HomeMy WebLinkAboutD_My_Precious_Home_Variances_v8DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
D_My Precious Home Variances_v8
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: July 15, 2021
Project File Number: PR21-000074
Project Name: My Precious Home Variances
Land Use File Number: LUA21-000067, V-A
Project Manager: Brittany Gillia, Assistant Planner
Owner: Rivendell Homes LLC, 11007 Slater Ave NE, Kirkland, WA 98033
Applicant/Contact: Paul Goertz, BensonMaxwell LLC, 11007 Slater Ave NE, Kirkland, WA 98033
Project Location: APN 3628600007
Project Summary: The applicant is requesting an administrative variance to reduce the front yard
setback for the construction of a 2 story, 4,046 sq ft single family home on an
unaddressed and vacant parcel located near the intersection of Park Ave N and N
37th St (APN 362860-0007). Renton Municipal Code (RMC) 4-4-110A requires, a
minimum front yard setback of 25 ft, and the applicant is proposing to reduce the
front yard requirement to 15 ft. The proposed home would have an approximate
footprint of 1,638 square feet on the non-conforming 5,286 square foot site located
in the R-6 zone. The structure is proposed to have an attached 3- car garage and two
office/flex spaces located in the basement as well as three (3) bedrooms, four (4)
bathrooms and living space on the first and second floors. Access to the new home
is proposed off N 37th St. The applicant is proposing to remove 4 of the 8 significant
trees on site and there are no critical areas mapped on the parcel.
Site Area: 0.12 acres
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City of Renton Department of Community & Economic Development
My Precious Home Variances
Administrative Report & Decision
LUA21-000067, V-A
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B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan (Redlined)
Exhibit 3: Floor Plan
Exhibit 4: Neighborhood Detail Map
Exhibit 5: Colored Elevations
Exhibit 6: Variance Request Justification
Exhibit 7: Public Comment
Exhibit 8: Agency Comment
C. GENERAL INFORMATION:
1. Owner(s) of Record: Rivendell Homes LLC
11007 Slater Ave NE, Kirkland, WA 98033
2. Zoning Classification: Residential-6 (R-6)
3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD)
4. Existing Site Use: Vacant
5. Critical Areas: None
6. Neighborhood Characteristics:
a. North: N 37th St, Single family residential, R-6 zone
b. East: Single family residential, R-6 zone
c. South: Single family residential, R-6 zone
d. West: Single family residential, R-6 zone
7. Site Area: 5,286 square feet (0.12 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 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
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City of Renton Department of Community & Economic Development
My Precious Home Variances
Administrative Report & Decision
LUA21-000067, V-A
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b. Section 4-2-060: Zoning Use Table – Uses Allowed in Zoning Designations
c. Section 4-2-110: Residential Development Standards
d. Section 4-2-115: Residential Design and Open Space Standards
2. Chapter 4 City-Wide Property Development Standards
3. Chapter 6 Streets and Utility Standards
a. Section 4-6-060: Street Standards
4. Chapter 9 Permits – Specific
a. Section 4-9-250: Variances, Waivers, Modifications, and Alternates
5. 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 March 2,
2021 and determined the application complete on March 3, 2021.
2. The Planning Division of the City of Renton placed the application on-hold on March 26, 2021 pending
updated submittal materials to revise the scope of the proposal and took the project off-hold on April 21,
2021 after receiving new submittal materials (Exhibit 2-6). The revised scope removed requests for a
reduced rear yard setback variance, increased lot coverage variance, and increased maximum wall plate
variance. The project complies with the 120-day review period.
3. Staff received four (4) public comments (Exhibit 7) regarding the original proposal with concerns
regarding front and rear yard setback reductions and the proposed maximum height of the structure.
Staff analysis to address these concerns based on the revised proposal is provided in FOF 16.
4. Staff received one (1) comment from the Duwamish Tribe (Exhibit 8) with concerns regarding tree
retention and increased maximum impervious surface related to Environmental Review (SEPA). These
concerns are addressed by the applicant in the updated submittal materials (Exhibit 2, 6). The proposal
is categorically exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a).
5. The applicant’s submittal materials comply with the requirements necessary to process the administrative
variance request. (Exhibits 2-8)
6. The project site is located near the corner of N 37th St and Park Ave N, and is the second lot to the west.
7. The project site is currently vacant.
8. Access to the site would be provided via a driveway access off of N 37th St.
9. 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
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physical activity, builds social connections, and creates stable neighborhoods by
incorporating both built amenities and natural features.
✓ Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new
development is designed to be functional and attractive.
✓ Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas
and neighborhoods through quality design and development.
✓ Policy L-48: Address privacy and quality of life for existing residents by considering
scale and context in infill project design.
10. The site is located within the Residential-6 (R-6) zoning classification.
11. There are approximately eight (8) trees located on-site, of which the applicant is proposing to retain a
total of four (4) significant trees.
12. The applicant is proposing to begin construction immediately following land use and subsequent
building permit approval.
13. 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
Residential Development
Standards (Primary
Structures)
The minimum required
front yard setback is 25 ft.
