HomeMy WebLinkAboutD_Joos_Variance_v1_200729DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
D_Joos Variance_v1
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: July 29, 2020
Project File Number: PR16-000302
Project Name: Joos Detached Garage and Home Office Variance
Land Use File Number: LUA20-000156, V-A
Project Manager: Jill Ding, Senior Planner
Owner/Applicant/Contact: Dr. Paul Joos, Mountainvue, LLC, 9837 Hilltop Rd, Bellevue, WA 98056
Project Location: 2909 Mountain View Ave N (parcel no. 3342103953)
Project Summary: The applicant is requesting an administrative setback and height variance for the
construction of a 1,562 square foot detached garage and home office. The City's
development standards for detached accessory structures limit the size to a
maximum of 1,000 sq. ft. with a maximum wall plate height of 12 feet, in addition
detached accessory structures are not permitted between the primary structure
and the front property line. The applicant is proposing an 870 sq. ft. detached
garage with a 692 sq. ft. home office on the second story, the proposed wall plate
height would be approximately 20 feet and the proposed structure would be
located between the primary residence and the front property line. A
modification to the City's street standards was previously reviewed and
approved under LUA20-000041 allowing the existing frontage improvements to
remain along the project frontage. The project site is located within the R-8 zone
and totals 22,008 sq. ft. (landward of the ordinary high water mark). The project
site is located along the Shoreline of Lake Washington (Reach E) and is within the
Shoreline Residential designation. A Shoreline Substantial Development Permit
Exemption was previously process for the construction of a single family
residence on the project site under LUA17-000782.
Site Area: 0.52 acres
DocuSign Envelope ID: 509B141B-1317-42CD-BBD6-DE8144EF16B3
City of Renton Department of Community & Economic Development
Joos Detached Garage and Home Office Variance
Administrative Report & Decision
LUA20-000156, V-A
Report of July 29, 2020 Page 2 of 8
D_Joos Variance_v1
B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Architectural Plan Set
Exhibit 3: Colored Elevations
Exhibit 4: Variance Request Justification
C. GENERAL INFORMATION:
1. Owner(s) of Record: Dr. Paul Joos
Mountainvue, LLC
9837 Hilltop Rd, Bellevue, WA 98056
2. Zoning Classification: Residential-8 (R-8)
3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD)
4. Existing Site Use: Vacant
5. Critical Areas: The project site is located along the Shoreline of Lake
Washington (Reach E) and is within the Shoreline
Residential designation.
6. Neighborhood Characteristics:
a. North: Single family residential, R-8 zone
b. East: King County Regional Trail, R-8 zone
c. South: Single family residential, R-8 zone
d. West: Lake Washington, Reach E
7. Site Area: 0.52 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
Annexation N/A 1791 09/09/1959
Shoreline Exemption LUA17-000782 N/A 06/15/2018
Street Modification LUA20-000041 N/A 02/20/2020
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
DocuSign Envelope ID: 509B141B-1317-42CD-BBD6-DE8144EF16B3
City of Renton Department of Community & Economic Development
Joos Detached Garage and Home Office Variance
Administrative Report & Decision
LUA20-000156, V-A
Report of July 29, 2020 Page 3 of 8
D_Joos Variance_v1
c. Section 4-2-110: Residential Development Standards
d. Section 4-2-115: Residential Design and Open Space Standards
2. Chapter 3 Environmental Regulations and Overlay Districts
a. Section 4-3-090: Shoreline Master Program Regulations
3. Chapter 4 City-Wide Property Development Standards
4. Chapter 6 Streets and Utility Standards
a. Section 4-6-060: Street Standards
5. Chapter 9 Permits – Specific
a. Section 4-9-250: Variances, Waivers, Modifications, and Alternates
6. 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 July 2,
2020 and determined the application complete on July 7, 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 1-4).
3. The project site is located at 2909 Mountain View Ave N (parcel no. 3342103953).
4. The project site is currently vacant.
5. Access to the site would be provided via a driveway access off of Mountain View Ave N.
6. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use
designation. The project complies with the goals and policies of this Comprehensive Plan land use
designation.
Compliance Comprehensive Plan Analysis
Goal L-P: Minimize adverse impacts to natural systems, and address impacts of past
practice where feasible, through leadership, policy, regulation, and regional
coordination.
Goal L-U: Preserve, protect, and enhance the quality and functions of the City’s
sensitive areas including: lakes, rivers, major and minor creeks, intermittent stream
courses and their floodplains, wetlands, ground water resources, wildlife habitats, and
areas of seismic and geological hazards.
Policy L-34: Ensure buildings, roads, and other features are located on less sensitive
portions of a site when sensitive areas are present.
