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HomeMy WebLinkAboutD_Burnett_32nd_ST_Corner_Lot_Variance_v2_200803DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_LUA20-000131_Burnett 32nd ST Corner Lot Variance_v2 A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: August 3, 2020 Project File Number: PR20-000176 Project Name: Burnett and 32nd ST Corner Lot Variance Land Use File Number: LUA20-000131, V-A Project Manager: Angelea Weihs, Associate Planner Owner: Shirley Jacobs, 903 N 32nd ST, Renton, WA 98056 Applicant/Contact: Glenn Knowle, Kennydale Realty, 1321 N 32nd ST, Renton, WA 98056 Project Location: 903 N 32nd ST Project Summary: The applicant is requesting approval of a corner lot width variance for an underlying parcel 3342101510 (Lot 1) located at 903 N 32nd Street, in order to segregate two underlying parcels (3342101510 and 3342101515) into two legal lots. The two lots are within the Residential – 8 (R-8) Zone and are each 5,100 square feet. In 1946, a single-family home was built over the shared lot line, resulting in a lot combination. Per RMC 4-11-120, an applicant can request a segregation of lots where structures had been constructed over the lot line, provided that the underlying lots comply with the minimum lot size, width, and depth requirements at the time of segregation, and the structure over the lot line has been removed. The underlying Lot 1 does not comply with the required minimum corner lot width of 60 feet. The existing lot width is 50 feet, rather than the required 60 feet; therefore, the applicant is requesting a corner lot width variance so that the parcel will comply with current development standards and the two lots can be segregated in compliance with the requirements for lot segregation, per RMC 4-11-120, Lot Combination. The existing single-family home is proposed for removal. No critical areas are mapped on the project site. Site Area: 5,100 square feet (0.12 acres) DocuSign Envelope ID: 6C2A0DB5-44A8-448E-9FC2-295FEE15786B City of Renton Department of Community & Economic Development Burnett and 32nd ST Corner Lot Variance Administrative Report & Decision LUA20-000131, V-A Report of August 3, 2020 Page 2 of 7 D_Burnett and 32nd ST Corner Lot Variance B. EXHIBITS: Exhibit 1: Staff Report Exhibit 2: Site Plan Exhibit 3: Project Narrative Exhibit 4: Variance Justification Exhibit 5: Advisory Notes C. GENERAL INFORMATION: 1. Owner(s) of Record: Shirley Jacobs, 903 N 32nd ST, Renton, WA 98056 2. Zoning Classification: Residential-8 (R-8) 3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD) 4. Existing Site Use: Single-family Residence 5. Critical Areas: No critical areas are mapped on site. 6. Neighborhood Characteristics: a. North: N 32nd ST, Single-family, Residential – 8 (R-8) b. East: Single-family, Residential – 8 (R-8) c. South: Single-family, Residential – 8 (R-8) d. West: Burnett Ave N, Single-family, Residential – 8 (R-8) 7. Site Area: 5,100 SF 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 2531 12/31/1969 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 c. Section 4-2-110: Residential Development Standards 2. Chapter 9 Permits - Specific a. Section 4-9-250: Variances, Waivers, Modifications, And Alternates 3. Chapter 11 Definitions DocuSign Envelope ID: 6C2A0DB5-44A8-448E-9FC2-295FEE15786B City of Renton Department of Community & Economic Development Burnett and 32nd ST Corner Lot Variance Administrative Report & Decision LUA20-000131, V-A Report of August 3, 2020 Page 3 of 7 D_Burnett and 32nd ST Corner Lot Variance F. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on June 9, 2020, and determined the application complete on June 25, 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 2-5). 3. The project site is located 903 N 32nd ST. 4. The project site is currently developed with an existing single-family home, which is proposed for removal. 5. The applicant proposes to access both Lots 1 and 2 via N 32nd ST. The two lots abut an unimproved public alley right-of-way. Per RMC 4-4-080F.7.b, for lots abutting an alley, all parking areas and/or attached or detached garages shall not occur in front of the building and/or in the area between the front lot line and the front building line; parking areas and garages must occur at the rear or side of the building, and vehicular access shall be taken from the alley. The applicant will be required to demonstrate compliance with access requirements at the time of building permit application. 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  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.  Policy L-49: Address privacy and quality of life for existing residents by considering scale and context in infill project design. 7. The site is located within the Residential-8 (R-8) zoning classification. 8. There are two (2) trees located on-site, both of which are proposed for removal. A minimum of one tree is required to be retained to comply with minimum tree retention regulations per RMC 4-4-130H.1.a. The applicant will need to demonstrate compliance with tree retention regulations at the time of building permit application. 