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HomeMy WebLinkAboutD_Dhillon_Single_Family_Alley_ModificationDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Dhillon Single Family Alley Modification A. ADMINISTRATIVE MODIFICATION REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: October 22, 2020 Project File Number: PR20-000282 Project Name: Dhillon Single Family Alley Modification Land Use File Number: LUA20-000225, MOD Project Manager: Angelea Weihs, Associate Planner Owner/Applicant: Dhillon Investments, LLC; 14519 SE 262nd ST, Kent, WA 98042 Contact: Simrit Dhillon; 14519 SE 262nd ST, Kent, WA 98042 Project Location: 1115 N 33rd Pl, Renton, WA 98056 Project Summary: The applicant is requesting a modification from RMC 4-4-080 Parking, Loading and Driveway Regulations in order to allow for one proposed home at 1115 N 33rd Pl (APN 3342102090) to utilize N 33rd Pl for vehicular access instead of the alley ROW at the rear of the property. The site is located in the Residential- 8 du/ac (R-8) zone and has a Comprehensive Plan Land Use Designation of Residential Medium Density (MD). Per RMC 4-4-080.F.7, for lots in the R-6 and R-8 zone abutting an alley, all parking areas shall be located at the rear side of the building and vehicular access shall be taken from the alley. The applicant intends to build one new single-family home on the existing lot. No critical areas are mapped on the subject site. Site Area: 0.12 acres (5,100 SF) DocuSign Envelope ID: 9D78CC63-BEB6-46D9-BB16-E3084BB00203 City of Renton Department of Community & Economic Development Dhillon Single Family Alley Modification Administrative Modification Report & Decision LUA20-000225, MOD Report of October 22, 2020 Page 2 of 6 D_Dhillon Single Family Alley Modification B. EXHIBITS: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Justification Exhibit 3: Site Plan Exhibit 4: Neighborhood Detail Map Exhibit 5: N 33rd Place Block Analysis C. PROJECT DESCRIPTION/BACKGROUND The applicant is requesting a modification (Exhibit 2) from RMC 4-4-080 Parking, Loading and Driveway Regulations in order to allow for one proposed home to utilize N 33rd Pl for vehicular access instead of the unimproved alley ROW at the rear of the property. The site is located in the Residential-8 du/ac (R-8) zone and has a Comprehensive Plan Land Use Designation of Residential Medium Density (MD). Per RMC 4 -4-080.F.7, for lots in the R-6 and R-8 zone abutting an alley, all parking areas shall be located at the rear side of the building and vehicular access shall be taken from the alley. The applicant intends to build one new single-family home on the existing lot (Exhibits 3-5). No critical areas are mapped on the subject site. D. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on September 23, 2020, and determined the application complete on the same day. The project complies with the 120-day review period. 2. The applicant’s submittal materials comply with the requirements necessary to process the modification request. 3. The project site is located at 1115 N 33rd Pl, Renton, WA 98056. 4. The project site is currently vacant. 5. Access to the site is proposed via N 33rd Pl, rather than the alley at the rear of the site. 6. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use designation. 7. The site is located within the Residential-8 du/ac (R-8) zoning classification. 8. No trees are located on the project site. 9. No critical areas are mapped on the subject site. 10. The applicant is proposing to begin construction following building permit approval. 11. This Modification decision does not approve the proposed architectural elevations provided by the applicant. The provided architectural elevations do not comply with the modification criteria as noted in FOF 12, criterion ‘b’, and were not reviewed for compliance with design regulations or any other development standards. In addition, review of this project proposal is based only as it pertains to the subject alley modification request. All other aspects of the project shall be verified for compliance with the applicable development standards of the zone and conditions of approval at the time of building permit review. DocuSign Envelope ID: 9D78CC63-BEB6-46D9-BB16-E3084BB00203 City of Renton Department of Community & Economic Development Dhillon Single Family Alley Modification Administrative Modification Report & Decision LUA20-000225, MOD Report of October 22, 2020 Page 3 of 6 D_Dhillon Single Family Alley Modification 12. Modification Analysis: The applicant is requesting a modification from RMC 4-4-080 in order to allow one proposed single-family home with alley ROW access to orient the garage towards, and access from, N 33rd Pl. The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250, if all conditions of approval are met. Therefore, staff is recommending approval of the requested modification, subject to conditions as noted below: Compliance Modification Criteria and Analysis Compliant if condition of approval is met a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives. Staff Comment: The purpose of requiring alley-oriented garages and vehicular alley access in the Residential-6 (R-6) and Residential-8 (R-8) zones is to improve pedestrian