HomeMy WebLinkAboutD_Aguiar_Special_Fence_Permit_190405DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
ADMINISTRATIVE SPECIAL FENCE PERMIT
DATE:
PROJECT NUMBER:
PROJECT NAME:
PROJECT MANAGER:
April 05, 2019
Aguiar Special Fence
LUA19-000054
Angelea Weihs, Assoicate Planner
OWNER:Wesley & Jodelle Aguiar
463 Index Ave NE
Renton, WA 98056
PROJECT LOCATION:463 Index Ave NE
PARCEL NUMBER:7236500005
PROJECT DESCRIPTION
& ANALYSIS:
The applicant has requested approval of a Special Fence Permit for the installation of
a maximum 6 foot tall cedar fence on top of an existing one to three foot tall
retaining wall within the secondary front yard setback (north property line) and rear
yard along a street setback (west property line). The property is located at 463 Index
Pl NE, and is within the R-8 zone. The property is located on the southwest corner of
Index Ave NE and Index Pl NE and is surrounded by public right of way (ROW) on
three of the five sides of the property. The fence was installed without a special
fence permit (Code Case violation number CODE17-000453) along the west property
line inside the property boundary, and along the north property line, partially within
the public ROW (See Exhibit 1).The applicant received approval, with conditions, of a
ROW Use Permit (C18003701; See exhibit 2) to allow the fence and retaining wall to
remain within the public ROW, provided the applicant submit a request for a Special
Fence Permit for administrative review and determination. The fence is located on
top of the one to three foot retaining wall (See Exhibit 3), without an eight foot
landscape strip as required per RMC4-4-040D.3.e.ii. The applicant proposes to keep
the existing fence location, without the the requirement for landscaping, in order to
preserve the private yard area which is impacted by the street setbacks.
City staff agrees with the applicant's justification for a reduced setback, however
staff has determined that elimination of the required landscape strip will not serve
to eliminate blank walls along the public roadway. Therefore, staff recommends as a
condition of approval, that the applicant either: install a wrought iron or wood fence
that is at least fifty percent (50%) transparent in the existing fence location, or the
applicant shall submit a landscape plan for review and approval by the current
planning project manager that includes a minimum 5 foot landscape strip within the
public ROW in front of fence. The landscape plan shall include a mixture of trees,
shrubs, and ground cover. The 5 foot landscape strip shall be planted with 11 ground
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DocuSign Envelope ID: 48F8A6D9-C818-44DC-B467-839DB1376DC7
City of Renton Department of Community & Economic Development
Aguiar Special Fence
Administrative Special Fence Permit
LUA19-000054
cover plants (minimum 4 inch pots) per 5 linear feet and 5 low shrubs (minimum
mature height of 3 feet) per 5 linear feet, and shall comply with the planting
standards of RMC4-4-040D.3.e.iv-vi. The applicant shall contact the current planning
project manager following installation of the landscaping for an inspection. The
inspection of the approved landscape plan resolves code case number
CODE17-000453.
FENCE LOCATION:Clear Vision Area
Front Yard
Rear Yard
X Rear Yard Along a Street
Side Yard
X Side Yard Along a Street
FENCE DESIGN: Increased Setbacks from Sidewalks
Modulation of Fence
Ornamental Materials or ConstructionX
Permanent LandscapingX
Quality Fence MaterialsX
Similar to Design & Material of Surrounding Fence
EVALUATION CRITERIA:Improves Privacy:Achieved
Limits Blank walls Along Walkway:Achieved
In Scale with Neighborhood:Achieved
Does Not Create a Traffic Hazard:Achieved
Aesthetically Pleasing:Achieved
DECISION:Approved with Conditions*
*CONDITIONS OF APPROVAL:
The applicant shall either: install a wrought iron or wood fence that is at least fifty percent (50%)
transparent in the existing fence location, or the applicant shall submit a landscape plan for review and
approval by the current planning project manager that includes a minimum 5 foot landscape strip within
the public ROW in front of fence. The landscape plan shall include a mixture of trees, shrubs, and
ground cover. The 5 foot landscape strip shall be planted with 11 ground cover plants (minimum 4 inch
pots) per 5 linear feet and 5 low shrubs (minimum mature height of 3 feet) per 5 linear feet, and shall
comply with the planting standards of RMC4-4-040D.3.e.iv-vi. The applicant shall contact the current
planning project manager following installation of the landscaping for an inspection.
