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HomeMy WebLinkAboutD_Hirani_Retaining_Wall_Variance_v2DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Hirani Retaining Wall Variance_v2 A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: June 7, 2022 Project File Number: PR21-000256 Project Name: Hirani Residence Retaining Wall Land Use File Number: LUA22-000059 VAR-A Project Manager: Brittany Gillia, Associate Planner Owner: Ashifa Nurani and Shezan Hirani, 2708 Williams Ave N, Renton, WA 98056 Applicant/Contact: Stephen Siebert, P.E., Associated Earth Sciences Incorporated, 911 5th Ave, Kirkland WA 98033 Project Location: 2708 Williams Ave N Project Summary: The applicant is requesting approval of an administrative Variance in order to exceed the maximum 65% impervious surface coverage allowance for a proposed residential back yard renovation at 2708 Williams Ave N (APN 1644500170). The subject property is approximately 9,293 square feet (0.21 acres), located within the Residential-8 (R-8) zone and is developed with a single-family home (Exhibit 2). The project includes removal of unpermitted retaining walls as documented in open code case Warning of Violation (WOV): CODE19-000641 (Exhibit 3), and replacement with engineered gravity block walls with an exposed height of up to four feet (4’), along with installation of new pavers for patio and walkways, decorative aggregate, planting beds, and artificial turf between the terraced walls and along the sloping ground along the northern property boundary (Exhibit 4). The retaining walls would be constructed of PisaLite blocks and no-fines concrete (NFC) backfill (Exhibit 5). According to submitted materials, the proposed work would occur in both side yards and the rear yard of the property and would reduce the potential for erosion and improve site stability. The site is mapped with Moderate Landslide Hazards, High Erosion Hazards, Regulated Slopes (>25% & <=40%), and Wellhead Protection Areas (Zone 2, Wellfield 5A). A geotechnical report (Exhibit 4) prepared by Associated Earth Sciences Inc. was submitted with the project application. Site Area: 0.21 acres DocuSign Envelope ID: 39AA7884-9374-44CF-BC0D-81C1EAEEE31F City of Renton Department of Community & Economic Development Hirani Residence Retaining Wall Administrative Report & Decision LUA22-000059 VAR-A Report of June June 7, 2022 Page 2 of 9 D_Hirani Retaining Wall Variance_v2 B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Warning of Violation Exhibit 4: Geotechnical Report prepared by Associated Earth Sciences Incorporated, dated December 1, 2020 Exhibit 5: Project Narrative Exhibit 6: Site Plan With Staff Analysis Exhibit 7: Clover Creek Plat Map Exhibit 8: Variance Justification Exhibit 9: Artificial Turf Product Specifications C. GENERAL INFORMATION: 1. Owner(s) of Record: Ashifa Nurani and Shezan Hirani 2708 Williams Ave N, Renton, WA 98056 2. Zoning Classification: Residential-8 (R-8) 3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD) 4. Existing Site Use: Single-Family Residential 5. Critical Areas: Moderate Landslide Hazards, High Erosion Hazards, Regulated Slopes (>25% & <=40%), Wellhead Protection Areas (Zone 2, Wellfield 5A) 6. Neighborhood Characteristics: a. North: Single-Family Residential, Residential-8 (R-8) b. East: Native Growth Protection Easement (NGPE), Residential-8 (R-8) c. South: Single-Family Residential, Residential-8 (R-8) d. West: Single-Family Residential, Residential-8 (R-8) 7. Site Area: 0.21 acres D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Gustine Annexation N/A 1821 03/31/1960 Zoning N/A 5758 06/22/2015 Comprehensive Plan N/A 5758 06/22/2015 Code Violation CODE19-000641 N/A 10/18/2019 Critical Areas Exemption LUA21-000238 N/A 08/26/2021 DocuSign Envelope ID: 39AA7884-9374-44CF-BC0D-81C1EAEEE31F City of Renton Department of Community & Economic Development Hirani Residence Retaining Wall Administrative Report & Decision LUA22-000059 VAR-A Report of June June 7, 2022 Page 3 of 9 D_Hirani Retaining Wall Variance_v2 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 b. Section 4-2-110: Residential Development Standards c. Section 4-2-115: Residential Design and Open Space Standards 2. Chapter 3 Environmental Regulations and Overlay Districts a. Section 4-3-050: Critical Area Regulations 3. Chapter 4 City-Wide Property Development 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 February 24, 2022 and determined the application complete on March 8, 2022. The project complies with the 120- day review period. 