B.5, provided conditions of approval are met. Therefore, staff recommends approval of the requested variance with conditions. 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 site contains an electrical utility easement that runs diagonally across the site from north to south. This easement serves electricity to a large portion of the regional population. Approximately 1,603 square feet of the 4,543 square foot lot is occupied by the utility easement. The applicant states that the portion of the building pad that is buildable is irregularly shaped, due to the easement’s diagonal orientation across the site. The site also has two public street frontages, which further reduces the building pad due to the secondary front setback requirements. Therefore, the applicant states that the size and shape of the regional electrical utility easement, combined with the secondary front yard setback, are special circumstances applicable to the subject lot. With deduction of the utility easement and required setbacks, the remaining buildable footprint would be approximately 679 square feet, and would be triangular shaped. The applicant states that the limited size and shape of the buildable area makes it difficult to provide the usual appurtenances and accessory uses of a house, including, but not limited to, a garage. Detached and attached garages are allowed accessory uses within Renton Municipal Code and are enjoyed by other property owners in the vicinity and R-8 zone. The applicant states that, with the deduction of required setbacks, a standard stall depth of 20 feet (20’) would not fit without the variance, regardless of whether the garage access was taken from Lind Ave SW or SW 2nd Pl. Additionally, if the driveway accessed from Lind Ave SW, the cross slope would be approximately 19 percent (19%), which would exceed driveway slope regulations per RMC 4-4-080I.6.a. Due to the topography of the site, the applicant proposes garage access from the south property line (SW 2nd PL). The applicant concludes that, due to the existing electrical utility easement, remaining buildable area, and site topography, compliance with the required front and secondary front yard setbacks result in practical difficulties for the placement and design of a single family residence. DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 City of Renton Department of Community & Economic Development Seminoff Variance Administrative Report & Decision LUA18-000364 Report of October 9, 2018 Page 6 of 8 D_Admin_Decision_Seminoff_Variance_181009 Staff agrees that the existing easement, required setbacks, and topography of the site results in practical difficulties for the design and construction of a single family home, and that approval of this variance will not constitute a grant of special privilege. Therefore, staff recommends approval of the variance to allow a front yard and secondary front yard setback of 10 feet (10’), rather than the required 20-foot front yard and 15-foot secondary front yard setbacks. In order to allow for architectural modulation/projections, staff recommends approval of allowing projections within the reduced (10’) front and secondary front yard setback, per RMC 4-2-110D.4., provided the projections are limited to two feet (2’) in depth, except for eaves, which may encroach an additional two feet for the projections. Compliant if conditions of approval are met. b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. Staff Comment: The applicant states that the new home will comply with the latest building code, fire code, and other life safety standards. The applicant clarifies that current stormwater requirements, to which the project will conform, have higher standards than older homes that were developed in the vicinity. The applicant also states that the reduced setbacks would easily allow for the clear vision area requirement, as prescribed in RMC 11-30-030, to be met. The applicant states that the current asphalt is approximately nine feet (9’) from the property line, therefore, the clear vision area is significantly greater than the minimum required by code. The applicant also argues that granting the variance will not be injurious to the property or improvements in the vicinity and zone as the proposed home will not impact the existing uses or potential uses of the adjacent properties. While staff agrees that the proposed 10-foot (10’) street setbacks will not be injurious to the property or surrounding community, staff notes that