HomeMy WebLinkAboutD_Admin_Report_Thai New Retaining Wall_Mod_And_ExhibitsDEPARTMENT OF COMMUNITY
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D_Admin_Report_Thai New Retaining Wall_Mod
A. ADMINISTRATIVE MODIFICATION REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: October 4, 2019
Project File Number: PR19-000412
Project Name: Thai New Retaining Wall
Land Use File Number: LUA19-000209, MOD
Project Manager: Angelea Weihs, Associate Planner
Owner: Thai Chi Thanh and Joyce Lisa, 1516 Lincoln Ave NE, Renton, WA 98056
Applicant/Contact: Christian Boad, Uyeta Landscape and Maintenance, 19605 106th Ave SE, Renton,
WA 98055
Project Location: 1516 Lincoln Ave NE
Project Summary: The applicant has requested approval of a retaining wall modification for the
installation of a maximum 4-foot tall cast-in-place (CIP) retaining wall located on the
front (west) property line of 1516 Lincoln Ave NE (parcel number 1839500115). The
property is currently developed with an existing single-family home and is located
within the Residential-8 (R-8) Zone. The applicant is proposing the new retaining
wall in order to replace an existing rockery retaining wall, which is currently located
within the public right-of-way.
Per RMC 4-4-040C.2.d, a minimum 3-foot landscaped setback is required between
the base of the retaining wall and the property line abutting the public right-of-way.
The applicant is requesting a modification is order to eliminate the requirement for
the 3-foot landscaped setback between the property line and retaining wall. No
landscaping is proposed as part of the project.
Site Area: 6,811 square feet (0.16 acre parcel)
N 30th St Park Ave N DocuSign Envelope ID: 2416247C-7248-46D6-BCDC-7BEA6EF02BB9
City of Renton Department of Community & Economic Development Thai New Retaining Wall Administrative Modification Report & Decision LUA19-000209, MOD
Report of October 4, 2019 Page 2 of 5
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B. EXHIBITS:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Modification Request Project General Narrative and Justification
Exhibit 3: Site Plan
Exhibit 4: Retaining Wall Examples
C. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above application for review on September 10,
2019, and determined the application complete on September 10, 2019. The project complies with the
120-day review period.
2. The project site is located at 1516 Lincoln Ave NE (parcel number 1839500115).
3. The project site is currently developed with a single-family residence, which is proposed to be retained.
4. Access to the site is currently provided via a residential driveway off of Lincoln Ave NE.
5. The property is located within the Residential-8 (R-8) Zone and Residential Medium Density (MD)
Comprehensive Plan land use designation.
6. The applicant is proposing to install a maximum 4-foot tall cast-in-place (CIP) retaining wall located on the
front (west) property line.
7. The site is mapped with Wellhead Protection Area Zone 2.
8. Modification Analysis: The applicant is requesting a modification from RMC 4-4-040.C.2, Retaining Wall
Standards, in order to install a maximum 4-foot tall cast-in-place (CIP) retaining wall located on the front
(west) property line without providing the required 3-foot landscaped setback between the property line
and retaining wall. The proposal is compliant with the following modification criteria, pursuant to RMC 4-
9-250. Therefore, staff is recommending approval of the requested modification, subject to conditions as
noted below:
Compliance Modification Criteria and Analysis
a. Substantially implements the policy direction of the policies and objectives of the
Comprehensive Plan Land Use Element and the Community Design Element and
the proposed modification is the minimum adjustment necessary to implement
these policies and objectives.
Staff Comment: The applicant contends that the proposal 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 these policies and objectives.
Staff concurs that the proposed 4-foot retaining wall would be an improvement from
the existing encroaching rockery that is located within the public right-of-way (ROW).
However, the purpose of the required 3-foot landscaped setback is to provide additional
space between the public ROW and the retaining wall, and to provide a visual buffer
between the retaining wall and public ROW. Therefore, in order to better implement
the policies and objectives of the Comprehensive Plan and City code, staff recommends
as a condition of approval that the applicant install a minimum 3-foot landscape strip
within the public right-of-way, abutting the new retaining wall, as well as a minimum
DocuSign Envelope ID: 2416247C-7248-46D6-BCDC-7BEA6EF02BB9
City of Renton Department of Community & Economic Development Thai New Retaining Wall Administrative Modification Report & Decision LUA19-000209, MOD
Report of October 4, 2019 Page 3 of 5
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4-foot landscape strip on top of the retaining wall. The landscape strips shall include a
mixture of trees, shrubs, and groundcover plants. The landscape strips shall be planted
with 22 ground cover plants (minimum 4 inch pots) per 5 linear feet and 10 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.