2. The Planning Division of the City of Renton placed the application on-hold on April 9, 2022 to request additional information and took the project off-hold on May 11, 2022 after receiving updated submittal materials regarding impervious surface coverage and utility usage. 3. The applicant submitted this administrative variance request as a response to code violation (CODE19- 000641) that was opened on October 18, 2019 (Exhibit 3). 4. The applicant’s submittal materials comply with the requirements necessary to process the administrative variance request (Exhibits 2-9). 5. The project site is located at 2708 Williams Ave N (APN 1644500170). 6. The project site is currently developed with a single-family home and a paved area containing a detention/wet-vault access easement and private access easement. 7. Existing access to the site is provided via a driveway that extends off of Williams Ave N and would remain unchanged. 8. The private access easement on the subject parcel serves 2708 Williams Ave N (Lot 17 of the Clover Creek Plat) and 2704 Williams Ave N (APN 1644500180, Lot 18 of the Clover Creek Plat). According to the restrictions listed on Sheet 2 of 7 of the Clover Creek Plat, “The access serving lots 17 and 18 shall be maintained by the owners of lots 17 and 18. The storm easement over the access road shall be maintained by the Clover Creek Association”. 9. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use designation. The site is located within the Residential-8 (R-8) zoning classification. 10. There are no trees located on the subject site. 11. The site is mapped with Moderate Landslide Hazards, High Erosion Hazards, Regulated Slopes (>25% & <=40%), and Wellhead Protection Areas (Zone 2, Wellfield 5A). DocuSign Envelope ID: 39AA7884-9374-44CF-BC0D-81C1EAEEE31F City of Renton Department of Community & Economic Development Hirani Residence Retaining Wall Administrative Report & Decision LUA22-000059 VAR-A Report of June June 7, 2022 Page 4 of 9 D_Hirani Retaining Wall Variance_v2 12. The applicant is proposing to begin construction following permit approval and end in Winter 2022. 13. The following variance to RMC 4-2-110A has been requested by the applicant: RMC Code Citation Required Standard Requested Variance RMC 4-2-110A Residential Development Standards (Primary Structures) The maximum impervious surface area allowed in the R-8 zone is 65% of the total lot area. The applicant is requesting 69% impervious surface lot coverage via a combination of new patio pavers and retaining walls. 14. No public or agency comments were received. 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. Comprehensive Plan Compliance: The site is designated Residential Medium Density (MD) on the City’s Comprehensive Plan Map. The purpose of the MD designation is to allow a variety of single -family and multi-family development types, with continuity created through the application of design guidelines , the organization of roadways, sidewalks, public spaces, and the placement of community gathering places and civic amenities. The proposal is compliant with the following Comprehensive Plan Goals and Policies if all conditions of approval are met: Compliance Comprehensive Plan Analysis ✓ Goal L-U: Preserve, protect, and enhance the quality and functions of the City’s sensitive areas including: lakes, rivers, major and minor creeks, intermittent stream courses and their floodplains, wetlands, ground water resources, wildlife habitats, and areas of seismic and geological hazards. ✓ Policy L-28: Minimize erosion and sedimentation in and near sensitive areas by requiring appropriate construction techniques and resource practices, such as low impact development. ✓ Policy L-36: Land uses in areas subject to flooding, seismic, geologic, and coal mine hazards should be designed to prevent property damage and environmental degradation before, during, and after construction. 17. Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas Regulations (RMC 4-3-050). The proposal is consistent with the Critical Areas Regulations, if all conditions of approval are complied with: Compliance Critical Areas Analysis Compliant if condition of approval is met Geologically Hazardous Areas: Based upon the results of a geotechnical report and/or independent review, conditions of approval for developments may include buffers and/or setbacks from buffers. A standard 15-foot building setback is required for all structures from Protected Slope areas. Staff Comment: The site is mapped with Moderate Landslide Hazards, High Erosion Hazards, and Regulated Slopes (>25% & <=40%). A geotechnical report prepared by Associated Earth Sciences Incorporated (AESI) dated December 1, 2020 (Exhibit 4) was submitted with the