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HomeMy WebLinkAboutAdministrative Reconsideration - Gill CITY OF RENTON JUL 2 6 2019 City of Renton RECEIVED IC t Development Department CITY CLERK'S OFFICE 1055 S. Grady Way Renton, WA 98057 7/25/19 To City of Renton Development Department, This letter is regarding the reconsideration of project number PR19-000001 and land use file number LUA19-000140, MOD. The reconsideration is regarding the request modification to allow two homes 1001 N 33rd P1 (APN 3342102040)to use N 33rd P1 for vehicular access. This request would disregard the alley ROW located at the back of the property. The property itself was purchased in March 2019 and prior to the purchase of the property a feasibility study was conducted with the City of Renton. This study was done on March 7th, 2019 by Brianne Bannwarth, PE (Development Engineering Manager). She had told us that having the garages facing the N 33'P1 would not have been an issue. Through King Country records it was shown that there was an undeveloped alley behind the property and after double checking with Brianne the next day she had said not to worry about the alley due to it being undeveloped. Next, our architect acquired the requirements from the City of Renton in order to start making house plans and the City of Renton contradicted Brianne's statement and required the garages to be made facing the back of the property. A modification request application was filled out on May 21st, 2019 and as of July 12th, 2019 the modification request was denied. With this being said, I would like to provide statements on why the modification request should be further reconsidered. First, the site is mapped with sensitive slopes and the alley way would need to be supported by a retaining wall. This would make the alley ROW narrow. In regard to the modification criteria and analysis to provide alternatives for vehicle access: a. The removal of brush and trees would allow for better visual for the driver's safety. To promote"the amount of green and pervious surfaces" alternating trees would be planted. Along with the planting of the trees, an alternative side walk/curb in front of my properties would further promote the safety of pedestrian traffic. b. With the staff's statement regarding vehicular/pedestrian conflict would be addressed as stated above. The use of a sidewalk/curve would promote the safety of pedestrian traffic. The pedestrian traffic on N 33rd P1 is observed to be little to none, further having vehicular/pedestrian incidents to be a low percentage. With the addition of the garage facing N 33rd P1 this would promote the use of a driveway and further decreases the use of street parking in front of my properties as the driveway and garages would be fully utilized. This would promote better road access for Renton fire Authority and other response vehicles as the street parking would be decreased. If the garage were to be behind the house and facing the alley ROW this would push the house forward towards N 33rd P1 and further promote street parking that could be entirely avoided. In regard to the blank facade created by the garage, the use of new laminate glass styled garages would promote the use of"meaningful glazing" and break the monotony by using a different material. Further, other materials such as stones can be used to break up the blank facade. c. The staff concurs with our contention that utilizing N 33rd PI for vehicular access by orienting the garage towards the street would not be injurious to nearby properties. d. As listed in the Modification Criteria and Analysis, look at section"b." of the list for reasoning. e. The staff stated, "three existing homes already utilize the alley for access". This statement regards the three homes that are on the far most east part of N 33rd P1 as they are exposed to Park Ave as well. The use of an alley ROW is appropriate as they encounter more vehicular and pedestrian traffic. The staff also stated, "building permits for two other homes that will utilize alley access were recently approved on the same block as the subject site". These homes are located on the far most west side of N 33rd PI and are exposed to Burnett Ave and use of the alley ROW is appropriate as they also encounter more vehicular and pedestrian traffic. The location of the project site(1001 N 33rd Pl)is located near the middle of the neighborhood and experiences a significantly less amount of traffic than the five other homes that were stated by the staff. Overall, the use of the alley ROW is not needed for the project site as the site experiences less traffic. f. The staff concurs with our contention that utilizing N 33rd P1 for vehicular access by orienting the garage towards the street would not be injurious to nearby properties. In conclusion, we are asking for further reconsideration of the modification request as many comments left by the staff have been further answered. Sincerely, H • 'der gi (206) 979- 20 N33RDfi L 21.1' 16,0' 63' 63' 16.0' 211' N 89'02'30'E 50.00' N 88'02'30°E 50.00' — — ter... — _________r