nearby properties in the vicinity that have reduced/nonconforming street setbacks also have landscaping within the setback and/or right-of-way that exceeds current landscaping requirements. Per RMC 4-4-070C.2, single-family building permits (when not part of a subdivision) are exempt from street frontage landscaping requirements, with the exception of street tree requirements. In order to increase compatibility with the surrounding neighborhood and reduce the visual impact of the reduced (10 foot) front and secondary front yard setbacks, staff recommends as a condition of approval that the applicant include a minimum eight-foot (8’) landscape strip that includes a mixture of trees, shrubs, and groundcover, along both street frontages. In addition, in order to ensure adequate vehicular parking and prevent vehicular parking or projections within the street, staff recommends as a condition of approval that the garage door maintain a distance of at least 16 feet (16’) from the front or secondary front yard property line. The unimproved right-of-way (ROW) width between the property lines and the paved street on both Lind Ave SW and SW 2nd Pl is approximately four feet (4’). If a fee in lieu of street improvements is approved, the combined depth of 16 feet (16’) on-site parking and 4 feet (4’) ROW will total 20 feet (20’), which complies with the minimum parking stall length requirement of 20 feet (20’) for surface parking per RMC 4-4-080F.8.a.i. DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 City of Renton Department of Community & Economic Development Seminoff Variance Administrative Report & Decision LUA18-000364 Report of October 9, 2018 Page 7 of 8 D_Admin_Decision_Seminoff_Variance_181009  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: See comments under criterion a.  d. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: The applicant states, and staff agree, that the reduced setbacks are the minimum necessary to allow for a reasonably sized home that contains a two-car garage. I. CONCLUSIONS: 1. The development regulations require that all structures be setback a certain distance from the property lines. The applicant is requesting approval to encroach 10 feet (10’) into the front yard setback and 5 feet (5’) into the secondary front yard setback in the R-8 zone, see FOF 15. 2. The subject site is located in the Residential Medium Density (MD) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 13. 3. The subject site is located within 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 and conditions of approval. 4. The proposed variance complies with the Critical Areas Regulations, see FOF 14. 5. Provided the applicant complies with City Code and conditions of approval, the requested variance meets the four criteria to be considered in making a decision on a variance request as specified in RMC 4-9- 250B.5. The analysis of the proposal according to variance criteria is found in the body of the Staff Report, see FOF 15. J. DECISION: The Seminoff Variance, File No. LUA18-000364, as depicted in Exhibit 2, is approved and is subject to the following conditions: 1. The applicant shall submit a landscape plan with the building permit application that includes a minimum eight-foot (8’) landscape strip along both street frontages with the exception of areas for required walkways and driveways. The landscape strip shall include a mixture of trees, shrubs, and groundcover along both street frontages. 2. The garage door shall maintain a distance of at least 16 feet from the front or secondary front yard property line. 3. Projections within the reduced ten-foot(10’) front and secondary front yard setbacks, per RMC 4-2- 110D.4., shall be limited to two feet (2’) in depth, except for eaves, which may encroach an additional two feet (2’) for the projections. DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 City of Renton Department of Community & Economic Development Seminoff Variance Administrative Report & Decision LUA18-000364 Report of October 9, 2018 Page 8 of 8 D_Admin_Decision_Seminoff_Variance_181009 DATE OF DECISION ON LAND USE ACTION: SIGNATURE: _____________ Jennifer Henning, Planning Director Date TRANSMITTED this 9th day of October, 2018 to the Owner/Contact: Owner: Contact: Trudel LLC 1404 E Spring St, Seattle, WA 98122 Wayne Seminoff PO BOX 956, Kirkland, WA 98083 TRANSMITTED this 9th day of October, 2018 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Lillian Watson, Property Services Vanessa Dolbee, Current Planning Manager Rick Marshall, 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 October 23, 2018. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk’s Office, (425) 430-6510. 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. 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: 51F3B16E-B2EB-4446-84D7-976A326AD295 10/9/2018 | 12:22 PM PDT CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Seminoff Variance Project Number: LUA18-000364 Date of Report October 9, 2018 Staff Contact Angelea Weihs Associate Planner Project Contact/Applicant Wayne Seminoff; PO BOX 956 Kirkland, WA 98083 Project Location 220 Lind Ave SW The following exhibits are included with the ERC Report: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Project Narrative Exhibit 4: Variance Justification Exhibit 5: Staff/Applicant Email Correspondence Exhibit 6: Property Survey Exhibit 7: Geotechnical Report (March 7, 2018) Exhibit 8: Advisory Notes DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 SW 2nd PLLIND AVE SWTRANSMISSION LINEEASEMENT RECORDED INVOLUME 2201 OF DEEDS,PAGE 536, (RECORDING#230518-2-004) RECORDSOF KING COUNTY, WA.5' BSBL 42'-7"0'20'20' BSBL90.08' N00°38'47"W S88°16'10"E52.13'90.00' S01°27'39"WN88°16'10"W48.82'5'20'-6"10'40'-10"SUBJECTPROPERTYOVERHEADPOWER60'-10"9'30'32'26'-10 "FIRE HYDRANTUTILITYPOLE(futuretransformer)10' BSBL(PROPOSED)10' BSBL (PROPOSED) 16'AGENT: GEORGE STEIRER – PLAN TO PERMIT, LLCGeorge@plantopermit.com206-909-2893www.PlanToPermit.comOWNER: LISA SEMINOFF & TRUDEL, LLCDATE: 01/18/2018SHEETP1.0DISCLAIMER: The information is provided for preliminary purposes only. Plan to Permit, LLC, its officers,employees or agents make no warranty of any kind, express or implied, regarding the accuracy of theinformation. A survey should be aquired for accurate information. Information Source: King County. © 2017Plan to Permit, LLCPROJECT NAME: LIND AVENUE VARIANCEDESCRIPTION: DEVELOP EXISTING VACANT LOT FOR A SINGLE FAMILY RESIDENCESITE:184720-0005SECTION: 18 TOWNSHIP: 23 RANGE: 05RECEIVED05/23/2018 AWeihsPLANNING DIVISIONEXHIBIT 2DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 SW 2nd PLLIND AVE SWTRANSMISSION LINEEASEMENT RECORDED INVOLUME 2201 OF DEEDS,PAGE 536, (RECORDING#230518-2-004) RECORDSOF KING COUNTY, WA.0'20'90.08' N00°38'47"W S88°16'10"E52.13'90.00' S01°27'39"WN88°16'10"W48.82'SUBJECTPROPERTYEXITING TREES(TO BE REMOVED)OVERHEADPOWER60'-10"30'FIRE HYDRANTUTILITYPOLE(futuretransformer)SSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SSAGENT: GEORGE STEIRER – PLAN TO PERMIT, LLCGeorge@plantopermit.com206-909-2893www.PlanToPermit.comOWNER: LISA SEMINOFF & TRUDEL, LLCDATE: 01/18/2018SHEETP2.0DISCLAIMER: The information is provided for preliminary purposes only. Plan to Permit, LLC, its officers,employees or agents make no warranty of any kind, express or implied, regarding the accuracy of theinformation. A survey should be aquired for accurate information. Information Source: King County. © 2017Plan to Permit, LLCPROJECT NAME: LIND AVENUE VARIANCEDESCRIPTION: DEVELOP EXISTING VACANT LOT FOR A SINGLE FAMILY RESIDENCESITE:184720-0005SECTION: 18 TOWNSHIP: 23 RANGE: 05CLEARING LIMITSDocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 Plan to Permit, LLC www.PlanToPermit.com george@PlanToPermit.com 206-909-2893 May 22, 2018 PROJECT NARRATIVE Seminoff Variance at 220 Lind Ave SW (184720-0005) 1. Project name, size and location of site: The Seminoff Variance, requests street setbacks reduced to 10 feet, on a 4,543 square foot lot, located at 220 Lind Ave SW. The site is also identified by King County Department Assessment’s parcel identification number 184720-0005. 2. Land use permits required for proposed project: The only known land use permit required is a variance. 3. Zoning designation of the site and adjacent properties: The site, and adjacent properties to the east, south and west, are zoned R8. The property to the north is zoned R10. 4. Current use of the site and any existing improvements: The site is currently vacant. 5. Special site features (i.e. wetlands, water bodies, steep slopes): The site has an average slope of 22%. 6. Statement addressing soil type and drainage conditions: Below 8 to 10 inches the soil type is Tukwila Formation. The bedrock deposits encountered by the geotechnical engineer are not likely a suitable infiltration receptor due to the high silt content and high density. This information is based on the report by Associated Earth Sciences, dated March 7, 2018. 