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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. DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A 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 DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A EXHIBIT 4 RECEIVED 01/09/2020 mherrera PLANNING DIVISION DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A 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 DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A 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 DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A 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: DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A 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. DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A 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. DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A EXHIBIT 6 RECEIVED 01/09/2020 mherrera PLANNING DIVISION DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A DocuSign Envelope ID: 0BECCECD-5441-45F5-B276-25892AB2077A