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Home My WebLink AboutD-LUA23-000279_FINDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D-LUA23-000279_FIN A. ADMINISTRATIVE MODIFICATION REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: August 23, 2023 Project File Number: PR22-000111 Project Name: 1002 N 31st Driveway Modification Land Use File Number: LUA23-000279, MOD Project Manager: Andrew Van Gordon, Associate Planner Owner: Samshar Management & Shiras Ventures, 14208 4th Ave S, Burien, WA 98168 Contact/Applicant: Kevin Singh, Signature General Construction Inc, 1302 N 30th St, Renton, WA 98056 Project Location: 1002 N 31st St (APN 3342101725) Project Summary: The applicant is requesting a modification related to a proposed detached dwelling located at 1002 N 31st St (APN 3342101725). The applicant is requesting a modification to the development regulations related to residential parking location requirements for the Residential – 8 (R-8) zone (RMC 4-4-080F7b). The applicant has requested to access the site from N 31st St, rather than from the abutting unimproved alley, and to have a front-loaded garage instead of a garage located at the rear or side of the dwelling. The subject property is 5,100 square feet and is located within the R-8 zoning classification and Residential Medium Density Comprehensive Plan land use designation. Per COR Maps the property is within Wellhead Protection Area Zone 2. Site Area: 0.11 acre (5,100 square feet) DocuSign Envelope ID: 52B9E138-A38C-4AF2-854E-ADE562F5A025 City of Renton Department of Community & Economic Development 1002 N 31st Driveway Modification Administrative Modification Report & Decision LUA23-000279, MOD Report of August 23, 2023 D-LUA23-000279_FIN B. EXHIBITS: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Justification Exhibit 3: Site Plan C. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on August 15, 2023 and determined the application complete on August 22, 2023. The project complies with the 120-day review period. 2. The applicant’s submittal materials comply with the requirements necessary to process the modification request. 3. The project site is located at 1002 N 31st St (APN 3342101725). 4. The project site is currently vacant. 5. Access to the site would be provided via a residential driveway from N 31st St. 6. The property is located within the Residential Medium Density (RMD) Comprehensive Plan land use designation. 7. The site is located within the Residential – 8 (R-8) zoning classification. 8. There are zero (0) trees located on-site. 9. The site is mapped within Wellhead Protection Area Zone 2. 10. The applicant is proposing to begin construction following land use and building permit approval. 11. Modification Analysis: The applicant is proposing to construct a detached dwelling. Requirements in RMC 4-4-080, Parking, Loading and Driveway Regulations are triggered when construction of a new building or structure is proposed. The applicant is requesting a modification from RMC 4-4-080F7b to access the site from N 31st St and to have a front-loaded garage as an alternative to gaining access from the existing unimproved alley abutting the northern property line. The code citation from above states, “For lots abutting an alley, all parking areas and/or attached or detached garages shall not occur in front of the building and/or in the area between the front lot line and the front building line; parking areas and garages must occur at the rear or side of the building, and vehicular access shall be taken from the alley. See RMC 4-2-115, Residential Design and Open Space Standards.” The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250, if all conditions of approval are met. Therefore, staff is recommending approval of the requested modification. Compliance Modification Criteria and Analysis ✓ a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives. Staff Comment: The applicant contends that the proposal is the minimum adjustment necessary (Exhibit 2) as there is no practical way to construct access from the alley. DocuSign Envelope ID: 52B9E138-A38C-4AF2-854E-ADE562F5A025 City of Renton Department of Community & Economic Development 1002 N 31st Driveway Modification Administrative Modification Report & Decision LUA23-000279, MOD Report of August 23, 2023 D-LUA23-000279_FIN Staff concurs that the proposed modification implements the policy direction of the Comprehensive Plan and is the minimum adjustment necessary. In order to gain access from the alley, the applicant would need to develop approximately, per COR Maps, 250 lineal feet of the alley right-of-way (ROW) which is currently unopened and unimproved. Properties on both sides of the ROW in this section have over time encroached into the ROW with residential structures and landscaping requiring the applic ant to coordinate with eight (8) different property owners to develop the alley. Additionally, neighboring property owners have