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HomeMy WebLinkAboutJ_Setback_Variance_and_Code_Compliance_Analysis_v1.pdf Canyon Terrace Lot 34 Setback Variance Narrative & Variance Request Justification Our Job No. 17601 City of Renton Prepared for: Summit Homes Prepared by: H. George Newman, AICP Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South Kent, WA 98032 December 3, 2019 Page 2 BCE 17601 Project Narrative Proposed Land Use Action: Administrative building setback variance for residential building permit on Lot 34, Canyon Terrace. Pre-submittal Actions: Prior to this submittal for a variance, there was a pre-application meeting with City staff and Summit Homes on September 9, 2019. Site Description: The proposed action is located at 12302 S.E. 191st Street, Renton. The lot area is 4,174 SF. There are no critical areas on or near this platted lot. Project Description: The proposed improvement includes a 2-story single family residence. Building elevations are included with the submittal. Figure 1. Recorded final plat of Canyon Terrace with Lot 34 highlighted Page 3 BCE 17601 Figure 2. Lot 34 Building Area Exhibit Showing Building Setback Dimensions from Right-of-Way and Property Lines Variance Request & Justification Code Citations from Renton Municipal Code below will be in italics while the justification responses will be in normal text. 4-9-250 VARIANCES, WAIVERS, MODIFICATIONS, AND ALTERNATES: A. PURPOSES: 1. Variances: A grant of relief from the requirements of this Title which permits construction in a manner that otherwise is prohibited by this Title. B. VARIANCE PROCEDURES: Page 4 BCE 17601 1. Authority and Applicability for Administrative Variances: The Community and Economic Development Administrator shall have the authority to grant variances from the following development standards when no other permit or approval requires Hearing Examiner review: (Ord. 5676, 12-3-2012) a. Residential Land Uses: Lot width, lot depth, setbacks, allowed projections into setbacks, building height, and lot coverage. Lot width, lot depth, and setback variations do not require a variance if the request is part of a stream daylighting proposal. 5. Decision Criteria: Except for variances from critical areas regulations, a determination shall be made in writing that the conditions specified below have been found to exist: (Amd. Ord. 4835, 3-27-2000) 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. Response: The size and shape of Lot 34 is very narrow in width ranging from 34 to 44 feet wide, and is a corner lot fronting on both S.E. 191st Street and 123rd Avenue S.E. This lot was approved through the preliminary plat and final plat approval process. The intersection of these two streets is somewhat angular which makes intersection site distance an important safety factor. Therefore, there is no front yard reduction or variance proposed. Per the house floorplan included with this variance application submittal, the garage has an exterior dimension of 20.5 feet creating an interior minimum depth of 19.5 needed for off-street parking. To avoid requesting a front yard setback variance from 20 to 19 feet, a side yard setback variance from 5 to 4 feet is being requested. The side yard setback variance of 1 foot, from 5 feet to 4 feet is shown on the Lot 34 Building Area Exhibit. This is a relatively minor reduction. Historically, such reductions have been considered minor under the di minimis doctrine. This doctrine holds that insignificant and trivial discrepancies are ignored by the law. 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: By maintaining the front setback of 20 feet, the intersection site distance is maintained. Had a front setback variance been requested versus the side yard setback variance, there is a possibility that the intersection site distance would be slightly reduced, potentially leading to a slight reduction in public safety for vehicles turning at the intersection and pedestrians using the crosswalk in front of Lot 34. The 1-foot side yard variance should not adversely affect adjacent Lot 33. No significant material detriment to the residential enjoyment of adjacent and nearby properties will be caused by the requested setback reduction. 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. Page 5 BCE 17601 Response: There is sufficient demonstration in the record that a suitable and reasonably sized residence with garage cannot be developed on the lot without the requested variance. A reasonably sized residence with garage is a property right commonly enjoyed by other lot owners in the area. An infringement of that right would be caused by denial of the requested variance. And the variance has been sufficiently demonstrated to be the minimum reasonably necessary to respect the property right and alleviate the hardship presented by the property's special circumstances. The application conforms to this criterion. d. That the approval is a minimum variance that will accomplish the desired purpose. (Amd. Ord. 4835, 3-27-2000; Ord. 5675, 12-3-2012) Response: The 1-foot variance will accomplish the purpose of a minimal garage depth at 20 feet per the Main Floor Plan included with this submittal. The proposed building envelope on the lot will meet all other zoning dimensional requirements. General Conclusions: As noted, the single-family residence conforms to the de minimis test and the variance is necessary to allow the applicant to build a residence on the lot with the very minor discrepancy from the setback requirement. As the single family residence qualifies under the de minimis doctrine and in so doing also conforms to the applicable four variance criteria, the setback variance shall be granted for the single family residence.