Policy L-36: Land uses in areas subject to flooding, seismic, geologic, and coal mine
hazards should be designed to prevent property damage and environmental
degradation before, during, and after construction.
Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new
development is designed to be functional and attractive.
DocuSign Envelope ID: 509B141B-1317-42CD-BBD6-DE8144EF16B3
City of Renton Department of Community & Economic Development
Joos Detached Garage and Home Office Variance
Administrative Report & Decision
LUA20-000156, V-A
Report of July 29, 2020 Page 4 of 8
D_Joos Variance_v1
Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas
and neighborhoods through quality design and development.
Policy L-54: Protect public scenic views and public view corridors, including Renton’s
physical, visual and perceptual linkages to Lake Washington and the Cedar River.
Policy L-55: Preserve natural landforms, vegetation, distinctive stands of trees, natural
slopes, and scenic areas that contribute to the City’s identity, preserve property values,
and visually define the community and neighborhoods.
7. The site is located within the Residential-8 (R-8) zoning classification.
8. There are no trees existing on the project site.
9. The project site is located along the Shoreline of Lake Washington (Reach E) and is within the Shoreline Residential
designation.
10. The applicant is proposing to begin construction in summer 2020 and end in fall 2020.
11. The following variances to RMC 4-2-110B have been requested by the applicant:
RMC Code Citation Required Standard Requested Variance
RMC 4-2-110B
Residential
Development
Standards
(Detatched
Accessory
Structures)
The maximum area for detached
accessory structures is 1,000 sq. ft.
The applicant is proposing an 870 sq. ft.
detached garage with a 692 sq. ft. home office on
the second story.
The maximum permitted wall
plate height is 12 ft
The proposed wall plate height would be
approximately 20 feet
Detached accessory structures are
not permitted between the
primary strcutre and front
property line.
The proposed structure would be located
between the primary residence and the front
property line.
12. No other public or agency comments were received.
13. 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.
14. Variance Analysis: The City's development standards for detached accessory structures limit the size to a
maximum of 1,000 sq. ft. with a maximum wall plate height of 12 feet, in addition detached accessory
structures are not permitted between the primary structure and the front property line. The applicant is
proposing an 870 sq. ft. detached garage with a 692 sq. ft. home office on the second story, the proposed
wall plate height would be approximately 20 feet and the proposed structure would be located between
the primary residence and the front property line. 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
Compliant if
condition of
approval is
met
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 righ ts and
DocuSign Envelope ID: 509B141B-1317-42CD-BBD6-DE8144EF16B3
City of Renton Department of Community & Economic Development
Joos Detached Garage and Home Office Variance
Administrative Report & Decision
LUA20-000156, V-A
Report of July 29, 2020 Page 5 of 8
D_Joos Variance_v1
privileges enjoyed by other property owners in the vicinity and under identical zone
classification.
Staff Comment: The applicant contends that the topography of the project site guided the siting
of the detached garage and home office. The detached accessory structure could be shifted to
the south and west, to within 6 feet of the primary residence, which would then qualify the
structure as attached to the primary residence. If the structure were considered attached to the
primary structure, the garage and home office would conform to the City’s setback, height, and
size regulations. If the garage and home office were shifted as discussed above the garage and
home office would be located on the steeper portion of the project site, which would result in
additional foundations and increased soil disruption as well as additional impervious surface for
the driveway and would locate the structure closer to the ordinary high water mark (OHWM) of
Lake Washington.
Staff has reviewed the requested variance and concurs that the strict application of the zoning
code would result in practical difficulties due to site topography. As discussed above, the
proposed detached garage and home office could be shifted to the west and south, to within 6
feet of the primary structure, which would qualify the structure as attached. If the structure were
attached (located within 6 feet of the primary structure), the garage and home office would be
in compliance with all setback, height, and size regulations and would not requir e a variance.
However, due to the site topography the garage and home office was shifted to the location
shown on the site plan (Exhibit 2). In addition, staff concurs that the proposed location is
preferred as it results in less impervious surface and a greater setback from the shoreline of Lake
Washington. If the detached accessory structure were shifted as previously described, the
structure would have a setback from Lake Washington of approximately 100 feet, as proposed
the structure would have a setback of approximately 130 feet. The proposed home office portion
of the structure includes a separate bedroom, bathroom, and a bar area with an under counter
refrigeration, sink, dishwasher, and microwave. This area is not currently proposed as an
Accessory Dwelling Unit. If the applicant decides to convert the structure to an Accessory
Dwelling Unit an Administrative Conditional Use Permit, Shoreline Conditional Use Permit, and
Shoreline Substantial Development Permit as well as additional building permits w ould be
required. Staff recommends, as a condition of approval, that any proposal to convert the
detached accessory structure to an Accessory Dwelling Unit be required to obtain all required
and necessary permits.
