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HomeMy WebLinkAboutD_Karen_Lang_Deck_V-A_RUV_ERC_v2DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_Karen Lang Deck V-A RUV ERC_v2 A.ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: March 2, 2023 Project File Number: PR21-000462 Project Name: Lang Back Yard Deck Variances Land Use File Number: LUA22-000145, V-A, RUV, ERC Project Manager: Brittany Gillia, Associate Planner Owner/Applicant/Contact: Karen Lang Crane, 212 S 20th Pl, Renton, WA 98055 Project Location: 212 S 20th Pl Project Summary: The applicant is requesting a Reasonable Use Variance and a Variance from setback regulations in order to retroactively permit a 405-sq. ft. deck addition with an attached 135-sq. ft. aluminum drainage grate on the rear of an existing single-family home at 212 S 20th Pl (APN 8860500070) as documented in Warning of Violation (WOV): CODE20-000309 (Exhibit 2). The existing two-story home is approximately 1,910 sq. ft. in size and was constructed in 2000. The site is located in the R-6 zoning district and Residential Medium Density Comprehensive Plan Designation. The entire parcel is mapped with High Erosion Hazards and High Landslide Hazards and there is a protected slope on the north edge of the site that begins at the toe of an ecology block wall and extends approximately 18 feet to the north and descends approximately 20 feet downward. On the opposite edge of the same ecology block retaining wall a sensitive slope extends under the deck with a vertical rise of approximately 7 to 9 feet. A small area on the south end of the subject property is mapped with Moderate Coalmine Hazards. The applicant is requesting a Reasonable Use Variance from the 15-foot structure setback from protected slopes required by RMC 4-3-050 G.2 in order to allow the proposed deck to remain as constructed as close as 3’8” and as far as 5’9” from the top of the slope. The applicant is also requesting an Administrative Variance from development regulations to vary from the side yard setbacks which require a combined 15 feet with not less than 5 feet on either side and rear yard setback of 25 feet to allow the deck to remain as constructed and extend to both side yard property lines and within 7.5 feet of the rear yard property line. No trees or vegetation would be removed as a part of the project. The applicant submitted a geotechnical report and drainage evaluation with the application. Site Area: 0.12 acres DocuSign Envelope ID: 9C0E4263-C65A-456E-84CE-2F358B41AAF4 City of Renton Department of Community & Economic Development Lang Back Yard Deck Variances Administrative Report & Decision LUA22-000145, V-A, RUV, ERC Report of March 2, 2023 Page 2 of 11 D_Karen Lang Deck V-A RUV ERC_v2 B.EXHIBITS: Exhibits 1-8: ERC Report and Exhibits (dated February 6, 2023) Exhibit 9: Photos of Rear Yard Exhibit 10: Variances Justification C.GENERAL INFORMATION: 1.Owner(s) of Record:Karen Lang Crane, 212 S 20th Pl, Renton, WA 98055 2.Zoning Classification:Residential-6 (R-6) 3.Comprehensive Plan Land Use Designation:Residential Medium Density (MD) 4.Existing Site Use:Single-family Residential 5.Critical Areas:Regulated slopes (<=90%), High Erosion Hazards, High Landslide Hazards, Moderate Coalmine Hazards 6.Neighborhood Characteristics: a.North:Single-family Residential, Residential-6 (R-6) Zone b.East:Single-family Residential, Residential-6 (R-6) Zone c.South:S 20th Pl, Single-family Residential, Residential-6 (R-6) Zone d.West:Single-family Residential, Residential-6 (R-6) Zone 7.Site Area: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 1547 06/07/1956 Warning of Violation CODE20-000309 N/A 06/22/2020 Project Location Map DocuSign Envelope ID: 9C0E4263-C65A-456E-84CE-2F358B41AAF4 City of Renton Department of Community & Economic Development Lang Back Yard Deck Variances Administrative Report & Decision LUA22-000145, V-A, RUV, ERC Report of March 2, 2023 Page 3 of 11 D_Karen Lang Deck V-A RUV ERC_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 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 Variances, Waiver, 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 July 21, 2022 and determined the application complete on July 21, 2022. The application was placed the application on-hold on August 12, 2022 to request additional information and took the project off-hold on December 30, 2022 after receiving updated submittal materials regarding geotechnical analysis. The project complies with the 120-day review period. 