HomeMy WebLinkAboutD_Admin Report_Miller Variance_181116.pdfDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
Miller Variance
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: November 16, 2018
Project File Number: PR18-000363
Project Name: Miller Variance
Land Use File Number: LUA18-000510, VAR
Project Manager: Alex Morganroth, Associate Planner
Owner/Applicant/Contact: Paul and Pam Miller, 3731 Park Ave N, Renton WA 98056
Project Location: 3731 Park Ave N, Renton, WA 98056
Project Summary: The applicant is requesting approval of an Administrative Variance from the
provisions of the Renton Municipal Code (RMC) regulating front yard setbacks
for a new single-family home in the Residential - 6 dwelling unit per acre (R-6)
zone (RMC 4-2-110A). The subject property is located at 3731 Park Ave N (APN
3342700440). The purpose of the variance is to allow for the applicant to
construct a new, 4,841 square foot single-family residential structure at the
subject property. The lot is 15,064 square feet in area. The R-6 zone requires a
rear yard setback of 25 feet and a front yard setback of 25 feet. The applicant is
requesting a variance to allow the proposed structure to encroach 16.84 feet into
the front yard setback at the south property line. Vehicular access to the
property is to remain via the private shared driveway off of Park Ave N. No critical
were mapped on the project site.
Site Area: 0.35 acres
DocuSign Envelope ID: 8AEBDB78-1AAC-4851-8F60-E071B38F7D01
City of Renton Department of Community & Economic Development Administrative Report & Decision
MILLER VARIANCE LUA18-000510, VAR
Report of: November 16, 2018 Page 2 of 8
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B. EXHIBITS:
Exhibit 1: Staff Report
Exhibit 2: Site Plan
Exhibit 3: Photos
Exhibit 4: Public Comments
Exhibit 5: Signature Sheet, submitted by applicant on August 13, 2018
C. GENERAL INFORMATION:
1. Owner(s) of Record:
Paul and Pam Miller
2. Zoning Classification: Residential 6 du/ac (R-6)
3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD)
4. Existing Site Use: Single-family Residential
5. Critical Areas: Moderate coal mine hazard, steep slope
6. Neighborhood Characteristics:
a. North: Residential Medium Density (RMD) Comprehensive Plan Land Use Designation;
Residential-6 DU/AC (R-6) zone
b. East: Residential Medium Density (RMD) Comprehensive Plan Land Use Designation;
Residential-6 DU/AC (R-6) zone
c. South: Residential Medium Density (RMD) Comprehensive Plan Land Use Designation;
Residential-6 DU/AC (R-6) zone
d. West: Residential Medium Density (RMD) Comprehensive Plan Land Use Designation;
Residential-6 DU/AC (R-6) zone
7. Site Area: 0.35 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
Kennydale Annexation N/A 2534 12/31/1969
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 4-2-110: Residential Development Standards
2. Chapter 9 Variances, Waivers, Modifications, and Alternates
a. Section 4-9-250: Variance Procedures
3. Chapter 11 Definitions
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City of Renton Department of Community & Economic Development Administrative Report & Decision
MILLER VARIANCE LUA18-000510, VAR
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F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN:
1. Land Use Element
G. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on July 18,
2018 and determined the application complete on July 27, 2018. The project was placed on hold
September 28, 2018 and taken off hold on November 15, 2018. The project complies with the 120-day
review period.
2. In the original variance application, the applicant requested a variance to allow for a 5-foot encroachment
into the rear yard setback in addition to the 16.84-foot encroachment into the front yard setback. During
the two-week public comment period, three property owners to the north of the subject property
submitted comments expressing concern about the potential for the rear yard encroachment to
negatively impact their properties (Exhibit 4). All three property owners explicitly stated their opposition
to the granting of the variance if the rear yard setback encroachment was included. After discussions
with the neighbors and City staff, the applicant made the decision to remove the request for a rear yard
setback encroachment from the variance application. A new site plan was submitted to the City
demonstrating compliance with the standard 25-foot rear yard setback (Exhibit 2).
3. The applicant is requesting an administrative variance from RMC 4-2-110A in order to construct a single-
family house that would extend 16.75 feet into the front yard setback. The required front yard setback
in the R-6 zoning district is 25 feet. The proposed house would be approximately 4,850 square feet in
size.
4. The applicant’s submittal material complies with the requirements necessary to process a variance
request. The applicant’s updated site plan and photos of the existing conditions are provided as Exhibit
2 and Exhibit 3.
5. The project site is located on a 0.35 acre (15,064 square feet) parcel at 3731 Park Ave N in Renton,
Washington (Parcel #3342700440).
6. The project site is currently undeveloped. A single-family home was previously located on the site but
was demolished in 2016.
7. The subject parcel is surrounded by existing residential uses.
8. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use
designation.
