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HomeMy WebLinkAboutJ_My_Precious_Home_Max_Top_Plate_Height_Justification_210219_v1My Precious Home Variance Request Justification – Maximum Top Plate Height Parcel # 3628600007 Lot Size: 5,286 sqft Current Use: Vacant Zone: R-6 Variance Requested Required by code: Maximum top plat height: 24’ Maximum building height: 30’ Proposed: Maximum top plate height: 27.5’ Maximum building height 30’ Proposed top plate: 26.37’ Proposed building height: 28.25’ Variance Request Justification: The applicant suffers practical difficulties and unnecessary hardship and the variance is nec essary because of special circumstances applicable to the property. 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. The subject parcel is substantially smaller than most other parcels in the neighborhood and as required in the R-6 zone in the city. The City of Renton Zoning Code lists a minimum lot size of 7,000 sqft in the R6 zone. The subject property is a small, irregularly shaped nonconforming 5,286 sqft lot, causing the subject lot to be significantly smaller than the minimum required lot size. Coupled with its small size, irregular shape, the lot’s surroundings have existing mature trees which are required to be maintained causing the subject property owner to be inflicted with multiple practical difficulties and unnecessary hardships. To accommodate the lot’s small nonconforming size and irregular shape, and prevent damage to existing mature trees both on this property and neighboring properties, it is necessary to build a slightly more vertical home which necessitates a maximum top plate height of 27.5 feet, with no request for change in overall building height. In the R6 zone the maximum top plate height is 24 feet and the maximum building height is 30 feet. This request is the minimum necessary to achieve the architectural design that will allow for the home to not only stay below the standards set for the smallest conforming lot, and to protect and maintain as many existing mature trees as possible, but also to allow for the required (taller) windows to accommodate the requirements of title 4.2.115 to maintain at least 25% of the front façade to be glass. (and will still allow the windows to be proportion vertically rather than horizontally.) 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. The increased top plate height will minimize the depth of the excavation required for the home and reduce the impact of the foundation excavation on the surrounding ground surfaces and significant trees in the area directly surrounding the proposed home, while allowing for the construction of a basement style foundation in keeping with homes in the immediate area and in the R6 zone. Strict application of the code will deprive the subject property owner these rights and privileges enjoyed by others. The basement will provide additional square feet that are intended to accommodate similar living spaces with the current architectural trends and design of 9-foot ceilings consistent throughout the home as other property owners and new construction in the neighborhood enjoy. Strict application of the code deprives the subject property owner of rights and privileges enjoyed by other property owners in the vicinity and in the R6 zone. Its conformity to the neighborhood will be obtained thru the construction of a basement style foundation similar to other homes in the vicinity in which key portions of the home’s basement are above grade with 2 floors above. Strict application of the code would alter the architectural design and deprives the subject property owner of rights and privileges enjoyed by other property owners in the vicinity and in the R6 zone. Strict application and enforcement of the required top plate height will cause practical difficulties and unnecessary hardship because with the smaller building footprint and irregular shaped lot, it would not be possible to build a home of similar caliper to other new construction homes in the area. Approval of the max top plate height variance will allow the proposed architectural design features of the home, interior and exterior, to be maintained. This will allow for taller windows to accommodate the requirements of title 4.2.115 to maintain at least 25% of the front façade to be glass, and will allow the windows to be proportion vertically rather than horizontally. While the smallest conforming lots in the R6 zone have a top plate height of 24 feet they are afforded a footprint size of 2800sqft. Here, where strict application of the code causes a reduction in size of the overall footprint for the subject property to 1277 sqft (and/or if other variances are granted,) the restricted top plate height will deprive the subject property owner of the rights and privileges, such as windows that conform to the design of the home, enjoyed by other property owners in the area. 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. Granting an increased top plate height and not the overall height is not expected to be/will not be materially detrimental in any way to the public welfare or injurious to the property or improvements in the vicinity or within the R6 zone. The development as proposed is not expected to diminish surrounding property values in anyway. As proposed in size, height, and location compared to other developments in the community it is substantially similar. The home on the parcel directly adjacent on the west side of the subject parcel has an overall building height of 183.73’, while also having a lower average grade plane. Furthermore, the home on the parcel directly adjacent on the south side of the subject parcel has an overall building height of 187.70’ (see Boundary/Topographic Survey Job No. 20-92, Conducted by North Peak Associates). The proposed home will have an overall building height of no more than 181.19’ in elevation, which is lower than two neighboring parcels. The proposed development is contained to the subject property. With no increase in overall maximum height, the proposed development is not expected to be significantly impair adjacent view corridors nor is it expected to impose any hardships or injuries to the public or property