HomeMy WebLinkAboutD_Reconsideration Decision_200617_FINAL
June 18, 2020
George Steirer
7233 Douglas Ave SE
Snoqualmie, WA 98065
SUBJECT: Reconsideration of Condition of Approval #3 for the Benson Trails Variance
(LUA20-000083, V-A)
Dear Mr. Steirer:
We received your timely request for reconsideration with regard to Condition of Approval #3 for
the Benson Trails Variance. Condition #3 states “A lot line adjustment shall be recorded prior to
the issuance of a building permit to reflect the easement line, as shown in Exhibit 7, which was
recorded to address the encroachment.” In your request, you express concern with the additional
time delay that a lot line adjustment would incur as well as the requirement to cooperate with
the neighbor especially during the COVID-19 pandemic.
Staff has reviewed the request, and we note that the City’s R-4 development standards (RMC 4-2-
110A) limit the number of dwelling units on a lot zoned R-4 to one dwelling plus one accessory
dwelling unit. This code section is also subject to footnote 2 of RMC 4-2-110E, which states that
use-related provisions are not eligible for a variance, which includes dwelling units per lot.
Furthermore, pursuant to RMC 4-11-120 Definitions, ‘L’ Lot Combination, the construction of a
dwelling unit upon a lot line shared by an abutting lot under common ownership at the time of
construction would combine the lots into one lot. The home located at 18306 121ST PL SE was
owned by Benson Trails LLC at the time of home construction across the property line (see Exhibit
A: permit CP10050, issuance date 6-21-2011 and King Co. property sales history). The subject
parcel, 18300 121ST PL SE was also owned by Benson Trails LLC in 2011 (Exhibit B: King Co. property
sales history).
Based on the facts noted above, the two lots were combined pursuant to RMC Lot Combination
definition at time of construction of the home at 18306 121ST PL SE. This definition allows for the
legally created lots to be segregated provided that the home is removed and the new lot complies
with the current minimum lot size, width and depth of the zone. As you noted in your
George Steirer
Page 2 of 2
June 18, 2020
reconsideration, staff has approved a lot size variance to allow for compliance with the second
requirement of this provision. However, in lieu of removing the home as required by the first half
of this provision staff has conditioned the project to complete a Lot Line Adjustment (LLA) so as
to not impact the home owner at 18306 121ST PL SE. Compliance with the LLA and the combined
variance approval would allow the subject parcel to be considered segregated and therefore a
new single family home would be permitted to be built on this lot. Without compliance with the
lot combination definition requirement and condition of approval #3, the new home would be
considered a second dwelling unit on the lot and therefore would not be permitted.
Staff does recognize that there are alternative methods for adjusting lot lines that may be less
time consuming than a lot line adjustment. Therefore, staff recommends that Condition #3 be
amended to allow for other legally acceptable alternatives for adjusting the lot lines to correct the
encroachment.
Decision: Therefore the Condition #3 of the Benson Trails Variance, LUA20-000083 is amended
to read as follows: A lot line adjustment, or other legally acceptable means of correcting lot lines,
shall be recorded prior to the issuance of a building permit to reflect the easement line, as shown
in Exhibit 7, which was recorded to address the encroachment.
This decision to amend the original Benson Trails Variance Decision is subject to a 14-day appeal
period. The above decision will become final if not appealed in writing together with the required
fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057 by 5:00 pm
on Thursday July 2, 2020. RMC 4-8-110 governs appeals to the Hearing Examiner and additional
information regarding the appeal process may be obtained from the City Clerk’s Office, Renton
City Hall - 7th Floor, CityClerk@rentonwa.gov or (425) 430-6510.
Sincerely,
Jennifer Henning, AICP
Planning Director
Enclosures: Exhibit A, Exhibit B
cc: C.E. “Chip” Vincent, CED Administrator
Vanessa Dolbee, Current Planning Manager
Jill Ding, Senior Planner
Trudel, LLC
Parties of Record