7. Proposed use of the property and scope of the proposed development: The proposed use of the property is a single family residence. The scope of the proposal is a variance for reduced setbacks, to construct one house. 8. For plats indicate the proposed number, net density and range of sizes (net lot area) of the new lots: No plat or additional lots are proposed. 9. Access is currently proposed from SW 2nd Place, which is on the south side of the lot. 10. Proposed off-site improvements (i.e. installation of sidewalks, fire hydrants, sewer main, etc.): Off -site improvements includes driveway to the existing asphalt on SW 2nd Place, a walkway from the asphalt in Lind Avenue to the front door, a water line, a side sewer, and storm water improvements to serve the lot. 11. Total estimated construction cost and estimated fair market value of the proposed project: The estimated construction cost and fair market value is $320,000. 12. Estimated quantities and type of materials involved if any fill or excavation is proposed: 400 cubic yard of existing native soil are estimated to be excavated for the foundation. No fill is currently anticipated. 13. Number, type and size of any trees to be removed: Two Maple trees (10” and 14” DBH) are anticipated to be removed. 14. Explanation of any land to be dedicated to the City: No land is anticipated to be dedicated to the City. 15. Any proposed job shacks, sales trailers, and/or model homes: No job shack, sales trailer, or model is anticipated. 16. Any proposed modifications being requested (include written justification): Written justification is provided as a separate document. RECEIVED 05/23/2018 AWeihs PLANNING DIVISION EXHIBIT 3 DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 Plan to Permit, LLC www.PlanToPermit.com george@PlanToPermit.com 206-909-2893 Angelea Weihs, Associate Planner City of Renton 1055 S. Grady Way Renton, WA 98057 RE: Seminoff Variance at 220 Lind Ave SW (184720-0005) May 22, 2018 Dear Angelea: Below are the criterion of approval for a variance (in bold) per RMC 4-9-250.B.5, followed by a response on how the application meets the criterion (in blue italics): A. That the applicant [i] 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 [ii] 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; Responses: i. The site contains an electrical utility easement over a significant portion of the site. This easement serves electricity to a large portion of the regional population. This regional easement is larger than most easements on a lot, and covers a significant portion of the usual building pad. The portion of the building pad that is buildable is irregularly shaped, due to the regional easement. The size and location of the easement is unique. The site also fronts two rights of way, which further results in a reduced building pad due to the secondary front setback requirement. The unusually large regional electrical utility easement, and shape of the large easement, combined with the secondary front yard setback, are special circumstances applicable to the subject lot related to the size and shape. The limited size and shape of the buildable area makes it difficult to provide the usual appurtenances and accessory uses of a house, including, but not limited to, a garage. These appurtenances and accessory are allowed uses (rights and privileges) granted by the Renton Municipal Code (RMC 4-2-060.Q) and enjoyed by other property owners in the vicinity and R8 zone. Additionally, Washington State has determined that a garage is reasonable use of the property, and is justification for the need of a variance (Washington State Shoreline Hearings Board Case SHB95- 006; Washington State Court of Appeals, Division I, Case No. 74435-6). If the driveway entered from Lind Avenue, the standard stall depth of 20 feet would not fit, without the variance. Additionally, the driveway would have a cross slope of 19%. Cross slopes are typically limited to 5%, due to driving and emergency access safety. Therefore, the entrance must be on the north or south side of the lot. Due to the building pad shape, and existing road (SW 2nd PL), the site is most accessible from the south side. Without the reduced setbacks, the building pads would be too narrow to construct a garage, even on the south side. Therefore, the existing building pad size, building pad shape, and topography results in practical difficulties for the placement and design of a single family residence, when considering the