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HomeMy WebLinkAboutJurgens reconsideration - LUA20-000006 - Reconsideration of Hearing Examiner Decision - FINAL 07.06.20 LUA20-000006 – Reconsideration of Hearing Examiner Decision Jurgens RUV 2301 Jones Ave NE Renton, WA 98056 Prepared and Submitted By: Steve Jurgens 206-661-1761 sjurgens22@gmail.com 07/06/2020 The applicant is asking for reconsideration of Decision item number 2 on page 19 of the Reasonable Use Variance Appeal Decision, to remove the “New Grass” language. 1- As noted in the Hearing Examiner’s 07/02/2020 email response regarding clarification on the "7-foot gap", there is mention that there was an erroneous judgement made when interpreting the "New Grass" and "New Native Trees and Shrubs" areas. Upon clarification, there is no 7-foot gap which would create an isolated NGPE that would provide a reduced benefit to the wetland. 2- Condition 2 issued by the City of Renton in the 04/14/2020 Variance Decision does meet the intent of the comments from the Washington DOE and City of Renton ERC (SEPA). The DOE's comment, "...with a buffer consisting of native shrubs and/or trees..." does not specify an amount or specific location of additional plantings. However, it does say "consisting" which consist is defined as by the Merriam-Webster Dictionary as "to be composed or made up”. The City of Renton response to the Washington DOE and Renton ERC's comments adds clarification, specific direction and location to the additional native plantings comment by including the following in the 02/24/2020 Staff Report "...submit a revised buffer enhancement plan that includes the planting of native shrubs and/or trees along the north of the site as recommend by the Department of Ecology..." as shown in Exhibit 1. The City of Renton reiterates this condition for approval in the 04/14/2020 Variance Decision with “Staff analysis assumes compliance with the SEPA mitigation measure approved by the Environmental Review Committee, which requires the applicant to submit an updated mitigation plan that adds native trees and shrubs in the buffer area.” as shown in Exhibit 2. The revised Mitigation Plan (Exhibit 10) reflects a wetland mitigation area that consists of trees, shrubs and grass . 3- The City Renton had suggested a "four or five foot wide" area of plantings would be appropriate in the email shown in Exhibit 6, further supporting Condition 2 issued by the City of Renton in the 04/14/2020 Variance Decision. Ultimately, this location and dimensions of the "New Native Trees and Shrubs" area was established by the applicant based upon phone and on-site in-person conversations with Alex Morganroth regarding the Washington DOE and Renton ERC comments. 4- Condition 2 of the Variance Decision supports that only the "Native Trees and Shrubs" area (approx 1,100sf) should be placed within a NGPE to protect the southern edge of the wetland. 5- The applicant agrees that the installation of only this one fence encompassing only the "New Native Trees and Shrubs” area as shown in Exhibit 10 between the Northeastern corner of the addition to the Eastern property line would be reasonable and provide protection to the critical area by completing the "last link" of fencing to fully encompass the wetland and buffer. City of Renton Department of Community & Economic Development Jurgens RUV Staff Report to the Environmental Review Committee LUA20-000006, ECF, RUV Report of February 24, 2020 Page 4 of 4 SR_ERC Staff Report_200219_v3_FINAL Mitigation Measures: The applicant shall submit a revised buffer enhancement plan that includes the planting of native shrubs and/or trees along the north of the site as recommend by the Department of Ecology (Exhibit 7) for review and approval by the Current Planning Project Manager prior to building permit application. Nexus: State Environmental Policy Act (SEPA) Environmental Review and RMC 4-3-050 Critical Areas Regulations E. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or “Advisory Notes to Applicant.”  Copies of all Review Comments are contained in the Official File and may be attached to this report. EXHIBIT 1 City of Renton Department of Community & Economic Development Jurgens RUV Staff Report to the Environmental Review Committee LUA20-000006, ECF, RUV Report of February 24, 2020 Page 2 of 4 SR_ERC Staff Report_200219_v3_FINAL ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS-M B. Mitigation Measures 1. The applicant be required to submit a revised buffer enhancement plan that includes the planting of native shrubs and/or trees along the north of the site for review and approval by the Current Planning Project Manager. C. Exhibits Exhibit 1: Environmental Review Committee (ERC) Report Exhibit 2: Site Plan Exhibit 3: Floor Plan Exhibit 4: Utilities Plan Exhibit 5: Wetland and Stream Review, prepared by Altmann Oliver Associates, LLC, dated July 8, 2019 Exhibit 6: Site Photos Exhibit 7: Aerial Photography Exhibit 8: Letter from Department of Ecology, dated February 13, 2020 D. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Water a. Wetland, Streams, Lakes Impacts: Due to the presence of a wetland to the north of the project site and a stream on the eastern portion of the project site, the applicant submitted a Wetland and Stream Review prepared by Altmann Oliver Associates that included analysis of current conditions as well as analysis of the proposed project and its potential impacts on the two critical areas. The existing wetland adjacent to the site is located within a native growth protection easement created as part of the development of a four (4) lot short plat in 2005 (LUA05-050). The easement is located across the four single-family homes that were a part of the subject short plat. Based on the observations made by the consultant during a reconnaissance survey conducted in May of 2019, the wetlands (identified as Wetlands A in the report) were classified as Category II with four (4) habitat points. According to the report, the hydrology of the wetlands, a Riverine Hydrogeomorphic class containing a forested plan community, was found to be sustained from both groundwater seepage and overbank flooding created by development in the area. Plants identified in the wetland included salmonberry, Pacific willow, black cottonwood, skunk cabbage, Himalayan blackberry, and lady fern. According to the report, Wetland A, while not part of a larger wetlands system, provides EXHIBIT 1 City of Renton Department of Community & Economic Development Jurgens Reasonable Use Variance Administrative Report & Decision LUA20-000006, ECF, RUV Report of April 14, 2020 Page 7 of 12 D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL would result in a wetlands buffer encroachment of approximately 85 feet. The addition would be located on top of an existing impervious, pollution-generating surface (compressed gravel). In order to offset the impact of the replaced impervious surface in the wetlands buffer, the applicant has proposed the removal of the second gravel driveway on the north side of the site. Removal of the gravel driveway would result in a net decrease in impervious surface on the site equal to approximately 11% of the total lot area (2,250 sq. ft.). The applicant has proposed the installation of grass in place of the gravel. In lieu of the criteria typically used to evaluate administrative buffer reductions of up to 25%, see FOF 18 below for analysis on the impacts of granting the requested reasonable use variance which would allow for a reduction greater than 25%. Wetlands and their buffers are typically required to be placed within a Native Growth Protection Area (NGPA) with split rail fencing installed around the perimeter of the NGPA. Due to the fact that the buffer extends across the majority of the site and encompasses both the existing home and proposed addition, staff supports the establishment of a reduced NGPA area that would protect the mitigation planting area identified in the Wetlands Mitigation Site Plan while allowing the applicant to continue using the front yard area for recreation. A Wetlands Mitigation Site Plan prepared by the applicant (dated February 21, 2020) was submitted to staff after review of the project by the Environmental Review Committee and therefore was not evaluated by staff prior to issuance of the SEPA decision. Based on the submitted mitigation plan, staff recommends as a condition of approval that the applicant establish a Native Growth Protection Easement that encompasses the entire wetland mitigation area (approx. 1,100 SF) identified as “New Native Trees and Shrubs” on the Wetlands Mitigation Site Plan (Exhibit 10). The applicant shall also be required to install a standard split rail fence with wetlands signage along the southern edge of the buffer in order to protect the proposed new native trees and shrubs. The location of the split rail fence shall be reviewed and approved by the Currently Planning Project Manager prior to installation. Staff also recommends as a condition of approval that applicant be required to demonstrate compliance with the Native Growth Protection Easement and split fence requirement prior to issuance of a Certificate of Occupancy for the addition. After completion of the mitigation plan, compliance with the requirements for long- term (5 years) maintenance and monitoring of the mitigation area plantings would be required per the process outlined in RMC 4-3-050.L.3. 17. Reasonable Use Variance Analysis: The applicant is requesting a variance to allow an addition to a future single-family residence to be located within the wetlands buffer of a Category II wetlands. 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, subject to one condition of approval. Compliance Variance Criteria and Analysis Compliant if condition of approval is met a. 