2.The applicant is requesting the administrative variance and reasonable use variance as a response to code violation (CODE20-000309) that was opened on June 22, 2020 (Exhibit 2). 3.The applicant’s submittal materials comply with the requirements necessary to process the administrative variance requests (Exhibits 1-10). 4.The project site is located at 212 S 20th Pl. 5.The project site is currently developed with a two-story single-family home. 6.Access to the site would remain via an existing driveway off of S 20th Pl. 7.The property is located within the Residential Medium Density (MD) Comprehensive Plan land use designation. 8.The site is located within the Residential-6 (R-6) zoning classification. 9.There is approximately one (1) tree located on-site, of which the applicant is proposing to retain a total of one (1) tree. 10.The site is mapped with Regulated slopes (<=90%), High Erosion Hazards, High Landslide Hazards and Moderate Coalmine Hazards. 11.The applicant is requesting retroactive permit approval and no new construction is proposed as part of this project. 12.Staff received one (1) agency comment letter (Exhibit 7). To address agency comments the ERC report (Exhibit 1) states that no new construction is proposed and therefore an IDP would not be necessary. 13.Staff received one (1) public comment letter (Exhibit 8). To address public comments the ERC report (Exhibit 1) contains analysis related to geotechnical stability of the site and improvements associated with the proposal. DocuSign Envelope ID: 9C0E4263-C65A-456E-84CE-2F358B41AAF4 City of Renton Department of Community & Economic Development Lang Back Yard Deck Variances Administrative Report & Decision LUA22-000145, V-A, RUV, ERC Report of March 2, 2023 Page 4 of 11 D_Karen Lang Deck V-A RUV ERC_v2 14.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. 15.Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on February 6, 2023 the Environmental Review Committee issued a Determination of Non-Significance (DNS) for the Lang Back Yard Deck Variances project (Exhibit 1). A 14-day appeal period commenced on February 6, 2023 and ended on February 20, 2023. No appeals of the threshold determination were filed. 16.The following variance to regulations have been requested by the applicant: RMC Code Citation Required Standard Requested Variance RMC 4-3-050.G Critical Area Buffers and Strucure Setbacks from Buffers 0-foot buffer and 15 foot setback from buffer from the top of Protected Slopes Requesting reasonable use variance to allow for an approximately 10-12-foot encroachment into the required slope setback RMC 4-2-110A Development Standards for Residential Zoning Deignations (Primary Structures) 25-foot minimum rear yard setback, and a combined 15-foot side yard setback with not less than 5-feet on either side Requesting a variance for the deck to encroach 17.5-feet into the rear yard setback and to encroach into the side yard setbacks up to the lot line 17.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 ✓ 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. ✓ Policy L-55: Preserve natural landforms, vegetation, distinctive stands of trees, natural slopes, and scenic areas that contribute to the City’s identity, preserve property values, and visually define the community and neighborhoods. 18.Zoning Development Standard Compliance: The site is classified Residential-6 (R-6) on the City’s Zoning Map. Development in the R-6 zone is intended to be single-family residential at moderate density. The proposal is compliant with the following development standards, as outlined in RMC 4-2-110.A, if all conditions of approval are met: Compliance R-6 Zone Develop Standards and Analysis Applicant has requested variance approval Setbacks: The required setbacks in the R-6 zone are as follows: front yard is 25 feet, side yard is combined 15 feet with not less than 5 feet on either side and the rear yard is 25 feet. Uncovered steps and decks not exceeding eighteen inches (18") above the finished grade may project to any property line. Staff Comment: The subject deck is proposed to remain as constructed and extend to DocuSign Envelope ID: 9C0E4263-C65A-456E-84CE-2F358B41AAF4 City of Renton Department of Community & Economic Development Lang Back Yard Deck Variances Administrative Report & Decision LUA22-000145, V-A, RUV, ERC Report of March 2, 2023 Page 5 of 11 D_Karen Lang Deck V-A RUV ERC_v2 both side yard property lines and within 7.5 feet of the rear yard property line. Due to the slope present on the site, the deck exceeds 18” in height above the finished grade and is not