9. The site is located within the Residential-6 units/acre (R-6) zoning classification.
10. No critical areas are located on the project site.
11. The applicant is proposing to begin construction in the spring of 2019 and end in fall of 2019.
12. Staff received four public comments and a signature sheet with 27 signatures collected by the applicant
(as provided in Exhibit 5). No agency comments were recived.
13. Representatives from various city departments have reviewed the application materials to identify and
address issues raised by the proposed development. No comments were received.
14. 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
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places and civic amenities. The proposal is compliant with the following Comprehensive Plan Goals and
Policies:
15. Variance Analysis: The variance would allow the applicant to construct a single-family home that
encroaches into the front-yard setback. The proposal is compliant with the following variance criteria,
pursuant to RMC 4-9-250. Therefore, staff recommends approval of the requested variance.
Compliance Comprehensive Plan Analysis
Goal HHS-C: Increase the stability of neighborhoods by fostering long-term
homeownership, property maintenance, and investments in existing housing.
Goal L-P: Minimize adverse impacts to natural systems, and address impacts of past
practice where feasible, through leadership, policy, regulation, and region coordination.
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 surrounding neighborhood contains a significant number of homes
that are legally non-conforming structures with respect to the R-6 front, rear, and side
setbacks. The subject lot does not front a right-of-way (ROW) and instead utilizes a shared
driveway used for access by three other lots adjacent to the subject property. Per RMC 4-
11-190 Definitions ‘S’, setbacks are defined as the distance between the building footprint
and the ROW or any private access easement. The access easement where the shared
driveway is located within is 22.5 feet wide and occupies approximately 20% of the total
depth of the property. If the setbacks were strictly applied, the front yard setback would
be measured from the edge of the easement instead of the south property line and
significantly decrease the available depth (north/south) for the future home. The
applicant contends that the 34.5 feet of depth that would remain for the structure after
the setbacks are applied would not be adequate for a one-story home. In addition, a
required fire turnaround and utility easement on the east side of the property further
decrease the available buildable area for the new house. The applicant notes that the two
houses to the east of the subject property that also utilize the shared driveway for access
have front yard setbacks of only 2 feet and 13.5 feet when measured from the edge of the
easement. The applicant contends that without granting the variance, strict adherence to
the front yard setback requirement would deprive them of privileges enjoyed by other
property owners in the vicinity and would not allow an adequate building area for their
proposed one-story home. In addition to the two homes directly east of the subject site,
the surrounding neighborhood contains a significant number of homes that are legally
non-conforming structures with respect to the R-6 front, rear, and side setbacks.
Staff has reviewed the proposed variance request and concurs that strict adherence to
the front yard setback requirements may cause unnecessary hardship by depriving the
applicant of the ability to construct their proposed one-story home due to the presence of
the access easement and fire turnaround, as well as the decreased buildable area created
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by measuring the setback from the easement instead of the property line. Staff also
concurs that many other residential property owners in the vicinity have homes that
encroach into setbacks and that the strict interpretation of the development regulations
would deprive the applicant of privileges enjoyed by those nearby owners.
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 by granting of the variance would not be
materially detrimental to the public welfare or injurious to the property or improvements
in the vicinity and zone in which the subject property is situated due to the fact that the
proposed home is only one story and would have a front yard setback greater than many
of the surrounding homes, including the other two homes located to the east of the site
along the private driveway. Although large, the proposed one-story home would not
impede the views of other property owners and would be located approximately 85 feet
from the nearest home to the south of property that has the most potential to be impacted
by the setback encroachment. In addition, the property owners to the south of the project
site and that also have potential to be impacted by the setback encroachment have all
signed a statement of support for the variance (see Exhibit 5).
Staff has reviewed the applicant’s justifications and concurs with their analysis and finds
that the proposed front yard setback encroachment 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 characteristics. The granting of
the variance would not have a negative visual impact on the surrounding property owners
due to the topography of the site and proposed height of the structure. In addition,
property owners to the south of the site and closest to the proposed encroachment have
indicated their support of the project.
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 the approval of the variance would not be
considered a special privilege due to the fact that many of the adjacent existing structures
project into the front, rear, or side yard setbacks. The applicant maintains that the
proposed variance would allow for the construction of a one-story home of adequate
depth while remaining within the average range of sizes and setback encroachments for
homes in the surrounding neighborhood and R-6 zone.
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 the same zoning designation. The granting of this variance
would allow the setbacks proposed home to match those of the neighboring homes that
were constructed under previous zoning regulations.
d. That the approval is the minimum variance that will accomplish the desired purpose.
Staff Comment: The applicant contends that the variance request is only to allow for the
proposed home to utilize similar setbacks and be of similar size of nearby homes. The
applicant is proposing a one-story home in order to allow the owners to “age in place”
and remain in their home if mobility issues arise in the future. In order to provide a similar
amount of square footage as a two-story home would allow for in the R-6 zone, the
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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 into the front yard setback in the R-6 zone, see
FOF 2.
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 at 3731 Park Ave N, within the Residential 6 du/ac (R-6) zoning classification.