In addition, the applicant shall submit a landscape plan for review and approval prior
to landscaping installation. The applicant shall contact the current planning project
manager following installation of the landscaping for an inspection.
b. Will meet the objectives and safety, function, appearance, environmental
protection and maintainability intended by the Code requirements, based upon
sound engineering judgment.
Staff Comment: The applicant contends that the proposed retaining wall would meet
the objectives and safety, function, appearance, environmental protection and
maintainability intended by the Code requirements, based upon sound engineering
judgment. The applicants states that the proposed retaining wall will be an aesthetic
improvement from the existing, failing rockery that currently encroaches into the public
right-of-way.
Staff concurs the proposed modification would meet the objectives of function and
maintainability intended by the code requirements. Provided conditions of approval are
met regarding landscaping (See comments under criterion ‘a’), the design would allow
the applicant to replace the existing, failing rockery, with an improved retaining wall,
which would be adequately screened from the surrounding neighborhood.
c. Will not be injurious to other property(ies) in the vicinity.
Staff Comment: The applicant contends that the installation of the modified fencing
material and modified location of the fence above the retaining walls would not be
injurious to other properties in the vicinity.
Staff concurs that the proposed retaining wall would not be injurious to other properties
in the vicinity, provided conditions of approval are met (See comments under criterion
‘a’ and ‘b’). Provided conditions of approval regarding landscaping are met, the
retaining wall would be adequately screened and would have limited visibility from the
public right-of-way or adjacent properties. It is not anticipated that the proposed height
of the retaining wall (maximum 4 feet) would create blank walls along the public right-
of-way.
d. Conforms to the intent and purpose of the Code.
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: See comments under criterion ‘b’.
f. Will not create adverse impacts to other property(ies) in the vicinity.
Staff Comment: See comments under criterion ‘c’.
DocuSign Envelope ID: 2416247C-7248-46D6-BCDC-7BEA6EF02BB9
City of Renton Department of Community & Economic Development Thai New Retaining Wall Administrative Modification Report & Decision LUA19-000209, MOD
Report of October 4, 2019 Page 4 of 5
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D. DECISION:
The proposal satisfies 6 of the 6 criteria listed in RMC 4-9-250 for approval of modifications. Therefore, the Thai
New Retaining Wall, File No. LUA19-000209, MOD, is approved, with conditions:
1. The applicant shall install a minimum 3-foot landscape strip within the public right-of-way, abutting the
new retaining wall, as well as a minimum 4-foot landscape strip on top of the retaining wall. The landscape
strips shall include a mixture of trees, shrubs, and groundcover plants. The landscape strips shall be
planted with 22 ground cover plants (minimum 4 inch pots) per 5 linear feet and 10 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.
2. The applicant shall submit a landscape plan for review and approval prior to landscaping installation. The
applicant shall contact the current planning project manager following installation of the landscaping for
an inspection.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Jennifer Henning, Planning Director Date
TRANSMITTED on October 4, 2019 to the Owner/Applicant/Contact:
Applicant/Contact: Owner:
Christian Boad,
Uyeta Landscape and Maintenance,
19605 106th Ave SE,
Renton, WA 98055
Thai Chi Thanh and Joyce Lisa,
1516 Lincoln Ave NE,
Renton, WA 98056
TRANSMITTED on October 4, 2019 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Manager
Amanda Askren, Property & 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 October 18, 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.
DocuSign Envelope ID: 2416247C-7248-46D6-BCDC-7BEA6EF02BB9
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City of Renton Department of Community & Economic Development Thai New Retaining Wall Administrative Modification Report & Decision LUA19-000209, MOD
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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.
DocuSign Envelope ID: 2416247C-7248-46D6-BCDC-7BEA6EF02BB9
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE MODIFICATION REPORT & DECISION
EXHIBITS
Project Name:
Thai New Retaining Wall
Land Use File Number:
LUA19-000209, MOD
Date of Report
October 4, 2019
Staff Contact
Angelea Weihs
Associate Planner
Project Contact/Applicant
Christian Boad,
Uyeta Landscape and Maintenance,
19605 106th Ave SE,
Renton, WA 98055
Project Location
1516 Lincoln Ave NE
The following exhibits are included with the Administrative Modification Report:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Modification Request Project General Narrative and Justification
Exhibit 3: Site Plan
Exhibit 4: Retaining Wall Examples
DocuSign Envelope ID: 2416247C-7248-46D6-BCDC-7BEA6EF02BB9
EXHIBIT 2
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EXHIBIT 3
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EXHIBIT 4
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