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HomeMy WebLinkAboutAppellant's Brief 8.28.20 APPELLANT’S BRIEF - 1 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 LAW OFFICES GORDON THOMAS HONEYWELL LLP 520 Pike Street, Suite 2350 SEATTLE, WASHINGTON 98101-4185 (206) 676-7500 - FACSIMILE (206) 676-7575 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON IN RE: Vann Lanz Administrative Appeal NO. LUA20-000064 Appellant’s Pre-Hearing Brief Appellant Apex Development, LLC submits this brief as permitted in prior correspondence and the revised scheduling order. I. Property Description This matter involves property known as parcel nos. 182305-9005 (“Lot 1”) and 182305-9078 (“Lot 2”). The two parcels are vacant undeveloped lots that are zoned R-8. Property in the R-8 zone is intended to be developed with a minimum net density of 5 dwelling units per net acre, but only allows 1 primary dwelling unit per legal lot. RMC 4-2-110A. Lot 1 is approximately 1 acre in size and Lot 2 is greater than 1 acre in size. Thus, the lots at issue are much larger than generally allowed by the RMC in the R-8 zone. Additionally, each lot does not meet the general requirements and minimum standards for residential lots in that they each violate the maximum lot dimension APPELLANT’S BRIEF - 2 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 LAW OFFICES GORDON THOMAS HONEYWELL LLP 520 Pike Street, Suite 2350 SEATTLE, WASHINGTON 98101-4185 (206) 676-7500 - FACSIMILE (206) 676-7575 ratio. RMC 4-7-170E (“no residentially zoned lot shall have a depth-to-width ratio greater than four-to-one (4:1)”). Lot 1 is roughly 85’ wide and 520’ deep. Lot 2 is roughly 115’ wide and 520’ deep. Finally, the lots contain a remarkably difficult feature. A nearly 70’ rock cliff runs north/south through the parcels completely separating the east and west portions of the parcels from one another. The eastern portion of the lots fronts Stevens Ave NW, but the western portions of the lots above the cliff have no access to a public street. While the owner of the property can easily access the eastern portion of the parcels, there is no way to access the western portion of the parcels without either scaling a 70’ cliff or trespassing through neighboring properties. II. Development Intent Appellant seeks to develop the two lots in a logical fashion within the parameters of the RMC. Appellant ultimately seeks to construct one single family home on each lot on eastern portion of the lots fronting Steven Ave NW. Lot 2 as presently configured has no suitable home site between required lot line setbacks and steep slope critical areas extending from the cliff face toward Stevens Ave NW. To construct a home on Lot 2 as currently configured would require construction of a home within the critical area and its buffer. On the other hand, Lot 1 has ample suitable terrain over the eastern portion of the lot. If the lot line between Lot 1 and Lot 2 were shifted north by 25 feet, both lots would have room for home sites without the need to encroach into critical areas. III. Intent of Lot Line Adjustment APPELLANT’S BRIEF - 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 LAW OFFICES GORDON THOMAS HONEYWELL LLP 520 Pike Street, Suite 2350 SEATTLE, WASHINGTON 98101-4185 (206) 676-7500 - FACSIMILE (206) 676-7575 Appellant designed a lot line adjustment that moved the lot line between Lot 1 and Lot 2 north 25’ to provide the desired home sites. Additionally, lot lines would be adjusted to transfer the portion of the parcels above the cliff to a neighboring property owner. This would have the effect of reducing the current non-conformity of Lot 1 with respect to the maximum 4:1 depth-to-width ratio and eliminating the non- conformity of Lot 2. The lot line adjustments as proposed also solved a significant problem. The lack of access to the western half of the lots by the owner (or future owners of the homes) is extremely detrimental. The owner has no effective way to use or monitor the property. As a result, at least one neighboring owner has begun encroaching into western portion of the properties in an apparent land grab. Aside from the difficulty in monitoring the property for trespassers, the owner similarly has little to no ability to monitor or correct hazardous or dangerous conditions that may develop on the western portion of the property (ex: hazard trees). The logical solution is that the western portion of the parcels, unreachable from the eastern portion, and without any public access of its own, should be transferred to a neighboring property owner with the ability to safely access, monitor, and care for the property. In summary, the purpose of the LLA is to: 1) Improve lot design of Lots 1 and 2 by providing two home sites that do not require encroachment into critical areas and by reducing the present non- conformity of Lot 1 and eliminating the non-conformity of Lot 2; 2) Improve access with respect to the portion of the property above the cliff by transferring it to Lot 3 so that there is access