The applicant is requesting a 15 foot front
yard setback.
14. Analysis within this report is limited to the requested front yard setback variance request. Other bulk
limitations and development standards including but not limited to height, rear and side yard setbacks,
lot coverage, and tree retention would be reviewed for compliance with the single-family building permit.
15. 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.
16. Variance Analysis: The applicant is requesting a variance to allow a new single family residence to
encroach ten (10) feet into the twenty five (25) foot front yard setback that is required in the R-6 zone.
The proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250.B.5. Therefore,
staff recommends approval with conditions of the requested variance.
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 subject property is a 5,286 square foot irregularly shaped lot
located in the R-6 zone. The City of Renton’s residential development standards for the
R-6 zone requires a minimum lot size of 7,000 sq ft and minimum lot width of 60 feet
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Administrative Report & Decision
LUA21-000067, V-A
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and minimum lot depth of 90 feet. The subject property has a lot width of approximately
77 feet and a curved front yard property line with a western edge lot depth of 58.76 feet
and an eastern lot depth of 77.61 that creates an average lot depth of 68.19 feet. The
subject property is nonconforming with regard to minimum lot size and minimum lot
depth for R-6 zoned properties. The applicant contends that if the required R-6 setbacks
are applied the available maximum developable area would result in an undesira ble
and extremely narrow home with an impractical shape and a cost prohibitive design.
Strict application of the required setbacks would reduce the buildable area to create
practical difficulties and unnecessary hardship.
Staff has reviewed the requested variance and concurs that the strict application of the
zoning code would result in practical difficulties due to site dimensions. According to
staff analysis, strict application of the zoning code would result in the subject lot having
an average developable width of 62 feet and an average developable depth of
approximately 15.5 feet. This would result in approximately 961 square feet of
developable area for a new primary structure which is less than half of the developable
area of a conforming lot in the R-6 zone. Therefore, the required 25-foot front yard
setback would restrict the proposed single-family residence to a building coverage that
would be inconsistent with the surrounding neighborhood and would create a hardship
for the property owner.
Compliant if
condition of
approval is
met
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 granting of the variance would not be
materially detrimental to the public welfare or injurious to the property or
improvements in the vicinity and zone in which the subject property is situated because
the proposed development would be of similar size, height, and location as compared
to other homes in the surrounding area. The applicant also contends that the proposed
development is not expected to significantly impair adjacent view corridors or impose
hardships or injuries to the public or properties within vicinity of the proposed
development. According to the proposal, storm water runoff will not impact the
neighboring properties because all storm water runoff resulting from impervious
surfaces will connect to the City’s storm drainage system and the downward driveway
slope will direct storm water toward a catch strip basin that is also connected to City
utilities.
Staff has reviewed the applicant’s justifications and concurs with their analysis. Staff
finds that the proposed front yard setback encroachment would not be detrimental to
the public welfare or injurious to the property or improvements in the vicinity and zone
in which the subject property is situated based on the characteristics of the site and the
context of the surrounding properties along N 37th St. The granting of the variance
would not result in a structure or site that is significantly different than that of the
existing homes in the neighborhood. The site plan (Exhibit 2) indicates the proposed
garage and driveway vary in depth between 16-feet and 21-feet due to the curved front
property line. Standard parking space dimensions are 9’ x 20’. Two vehicles would be
provided this space on the proposed site plan with one vehicle parked perpendicular to
N 37th St and one vehicle parked at an angle resulting in no overhang into the right -of-
way. To ensure vehicles parked on the driveway in front of the garage do not overhang
into the right of way abutting the subject property, staff recommends as a condition of
approval that the garage setback from the property line shall be no less than the
DocuSign Envelope ID: 0CA48C0A-C24B-4062-AF0E-588F9D64E62E
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My Precious Home Variances
Administrative Report & Decision
LUA21-000067, V-A
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depicted 16-feet to 21-feet shown on Exhibit 2 so that there is adequate space to
accommodate two parked cars on the driveway (one vehicle perpendicular to N 37th St
and one vehicle at an angle) without encroaching onto the right of way . Compliance
with this condition shall be confirmed by the Current Planning Project Manager with the
building permit application.
Compliant if
condition of
approval is
met
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 subject property is a nonconforming lot with development
constraints due to its size and shape. The applicant contends that without relief, the
strict application of the specific zoning regulations applicable to this lot would deny the
full use of the subject property. According to the submitted materials completed by
professional land surveyors North Peak Associates LLC, the neighboring parcel to the
east is set back from the right-of-way by approximately 12 feet along the same street
frontage, and the neighboring parcel to the west is set back from the right-of-way by
20 feet. The applicant points to a variance granted in 2018 (LUA18-000689) for a
reduction of the front and year yard setbacks on a nearby parcel located down N 37th St
to the west of the subject property (APN 8899600060) where a similar variance request
was granted. The applicant contends that other parcels in the area have been built
closer to property lines than current standards allow, and so approval of this variance
would not constitute any type of special privilege. Along with this, the applicant
contends that approval of this variance request would allow the proposed new home to
maintain visual and spatial consistency along N 37th St.