considered an “allowed projection into setbacks” per RMC 4-2-110 E.4. The applicant has requested a variance to the setback requirements to allow the deck to encroach into the side and rear yard setbacks, see FOF 22 for analysis. ✓ Building Standards: The R-6 zone has a maximum building coverage of 40% and a maximum impervious surface coverage of 55%. In the R-6 zone, a maximum building height of 2 stories with a wall plate height of 24 feet is permitted. Roofs with a pitch equal to or greater than 4:12 may project an additional six (6) vertical feet from the maximum wall plate height. If the height of wall plates on a building are less than the states maximum the roof may project higher to account for the difference, yet the combined height of both features shall not exceed the combined maximums. Common rooftop features, such as chimneys, may project an additional four (4) vertical feet from the roof surface. Non-exempt vertical projections (e.g., roofs pitched less than 4:12, decks, railings, etc.) may extend up to six (6) vertical feet above the maximum wall plate height if the projection is stepped back one-and-a-half (1.5) horizontal feet from each minimum building setback line for each one (1) vertical foot above the maximum wall plate height. Wall plates supporting a primary roof surface that has only one (1) sloping plane (e.g., shed roof) may exceed the stated maximum if the average of wall plate heights is equal or less than the maximum wall plate height allowed. Staff Comment: The uncovered deck is comprised of 405 sq ft of new impervious coverage and 135 sq ft of new aluminum drainage grating that allows water to freely pass through (Exhibit 3). According to the submittal, the addition of 405 sq ft of impervious coverage brings the lot to 2,755 sq ft, or 54.9%, which is in compliance with current code. No change to height or building coverage is proposed. 19.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 upon Reasonable Use Variance approval 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 project site is mapped with Regulated slopes (<=90%), High Erosion Hazards and High Landslide Hazards along the north edge of the parcel and Moderate Coalmine Hazards are mapped on the south tip of the parcel. The applicant is requesting a Reasonable Use Variance from the 15-foot structure setback from protected slopes required by RMC 4-3-050 G.2 in order to allow the proposed deck to remain as constructed as close as 3’8” and as far as 5’9” from the top of the slope, see FOF 21 for analysis. According to the geotechnical report, the highest elevation and lowest elevations at the site are approximately 188 feet at the south property line, and 164 feet at the north property line, respectively. The gentle to moderate slope at the site is separate d from the steeply sloping area by an approximately 4-foot tall ecology block wall that rests DocuSign Envelope ID: 9C0E4263-C65A-456E-84CE-2F358B41AAF4 City of Renton Department of Community & Economic Development Lang Back Yard Deck Variances Administrative Report & Decision LUA22-000145, V-A, RUV, ERC Report of March 2, 2023 Page 6 of 11 D_Karen Lang Deck V-A RUV ERC_v2 along the crest of the steep slope. The site and adjacent vicinity is underlain by shallow bedrock known as the Renton Formation which is composed of arkosic sand stone, mudstone, and shale. Two (2) hand borings were completed at the site and dense to very dense soils were found approximately 2-7 feet below ground surface. The project engineer states that their findings on site are consistent with the local geograph ic mapping (Renton Formation). The top of the protected slope begins at the base of an ecoblock retaining wall and extends north 18’ over the property line and descends 20’ down, ending in the neighboring property. The current home and existing deck were constructed in 2000 and are located at least 15 feet away from the top of the protected slope. The new deck development extends to both side lot lines and is within 7.5 feet of the rear yard property line. In accordance with the procedures described in the 2018 International Building Code (IBC), the project engineers conclude that the subject site should be classified as Site Class C (Very Dense Soil & Soft Rock). A factor of safety (FS) value indicates the safety against slope failure. An FS value slightly above 1.0 indicates a slope with minimal stability, and the project engineer states than an FS value of at least 1.5 indicates a sufficiently stable condition for the slope under permanent static conditio ns