9. No critical areas are mapped on the project site. 10. The applicant is proposing to begin construction in following land use and building permit review. DocuSign Envelope ID: 6C2A0DB5-44A8-448E-9FC2-295FEE15786B City of Renton Department of Community & Economic Development Burnett and 32nd ST Corner Lot Variance Administrative Report & Decision LUA20-000131, V-A Report of August 3, 2020 Page 4 of 7 D_Burnett and 32nd ST Corner Lot Variance 11. The following variances to RMC 4-2-110A have been requested by the applicant: RMC Code Citation Required Standard Requested Variance RMC 4-2-110A Development Standards for Residential Zoning Designations (Primary Structures) 60-foot Corner Lot Width Minimum The applicant is requesting approval of a 50 foot corner lot width variance from RMC 4-2- 110A, where a 60 foot corner lot width is required, so that underlying Lot 1 will comply with current development standards, and the two underlying lots can be segregated. 12. No 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 applicant is requesting approval of a 50 foot corner lot width variance from RMC 4-2-110A, where a 60 foot corner lot width is required, so that Lot 1 will comply with current development standards and the two underlying lots can be segregated in compliance with the requirements of RMC 4- 11-120, Lot Combination. 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, with conditions. 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 City of Renton currently has several R-8 zoned lots, under common ownership, throughout the City where structures have been constructed over lot lines. Structures are not permitted to be constructed over a lot line and any structure constructed over a lot line would not comply with the setback requirements of the zone. In addition, the construction of a structure over a lot line results in the lot functioning as a single lot or one lot as opposed to two. The property located at 903 N 32nd ST has two underlying parcels (3342101510 and 3342101515). In 1946, a single-family home was built over the shared lot line, resulting in a lot combination. RMC 4-11-120, Lot Combination, allows for the segregation of lots where structures have been constructed over the lot line, provided that the underlying lots comply with the minimum lot size, width, and depth requirements of the zone. Underlying parcel number 3342101510 (Lot 1) does not comply with the required minimum corner lot width of 60 feet, but does comply with the lot size and depth requirements of the zone. The applicant is requesting a corner lot width variance for the 50-foot wide underlying parcel so that the parcel will comply with development standards and the two lots can be segregated in compliance with code. Several corner lots within two blocks of this project are approximately 50 feet in width, and are below the minimum corner lot width requirement of the zone, including: 825 N DocuSign Envelope ID: 6C2A0DB5-44A8-448E-9FC2-295FEE15786B City of Renton Department of Community & Economic Development Burnett and 32nd ST Corner Lot Variance Administrative Report & Decision LUA20-000131, V-A Report of August 3, 2020 Page 5 of 7 D_Burnett and 32nd ST Corner Lot Variance 32nd ST, 3117 Burnett Ave N, 3100 Burnett Ave N, 818 N 32nd ST, 3103 Park Ave N, 3301 Burnett Ave N, and 3004 Burnett Ave N. Staff has reviewed the variance request and concludes that, while the size, shape, topography, location and surroundings of the subject property do not prevent the strict application of the Code, special circumstances exist on the project site, which prevent the applicant from enjoying the same rights and privileges enjoyed by other property owners in the vicinity. Both underlying lots (parcel numbers 3342101510 and 3342101515) meet the lot size and depth requirements for the R-8 zone. Lot 2 (parcel number 3342101515) also meets the lot width requirements of the zone. The underlying lots could be segregated and developed if the underlying corner lot (parcel number 3342101510) complied with the minimum corner lot width requirements. Therefore, the strict application of the code prevents the applicant from developing on an otherwise buildable underlying lot which was legally created in 1904 within King County Jurisdiction, and which is comparable in size and dimension to other corner lots in the Kennydale community.  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 the proposed variance to the corner lot width requirements would not be materially detrimental to the public welfare or injurious to the properties in the vicinity. If the variance is granted, additional new single-family residence can be erected which will benefit the city and the local community by providing off-site improvements that will create better accessibility and curb appeal. In addition, segregation of these underlying lots will encourage infill development of single-family units as a means to meet growth targets and provide new housing. Staff concurs with the applicant that the proposal would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone. Development of this site will create more opportunities for new housing and public right-of-way improvements. Furthermore, there are numerous homes in the neighborhood located at corners that have been constructed on 50-foot wide lots.  