to the property where there presently is none; and 3) Improve public health, safety, and welfare, by eliminating the need for future encroachments into critical areas and providing ownership of the upper APPELLANT’S BRIEF - 4 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 LAW OFFICES GORDON THOMAS HONEYWELL LLP 520 Pike Street, Suite 2350 SEATTLE, WASHINGTON 98101-4185 (206) 676-7500 - FACSIMILE (206) 676-7575 property to a neighboring owner with safe access and the ability to monitor and properly maintain the property. IV. City Unlawfully Denies LLA The City’s Notice of Lot Line Adjustment Decision was singularly focused on the area above the cliff to be provided to Lot 3. The Decision did not even bother to address the adjustment to the lot line between Lots 1 and 2 to accommodate reasonable development and wholly ignored the clear improvements to Lots 1 and 2. The City essentially relied on its desire to keep the area above the cliff landlocked in denying the Appellant any reasonable use of Lots 1 and 2. The City’s basis for denying the application distills down to nothing more than a generalized complaint that it would result in Lot 3 having an irregular shape, which is not prohibited by the RMC. The City cites to its “Principles of Acceptability” in denying the application, but under each principle, the City simply pointed back to the generalized concern about the shape of Lot 3. The City incorrectly claims that the proposal increases the non-conformity of Lot 3 because it increases the number of corners on the lot. While it is true that the number of corners will increase, there is no code provision limiting the number of corners a lot may have. The City instead points to RMC 4-7-170A, which states “Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines.” First, the portions of the lot lines of the proposed Lot 3 that intersect with a street adhere to RMC 4-7-170A by running radially from the cul-de- sac. After the proposal, there will be no additional lot lines intersecting with the street, and therefore no side lot lines running afoul of the preference for radial or APPELLANT’S BRIEF - 5 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 LAW OFFICES GORDON THOMAS HONEYWELL LLP 520 Pike Street, Suite 2350 SEATTLE, WASHINGTON 98101-4185 (206) 676-7500 - FACSIMILE (206) 676-7575 perpendicular side lot lines. The new portion of lot 3 is effectively a rear yard to existing Lot 3 and such lot lines do not contain the same preference as stated in RMC 4-7-170A. However, to the extent the lot lines might be considered additional side lot lines, they remain aligned parallel and perpendicular to Steven Ave NW as the case may be. Second, RMC 4-7-170A is clearly prefaced with “insofar as practical,” meaning the RMC does not mandate any particular side lot line arrangement and Lot 3 would not become non-compliant or non-conforming if it had side lot lines that departed from the ordinary. In fact, the RMC specifically contemplates and allows “irregular” shaped lots. See e.g., RMC 4-11-120 (Definition of “Lot Measurements”). The RMC contains no actual maximum on the number of allowable corners for any lot to be considered compliant. Put simply, while proposed Lot 3 is irregularly shaped, it complies with the RMC. The only specific concern raised by the City regarding the irregular shape is that the existing Lot 3 will connect to the new property at a point 17’ wide. While admitting that it is not a “flagpole” lot, the City explained that the proposed Lot 3 creates “the same undesirable effect of having a portion of a lot only accessible to a street via a narrow width.” However, the City ignores the obvious improvement that the 17’ width represents. There is presently no access to western portions of Lots 1 and 2. The proposal would provide access 17’ wide where none currently exists—a clear improvement. Significantly, while focusing solely on the irregular shape of Lot 3, the City ignores the unique characteristics of the property and the goal of promoting the APPELLANT’S BRIEF - 6 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 LAW OFFICES GORDON THOMAS HONEYWELL LLP 520 Pike Street, Suite 2350 SEATTLE, WASHINGTON 98101-4185 (206) 676-7500 - FACSIMILE (206) 676-7575 public health, safety, and general welfare in its lot line adjustment decision. See RMC 4-7-010B. The proposal as a whole reduces the non-conformity of Lot 1, eliminates the non-conformity of Lot 2, eliminates the need to construct a home within critical areas on Lot 2, and improves access to the western portion of the current lots so that they can be safely monitored and maintained. These obvious improvements greatly outweigh any concerns about creating an irregular shaped lot that would otherwise remain compliant with the RMC. Appellant respectfully requests a reversal of the lot line adjustment decision because it is unlawful and is also arbitrary and capricious. Dated this 28th day of August, 2020. GORDON THOMAS HONEYWELL LLP By: Ryan C. Espegard, WSBA No. 41805 Attorney for Appellant