Staff concurs that there will be no special privilege granted with approval of this
variance because strict interpretation of the development regulations would deprive the
applicant of enough buildable area needed to develop a home with similar privileges
enjoyed by other property owners in the R-6 zone. Staff has reviewed several
surrounding residences via the City of Renton’s Mapping system, COR Maps, and it
appears that several of the properties along N 37th street are encroaching into the 25
foot front yard setback requirement, thus demonstrating that the proposed home
would not be a grant of special privilege, and instead would encourage a consistent
presence along the street. The site plan depicts a bay window projecting into the eastern
side yard setback, and a porch encroaching into the front yard setback which are both
allowed projections into setbacks per RMC4-2-110 E.4. However, the submitted
materials depict an encroachment on the north east edge of the home where the porch
meets the section of building dedicated to storage and a stair landing/foyer (Exhibits 2
and 3). The foyer (noted as storage and stair landing on the floor plan) is not a permitted
projection into setbacks. Therefore staff recommends as a condition of approval, t he
applicant shall submit revised floor plans and site plans with the building permit
application that indicate the foyer is setback no closer than 15 -feet from the front
property line. The revised plans shall be reviewed and approved by the Current Planning
Project Manager prior to permit issuance.
✓
d. That the approval is a minimum variance that will accomplish the desired purpose.
Staff Comment: The applicant contends that approval of this variance will allow the
proposed development to maintain consistency with other development found in the
immediate community. The applicant also contends that this request is the minimum
necessary to maintain the character of the localized community and will result in
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Administrative Report & Decision
LUA21-000067, V-A
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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 9.
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 16.
H. DECISION:
The My Precious Home Variances, File No. LUA21-000067, V-A, as depicted in Exhibit 2, is approved and is
subject to the following conditions:
1. The applicant shall submit a revised site plan at the time of building permit application for review and
approval by the Current Planning Project Manager. The garage setback from the property line shall be
clearly noted to demonstrate no less than the depicted 16-feet to 21-feet of depth shown on Exhibit 2
so that there is adequate space to accommodate two parked cars on the driveway (one vehicle
perpendicular to N 37th St and one vehicle at an angle) without encroaching onto the right of way.
2. The applicant shall submit revised floor plans and an updated site plan at the time of building permit
application that indicate the foyer is setback no closer than 15-feet from the front property line. The
revised plans 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 July 15, 2021 to the Owner/Applicant/Contact:
Owner: Applicant/Contact:
Rivendell Homes LLC
11007 Slater Ave NE
Kirkland, WA 98033
Paul Goertz, BensonMaxwell LLC
11007 Slater Ave NE
Kirkland, WA 98033
TRANSMITTED on July 15, 2021 to the Parties of Record:
development that is similar in size and shape. The applicant states that this request is
the minimum necessary to provide reasonable use of the property and is the minimum
necessary to develop and maintain use of the property.
Staff concurs with the applicant’s assessment and agrees that this is the minimum
variance needed to develop single family home on this lot based on the staff analysis
done in FOF 16.a of this report.
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Administrative Report & Decision
LUA21-000067, V-A
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Todd and Rebecca Campbell
3619 Park Ave N
Renton, WA 98056
Susan and Rowland Stow
1309 N 36th St
Renton, WA 98056
Joe Hamell
701 5th Ave S Suite 5500
Seattle, WA 98104
John Boddy, Duwamish Tribe
4705 W. Marginal Way SW
Seattle, WA 98106
James Rassmussen, Duwamish Tribe
4705 W. Marginal Way SW
Seattle WA 98106
Andrew Grueter, Duwamish Tribe
4705 W. Marginal Way SW
Seattle, WA 98106
Brian Goertz, BensonMaxwell LLC
11007 Slater Ave NE
Kirkland, WA 98033
TRANSMITTED on July 15, 2021 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Manager
Amanda Askren, Property Services
Matt Herrera, Current Planning Manager
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 July 29, 2021. An appeal of the decision must be filed within the 14-day
appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to the ongoing state of emergency enacted by
Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be
submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub
only on Tuesdays and/or Wednesdays. The appeal fee, normally due at the time an appeal is submitted, will be
collected at a future date if your appeal is submitted electronically. 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.
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.
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CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
My Precious Home Variances
Land Use File Number:
LUA21-000067, V-A
Date of Report
July 15, 2021
Staff Contact
Brittany Gillia
Assistant Planner
Project Contact/Applicant
Paul Goertz, BensonMaxwell LLC
11007 Slater Ave NE
Kirkland, WA 98033
Project Location
APN 3628600007 (near
the corner of N 37th St
and Park Ave N)
The following exhibits are included with the Administrative report:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan (Redlined)
Exhibit 3: Floor Plan
Exhibit 4: Neighborhood Detail Map
Exhibit 5: Colored Elevations
Exhibit 6: Variance Request Justification
Exhibit 7: Public Comment
Exhibit 8: Agency Comment
Exhibit 9: Administrative Decision
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