variance application. The report references safe removal methods DocuSign Envelope ID: 39AA7884-9374-44CF-BC0D-81C1EAEEE31F City of Renton Department of Community & Economic Development Hirani Residence Retaining Wall Administrative Report & Decision LUA22-000059 VAR-A Report of June June 7, 2022 Page 5 of 9 D_Hirani Retaining Wall Variance_v2 for the unpermitted retaining walls and analyzes the soils present on site. The report concludes that the proposal to terrace the rear yard of the property into a network of tiered retaining walls consisting of landing areas and patio pavers would be feasible from a geotechnical standpoint. The newly proposed retaining walls are recommended to be constructed with segmental block gravity walls that can be constructed using the existing PisaLite blocks and no-fines concrete (NFC) backfill provided that the PisaLite blocks are not damaged. To ensure adequate safety from seismic hazards, the geotechnical engineer recommends overexcavating the loose soils below the bottom of the lower wall tier and replacing them with controlled density fill (CDF) (Exhibit 4). This would result in the excavation of 54 cubic yards (CY) of soil, wall backfill reusing 12 CY of site soils, introducing 25 CY of controlled density fill for the structural keyway below the lower wall, and 20 CY of no-fines concrete backfill for the upper and lower walls. Staff recommends as a condition of approval that the applicant shall submit an updated set of plans with the retaining wall building permit application that demonstrate compliance with all recommendations of the geotechnical report (Exhibit 4) and any future report addenda, as well as the recommendations set forth on the site plan with staff analysis (Exhibit 6). Compliant pending review of Fill Source Statement Wellhead Protection Areas: The site is mapped with Wellhead Protection Areas (Zone 2, Wellfield 5A). Staff Comment: Per RMC 4-3-050 G.2 there is no structure setback or critical area buffer width for Wellhead Protection Areas. A fill source statement would be required at the time of building permit application if more than 100 cubic yards of imported fill is brought to the site. 18. Variance Analysis: The applicant is requesting approval of an administrative Variance to develop their rear yard with hardscaping and retaining walls that exceed the 65% impervious surface coverage maximum that applies to lots in the R-8 zone as per RMC4-2-110A. As shown on the staff analysis site plan (Exhibit 6), the applicant proposes impervious coverage of 69 percent on the subject site. The proposal is compliant with the following variance criteria, pursuant to RMC 4 -9-250.B.6. Therefore, staff recommends approval 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 parcel totals 9,294 square feet in area, of which 1,682 square feet includes a paved section with an asphalt driveway that has a detention/wet- vault access easement and is also the shared access point for both the subject property and the neighboring home at 2704 Williams Ave N (Exhibit 7). The applicant contends that this driveway area significantly increases the impervious surface lot coverage for the owners, but the land itself is utilized by another par cel that does not share the same burden of adding the driveway coverage to their impervious surface calculations (Exhibit 8). DocuSign Envelope ID: 39AA7884-9374-44CF-BC0D-81C1EAEEE31F City of Renton Department of Community & Economic Development Hirani Residence Retaining Wall Administrative Report & Decision LUA22-000059 VAR-A Report of June June 7, 2022 Page 6 of 9 D_Hirani Retaining Wall Variance_v2 Staff concurs with the justification that the portion of land is being shared by other properties that are not sharing the burden of impervious coverage and believes that the shared detention/wet-vault access easement causes this area to be un developable by the subject property owners. The unnecessary hardship caused by having this shared driveway included within the subject parcel’s boundaries is resulting in a practical difficulty for the subject property owner to have the same abilities of developing their property as other property owners in the vicinity and in the same zoning classification. 