or improvements in the vicinity or zone. The proposed development will not alter or diminish existing sight conditions with respect to the roadway/ROW. The new development will result in the construction of a dwelling that meets the current building standards. Granting increase in top plate height will not impact the surrounding neighbors from surface/storm water as this property will be connected to the city’s storm drainage system. Except for the concrete walkway to access the front porch, virtually all stormwater that lands on an impervious surface will be directed towards the city’s structures as the driveway slopes The 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. The subject property is a nonconforming lot and due to size, shape and surface features creates significant development constraints. Without relief, the strict application of the specific limitations upon uses of other properties in the vicinity and zone would pose severe limitations and deny the full use of the subject property. Approval does not constitute the granting of special privilege. The overall height of the entire structure is no higher than the allowed overall height therefore the approval shall not constitute a grant of special privilege. This proposal and the relief requested is the minimum necessary for development to be consistent with other development found in the local community therefore it is not a granting of special privilege. Maintaining a visually pleasing architectural feel of every aspect of the home, including the design of the flat roof, which keeps the homes’ over all height below the maximum allowed by the zoning code is not a granting of special privilege. The approval is the minimum variance that will accomplish the desired purpose. To be consistent with other development found in the immediate community the relief requested is the minimum necessary for development to accomplish the desired purpose. To allow development in a manner that is consistent with other properties in the R6 zone this is the minimum necessary to accomplish the desired purpose. It is the minimum necessary to maintain the character of the localized community. It is the minimum necessary to achieve the architectural design that will result in development that is similar in size and shape to the localized community. This is the minimum necessary to provide reasonable use of the property and is the minimum necessary to develop and maintain use of the property. This is the minimum necessary to be allowed the same rights and privileges that others in the R6 zone have been given. Approval of this variance request will: Allow the proposed architectural design features of the home, interior and exterior, to be maintained. This will allow for taller windows to accommodate the requirements of title 4.2.115 to maintain at least 25% of the front façade to be glass, and will allow the windows to be proportion vertically rather than horizontally. Allow for the construction of a basement style foundation while minimizing the impact of the foundation excavation has on the surrounding ground surfaces and significant trees in the area directly surrounding the proposed home by minimizing the depth of the excavation required by the home. The basement will provide additional square feet that are intended to accommodate the current trends of multi-generational living while also accounting for the current standards of most new construction homes designed with 9-foot ceilings. While maintaining a visually pleasing architectural feel of every aspect of the home, the design of the flat roof will provide a newer modern feel while the eaves provide a blend of something a little more contemporary and eclectic. Additionally, the flat roof will maintain the homes’ over all height below the maximum allowed by the zoning code. This means that the proposed home will not exceed the current maximum height limitation. The only purpose of this variance is to increase the maximum top plate height limitation to the minimum necessary to accomplish the desired purpose, it does not increase the maximum building height. Maintaining the maximum building height below the maximum allowed will ensure the proposed home is not built higher than is allowed for any other property owners in the area. It will also ensure that the proposed home is not blocking any views of the neighboring parcels over what the current code would allow. Conclusion: The Variance requesting Relief from maximum top plate height should be granted. Due to special circumstances applicable to the subject property, such as its non-conforming size, and a somewhat irregular shape, and special surface characteristics, the applicant suffers practical difficulties and unnecessary hardship. Strict application of the code denies the subject property a 2800 sqft footprint area allowed to minimally conforming lots in the same R6 zone therefore the strict application denies the subject property of the same privileges enjoyed by other property owners in the vicinity and in the R6 zone and requires relief to achieve the development consistent with the community. The minimum relief requested top plate height variance is not materially detrimental to the public welfare and is not injurious to the property or improvements in the vicinity. The proposed structure and its use is allowed in the zone R6 and consistent with other properties within the localized community, it does not create any prohibited uses, others have been granted similar relief, the proposed development is consistent with the development intensity found in the localized community, the specific design avoids and minimizes impact while maintaining the development standards in keeping with the community. The proposal does not constitute a grant of privilege. While other conforming lots have the privilege of additional area to accommodate all aspects of building compliance, the subject property is constrained and requesting a change in top plate height from 24 feet to 27.5 feet with no increase in overall height is the minimum necessary to will accomplish the desired purpose. We respectfully request the Variance be granted and the front and rear yard setbacks be adjusted accordingly.