and an FS value of at least 1.2 is considered sufficiently stable for a short-term dynamic condition such as seismic activity. The factor of safety (FS) was calculated for the site without the deck loads (2.63 static, 1.84 seismic) and with deck loads (2.39 static, 1.75 seismic) and in both instances demonstrate FS values that meet the minimum criteria for acceptable slope stability. Geo Group Northwest states the existing vegetation and dense to very dense soil and shallow bedrock conditions present at the hazard area to be mitigating factors regarding slope stability and potential landsliding of the hazard area at the site. A public comment (Exhibit 8) was received regarding concerns of the slope stability due to the additional load caused by the proposed development. Slope stability analysis from Geo Group Northwest provide factors of safety greater than 2.39 for rotational landsliding in static conditions and greater than 1.74 in seismic conditions. Due to these findings, the project engineers state that the mapped landslide hazard area and sensitive and protected slopes are stable at this time and the risk of impacting the geotechnical hazards with construction of the proposed deck is negligible. 20.Reasonable Use Variance Analysis: The applicant is requesting a reasonable use variance to retain an unpermitted deck that was constructed within a protected slope setback area. The proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250.B.7. Therefore, staff recommends approval of the requested variance. Compliance Variance Criteria and Analysis a.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 situa ted. The proposed deck is located in the rear yard of the property and was constructed as close to ground level as possible. According to geotechnical analysis as seen in FOF 20, the mapped landslide hazard area and sensitive and protected slopes are stable at this time and the risk of impacting the geotechnical hazards with construction of the proposed DocuSign Envelope ID: 9C0E4263-C65A-456E-84CE-2F358B41AAF4 City of Renton Department of Community & Economic Development Lang Back Yard Deck Variances Administrative Report & Decision LUA22-000145, V-A, RUV, ERC Report of March 2, 2023 Page 7 of 11 D_Karen Lang Deck V-A RUV ERC_v2 deck is negligible. A public comment regarding slope stability was received (Exhibit 8) and addressed in the ERC Report (Exhibit 1). Staff has reviewed the applicant’s justification and concurs with the reasoning provided. Staff finds that the proposed deck 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 scope and use of the deck as well as the geotechnical analysis submitted with the project. ✓ b.There is no reasonable use of the property left if the requested variance is not granted. Staff Comment: The applicant states that if the variance request is not granted the rear yard portion of the property would be unusable. The current rear yard area is sloped steeply and poses a threat of harm for users. The applicant has personally suffered a serious fall and sustained a concussion while in the rear yard in its original state prior to the unpermitted construction of the proposed deck. Submitted photos of the rear yard (Exhibit 9) demonstrate that the steep slope present in the yard area above the retaining wall is unevenly graded and that there is no safe or practical use of the space. The subject property has minimal side yard setbacks and two (2) unfenced lawn areas on either side of the driveway that are shared with the neighboring parcels. Staff has reviewed the applicant’s justifications and concurs that there is no reasonable use of the property left if the requested variance is not granted. W ithout the use of the rear yard, this property does not appear to have any usable private outdoor space for recreation. ✓ c.The variance granted is the minimum amount necessary to accommodate the proposal objectives. Staff Comment: According to the applicant, the variance would allow for the rear yard to become functional space that can be used for enjoyment and the encroachment of the deck into the protected slope setback is the minimum required to have a usable rear yard (Exhibit 10). The proposed deck would extend away from the home by 12 feet (nine feet (9’) of deck area and three feet (3’) of drainage grating) and sit as close as 3’8” and as far as 5’9” from the curved top of the slope. The distance between the home and retaining wall ranges from 15’8” and 17’9”, which means that only eight inches (8”) to two feet and nine inches (2’9”) would be available