4. 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 Administrative Variance for the Miller Variance, File No. LUA18-000510, as depicted in Exhibit 2, is hereby
approved.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Jennifer Henning, Planning Director Date
TRANSMITTED this 16th day of November, 2018 to the Owner/Applicant:
Owner/Applicant:
Paul and Pam Miller
3731 Park Ave N
Renton, WA 98055
TRANSMITTED this 16th day of November, 2018 to the Parties of Record:
See attached
applicant has proposed a larger building footprint which requires an encroachment into
the a setback.
Staff reviewed the variance request and concludes that the proposed setback
encroachment and size of the home would be the minimum required in order to meet the
goal of having a functional one-story living space that will allow the home to remain
accessible to the applicant and allow them to “age in place”. Therefore, for the applicant
to construct a home of similar size as that of neighboring homes and provide the features
necessary to have a functional one-story home, the requested setback encroachment
would be the minimum necessary to accomplish the desired purpose.
DocuSign Envelope ID: 8AEBDB78-1AAC-4851-8F60-E071B38F7D01
11/16/2018 | 2:38 PM PST
City of Renton Department of Community & Economic Development Administrative Report & Decision
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TRANSMITTED this 16th day of November, 2018 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Manager
Amanda Askren, Property and Technical Services Manager
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 November 30th, 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.
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Report of: November 16, 2018 Page 8 of 8
D_Admin Decision_Miller Variance_181116
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CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Miler Variance
Project Number:
PR18-000363, LUA18-000510
Date of Report
November 16, 2018
Staff Contact
Alex Morganroth
Associate Planner
Project Contact/Applicant
Paul and Pam Miller
3731 Park Ave N
Renton, WA 98056
Project Location
3731 Park Ave N
Renton, WA 98056
The following exhibits are included with the ERC Report:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: Photos
Exhibit 4: Public Comments
Exhibit 5: Signature Sheet, submitted by applicant on August 13, 2018
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EXHIBIT 2REVISION Received: 10/24/2018 / lwalkerBUILDING DIVISIONPR17000385B17003480-V3DocuSign Envelope ID: 8AEBDB78-1AAC-4851-8F60-E071B38F7D01
RECEIVED
07/19/2018
amorganroth
PLANNING DIVISION
Exhibit 3
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1
Alex Morganroth
From:LBL <livingbylaura@gmail.com>
Sent:Thursday, August 02, 2018 10:16 AM
To:Alex Morganroth
Subject:Miller Property on 37th and Park Ave
Mr. Morganroth,
I understand that the Millers have asked for a variance on the 3700 block west of Park Avenue. This property is accessed
by a private road and is a very large piece of property from what I can see. I’d like to keep the setbacks to the minimums
described by the City. I do not accept a variance. This is a very large piece of property that has too large a home
designed for it. It’s simply too large.
I understand that the homes built in the 1960’s and 1970’s have some interference with current setback demarcations.
This fact, really has no bearing on current standards. Please refer to the City/county guidelines when considering the
design of this beautiful home. Note that there is a sewer easement that runs through my property for the purpose of the
Millers outgoing sewage. A home was previously constructed on the building site. Variances typically are accepted for
strange, small property geometries such as pie shapes, long skinny lots, or rhombus shapes. This does not apply here.
Thank you for your time,
Laura Lievero
1203 North 38th Street
206-818-5767
livingbylaura@gmail.com
Exhibit 4
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1
Alex Morganroth
From:Fritz WB <fritzwb@hotmail.com>
Sent:Wednesday, August 01, 2018 9:15 PM
To:Alex Morganroth
Subject:Miller Variance PR18-000363
Hi Alex,
I’m a neighbor of the Millers as we share a rear property line. As such, I’m concerned about the proposed
variance to the rear setback requirement.
PR18-000363 Miller Variance / LUA18-000510, V-A
3731 Park Ave N, Renton, WA 98056
Please include my wife and I as a party of record and include us in all future information releases.
Editorial comment: This development has a direct and permanent impact on the value of my property and the
quality of life we have in this location. It is disappointing that the City of Renton chose to hide the Notice of
Application at the far end of a private driveway otherwise inaccessible to the general public and myself.
Thank you,
Fritz W Brendemihl
fritzwb@hotmail.com
Laura Lievero
livingbylaura@gmail.com
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1
Alex Morganroth
From:Victoria Kapetan <victoriakapetan@yahoo.com>
Sent:Thursday, August 02, 2018 11:57 AM
To:Alex Morganroth
Subject:Miller Property on 37th and Park, Kennydale neighborhood
The Millers purchased this property with many restrictions placed on the property by the Seller. They were fully aware of the lot size
when they designed their home and should not be allowed to build an over-sized home requiring variances. The codes are in place for
a reason and should be honored.
Victoria Kapetan
1209 N 38th St.
Renton, WA 98056
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Exhibit 5
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DocuSign Envelope ID: 8AEBDB78-1AAC-4851-8F60-E071B38F7D01
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