1
SIGNATURE & DATE OF DECISION:
April 05, 2019
DateJennifer Henning, Planning Director
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DocuSign Envelope ID: 48F8A6D9-C818-44DC-B467-839DB1376DC7
City of Renton Department of Community & Economic Development
Aguiar Special Fence
Administrative Special Fence Permit
LUA19-000054
ADVISORY NOTE:The applicant should contact the Utility Notification Center, by dialing 800-424-5555,
to determine the location of underground utilities (telephone, streetlights, cable,
electric), which may be located behind the sidewalk.
Appeals of permit issuance must be filed in writing on or before 5:00 p.m. on April 19, 2019, together with the
required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the
Examiner are governed by RMC 4-8-110 and more information regarding the appeal process may be obtained from
the Renton City Clerk’s Office, 425-430-6510.
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.
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DocuSign Envelope ID: 48F8A6D9-C818-44DC-B467-839DB1376DC7
EXHIBIT 1DocuSign Envelope ID: 48F8A6D9-C818-44DC-B467-839DB1376DC7
September 6, 2018
Lee Michaelis
Puget Sound Planning
24113 56th Avenue W
Mountlake Terrace, WA 98043
RE: REVOCABLE RIGHT OF WAY USE PERMIT
463 Index Avenue NE (C18003701) – Driveway, Retaining Wall, and Fence
Dear Mr. Michaelis,
The City has reviewed your request for a Revocable Right of Way Use application to maintain:
(1) An existing rockery retaining wall and existing wood fence located along the easterly right of
way line of Index Pl NE, and
(2) Use of the existing driveway located at the corner of Index Pl NE and Index Avenue NE and
maintain the concrete pavers installed within the right of way to improve the driveway.
See the attached site plan showing the proposed right of way encroachments. The following summarizes
the City’s analysis and decision.
ANALYSIS: The City has considered the request for the revocable right of way use under RMC 9-2-1. As
part of the review, the City ensures that the improvements proposed in the right of way are consistent
with City Code and does not adversely impact City utility systems or the function of the right of way. See
below for analysis.
1. The existing rockery retaining wall and existing wood fence located along the easterly right of way
line of Index Pl NE, the combination of which ranges between seven to eight feet in height
(approximately one-foot to two-foot high retaining wall with a six-foot high fence), is not
incompliance with RMC 4-4-040.C.2. Therefore, staff is not supportive of the request to retain
the existing wood fence as currently constructed, without approval of a Special Fence Permit, or
reconfiguration to meet the Code requirements.
RMC 4-4-040.C.2 states:
Fences, retaining walls or hedges shall not exceed forty two inches (42") in height in any part of
the clear vision area as defined by RMC 4-11-030, Definitions C. Fences, retaining walls, or hedges
shall not exceed forty eight inches (48") in height within any part of the front yard, secondary front,
or rear yard if the rear yard abuts a public or private street.
Fences on Retaining Walls: A fence shall not be constructed on top of a retaining wall unless the
total combined height of the retaining wall and the fence does not exceed the allowed height of a
standalone fence (48").
EXHIBIT 2
DocuSign Envelope ID: 48F8A6D9-C818-44DC-B467-839DB1376DC7
463 Index Avenue NE (C18003701)
Page 2 of 3
September 6, 2018
i. Exception – Fifty Percent (50%) Transparent Fences: Fences that provide at least fifty percent
(50%) transparency, as viewed perpendicularly to the face of the fence, may be allowed
directly on top of a retaining wall. However, chain link fencing shall not be installed. This
exception shall not be applied to front yard setbacks, or clear vision areas, as defined by RMC
4-11-030, Definitions C.
2. The existing driveway located at the corner of Index Pl NE and Index Avenue NE compromises
vehicular safety and maneuverability at the intersection and obstructs pedestrians with
disabilities from utilizing the shoulder to safely cross the roadways because of the wall within the
right of way. In addition, the driveway is not incompliance with City Code RMC 4-4-080.I.4.b
limiting the number of driveways on a single family property to no more than one driveway per
165 feet of street frontage serving any one property. Also, the driveway is not in compliance with
City Code RMC 4-4-080.I.2.b.iii requirement that the driveway be located five feet from the
property line. City staff does not support leaving the existing driveway in place as it does not
provide safe vehicular and pedestrian maneuverability and does not meet the intent of the City
Code which allows one driveway per residential lot.
DECISION: The revocable right of way permit application as requested is partially approved subject to
the conditions below.