for the applicant to construct a deck outside of the setback. Due to the protected slopes and uneven topography, the rear yard of the home is unusable by the applicant. Constructing the deck to be 405 sq ft of usable surface and 135 sq ft of aluminum drainage grating would give the applicant 540 sq ft of area enclosed between the perimeter fencing to be used for enjoyment. According to staff analysis using data available via City of Renton Maps (COR Maps), the surrounding properties in the neighborhood have rear yards ranging from approximately 800 sq ft to approximately 1,300 sq ft and therefore the request by the applicant is smaller in scale when compared to what is currently present in the neighborhood and would be the minimum encroachment into the protected slope necessary to accomplish the desired purpose. d.The need for the variance is not the result of actions of the applicant or property owner. DocuSign Envelope ID: 9C0E4263-C65A-456E-84CE-2F358B41AAF4 City of Renton Department of Community & Economic Development Lang Back Yard Deck Variances Administrative Report & Decision LUA22-000145, V-A, RUV, ERC Report of March 2, 2023 Page 8 of 11 D_Karen Lang Deck V-A RUV ERC_v2 21.Variance Analysis: The applicant is requesting an administrative variance from setback requirements to allow a deck to extend to both side yard property lines and within 7.5 feet of the rear yard property line. Due to the slope present on the site, the deck exceeds 18” in he ight above the finished grade and is not considered an “allowed projection into setbacks” per RMC 4-2-110 E.4. 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 protected slope creates a practical difficulty and hardship for the site to have a functioning rear yard and strict application of the Zoning Code would Staff Comment: The Valley Vue Estates Plat was recorded in 1998 and the subject home was built in the year 2000. According to City records, there have been no actions taken by the current or previous property owners to create or enlarge the slope or to increase the building footprint as to remove possible flat areas of rear yard. ✓ e.The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250.F are followed. Staff Comment: Per WAC 365-195-905, the criteria to determine whether information is considered the “best available science” includes Peer Review, Methods, Logical Conclusions and Reasonable Inferences, Quantitative Analysis, and the Utilization of Context References. The applicant submitted a geotechnical report prepared by GEO Group Northwest (Exhibit 4) that shows an in-depth analysis of the slope stability and the soil composition of the slope. GEO Group Northwest Inc is a geotechnical engineering firm based in Bellevue Washington and the Principal of the firm, William Chang, P.E., has over 40 years of experience in geology and geotechnical engineering. According to their website, they are licensed in Oregon, Washington and Californ ia and provide services to several Cities, Towns and Surrounding Regions of Washington state. The scope of service noted in the report includes review of the area geologic map, assessment of subsurface soil and groundwater conditions, assessment of geologically hazardous areas present at the site, quantitative slope stability analysis, and preparation of the submitted report to document the findings, conclusions and recommendations of GEO Group Northwest. The report included adequate analysis of the conditions and utilized seismic design parameters in accordance with the procedures described in the 2018 International Building Code (IBC), slope stability analysis using the program Slide 7.0 published by Roscience, Inc, and erosion ratings as according to the USDA NRCS Soil Map. The consultant utilized a site visit and industry -standard geotechnical references when making the determination that the project would not negatively impact the geological hazards present on site. Therefore, the proposed variance is based on consideration of the best available science as described in WAC 365-195-905. DocuSign Envelope ID: 9C0E4263-C65A-456E-84CE-2F358B41AAF4 City of Renton Department of Community & Economic Development Lang Back Yard Deck Variances Administrative Report & Decision LUA22-000145, V-A, RUV, ERC Report of March 2, 2023 Page 9 of 11 D_Karen Lang Deck V-A RUV ERC_v2 deprive the subject property owner of rights and privileges enjoyed by oth er property owners in the vicinity and R-6 zone. The rear yard is encumbered with slopes and the uneven topography poses difficulty for those who use