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HomeMy WebLinkAboutD_Leighton Reconsideration Decision.SIGNED December 21, 2021 Frank Overton King County Parks and Recreation 201 S Jackson St Seattle, WA 98104 SUBJECT: Reconsideration of the Leighton Administrative Setback Variance (LUA21-000237, V-A) Dear Mr. Overton: We received your timely request for reconsideration with regard to the Leighton Administrative Setback Variance. The Leighton Administrative Setback Variance approved a side yard setback reduction from the required five (5)-foot setback (RMC 4-2-110A) to a side yard setback that would range from zero (0) feet to three (3) feet, nine (9) inches with four (4) conditions of approval. Condition #4 states “4. The applicant shall obtain a temporary construction easement from the King County Parks Department prior to the issuance of a Building Permit.” In your request, you note that a Special Use Permit was requested from King County for temporary construction access for the construction of the proposed single-family residence. The requested Special Use Permit was denied by King County Parks as it was determined that full use of the trail corridor would be anticipated at a later date. You further request that the requested setback variance be denied and that the required five (5)-foot zoning setback be upheld. Staff has reviewed the request, as King County Parks has denied the applicant’s application for a Special Use Permit, it would seem that Condition #4 is not applicable and should be stricken from the decision. With regards to the requested denial of the setback variance, City staff have been in contact with the applicant’s architect to determine the minimum setback that could accommodate the proposed residence, while not impacting the abutting King County Parks property. The applicant contends that an eighteen (18)-inch setback would allow for the construction of the proposed residence without impacing King County Parks property. The boundary between the applicant’s property and the abuting King County Parks property is similar to the boundary between a private lot and a public sidewalk. In accordance with RMC 4-6-060, a two (2)-foot setback is required between the back of sidewalk and the property line, therefore, staff concludes that minimum two (2)-foot setback would provide adequate separation between the proposed residence and eastern property line. Recipient Page 2 of 2 December 21, 2021 In addition, RMC 4-2-110E.4 includes allowed projections into setbacks, however as this Administrative Setback Variance allows the residence to project into the required side yard setback, staff recommends that all aspects of the home (i.e. eves, bay windows, fire place structures, etc.) be required to comply with the two (2)-foot setback. Decision: Therefore, Condition #4 of the Leighton Residence Administrative Variance, LUA21-000237 should be removed. In addition, the Leighton Residence Administrative Variance, LUA21-000237, should be amended to approve a side yard setback variance from the east property line that would range from two (2) feet to three (3) feet, nine (9) inches and that all aspects of the home would be required to comply with the minimum two (2)-foot setback. This decision to amend the original Leighton Residence Administrative Variance Decision is subject to a 14-day appeal period. The above decision will become final if not appealed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057 by 5:00 pm on Tuesday, January 4, 2022. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk’s Office, Renton City Hall - 7th Floor, CityClerk@rentonwa.gov or (425) 430-6510. Sincerely, Vanessa Dolbee Planning Director cc: C.E. “Chip” Vincent, CED Administrator Matthew Herrera, Current Planning Manager Jill Ding, Senior Planner Steve and Lisa Leighton / Owners Heidi Helgeson, H2D Architecture and Design / Applicant Lisa Montalvo, H2D Architecture and Design / Contact Parties of Record