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 granting of the variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated due to two factors. First, the proposed addition to the home would not encroach into any of the standard primary structure setback requirements for the R-4 zone. The existing home is setback significantly from both the Jones Ave NE (front yard) and the west DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 EXHIBIT 2 City of Renton Department of Community & Economic Development Jurgens Reasonable Use Variance Administrative Report & Decision LUA20-000006, ECF, RUV Report of April 14, 2020 Page 8 of 12 D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL property line (rear yard). The siting of the addition on the site would not affect the privacy or view of any of the surrounding homes due the large size of the property. Second, the claims that the granting of the variance for the buffer encroachment would not negatively impact the wetlands to the north located on private property, as demonstrated in the Wetlands and Stream Review (Exhibit 7) submitted by the applicant. The applicant contends that removal of a large portion of the existing gravel driveway within the buffer would actually provide a public benefit by reducing the amount of pollution-generating runoff entering the wetlands, the stream, and eventually Lake Washington. Staff has reviewed the applicant’s justifications and concurs with the reasoning provided. Staff finds that the proposed wetlands buffer encroachment would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated based on both the large size of the site and the findings of the submitted wetlands review. Staffs analysis assumes compliance with the SEPA mitigation measure approved by the Environmental Review Committee, which requires the applicant to submit an updated mitigation plan that adds native trees and shrubs in the buffer area. The granting of the variance would not result in an increase of impervious surface and would not require the removal of any significant vegetation. In addition, if constructed, the new addition would be located almost 50 feet from the nearest home to the northeast and the home would remain screened by existing vegetation along the north property line. Therefore construction of the addition in the proposed location would have a minimal visual impact on the adjacent neighbors to the north, south, and west and would not be materially detrimental or injurious to neighboring properties or the existing critical areas on and near the site.  b. There is no reasonable use of the property left if the requested variance is not granted. Staff Comment: The applicant did not directly address the criterion, but contended that reasonable use of the property in a manner similar to the surrounding properties is not possible due to the environmental constraints on the property. The lot, at 21,190 sq. ft., is significantly larger than the surrounding R-4 lots that range from approximately 5,400 sq. ft. to 12,000 sq. ft. The applicant purchased the larger lot in order to utilize the square footage for improvements such as a larger home and multiple accessory buildings. While other properties may utilize a building coverage limit 35%, the applicants available building coverage is significantly less after critical areas regulations are applied. Staff has reviewed the applicant’s justifications and concurs that there is no reasonable use of the property left if the requested variance is not granted. Due to the wetlands buffer covering the majority of the site, the existing home could not be expanded without obtaining a reasonable use variance and would be limited to the existing building coverage of approximately 5%. If the variance is granted, the construction of the addition would create a building coverage of approximately 10% which brings the building coverage percentage closer to that afforded to the neighboring property owners without environmental constraints (35% in the R-4 zone). Therefore the granting of the variance would allow the property to be used in a manner that is both reasonable and similar to adjacent properties in the R-4 zone.  c. That the approval is a minimum variance that will accomplish the desired purpose. DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 EXHIBIT 2 (CONTINUED) EXHIBIT 6 Exhibit 10 DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 200'107'100'30'7'170' EXISTING SHED EXISTING SINGLE FAMILY STRUCTURE PROPOSED ADDITION DEMOLISH EXISTING PORCH JONES AVE NEWETLAND MITIGATION SITE PLAN SCALE: 1" = 20' PROJECT DESCRIPTION CONSTRUCTION OF A 2-STORY ADDITION TO THE EXISTING SINGLE FAMILY RESIDENCE. DEMOLITION OF EXISTING PORCH. ADDITION CONSISTS OF GARAGE ON 1ST FLOOR AND ADDITIONAL LIVING SPACE ON 2ND FLOOR. N EXISTING GRAVEL DRIVEWAY EXISTING CONCRETE PATIO EXISTING RETAINING WALL EXISTING GRAVEL DRIVEWAY LEGAL DESCRIPTION LOT 330, HILLMANS LK WN GARDEN OF EDEN # 5 N 107 FT OF E 200 FT LESS S 7 FT OF W 30 FT THOF ADDRESS: 2301 JONES AVE NE, RENTON, WA 98056 SEPTIC FIELD * *** * ** * ** * ** * * * 1,100 sf 2,220 sf 1,703 sf LEGEND 1,100 SF NEW GRASS (ORIGINALLY GRAVEL) 1,150 SF NEW NATIVE TREES AND SHRUBS (SEE PLANTINGS SCHEDULE) 1,703 SF ADDITION TO EXISTING STRUCTURE (NET 1,523 SF AFTER DEMOLITION) 2,220 SF REMAINING IMPERVIOUS GRAVEL AREA (WAS 5,740 SF) CATEGORY 2 WETLAND KENNYDALE CREEK EXISTING TREE 1,150 sf * PLANTINGS SCHEDULE SYMBOL SCIENTIFIC NAME COMMON NAME QTY SIZE L LONICERA INVOLUCRATA BLACK TWINBERRY 11 1 GAL PC PHYSOCARPUS CAPITATUS PACIFIC NINEBARK 11 1 GAL R ROSA PISOCARPA CLUSTERED ROSE 11 1 GAL S SYMPHORICARPOS ALBUS SNOWBERRY 11 1 GAL TP THUJA PLICATA WESTERN RED CEDAR 12 2 GAL TPTPTPTPTPTPTPTPTPTPTPTP L L L L L L L L L L L PC PC PC PC PC PC PC PC PC PC PCRRRRRRRRRRRSSSSSSSSSSS