LOT I (?ROf? pj * AREADJOD LOT AREA 8,10 7r. i I .:.watic. I IQ ■ ^ i I EM M. I minty 1 I I I z Y T PI Z I Iz I TT eElow 1BeLc* \\*.rex I I i ti xi I I I a 5.0' 400' 50' 5.0' 40.0' 5.0' IA ►.W PARCEL,NUMBER 334210-2040 I LEA&DESCRIPTION: q PU l 5171= PI 1J N ANSBlo L,AWN GARDEN OF EDEN•I 1- .. ~ I •. i• Plat Lot: 1-8 APB)P: I's20'-0' OWNER INFO: SITE ADDRESS: DRAWN aY: PM DATE 16E EDs 51TE PLAN MAJESTIC HOMES LLC 1001 N 33RD PL 0�-za-re RLatTON,WA PAGE: 1 OP 1 DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 3 IN A.ADMINISTRATIVE MODIFICATION REPORT&DECISION Decision: ❑APPROVED ❑APPROVED SUBJECT TO CONDITIONS ® DENIED Report Date: July 12, 2019 Project File Number: PR19-000001 Project Name: Gill Modification Land Use File Number: LUA19-000140, MOD Project Manager: Alex Morganroth, Associate Planner Owner/Applicant/Contact: Harjinder Gill, Majestic Homes LLC, 11827 SE 227 PI, Kent, WA 98031 Project Location: 1001 N 33rd PI Project Summary: The applicant is requesting a modification from RMC 4-4-080 Parking, Loading and Driveway regulations in order to allow for two proposed homes at 1001 N 33rd PI (APN 3342102040)to utilize N 33rd PI for vehicular access instead of the alley ROW at the rear of the property.The site is located in the Residential-8 du/ac(R-8) zone and has a Comprehensive Plan Land Use Designation of Residential Medium Density (MD). Per RMC 4-4-080.F.7,for lots in the R-6 and R-8 zone abutting an alley, all parking areas shall be located at the rear side of the building and vehicular access shall be taken from the alley. The applicant intends to divide the property into two separate lots and construct one new single-family home on each lot.The applicant contends that they should not be required to utilize the alley for access since most other homes on the block already utilize N 33rd PI for vehicular access. In addition,the applicant is wary of disrupting fences and landscaping that adjacent property owners have planted in the alley ROW. A sensitive slope is located near the SE corner of the property. Site Area: 0.023 acres J 3 rd fJ N 33rd -.;., i .:' : SITE i r1Z r��U3G,xt r YAM UCaJ '+1 i r r 3342102040 331?t()7(t4S `3342102050 OM it? 4 i * laPi-Vj 334210 . 3142102230 > 4 < 334210221 3342102220 `; x��� r (: , ,y t�JU ; � � 1 tNTd r Project Location Map D Modification Decision_190705 v3_FINAL DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9 City of Renton Department of Community&Economic Development Administrative Modification Report&Decision Gill Modification LUA19-000140,MOD Report of July 12,2019 Page 2 of 5 B. EXHIBITS: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Justification Exhibit 3: Site Plan C. PROJECT DESCRIPTION/BACKGROUND The applicant intends to divide the existing lot into two new lots and construct one new single-family home on each lot. The lots is adjacent to an existing unimproved alley ROW. Five other lots on the block already utilize an improved portion of the alley to the east of the project site. In addition,two new homes to be located on parcel numbers 3342102005 and 3342102010 to the east of the project site are required to utilize the alley for access as a condition of a lot dimension variance approved in conjunction with a legal lot segregation (LUA17-000357). D. FINDINGS OF FACT(FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on June 21, 2019 and determined the application complete on the same day.The project complies with the 120-day review period. 2. The applicant's submittal materials comply with the requirements necessary to process the modification request (Exbibits 1 and 2) 3. The project site is located at 1001 N 33rd PI. 4. The project site is currently vacant. 5. Access to the site would be provided via N 33rd PI and the alley at the rear of the site. 6. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use designation. 7. The site is located within the Residential-8 du/ac(R-8)zoning classification. 8. There are approximately nine (9)trees located on-site.The applicant did not propose the removal of any trees as part of the modification applicatoin. 9. The site is mapped with sensitive slopes. 10. The applicant is proposing to begin construction in mid-2020 and end in early 2021. 11. Modification Analysis:The applicant is requesting a modification from RMC 4-4-080 in order to allow two proposed single-family homes with alley ROW access to orient the garages towards N 33"d PI and to allow vehicular access from N 33rd PI for both lots.The proposal is not compliant with the following modification criteria,pursuant to RMC4-9-250.Therefore,staff is recommending denial of the requested modification. a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement Not compliant these policies and objectives. Staff Comment: The purpose of requiring alley-oriented garages and vehicular alley access in the R-6 and R-8 zones is to improve pedestrian safety,reduce the visual impact D Modification Decision 190705 v3 FINAL DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9 City of Renton Department of Community&Economic Development