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: As previously discussed above, the applicant contends that the proposed variance from RMC 4-2-110A to the corner lot width requirements would not be a special privilege inconsistent with other properties in the vicinity, as other developed corner lots in the vicinity of the project site have similar lot sizes and dimensions. These underlying lots and the surrounding lots in the neighborhood were legally created in 1904 within King County Jurisdiction, before the area was annexed into the City of Renton via Ordinance #2531 on December 31, 1969. Many other existing corner lots in the area were created per the applicable King County Zoning and are also considered to be nonconforming in regards to lot width requirements. Staff concurs that the requested variance would not be a special privilege inconsistent with other properties in the vicinity, as the current lot dimensions are consistent with DocuSign Envelope ID: 6C2A0DB5-44A8-448E-9FC2-295FEE15786B City of Renton Department of Community & Economic Development Burnett and 32nd ST Corner Lot Variance Administrative Report & Decision LUA20-000131, V-A Report of August 3, 2020 Page 6 of 7 D_Burnett and 32nd ST Corner Lot Variance G. CONCLUSIONS: 1. The subject site is located at 903 N 32nd ST. The site is within the Residential – 8 (R-8) zoning classification. 2. The applicant is requesting approval of a 50 foot corner lot width variance from RMC 4 -2-110A, where a 60 foot corner lot width is required, so that the parcel would comply with current development standards and the two lots can be segregated in compliance with RMC 4-11-120, Lot Combination. 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, provided conditions of approval are met. The analysis of the proposal according to variance criteria is found in the body of the Staff Report, see FOF 14. H. DECISION: The Burnett and 32nd ST Corner Lot Variance, File No. LUA20-000131, V-A, as depicted in Exhibit 2, is approved and is subject to the following condition: 1. A demolition permit shall be applied for and final inspection completed for the existing single-family home, and the applicant shall request and receive legal lot determination from the city, prior to variance expiration. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Vanessa Dolbee, Interim Planning Director Date the surrounding neighborhood. Based on the analysis provided above under a. and b., staff believes that approval of a reduced corner lot width to 50 feet would not constitute a grant of special privilege inconsistent with the limitation upon use of other properties in the vicinity. Compliant Provided Condition of Approval is Met d. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: The applicant contends that the requested corner lot width variance is the minimum needed to accomplish the desired purpose. Approval of this variance would allow the owners to segregate the property into two legal lots for the future construction of two single-family homes, provided the existing single-family home over the shared property line is demolished. Staff recommends as a condition of approval that the existing single- family home be removed in order to be consistent with the definitions of “lot, legal” and “lot combination” per RMC 4-11-120. Staff have reviewed the request and agrees that the corner lot width variance from RMC 4-2-110A is the minimum variance necessary to allow for the segregation of the underlying lots following demolition of the existing single-family home. Therefore, staff supports the variance from RMC 4-2-110A for a 50-foot corner lot width for the subject site in the R-8 zone. G. CONCLUSIONS: DocuSign Envelope ID: 6C2A0DB5-44A8-448E-9FC2-295FEE15786B 8/3/2020 | 3:51 PM PDT City of Renton Department of Community & Economic Development Burnett and 32nd ST Corner Lot Variance Administrative Report & Decision LUA20-000131, V-A Report of August 3, 2020 Page 7 of 7 D_Burnett and 32nd ST Corner Lot Variance TRANSMITTED on August 3, 2020 to the Owner/Applicant/Contact: Owner: Applicant/Contact: Shirley Jacobs, 903 N 32nd ST, Renton, WA 98056 Glenn Knowle, Kennydale Realty, 1321 N 32nd ST, Renton, WA 98056 TRANSMITTED on August 3, 2020 to the following: Chip Vincent, CED Administrator 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: 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 17, 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 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: 6C2A0DB5-44A8-448E-9FC2-295FEE15786B