HomeMy WebLinkAboutD_Admin_Report_Exhibits_CanyonTerrace_Lot34_Variance_200219DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
D_Admin_Report_CanyonTerrace_Lot34_Variance
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: February 19, 2020
Project File Number: PR15-000017
Project Name: Canyon Terrace Lot 34 Setback Variance
Land Use File Number: LUA20-000003,V-A
Project Manager: Matt Herrera, Senior Planner
Owner/Applicant: Bryan White, Summit Frenchies LLC, 16000 Christensen Rd, #303, Tukwila, WA
98188
Contact: George Newman , Barghausen Consulting Engineers, Inc, 18215 72nd Ave S, Kent
WA 98032
Project Location: 12302 SE 191st St., Renton WA 98058
Project Summary: The applicant is requesting an administrative variance to construct a portion of the
proposed single-family residence into the rear yard setback area. The subject
property is located at 12302 SE 191st St and is Lot 34 of the Canyon Terrace Plat. The
applicant has requested an approximate one (1) foot encroachment into the
minimum five (5) foot rear yard setback standard that is vested to the Canyon Terrace
Plat. The subject property is currently vacant and contains street frontage on both SE
191st St and 123rd Ave SE. The subject property has been graded and prepared for
single-family construction as part of the plat infrastructure improvements. The
Canyon Terrace Plat was recorded June 27, 2017.
Site Area: 0.10 acres
DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A
City of Renton Department of Community & Economic Development
Canyon Terrace Lot 34 Setback Variance
Administrative Report & Decision
LUA20-000003,V-A
Report of February 19, 2020 Page 2 of 7
D_Admin_Report_CanyonTerrace_Lot34_Variance
B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: Floor Plan
Exhibit 4: Elevations
Exhibit 5: Variance Request Justification
Exhibit 6: Canyon Terrace Plat
C. GENERAL INFORMATION:
1. Owner(s) of Record: Bryan White, Summit Frenchies LLC, 16000 Christensen
Rd, #303, Tukwila, WA 98188
2. Zoning Classification: Residential-4 (R-4)
3. Comprehensive Plan Land Use Designation: Residential Low Density (LD)
4. Existing Site Use: Vacant
5. Critical Areas: None
6. Neighborhood Characteristics:
a. North: Single-Family Residential and R-4 zone
b. East: Single-Family Residential and R-4 zone
c. South: Single-Family Residential and R-4 zone
d. West: Single-Family Residential and R-4 zone
7. Site Area: 0.10 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
Benson Hill Annexation A-06-002 5327 03/01/2008
Canyon Terrace Final Plat LUA16-000758 06/27/2017
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 4-2-060: Zoning Use Table – Uses Allowed in Zoning Designations
2. Chapter 4 City-Wide Property Development Standards
DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A
City of Renton Department of Community & Economic Development
Canyon Terrace Lot 34 Setback Variance
Administrative Report & Decision
LUA20-000003,V-A
Report of February 19, 2020 Page 3 of 7
D_Admin_Report_CanyonTerrace_Lot34_Variance
3. Chapter 9 Permits – Specific
a. Section 4-9-250: Variances, Waivers, Modifications, and Alternates
4. Chapter 11 Definitions
F. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on January
9, 2020 and determined the application complete on January 17, 2020. The project complies with the 120-
day review period.
2. The applicant’s submittal materials comply with the requirements necessary to process the administrative
variance request (Exhibits 2-6).
3. The project site is located 12302 SE 191st St., Renton WA 98058.
4. The project site is currently vacant however the lot has been graded and prepared for a single-family
dwelling.
5. Access to the site would be provided via the existing driveway located on SE 191st St.
6. The property is located within the Residential Low Density (LD) Comprehensive Plan land use designation.
The project complies with the goals and policies of this Comprehensive Plan land use designation.
Compliance Comprehensive Plan Analysis
Policy L-3: Encourage infill development of single-family units as a means to meet
growth targets and provide new housing.
Goal L-H: Plan for high-quality residential growth that supports transit by providing
urban densities, promotes efficient land utilization, promotes good health and physical
activity, builds social connections, and creates stable neighborhoods by incorporating
both built amenities and natural features.