initiated the process to request vacation of the entirety of the alley ROW. As an alternative to improving the alley to gain vehicle access, the applicant is proposing access from N 31st St, with a front-loaded garage. Per the site plan the driveway will be constructed to the driveway standards for single family uses as required in RMC 4-4-080I, Driveway Design Standards (Exhibit 3). The modification is consistent with Land Use Element Policies L-47 and L-48, which promote change and infill development in a manned that enhances livability and quality of life. Therefore, staff finds that the modification criteria is being met by the proposed design. ✓ b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment. Staff Comment: The applicant contends that the proposed design will not impact neighboring properties. Staff concurs that the proposed modification would meet the objectives of function and maintainability intended by the code requirements. The access will be constructed to all applicable standards in RMC 4-4-080, Parking, Loading and Driveway Regulations. The front-loaded garage will maintain an appearance consistent with other existing and likely future detached dwelling units (post alley vacation) on the block obtaining access from N 31st St. Further, the front-loaded garage will be required to meet applicable design standards in RMC 4-2-115, Residential Design and Open Space Standards that will limit its visual impact. Therefore, staff finds that the modification criteria is being met by the proposed design. ✓ c. Will not create substantial adverse impacts to other property(ies) in the vicinity. Staff Comment: The applicant contends that the proposed design will not impact neighboring properties, will not disturb them and will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. Staff concurs that the modification will not be injurious to other properti es in the vicinity. The proposed access would require no deviation if the property did not abut an alley, which is currently scheduled for vacation consideration on September 11, 2023. Access from N. 31st St will be required to comply with driveway standards set forth in RMC 4-4-080I and the garage will be required to comply with residential design standards set forth RMC 4-2-115. Therefore, staff finds that the modification criteria is being met by the proposed design. ✓ d. Conforms to the intent and purpose of the Code; and Staff Comment: See comments under criterion ‘b’. ✓ e. Can be shown to be justified and required for the use and situation intended. Staff Comment: See comments under criterion ‘b’. DocuSign Envelope ID: 52B9E138-A38C-4AF2-854E-ADE562F5A025 City of Renton Department of Community & Economic Development 1002 N 31st Driveway Modification Administrative Modification Report & Decision LUA23-000279, MOD Report of August 23, 2023 D-LUA23-000279_FIN E. DECISION: The proposal satisfies five (5) of the five (5) criteria listed in RMC 4-9-250D for approval of modifications. Therefore, the 1002 N 31st Driveway Modification, File No. LUA23-000279, MOD, is approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Matthew Herrera, Acting Planning Director Date TRANSMITTED on August 23, 2023 to the Owner/Applicant/Contact: Owner: Applicant: Contact: Samshar Management LLC & Shiras Ventures, 14208 – 4th Ave S, Burien, WA 98168 Kevin Singh, Signature General Construction Inc, 1302 N 30th St, Renton, WA 98056 Kevin Singh, Signature General Construction Inc, 1302 N 30th St, Renton, WA 98056 TRANSMITTED on August 23, 2023 to the following: Vanessa Dolbee, Interim CED Administrator Brianne Bannwarth, Development Engineering Director Gina Estep, Economic Development Director Nate Janders, Development Engineering Manager Anjela Barton, Fire Marshal K. 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 September 6, 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 Modification 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. DocuSign Envelope ID: 52B9E138-A38C-4AF2-854E-ADE562F5A025 8/23/2023 | 2:15 PM PDT City of Renton Department of Community & Economic Development 1002 N 31st Driveway Modification Administrative Modification Report & Decision LUA23-000279, MOD Report of August 23, 2023 D-LUA23-000279_FIN 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: 52B9E138-A38C-4AF2-854E-ADE562F5A025 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION REPORT & DECISION EXHIBITS Project Name: 1002 N 31st Driveway Modification Land Use File Number: LUA23-000279, MOD Date of Report August 23, 2023 Staff Contact Andrew Van Gordon Associate Planner Project Contact/Applicant Kevin Singh Signature General Construction Inc 1302 N 30th St, Renton, WA 98056 Project Location 1002 N 31st St (APN 3342101725) The following exhibits are included with the Administrative Modification Report: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Justification Exhibit 3: Site Plan DocuSign Envelope ID: 52B9E138-A38C-4AF2-854E-ADE562F5A025