safety, reduce the visual impact and presence of garages on the streetscape, and increase the amount of green and pervious surfaces in the front yard setback area. The applicant states that the existing unimproved alley is not functional or useful as it does not currently go through from east to west. The lot is more than 300 feet from the nearest improved alley access point (based on the date of Administrative Modification Report & Decision) and approximately 100 feet away from the nearest anticipated future development that will improve the alley. Several neighboring homeowners have been using the unimproved alley as part of their backyard for many years, including encroaching sheds. Most of the block, from Burnett Ave N to Park Ave N, is developed with existing single-family homes that access from the street, and have encroachments in the alley, with sheds, fences, and yard improvements. A Revocable Right of Way Permit would be required for any person aspiring to temporarily or permanently use and occupy unused public right-of-way and whose property directly abuts and adjoins such public right-of-way. Staff concurs with the applicant’s justification regarding the current obstacles that prevent alley access for the lot. However, in order to ensure that the new single-family home meets the objectives of the Comprehensive Plan Land Use Element and the Community Design Element that provide for visual identity and evoke the character of the city, creating a sense of place; and which further serves to reduce driveway appearance and increase green spaces, staff recommends as a condition of approval that grasscrete pavers (or similar material as approved by the Current Planning Project Manager) be utilized for the front driveway access. In addition, in order to further reduce the visual impact of the driveway, staff recommends as a condition of approval that there be a minimum of ten feet (10') on-site landscaping along the public street frontage of N 33rd Pl that includes a mixture of trees, shrubs, and groundcover. A landscape plan in compliance with RMC 4-8-120.D.12 shall be submitted for review and approval by the Current Planning Project Manager at the time of building permit application. In addition, the driveway width shall not exceed nine feet (9’) within the required street frontage landscape area. Furthermore, the driveway improvements in the front yard and the curb cut within the street frontage shall be removed and replaced with onsite landscaping and street frontage improvements, including sidewalk and planter strip, when the alley improvements are constructed behind the home at a later date. The applicant shall provide a driveway proposal for review and approval at the time of building permit application. DocuSign Envelope ID: 9D78CC63-BEB6-46D9-BB16-E3084BB00203 City of Renton Department of Community & Economic Development Dhillon Single Family Alley Modification Administrative Modification Report & Decision LUA20-000225, MOD Report of October 22, 2020 Page 4 of 6 D_Dhillon Single Family Alley Modification The applicant will be required to pay an applicable fee-in-lieu for alley improvements prior to building permit issuance. See additional comments regarding home design and appearance under criterion ‘b’. Compliant if condition of approval is met b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment. Staff Comment: As stated above, the applicant states that the existing unimproved alley is not functional or useful as it does not currently go through from east to west. In addition, the applicant also states that the design of the home will ensure that the visual impact of the garage will be minimized, while porches and front doors will be the emphasis of the front of the home; however, the applicant does not explain in the provided modification justification (Exhibit 2) how the garage is minimized or how the front entry is emphasized beyond what is required by code. Staff agrees that the length of the existing unimproved alley prevents functional utilization of alley access for the proposed home; however, staff does not agree that the proposed home design, submitted with the Modification, adequately minimizes the appearance of the garage or meets the purpose and intent of the code. Staff does not concur that the project, as proposed with the Modification application, complies with the criteria for approval of a modification. The proposed design does not meet the intent of the R-8 zone that requires the garage to be located at the rear or side of the building. A proposal that includes a prominent garage entrance that is visible from the street frontage does not meet the intent of the Renton Municipal Code, or meet the aesthetic goals of the Renton Comprehensive Plan. Therefore, staff recommends as a condition of approval that the garage and garage entrance for the new single-family residence be located behind of the house, rather than the front or side of the house. The garage shall be designed to ensure access is preserved from the existing alley if improved in the future. The final home design shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance  c. Will not be injurious to other property(ies) in the vicinity. Staff Comment: The applicant contends that utilizing N 33rd Pl for vehicular access and orienting the garage towards the street would not be injurious to the neighboring properties, as the majority of nearby homes currently utilize the street for access. Staff concurs with the applicant that requested modification would not be injurious to other properties in the vicinity. Compliant if condition of approval is met d. Conforms to the intent and purpose of the Code. Staff Comment: See comments under criterion ‘a’.  