Goal L-I: Utilize multiple strategies to accommodate residential growth, including:
Development of new single-family neighborhoods on large tracts of land outside
the City Center,
Development of new multi-family and mixed-use in the City Center and in the
Residential High Density and Commercial Mixed Use designations, and
Infill development on vacant and underutilized land in established neighborhoods
and multi-family areas.
7. The site is located within the Residential-4 (R-4) zoning classification.
8. The Canyon Terrace Subdivision was processed under King County prior to annexation to the City of
Renton. Previously Canyon Terrace was three (3) subdivisions (Wehrman, Flueve de Voiles, and Cogger
Short Plat) that were combined into one (1) subdivision now known as Canyon Terrace. The subdivision
is vested to King County setback standards that include a 10-foot front yard, 20-foot garage setback, and
five (5) foot side/rear yard.
DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A
City of Renton Department of Community & Economic Development
Canyon Terrace Lot 34 Setback Variance
Administrative Report & Decision
LUA20-000003,V-A
Report of February 19, 2020 Page 4 of 7
D_Admin_Report_CanyonTerrace_Lot34_Variance
9. The following variance to the vested plat regulation has been requested by the applicant:
Canyon Terrace
Vested Standard
Required Standard Requested Variance
Side/Rear Setback Five (5) foot side and rear yard
setbacks
Applicant has requested to encroach
approximately one (1) foot into the rear yard
setback
10. This variance application is limited to considering the five (5) side and rear setbacks as requested in the
master application submittal. Exhibits 2-4 have not been reviewed for compliance with all applicable
single family building permit code requirements. Nothing in this application or decision shall constitute
future building permit approval for the new home on Lot 34.
11. Staff received no public or agency comments.
12. Representatives from various city departments have reviewed the application materials to identify and
address issues raised by the proposed development. These comments are contained in the official file,
and the essence of the comments has been incorporated into the appropriate sections of this report and
the Departmental Recommendation at the end of this report.
13. Variance Analysis: The applicant has requested a variance to the five (5) foot rear yard setback standard
for Lot 34 associated with the Canyon Terrace subdivision. Lot 34 is a corner lot with frontage on SE 191st
St and 123rd Ave SE. The primary front yard is located on SE 191st St as the driveway was constructed along
this frontage as part of the plat infrastructure. As shown on the site plan (Exhibit 2), the lot is relatively
narrow and contains a curve line along SE 191st St to accommodate the right-of-way. The applicant
proposes to encroach one (1) foot into the rear yard setback abutting Lot 33 for the purposes of
accommodating a garage 20.5-feet in depth and a driveway that could provide adequate depth for a
parked vehicle that does not overhang into the right-of-way. The proposed setback encroachment would
be limited to the portion of the structure that accommodates the garage with the remaining structure
returning inward to comply with the five (5) foot setback requirement. The proposal is compliant with
the following variance criteria, pursuant to RMC 4-9-250.B.5. Therefore, staff recommends approval of
the requested variance.
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 applicant contends the size and shape of Lot 34 is narrow in depth
ranging from 34-44 feet due to the street layout with a total lot size of 4,174 square
feet. Additionally, the lot is a corner lot with street frontage along SE 191st St and 123rd
Ave SE. The size and shape of the lot, the location of the driveway on SE 191st St near
the intersection installed with the plat infrastructure, and site distance needs result in a
constrained space to build a typical single family residence.
Staff concurs that the subject property is constrained and suffers practical difficulties
and unnecessary hardship due to the size, shape, and location of the lot. The lot is
narrow relative to typical corner lots and the curved lot line along the primary front yard
DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A
City of Renton Department of Community & Economic Development
Canyon Terrace Lot 34 Setback Variance
Administrative Report & Decision
LUA20-000003,V-A
Report of February 19, 2020 Page 5 of 7
D_Admin_Report_CanyonTerrace_Lot34_Variance
abutting SE 191st St further constrains portions of the lot. The lot was approved as part
of the Canyon Terrace subdivision that was vested to dimensional standards of King
County. By decreasing the rear yard setback one (1) foot for a portion of the house, it
allows for a garage that contains 20.5-feet in depth and driveway 20.5 feet in depth
resulting in adequate space to park vehicles without overhang into the right-of-way
similar to other property owners in the subdivision.
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 shifting the setback reduction to the rear
yard instead of the front yard allows the intersection site distance to be maintained.
The one (1) foot rear yard setback reduction would be nominal and limited to the
southwest portion of the home.