Administrative Modification Report&Decision Gill Modification LUA19-000140,MOD Report of July 12,2019 Page 3 of 5 of garages on the street-scope, and increase the amount of green and pervious surfaces in the front yard setback area. in the submitted justification, the applicant did not provide any alternatives for vehicle access that would achieve similar objectives to those of utilizing an alley. In addition, the Comprehensive Plan Land Use Element includes a policy(L-50)intended to promote a safe,healthy,and attractive community.Specifically, the policy states that building and site design should"respond to specific site conditions such as topography, natural features, and solar access to encourage energy savings and recognize the unique features of the site through the design of subdivisions and new buildings". The Kennydale neighborhood is uniquely positioned to take advantage of the existing alley ROWs that have not been vacated and provide enough width for vehicles to travel within.Accessing the two new homes from the street would be a missed opportunity to utilize the adjacent alley ROW, a unique site feature, and would not support implementation of policy L-50 as it relates to taking advantage of specific site conditions or characteristics. Therefore the applicant's proposal for utilizing the street for access is not consistent the policy direction in the Comprehensive Plan. 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 inclement weather or an emergency occurring within the alley would create the potential for safety hazards and therefore alley access is not appropriate for the subject site. Staff does not concur with the applicant's assessment. Conversely, staff believes that improving the alley would actually promote safety and function by reducing the possibility of a vehicular/pedestrian conflict on N 33'd PI, providing an additional access point for the Renton Fire Authority or other response vehicles such as police vehicles, to utilize during emergencies, and freeing up additional space on the road for street parking. Based on the improved access to the subject lots created by the new paved alley, a modification to waive this requirement would not meet the objectives of safety Not compliant and function as intended by the code. Although not specifically addressed by the applicant, the appearance of the two proposed houses would be substantially improved by locating the garages at the rear of the homes. Garages located in the front of homes built to R-8 standards can result in the creation of a blank façade due to the width needed for a double-bay garage combined with the small lot width (50 feet). Garage doors generally create a "blank wall" look that severely limits opportunities for modulation, material changes, or meaningful glazing. By locating the garage at the rear of the structure, the front facade of the homes would more easily meet the Residential Design Standards of RMC 4-2-115 by providing additional space for glazing, doors, and porches, as intended by the code. Furthermore, RMC 4-2-115E.1. Garages states "The minimization of the visual impact of garages contributes to creating communities that are oriented to people and pedestrians, as opposed to automobiles". Therefore the proposed modification would not meet the objectives of safety, appearance, and function intended by the code requirements. c. Will not be injurious to other property(ies) in the vicinity. Staff Comment:The applicant contends that utilizing N 33'd Pi for vehicular access and orienting the garage towards the street would not be injurious to the neighboring properties, as the majority of nearby homes currently utilize the street for access. D Modification Decision 190705 v3 FINAL DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9 City of Renton Department of Community&Economic Development Administrative Modification Report&Decision Gill Modification LUA19-000140,MOD • Report of July 12,2019 Page 4 of 5 Staff concurs with the applicant that requested modification would not be injurious to other properties in the vicinity. d. Conforms to the intent and purpose of the Code. Not compliant Staff Comment:See comments under criterion 'b'. e. Can be shown to be justified and required for the use and situation intended; and Staff Comment:The applicant did not address how accessing the two new homes from the street instead of the alley is required for the proposed use and situation. Based on Not compliant the fact that the alley ROW is existing and does not require dedication, and that three existing homes already utilize the alley for access, staff can find no evidence that approval of the modification is required in order to complete the project. In addition, building permits for two other homes that will utilize alley access were recently approved on the same block as the subject site. f. Will not create adverse impacts to other property(ies) in the vicinity. Staff Comment:See comments under criterion 'c'. E. DECISION: The proposal does not satisfy four of the six criteria listed in RMC 4-9-250 for approval of modifications. Therefore,the Gill Modification(MOD), File No. LUA19-000140, MOD, is denied. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: , — DocuSignedby: Jennifer T. Henning 7/12/2019 I 4:28 PM PDT ".-1622F81979C9192... Jennifer Henning, Planning Director Date TRANSMITTED on July 12, 2019 to the Owner/Applicant/Contact: Owner/Applicant/Contact: Harjinder Gill, Majestic Homes LLC 11827 SE 227 PI, Kent,WA 98031 TRANSMITTED on July 12,2019 to the Parties of Record: None TRANSMITTED on July 12, 2019 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Amanda Askren, Property Services Vanessa Dolbee, Current Planning Manager Rick Marshall, Fire Marshal D Modification Decision 190705 v3 FINAL DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9 City of Renton Department of Community&Economic Development Administrative Modification Report&Decision Gill Modification LUA19-000140,MOD Report of July 12,2019 Page 5 of 5 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 July 26, 2019. 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 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. 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. D Modification Decision 190705 v3 FINAL DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9 • CITY OF RENTON O ca, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION REPORT& DECISION EXHIBITS Project Name: Land Use File Number: Gill Modification LUA19-000140, MOD Date of Report Staff Contact Project Contact/Applicant Project Location July 12, 2019 Alex Morganroth Harjinder Gill, Majestic Homes LLC 1001 N 33rd PI Associate Planner 11827 SE 227 PI Kent, WA 98031 The following exhibits are included with the Administrative Modification Report: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Justification Exhibit 3: Site Plan DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9 City of Renton Development Department 1055 S. Grady Way Renton, WA 98057 5/21/19 To City of Renton Development Department, My Name is Harjinder Gill. The address of the property that I own under my company name (Majestic Homes LLC) is 1001 N 33rd Place Renton, Washington. It is a 10,200 square foot property with an older home on it. With this property I would like to develop it into two short plats. This property was purchased in March 2019 and a feasibility study was done that did not show any issues for facing Garage on 33rd place. When I started developing this property I found that I have to develop an alley to Burnet AVE on back of my property. At this point all of the garages within homes are facing 33rd PL except two houses on corner of park avenue and 33rd place. The first house address is 1121 33rd PL and second house is 1117 that are located on the corner of park avenue and 33rd place. On east side of my property three houses, addressed as 1005, 1007, and 1009 are brand new houses and their garages are facing 33rd place. On west side of my property three houses (address numbers 909, 915, and 921) are in good condition and have no plans to demolish in near future and build their garages facing an alley. As stated above, all of the houses listed have their garages facing 33rd place and not an alley way. The last house had an application to City of Renton for development but again it's a corner lot and they can get benefit from alley to prevent any traffic/ accidents. With that being said, I will be the only one using that alley except the two last houses that ones are on 33rd place and Burnet AVE. In the cases of snow, bad weather, fire, and any permitted case of emergency that disrupts transportation this alley way can be seen as a safety hazard. The house on back side of my property is at least 6 feet elevation to property and have a retaining wall that issues a large slope. With these conditions the alley way would have to be at a slope which further safety issues regarding transportation and flooding. Each house on either side of my property have fully fenced yards with complete landscaping down. With the development of an alley way, the neighbor's landscape and fencing will be disrupted and further be a burden upon these people. With the requirement of the alley way development, there seems to be more disturbances and safety issues versus actual benefit of having an alley way. I will attach videos of the houses on that road showing house conditions and orientation of the garage to further justify why I ask to face my garage on 33rd place. With this being said, I would like to permission to waive the requirement of having an alley and allowing the orientation of the garage to be facing 33rd place directly. Sincerely, Harjinder Gill (206) 979-0920 Exhibit 2 DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-SA68-CC63C56484C9 • 1 tjs y4� Ci g� i q a � 0 3 1, } i 9 i pp i I i l i eGx 1 1„ri1tl y 1 1 1 ii r ; f ., I . --- — .SL i , SC i .(. ._ _ ----1) - - -1) i 0 c , <.. P co p y cxcid v, I o 01 N 3 3el P) (Zeyktar vJ A claps-6 , --- - e X•, s 4-1 .flame 11 01 a 0101 i-i cm P10 pe L t 1 k'�op0$�d swbcksrelot -i640 (1) o elfoloSed di-r.,v12.LAo • Exhibit 3