existing street setbacks. RECEIVED 05/23/2018 AWeihs PLANNING DIVISION EXHIBIT 4 DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 05/22/2018 Page 2 of 2 Plan to Permit, LLC The strict application of the setbacks are not necessary to maintain life safety. Please see the responses to the second criterion of approval, below, for further discussion. Thus, the strict application of the setback standards make the siting of the home more difficult, and harder, then necessary. ii. The site is located in the R8 zoning district, which allows 50% building coverage (RMC 4-2-110A). The standard setbacks would only allow 14.9% building coverage. Much of the 14.9% area is irregularly shaped, and result in unfunctional (dead) building space. This is significantly lower than the building coverage allowed to other property owners in the vicinity and the identical R8 zoning classification. Therefore, the regional easement and standard setbacks deprives the subject property owner of a right and privilege (building coverage, accessory uses, etc), which is enjoyed by other property owners in the vicinity and under the identical R8 zone classification. 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; Response: The new home will comply with the latest building code, fire code, and other life safety standards. The latest stormwater requirements will be complied with for the proposal, which has higher stormwater standards than older homes that were developed in the vicinity. The reduced setbacks would easily allow for the clear vision area, as prescribed in RMC 11-30-030, to be met. It should be noted that the current asphalt is approximately nine feet from the property line. Thus, the clear vision area is significantly greater than the minimum required by the code. Therefore, granting the variance will not be injurious to the property or improvements in the vicinity and zone as the proposed home will not impact the existing uses or potential uses of the adjacent properties. C. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; Response: The criteria for approval states “with the limitation upon uses of other properties in the vicinity and zone”. The underlying zone is R8, which allows single family homes as a use. The proposed variance would allow a single family residence, and accessory uses, consistent with other uses in the vicinity and the zone. D. That the approval is a minimum variance that will accomplish the desired purpose. Response: The reduced setbacks are the minimum necessary to allow for a garage, and meet the Renton design requirements for it to be recessed. We also note that the proposed house design has a smaller building footprint than any other building in the vicinity, based on King County Department of Assessments data. Thank you for your time, attention to this letter, and assistance. Please feel free to contact me at george@plantopermit.com if you have any questions or need any additional information. Sincerely George Steirer Plan to Permit, LLC DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 From: George Steirer <george@plantopermit.com> Sent: Wednesday, August 22, 2018 1:27 PM To: Angelea Weihs Subject: Re: Seminoff Variance (LUA18-000364) Attachments: 13 and 25-House Plans - Arch NW- 01-16-2018-Floor plans highlighted in Yellow.pdf; Lind Ave Arch Plans 08-22- 2018a.pdf Follow Up Flag: Follow up Flag Status: Flagged Hi Angelea: I hope that your vacation went well, or goes well if you have not left yet. Below is a copy of each of your most recent questions (in bold), followed by a response (in italics). 6. It looks like the floorplans are not complete, only the garage floor and second floor are shown. The plans submitted on May 23, 2018 illustrate all three floor plans. I would agree that one of the floor plans is in a little bit of an unusual place (on the site plan). For ease of reference, I have attached the plans that were originally submitted, and highlighted (in yellow) the three floors. In hopes that it may help in your review, I have put the floor plans into AutoCAD (also attached). This also addresses the height issue that you mentioned. Thank you for calling out that code requirement. 7. I assumed the square footage of the proposed home you have shown is 1,430 based on your provided floor plans. Is this not correct? The total area total 2,805 square feet, as measured from the outside of the walls. The square footage includes the basement, garage, and mechanical spaces. Is there a code issue with the square footage proposed? 