Staff concurs that granting the variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity. By shifting the
portion of the house toward the rear property line one (1) foot, it allows a typical vehicle
to park in the driveway and not block the abutting sidewalk. The one (1) foot reduction
along the abutting Lot 33 is nominal and would extend approximately 25-linear feet
before returning west to comply with the five (5) setback requirement.
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 a reasonably sized residence could not be
developed on the lot without the requested variance. Other residences within the
subdivision contain a garage and driveway that can accommodate a typical sized
vehicle.
Staff concurs the variance would not constitute a grant of special privilege inconsistent
with other properties in the vicinity. Residences on this block contain garages with 21.5-
feet and 22-feet in depth, which is greater than what the applicant is requesting.
d. That the approval is a minimum variance that will accomplish the desired purpose.
Staff Comment: The applicant contends the variance is minimal and maintains the 20-
foot front yard garage setback.
Staff concurs that the variance would be minimal and would accomplish the desired
purpose. The one (1) foot encroachment into the rear yard is nominal and the preferred
option to vary from the standards as it maintains the 20-foot garage setback and site
distance from the intersection. The portion of the house that encroaches is limited to
the area needed for a typical sized garage and then the remaining portion of the
structure complies with the required five (5) foot setback from the rear property line.
DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A
City of Renton Department of Community & Economic Development
Canyon Terrace Lot 34 Setback Variance
Administrative Report & Decision
LUA20-000003,V-A
Report of February 19, 2020 Page 6 of 7
D_Admin_Report_CanyonTerrace_Lot34_Variance
G. CONCLUSIONS:
1. The subject site is located in the Residential Low Density (LD) Comprehensive Plan designation and
complies with the goals and policies established with this designation, see FOF 6.
2. The subject site is at 12302 SE 191st St., Renton WA 98058 located in the Residential-4 (R-4) zoning
designation and complies with the zoning and development standards established with the Canyon
Terrace subdivision, see FOF 8.
3. The requested variance meets the four (4) criteria to be considered in making a decision on a variance
request as specified in RMC 4-9-250.B.5, see FOF 13.
H. DECISION:
The Canyon Terrace Lot 34 Setback Variance, File No. LUA20-000003,V-A, as depicted in Exhibit 2, is approved.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Jennifer Henning, Planning Director Date
TRANSMITTED on February 19, 2020 to the Owner/Applicant/Contact:
Owner/Applicant: Contact:
Bryan White, Summit Frenchies
LLC, 16000 Christensen Rd, #303,
Tukwila, WA 98188
George Newman , Barghausen
Consulting Engineers, Inc, 18215
72nd Ave S, Kent WA 98032
TRANSMITTED on February 19, 2020 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
I. 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 March 4, 2020. 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.
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2/19/2020 | 10:42 AM PST
City of Renton Department of Community & Economic Development
Canyon Terrace Lot 34 Setback Variance
Administrative Report & Decision
LUA20-000003,V-A
Report of February 19, 2020 Page 7 of 7
D_Admin_Report_CanyonTerrace_Lot34_Variance
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.
DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Canyon Terrace Lot 34 Setback Variance
Land Use File Number:
LUA20-000003,V-A
Date of Report
February 19, 2020
Staff Contact
Matt Herrera
Senior Planner
Project Contact/Applicant
George Newman
Barghausen Consulting
Engineers, Inc
18215 72nd Ave S, Kent WA
98032
Project Location
12302 SE 191st St.,
Renton WA 98058
The following exhibits are included with the Administrative report:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: Floor Plan
Exhibit 4: Elevations
Exhibit 5: Variance Request Justification
Exhibit 6: Canyon Terrace Plat
DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A
SDLOT 34SE 191ST ST.123RD AVE. SE
EXHIBIT 2RECEIVED01/09/2020 mherreraPLANNING DIVISIONDocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A
EXHIBIT 3 RECEIVED
01/09/2020 mherrera
PLANNING DIVISION
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EXHIBIT 4
RECEIVED
01/09/2020 mherrera
PLANNING DIVISION
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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
EXHIBIT 5
RECEIVED
01/09/2020 mherrera
PLANNING DIVISION
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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
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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:
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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.
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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.
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EXHIBIT 6 RECEIVED
01/09/2020 mherrera
PLANNING DIVISION
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