e. Can be shown to be justified and required for the use and situation intended; and Staff Comment: As stated above, several neighboring homeowners have been using the unimproved alley as part of their backyard for many years, including encroaching sheds, fences, and yards. See comments under criterion ‘a’ regarding a Revocable Right of Way Permit. Until more of the alley is improved, access from the existing street may be less burdensome on the neighborhood. In addition, alley access for the proposed single family home would require, at this time, a dead-end alley more than 450 feet from Park DocuSign Envelope ID: 9D78CC63-BEB6-46D9-BB16-E3084BB00203 City of Renton Department of Community & Economic Development Dhillon Single Family Alley Modification Administrative Modification Report & Decision LUA20-000225, MOD Report of October 22, 2020 Page 5 of 6 D_Dhillon Single Family Alley Modification Ave N. Therefore, staff concurs that the modification is justified and required for the use and situation intended.  f. Will not create adverse impacts to other property(ies) in the vicinity. Staff Comment: See comments under criterion ‘c’. E. DECISION: The proposal satisfies 6 of the 6 criteria listed in RMC 4-9-250 for approval of modifications, provide conditions of approval are met. Therefore, the Dhillon Single Family Alley Modification (MOD), File No. LUA20-000225, MOD, is approved and is subject to the following conditions. 1. Grasscrete pavers (or similar material as approved by the Current Planning Project Manager) shall be utilized for the driveway access. The applicant shall provide a driveway surface proposal for review and approval by the Current Planning Project Manager at the time of building permit application. 2. There be a minimum of ten feet (10') on-site landscaping along the public street frontage of N 33rd Pl that includes a mixture of trees, shrubs, and groundcover. A landscape plan in compliance with RMC 4-8- 120.D.12 shall be submitted for review and approval by the Current Planning Project Manager a t the time of building permit application. 3. The driveway width shall not exceed nine feet (9’) within the required street frontage landscape area. Furthermore, the driveway improvements in the front yard and the curb cut within the street frontage shall be removed and replaced with onsite landscaping and street frontage improvements, including sidewalk and planter strip, when the alley improvements are constructed behind the home at a later date. The applicant shall provide a driveway proposal for review and approval by the Current Planning Project Manager at the time of building permit application. 4. The garage and garage entrance for the new single-family residence shall be located behind of the house, rather than the front or side of the house. The garage shall be designed to ensure access is preserved from the existing alley if improved in the future. The final home design shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Vanessa Dolbee, Planning Director Date TRANSMITTED on October 22, 2020 to the Owner/Applicant/Contact: Owner/Applicant: Contact: Dhillon Investments, LLC 14519 SE 262nd ST, Kent, WA 98042 Simrit Dhillon 14519 SE 262nd ST, Kent, WA 98042 TRANSMITTED on October 22, 2020 to the Parties of Record: None DocuSign Envelope ID: 9D78CC63-BEB6-46D9-BB16-E3084BB00203 10/22/2020 | 4:38 PM PDT City of Renton Department of Community & Economic Development Dhillon Single Family Alley Modification Administrative Modification Report & Decision LUA20-000225, MOD Report of October 22, 2020 Page 6 of 6 D_Dhillon Single Family Alley Modification TRANSMITTED on October 22, 2020 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Amanda Askren, Property & Technical Services Manager Clark Close, Interim Current Planning Manager Anjela Barton, Fire Marshal K. 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 November 5, 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 Modification 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: 9D78CC63-BEB6-46D9-BB16-E3084BB00203 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION REPORT & DECISION EXHIBITS Project Name: Dhillon Single Family Alley Modification Land Use File Number: LUA20-000225, MOD Date of Report October 22, 2020 Staff Contact Angelea Weihs Associate Planner Project Contact/Applicant Dhillon Investments, LLC 14519 SE 262nd ST, Kent, WA 98042 Project Location 1115 N 33rd Pl, Renton, WA 98056 The following exhibits are included with the Administrative Modification Report: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Justification Exhibit 3: Site Plan Exhibit 4: Neighborhood Detail Map Exhibit 5: N 33rd Place Block Analysis DocuSign Envelope ID: 9D78CC63-BEB6-46D9-BB16-E3084BB00203