Conditions of Approval:
1. The fence along the easterly property line adjoining Index Place NE shall either be modified
to meet the RMC 4-4-040.C.2 fifty percent (50%) transparent fence exception, or, the
applicant shall submit a request for Special Fence Permit, per RMC 4-4-040G, for
administrative review and determination by the Planning Division.
2. The existing driveway at the intersection of Index Pl NE and Index Ave NE and the portion of
the retaining wall that extends north of the existing side yard fence shall be removed and
replaced with groundcover. An over-the-counter right-of-way permit is required for the
removal of the driveway and retaining wall and can be obtained at the City of Renton Permit
Center.
3. A Certificate of Insurance is required for approval. Sufficient public liability and property
damage insurance with limits of not less than one hundred thousand dollars/three hundred
thousand dollars ($100,000.00/$300,000.00) on account of public liability and not less than
fifty thousand dollars ($50,000.00) on account of property damage must be provided. Copies
of such insurance policy or policies shall be furnished unto the City with a special endorsement
in favor of the City of Renton.
4. A Right-of-Way Use Permit fee is $10.00 payable at the time of permit issuance. A right-of-
way use permit fee (as determined by the City's Fee Schedule) will be assessed annually for
use of the right of way.
If any of the criteria noted above are not met, the Revocable Permit will not be issued. This decision to
partially grant the approval with conditions of the Revocable Right of Way Use Permit is subject to a
fifteen (15) day appeal period from the date of this letter per RMC 4-8-110. Appeals are to be filed in
DocuSign Envelope ID: 48F8A6D9-C818-44DC-B467-839DB1376DC7
463 Index Avenue NE (C18003701)
Page 3 of 3
September 6, 2018
writing, with the City Clerk and require a filing fee in the amount of $500.00, by 5:00 pm, September 20,
2018.
If you have any additional questions, please contact me at 425.430.7299 or at
bbannwarth@rentonwa.gov.
Sincerely,
Brianne Bannwarth, P.E.
Development Engineering Manager
Enclosure: Site Plan of Proposed Right of Way Encroachments
cc: Jennifer Henning, Planning Director
Holly Powers, Permit Technician
Angelea Weihs, Associate Planner
Scott Warlick, Engineering Specialist II
Rob Shuey, Code Compliance Inspector
DocuSign Envelope ID: 48F8A6D9-C818-44DC-B467-839DB1376DC7
wall and
fence within
right of way
driveway within
right of way
DocuSign Envelope ID: 48F8A6D9-C818-44DC-B467-839DB1376DC7
Aguiar Special Fence Permit Fence Elevations
Prepared By:
Puget Sound Planning
5005 200th St SW, Suite 101-B
Lynnwood, WA 98036
(425) 830-1046 March 6, 2019
Northwest and West Fence Elevation
West Fence Elevation
EXHIBIT 3DocuSign Envelope ID: 48F8A6D9-C818-44DC-B467-839DB1376DC7
5005 200th Street Southwest, Suite 101-B | Lynnwood, WA 98036 www.pugetsoundplanning.com | info@pugetsoundplanning.com | (425) 830-1046
March 12, 2019 Community & Economic Development Planning Division 1055 South Grady Way Renton, WA 98057 RE: Aguiar Special Fence Permit Justification Analysis Please accept this letter and attached documents as part of the Aguiar Special Fence Permit for the property located at 463 Index Ave NE. The purpose of this Special Fence Permit is to allow an existing fence, that has been in place for many years, to remain as is. The fence in question is located along the west property line and the northwest property line where the fence is located on top of the retaining wall. RMC 4-4-040(G) provides for an administrative review process where a property owner can request approval for a fence to exceed 48 inches within a setback along a street. To approve the permit, the city must find that the proposed fence meets the objectives found in subsection G.1. The following narrative are the objectives listed and how the existing fence meets those objectives. Evaluation Criteria [RMC 4-4-040(G)(2)(a-d)]
a. The proposed fence improves the privacy and security of the adjoining yard space; RESPONSE: This property is unique in that it is a 5-sided lot where 3 of the 5 property lines abut a public road. The property owners have a history of break ins and a considerable amount of pedestrian traffic even with the existing fence already exceeding the city’s established height limits; privacy and security are a major concern. The property owners also have small children that play in the backyard as well. The proposed fence is located along two property lines that abut index Pl NE which provides both privacy and somewhat minimal security. Requiring the property owners to reduce the height of the fence would increase the chance of additional break ins AND create safety concerns for both the children playing and visibility of pedestrians walking along the back yard.