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 proposed project includes the construction of retaining walls in the rear yard and installation of pavers and artificial turf that does not utilize an underdrain (Exhibit 9). The improvements would be primarily behind the existing residence and generally not visible to the public. According to the applicant who is a licensed geotechnical engineer, the planned improvements would reduce the potential for erosion and improve site stability (Exhibit 8). According to staff analysis, the drainage rates for the proposed artificial turf product are equivalent to a natural turf and would not cause an increase in storm water runoff. Staff concurs that granting the variance request would not be materially detrimental to the public or injurious to the properties in the vicinity and would instead improve the safety and stability of the site. According to staff analysis of aerial imagery publicly available on the City’s mapping system, COR Maps, the existing rear yard of the subject property has not been planted with groundcover for several years there are no trees present on the site as noted in FOF 10. The granting of this variance would result in bringing the subject property closer towards visual compatibility with the existing properties in the vicinity by allowing the property owner to modify their rear yard and create level terraced tiers with artificial turf that would not become an overgrown visual nuisance to due to practical difficulties that are presented when maintaining natural turf on a steep slope or terraced tiers. The proposal would bring the parcel into closer conformance with the requirements of the Clover Creek HOA, however, due to the lack of trees on site the proposed landscaping would not comply with the City of Renton’s minimum tree density requirements as found in RMC4-4-130 C.9. To bring the property into conformance with City landscaping requirements, staff recommends as a condition of approval that the applicant must plant three (3) new trees to meet minimum tree density for the portion of the lot that is not encumbered by the storm easement and shared private access easement. (9,294 sq ft of total lot area -1,682 sq ft of easement = 7,612 sq ft. of useable area. Minimum tree density requires two (2) trees for every 5,000 sq ft, therefore, two (2 trees) x 7,612/5,000 = 3.04 trees.) ✓ 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 planned improvements are associated with landscaping the rear and side yards with a combination of artificial turf and hardscapes. The applicant states that the proposal would allow the subject property to move toward conformance with the landscaping and maintenance requirements as set forth by the Clover Creek Homeowners Association. The landscaping proposed would be consistent with other properties in the vicinity. DocuSign Envelope ID: 39AA7884-9374-44CF-BC0D-81C1EAEEE31F City of Renton Department of Community & Economic Development Hirani Residence Retaining Wall Administrative Report & Decision LUA22-000059 VAR-A Report of June June 7, 2022 Page 7 of 9 D_Hirani Retaining Wall Variance_v2 Staff analysis of the requested variance shows that if the subject property was not hosting the detention/wet vault easement and shared access easement, the proposal would comply with standard development regulations. The total lot area of the subject parcel is 9,293 square feet. According to staff analysis (Exhibit 6) the shared access easement and wet vault easement is approximately 2,3 44 square feet, with submitted materials showing of 1,682 square feet of driveway pavement and the remaining mulched area noted as a planting area. If the shared easement area is subtracted from the subject parcel’s total square footage, the applicant would have a “developable” lot area of 6,949 square feet. The proposed improvements would result in an impervious surface coverage of approximately 4,549 square feet, or approximately 65% which complies with the current maximum impervious surface coverage allowance for the R-8 zone as stated in RMC 4-2-110A. Therefore, staff concurs that granting of the variance would not constitute a grant of a special privilege inconsistent with the limitation upon other properties in the vicinity and zone of the subject property. ✓ d. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: The proposed improvements are considered by the applicant to be the minimum required to accomplish the intended purpose of creating low maintenance landscaping on a steeply sloping area. By utilizing artificial turf and creating several terraced retaining walls, the applicant intends to reduce erosion of exposed soils in sloping areas and eliminate the need for difficult landscape maintenance along several grade changes to meet the upkeep requirements of the Neighborhood Association. The applicant contends that the proposed improvements would not require a variance if it were not for the fact that the property is burdened with the impervious surface area associated with the asphalt paved driveway that serves the subject parcel and the residence to the south. Staff concurs with the applicant that the requested variance is the minimum necessary to accomplish the desired purpose. Staff notes that the detention/wet vault access easement present on the driveway benefits all of the properties in the Clover Creek plat, however, results in a burden on the applicant by creating an undevelopable portion of a privately owned parcel that is for the benefit of the community and listed to be maintained by the Clover Creek Homeowners Association (Exhibit 7). 