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: As previously discussed above, the applicant contends that detached accessory
structure could be shifted to the south and west, to within 6 feet of the primary residence, which
would then qualify the structure as attached to the primary residence. If the g arage and home
office were shifted, such that it were considered attached to the primary structure, the garage
and home office would be located on the steeper portion of the project site, which would result
in additional foundations and increased soil disruption as well as additional impervious surface
for the driveway and would locate the structure closer to the ordinary high water mark (OHWM)
of Lake Washington, which is not preferred.
Staff has reviewed the request and concurs that the requested variance would not be materially
detrimental to the public welfare. The proposed location of the detached garage and home office
results in a greater setback from Lake Washington and less impervious surface on the project
site. Furthermore, there are architectural details proposed that enhance the aesthetics of the
proposed detached accessory structure, including the orientation of the garage doors to the
south, away from the Mountain View Ave N street frontage, the large windows on the street
facing façade, as the knee braces and pitched roof.
DocuSign Envelope ID: 509B141B-1317-42CD-BBD6-DE8144EF16B3
City of Renton Department of Community & Economic Development
Joos Detached Garage and Home Office Variance
Administrative Report & Decision
LUA20-000156, V-A
Report of July 29, 2020 Page 6 of 8
D_Joos Variance_v1
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 the granting of the variance would not constitute a
grant of special privilege as the detached accessory structure could be shifted to the south and
west, to within 6 feet of the primary residence, which would then qualify the structure as
attached to the primary residence and in compliance with applicable setback, height, and size
requirements of the R-8 zone.
As previously discussed above, this alternative location was not preferred by the applicant or
City as this location would result in a reduced setback from Lake Washington as well as an
increase in impervious surface on the project site due to a longer driveway.
d. That the approval is a minimum variance that will accomplish the desired purpose .
Staff Comment: As previously discussed above the location of the garage and home office could
be shifted such that the structure would comply with the applicable location, setback, height,
and size requirements of the R-8 zone. However, this alternative location was not preferred by
the applicant or City as this location would result in a reduced setback fro m Lake Washington as
well as an increase in impervious surface on the project site due to a longer driveway. The
requested variance is the minimum necessary to accomplish the desired purpose of constructing
a detached garage and home office on the project site with the fewer site impacts.
G. CONCLUSIONS:
1. The subject site is located in the Residential Medium Density (MD) Comprehensive Plan designation and
complies with the goals and policies established with this designation, see FOF 6.
2. 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. The analysis of the proposal according to variance criteria is
found in the body of the Staff Report, see FOF 14.
3. Key features of this project include the orientation of the garage doors to the south, away from the
Mountain View Ave N street frontage, the large windows on the street facing façade, as the knee braces
and pitched roof.
H. DECISION:
The Joos Detached Garage and Home Office Variance, File No. LUA20-000156, V-A, as depicted in Exhibit 2, is
approved and is subject to the following conditions:
1. Any proposal to convert the detached accessory structure to an Accessory Dwelling Unit shall be
required to obtain all required necessary permits.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Vanessa Dolbee, Interim Planning Director Date
DocuSign Envelope ID: 509B141B-1317-42CD-BBD6-DE8144EF16B3
7/29/2020 | 3:24 PM PDT
City of Renton Department of Community & Economic Development
Joos Detached Garage and Home Office Variance
Administrative Report & Decision
LUA20-000156, V-A
Report of July 29, 2020 Page 7 of 8
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TRANSMITTED on July 29, 2020 to the Owner/Applicant/Contact:
Owner/Applicant/Contact:
Dr. Paul Joos
Mountainvue, LLC
9837 Hilltop Rd, Bellevue, WA
98056
TRANSMITTED on July 29, 2020 to the Parties of Record:
D. L. Savoy
3015 Mountain View Ave N
Renton, WA 98056
TRANSMITTED on July 29, 2020 to the following:
Jennifer Henning, Interim CED Administrator
Brianne Bannwarth, Development Engineering Manager
Amanda Askren, Property Services
Anjela Barton, 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 August 12, 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.
Due to Governor Jay Inslee’s Proclamation 20-25 (“Stay Home, Stay Healthy”), the City Clerk’s Office is working
remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov.
The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date. Appeals to
the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process
may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. If the situation changes such that the City
Clerk’s Office is open when you file your appeal, you have the option of filing the appeal in person.
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
DocuSign Envelope ID: 509B141B-1317-42CD-BBD6-DE8144EF16B3
City of Renton Department of Community & Economic Development
Joos Detached Garage and Home Office Variance
Administrative Report & Decision
LUA20-000156, V-A
Report of July 29, 2020 Page 8 of 8
D_Joos Variance_v1
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.
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