the space. See discussion in FOF 21, criterion ‘b’ ✓ 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: See discussion in FOF 21, criterion ‘a’. ✓ 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: According to staff analysis using data available via City of Renton Maps (COR Maps), the surrounding properties in the neighborhood have rear yards ranging from approximately 800 sq ft to approximately 1,300 sq ft. Constructing the deck to be 405 sq ft of usable surface and 135 sq ft of aluminum drainage grating would give t he applicant 540 sq ft of area enclosed between the perimeter fencing to be used for enjoyment and would not exceed what is the current norm of the neighborhood. If the subject property was not encumbered by critical areas the proposed deck would be considered an allowed projection into setbacks and would not require a variance to setback regulations. Granting the variance would allow the property owner to utilize the rear yard space for private enjoyment and to enjoy their property with the same rights and privileges of other homeowners in the neighborhood and R-6 zone. Therefore, granting the request by the applicant would not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and R -6 zone. ✓ d.That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: See discussion in FOF 21, criterion ‘c’. 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 17. 2.The subject site is loca ted in the Residential-6 (R-6) zoning designation. 3.The proposed reasonable use variance meets the five (5) criteria to be considered in making a decision on a reasonable variance request as specified in RMC 4-9-250.B.7. The analysis of the proposal according to reasonable use variance criteria is found in the body of the Staff Report, see FOF 20. 4.The requested administrative 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.6. The analysis of the proposal according to variance criteria is found in the body of the Staff Report, see FOF 21. 5.Key features which are integral to this project include storm water drainage design that reduce potential soil erosion impacts to the geotechnical critical areas. DocuSign Envelope ID: 9C0E4263-C65A-456E-84CE-2F358B41AAF4 City of Renton Department of Community & Economic Development Lang Back Yard Deck Variances Administrative Report & Decision LUA22-000145, V-A, RUV, ERC Report of March 2, 2023 Page 10 of 11 D_Karen Lang Deck V-A RUV ERC_v2 H.DECISION: The Lang Back Yard Deck Variances File No. LUA22-000145, V-A, RUV, ERC, as depicted in Exhibit 3, is approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Vanessa Dolbee Planning Director Date TRANSMITTED on March 2, 2023 to the Owner/Applicant/Contact: Owner/Applicant/Contact: Karen Lang Crane 212 S 20th Pl, Renton, WA 98055 TRANSMITTED on March 2, 2023 to the Parties of Record: Mary Hobson 206 S 20th Pl, Renton, WA 98055 Mhobson206@gmail.com Duwamish Tribe 4705 West Marginal Way SW Seattle, WA 98106 TRANSMITTED on March 2, 2023 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Director Gina Estep, Economic Development Director Matt Herrera, Current Planning Manager Anjela Barton, Fire Marshal Nathan Janders, Development Engineering Manager 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 March 16, 2023. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). 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. The appeal submitted in person may be paid on the first floor in our Finance Department. 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. DocuSign Envelope ID: 9C0E4263-C65A-456E-84CE-2F358B41AAF4 3/2/2023 | 3:02 PM PST City of Renton Department of Community & Economic Development Lang Back Yard Deck Variances Administrative Report & Decision LUA22-000145, V-A, RUV, ERC Report of March 2, 2023 Page 11 of 11 D_Karen Lang Deck V-A RUV ERC_v2 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 misrepresenta tion 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: 9C0E4263-C65A-456E-84CE-2F358B41AAF4 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Lang Back Yard Deck Variances Land Use File Number: LUA22-000145, V-A, RUV, ERC Date of Report March 2, 2023 Staff Contact Brittany Gillia Associate Planner Project Contact/Applicant Karen Lang 212 S 20th Pl Renton WA 98055 Project Location 212 S 20th Pl Renton, WA 98055 The following exhibits are included with the Administrative report: Exhibits 1-8: ERC Report and Exhibits (dated February 6, 2023) Exhibit 9: Photos of Rear Yard Exhibit 10: Variances Justification DocuSign Envelope ID: 9C0E4263-C65A-456E-84CE-2F358B41AAF4