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 applicant is requesting approval of an impervious surface coverage variance from RMC4 -2-110A to exceed the maximum impervious surface coverage allowed in the R-8 zone. 3. The subject site is at 2708 Williams Ave N located in the Residential-8 (R-8) zoning designation and complies with the zoning and development standards established with this designa tion provided the variance request is granted, see FOF 14 and FOF 18. 4. The proposed Hirani Residence Retaining Wall variance application complies with the Critical Areas Regulations provided the applicant complies with City Code and conditions of approval, see FOF 17. DocuSign Envelope ID: 39AA7884-9374-44CF-BC0D-81C1EAEEE31F City of Renton Department of Community & Economic Development Hirani Residence Retaining Wall Administrative Report & Decision LUA22-000059 VAR-A Report of June June 7, 2022 Page 8 of 9 D_Hirani Retaining Wall Variance_v2 5. 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 18. H. DECISION: The Hirani Residence Retaining Wall, File No. LUA22-000059 VAR-A, as depicted in Exhibit 2, is approved and is subject to the following conditions: 1. The applicant shall submit an updated set of plans with the retaining wall building permit application , for review and approval by the Current Planning Project Manager, that demonstrate compliance with all recommendations of the geotechnical report (Exhibit 4) and any future report addenda, as well as the recommendations set forth on the site plan with staff analysis (Exhibit 6). 2. The applicant shall submit a landcape plan showing three (3) new significant trees on the subject parcel for review and approval by the Current Planning Project Manager at the time of building permit application. The new trees shall be at least two-inch (2”) caliper at the time of installation. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Vanessa Dolbee, Planning Director Date TRANSMITTED on June 7, 2022 to the Owner/Applicant/Contact: Owner/Applicant: Contact: Ashifa Nurani and Shezan Hirani 2708 Williams Ave N Renton, WA 98056 Stephen Seibert, AESI Geo 911 5th Ave Kirkalnd WA 98033 TRANSMITTED on June 7, 2022 to the Parties of Record: Brent Beden, Clover Creek Homeowners Association 1125 N 27th Pl Renton, WA 98056 Brian Williams 1023 N 27th Pl Renton WA 98056 TRANSMITTED on June 7, 2022 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Director Amanda Askren, Property Services, Acting Economic Development Director Matt Herrera, Current Planning Manager Anjela Barton, Fire Marshal DocuSign Envelope ID: 39AA7884-9374-44CF-BC0D-81C1EAEEE31F 6/7/2022 | 3:57 PM PDT City of Renton Department of Community & Economic Development Hirani Residence Retaining Wall Administrative Report & Decision LUA22-000059 VAR-A Report of June June 7, 2022 Page 9 of 9 D_Hirani Retaining Wall Variance_v2 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 June 21, 2022. 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 20-28.14 (and as amended), 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 Monday through Friday. 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 f inds 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: 39AA7884-9374-44CF-BC0D-81C1EAEEE31F CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Hirani Residence Retaining Wall Land Use File Number: LUA22-000059 VAR-A Date of Report June 7, 2022 Staff Contact Brittany Gillia Associate Planner Project Contact/Applicant Stephen Siebert, P.E. Associated Earth Sciences Incorporated 911 5th Ave, Kirkland WA 98033 Project Location 2708 Williams Ave N The following exhibits are included with the Administrative report: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Warning of Violation Exhibit 4: Geotechnical Report prepared by Associated Earth Sciences Incorporated, dated December 1, 2020 Exhibit 5: Project Narrative Exhibit 6: Site Plan with Staff Analysis Exhibit 7: Clover Creek Plat Map Exhibit 8: Variance Justification Exhibit 9: Artificial Turf Product Specifications DocuSign Envelope ID: 39AA7884-9374-44CF-BC0D-81C1EAEEE31F