b. The proposed fence does not detract from the quality of the residential environment by being out of scale or creating vast blank walls along public roadways; RESPONSE: To compare and describe the quality of the residential environment it is appropriate to compare the existing fence subject to this permit, the fence directly adjacent to the east because it also is a rear yard fence and other fences in the neighborhood visible from the street. The fences can be put into three categories: cyclone fences (chain-link), picket fences, and wood fences that obscure vision. The fence subject to this permit is of higher quality and design. The material is itself is newer and in better condition. The design adds quality to the residential environment. The existing fence is designed with horizontal pickets rather than the vertical pickets seen throughout the neighborhood. The lighter color wood adds visual character by allowing the knots of the wood to create visual attraction rather than a darker color wood or painted fence. The vertical posts break up the horizontal design eliminating the “vast blank wall”.
c. The proposed fence compliments the environment it serves in an aesthetically pleasing manner; and RESPONSE: As noted in the response above. This property and the property directly to the southeast front on Index Ave NE and back up to Index Pl NE and it is appropriate to compare the two fences of these two lots because no other lots in the immediate area that have rear lots so visible to the public roadway. The existing fence is of higher quality than the fence immediately to the east and a more attractive horizontal design. The
EXHIBIT 4
DocuSign Envelope ID: 48F8A6D9-C818-44DC-B467-839DB1376DC7
5005 200th Street Southwest, Suite 101-B | Lynnwood, WA 98036 www.pugetsoundplanning.com | info@pugetsoundplanning.com | (425) 830-1046
horizontal picket and post design eliminate the typical backer rails that are seen on vertical pickets. Also, the horizontal pickets tie in with the horizontal masonry design of the retaining wall. A majority of the fences in the neighborhood, seen from the public street are either picket fences or cyclone fences that provide neither security nor privacy for the property owners.
d. The proposed fence does not present a hazard to vehicular or pedestrian traffic. RESPONSE: The existing fence is located along the southeast and east edges of the Index Pl NE right of way. The edge of pavement of the travel lane is between 8 and 15 feet away from the fence. Pedestrian safe travel is provided by the gravel shoulder provided between the end of pavement and the fence line. Vehicle movement is provided by the paved portion of Index Pl NE. Index Pl terminates for north bound traffic at Index Abe NE at an unsigned T-intersection. The intersection is visible to northbound traffic approximately 140 feet from the intersection, which is sufficient for 20 mph design standards for existing stopping site distance (WSDOT Design Manual). Index Pl NE is not posted for speed limits, but assuming a residential street of 25 MPH, the stopping speed at this location can be assumed to ne 20 MPH or less. The existing fence doesn’t present a hazard. Acceptable Measures to Meet Criteria [RMC 4-4-040(G)(3)(a-i)] In addition to meeting the evaluation criteria as detailed above, the existing fence utilizes the following measures identified as acceptable to the city to meet that criteria:
• Quality fence Material
• Similar Material as other fences in the surrounding area – wood material
• Ornamental Materials and construction Treatment – light color wood with horizontal picket design
• Orientation of the finished face of the fence toward the street – no visible backer rails, finished face is oriented toward public view. Clear Vision Area [RMC 4-4-040(G)(4)] No portion of the fence is within the clear vision area at the intersection of Index Pl NE and Index Ave NE. The fence also does not obstruct stopping distance on Index Pl NE as described previously in this narrative. If you have any questions regarding the contents of this letter or if you require additional information, please feel free to contact Lee A. Michaelis, AICP at (425) 830-1046 or lee.michaelis@pugetsoundplanning.com. Sincerely, Puget Sound Planning Lee A. Michaelis, AICP
DocuSign Envelope ID: 48F8A6D9-C818-44DC-B467-839DB1376DC7
Aguiar Special Fence Permit Neighborhood Detail Map
Legend
Subject Property
Neighborhood Parcels
Source:
Aerial Photo - ERSI
Parcel Boundaries - King County
1 Inch = 100 Feet Printed at 8.5" X 11"
Ê Map Prepared By:
Puget Sound Planning
5005 200th St SW, Suite 101-B
Lynnwood, WA 98036
(425) 830-1046
EXHIBIT 5DocuSign Envelope ID: 48F8A6D9-C818-44DC-B467-839DB1376DC7