8. In addition, the maximum number of stories is 2. There are two "stories" as defined by RMC 4-11-190. The attached updated elevations illustrate the coverage and height of the basement area. The basement does not meet the city’s definition of a “story”. Could you please confirm that this meets the zoning code for the maximum number of stories? George Steirer Plan to Permit, LLC 206-909-2893 George@PlanToPermit.com www.PlanToPermit.com EXHIBIT 5 DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 On 8/20/2018 4:07 PM, Angelea Weihs wrote: Hello George, It looks like the floorplans are not complete, only the garage floor and second floor are shown. I assumed the square footage of the proposed home you have shown is 1,430 based on your provided floor plans. Is this not correct? In addition, your proposal does not comply with the height regulations. The maximum wall plate height permitted in the zone is 24 feet. Only one variance can be applied for per the criteria. In addition, the maximum number of stories is 2. It might be a good idea to provide me a revised elevation/floorplans that complies with code and demonstrates compliance with required height before my return on September 4th, otherwise the decision and review will be based on a building that exceeds height regulations and is only 10 feet from the public ROW. Have a great day! Angelea Weihs Associate Planner, City of Renton 1055 S. Grady Way Renton, WA 98057 (425) 430-7312 From: George Steirer [mailto:george@plantopermit.com] Sent: Monday, August 20, 2018 3:12 PM To: Angelea Weihs <AWeihs@Rentonwa.gov> Subject: Re: Seminoff Variance (LUA18-000364) Hi Angelea: Below is a copy of each of the most recent questions, followed by a response. I hope this is of help in the review. 4. What is the proposed maximum wall plate height you are proposing, or in the case of the shed roof, midpoint of the shed roof? The maximum height will not exceed 32 feet. 5. Your front elevation looks a little like you are proposing 3 stories, but you are only proposing 2 stories correct? Three floors are proposed; a garage floor, 1st floor, and 2nd floor. I hope this is of help. DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 George Steirer Plan to Permit, LLC 206-909-2893 George@PlanToPermit.com www.PlanToPermit.com On 8/20/2018 12:10 PM, Angelea Weihs wrote: Hello George, What is the proposed maximum wall plate height you are proposing, or in the case of the shed roof, midpoint of the shed roof? Your front elevation looks a little like you are proposing 3 stories, but you are only proposing 2 stories correct? Thank you, Angelea Weihs Associate Planner, City of Renton 1055 S. Grady Way Renton, WA 98057 (425) 430-7312 From: George Steirer [mailto:george@plantopermit.com] Sent: Friday, August 17, 2018 10:52 AM To: Angelea Weihs <AWeihs@Rentonwa.gov> Subject: Re: Seminoff Variance (LUA18-000364) Hi Angelea: Below is a copy of each of the questions, followed by a response. I hope this is of help in the review. 1. What is the buildable area of the site with current setbacks? The 679 square feet outside of the standard setbacks is a very odd shape, and difficult to build upon with functional space. 2. What is the buildable area that you are requesting with the 10 foot setbacks? The proposed building footprint is 1,043 square feet DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 (including the garage), in an odd shaped 1,521 square foot area outside of the easement and proposed setbacks. 3. The site plan you provided shows that you have 3 existing trees on site, all of which are proposed for removal. The attached waiver form states that the arborist report is waived only if 30% tree retention is maintained. Can you please clarify? The site plan and survey shows a total of 2 existing trees on site. The driveway location is because (a) a standard parking stall is 18 feet deep, (b) exterior walls are each approximately 7 inches thick, (c) the zoning code requires that the garage be set back 5 feet from the front of the house, and (d) the total width of the areas outside of the easement and setback at the east side of the lot is less than 18'. Therefore, both trees would be in the driveway. Unfortunately, the two trees will need to be removed. I can see if the owner is willing to plant replacement trees, if you feel that would be beneficial to the variance application. Please do not hesitate to contact me if I can provide any additional information. Thank you for your time and assistance with this project. George Steirer Plan to Permit, LLC 206-909-2893 George@PlanToPermit.com www.PlanToPermit.com On 8/16/2018 2:22 PM, Angelea Weihs wrote: Hello George, I have some questions, first what is the buildable area of the site with current setbacks and what is the buildable area that you are requesting with the 10 foot setbacks? Also, the site plan you provided (attached) shows that you have 3 existing trees on site, all of which are proposed for removal. The attached waiver form states that the arborist report is waived only if 30% tree retention is maintained. Can you please clarify? Thank you! Angelea Weihs Associate Planner, City of Renton 1055 S. Grady Way Renton, WA 98057 DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 (425) 430-7312 From: George Steirer [mailto:george@plantopermit.com] Sent: Thursday, August 16, 2018 11:25 AM To: Angelea Weihs <AWeihs@Rentonwa.gov> Subject: Re: Seminoff Variance (LUA18-000364) Good eye! Please see the attached version. Thank you. George Steirer Plan to Permit, LLC 206-909-2893 George@PlanToPermit.com www.PlanToPermit.com On 8/16/2018 9:02 AM, Angelea Weihs wrote: Hey George, The date was not filled in/completed. Thank you, Angelea Weihs Associate Planner, City of Renton 1055 S. Grady Way Renton, WA 98057 (425) 430-7312 From: George Steirer [mailto:george@plantopermit.com] Sent: Wednesday, August 15, 2018 4:30 PM To: Angelea Weihs <AWeihs@Rentonwa.gov> Subject: Seminoff Variance (LUA18- 000364) Hi Angelea: DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 Attached is the notarized copy of the requested indemnification. Please let me know if any additional information is needed. Thank you for your time and help with this. George Steirer Plan to Permit, LLC 206-909-2893 George@PlanToPermit.com www.PlanToPermit.com DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 EXHIBIT 6 DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 Entire Document Available in Laserfiche Submittals Folder EXHIBIT 7 DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Page 1 of 2 LUA18-000364 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use action. Planning: (Contact: Angelea Weihs, 425-430-7312, aweihs@rentonwa.gov) 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o’clock (7:00) a.m. and eight o’clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o’clock (9:00) a.m. and eight o’clock (8:00) p.m. No work shall be permitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division’s approval of this work is required prior to final inspection and approval of the permit. 4. The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious surfaces, or compact the earth in any way within the area defined by the drip line of any tree to be retained. 5. The applicant shall erect and maintain six foot (6') high chain link temporary construction fencing around the drip lines of all retained trees, or along the perimeter of a stand of retained trees. Placards shall be placed on fencing every fifty feet (50') indicating the words, “NO TRESPASSING – Protected Trees” or on each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups of trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. 6. This permit is shall comply with the Bald and Golden Eagle Protection Act. The permitted is responsible for adhering to the U.S. Fish and Wildlife Service National Bald Eagle Management Guidelines (2007) and /or your U.S. Fish and Wildlife Service permit. Development Engineering: (Contact: Brianne Bannwarth, 425-430-7299, bbannwarth@rentonwa.gov) 1. See Attached Development Engineering Memo dated x, 2017 Fire Authority: (Contact: Corey Thomas, 425-430-7024, cthomas@rentonwa.gov) 1. No Comments. Technical Services: (Contact: Amanda Askren, 425-430-7369, aaskren@rentonwa.gov) 1. Title report provided has a different parcel number than the property. Please provide a correct title report for this property. (Title Indemnification Provided) EXHIBIT 8 DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295 ADVISORY NOTES TO APPLICANT Page 2 of 2 LUA18-000364 Community Services: (Contact: Leslie Betlach, 425-430-6619, lbetlach@rentonwa.gov) 1. Parks Impact fee per Ordinance 5670 applies. Police: (Contact: Cyndie Parks, 425-430-7521, cparks@rentonwa.gov) 1. No comments. Building: (Contact: Craig Burnell, 425-430-7290, cburnell@rentonwa.gov) 1. Recommendations of the geotechnical report must be followed as a condition of building permits. DocuSign Envelope ID: 51F3B16E-B2EB-4446-84D7-976A326AD295