HomeMy WebLinkAboutD_Admin_Decision_Singh_Driveway_Variance_240403_FinalDEPARTMENT OF COMMUNITY
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D_Admin Decision_Singh Driveway Variance_240328_Final
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: April 1, 2024
Project File Number: PR20-000223
Project Name: Kaur-Singh Residence
Land Use File Number: LUA24-000057, V-A
Project Manager: Alex Morganroth, Senior Planner
Owner: Ikman Kaur and Harinderbir Singh, 427 Windsor Way NE, Renton, WA 98056
Applicant/Contact: Kevin Singh / 14208 4th Ave S Burien, WA 98168 / ksingh@signaturegci.com
Project Location: 427 Windsor Way NE (APN 9476200370)
Project Summary: The applicant is requesting an Administrative Variance from the Parking, Loading and
Driveway Regulations - Driveway Grades, to allow the slope of a single-family -
residential driveway to exceed 15%. Specifically, the applicant is requesting to utilize
a driveway slope of approximately 18%. Per RMC 4-4-080I.6, the maximum driveway
slope for single-family or two (2) family uses is 15%. To exceed the 15% maximum, a
variance from the Administrator is required to be obtained. The single-family-home
and driveway construction are complete and as such, double fees have been assessed
for the variance application due to the applicant's failure to submit the variance
request prior to the start of building construction. The completed single-family-home
served by the driveway is located at 427 Windsor Way NE (APN 9476200370). The
property is 6,500 square feet (0.15 acres) in size and is located in the Residential-8
(R-8) dwelling units per net acre zone. The property has a Comprehensive Plan Land
Use Designation of Residential Medium Density (MD). According to COR Maps,
critical areas present on the site include a high erosion hazard and a high landslide
hazard. No additional trees or vegetation is proposed for removal as a part of the
variance request.
Site Area: 0.15 acres
DocuSign Envelope ID: 34771AF3-A6C0-4B00-8098-FE50BF14E8A8
City of Renton Department of Community & Economic Development
Kaur-Singh Residence
Administrative Report & Decision
LUA24-000057, V-A
Report of April 1, 2024 Page 2 of 7
D_Admin Decision_Singh Driveway Variance_240328_Final
B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: Project Narrative and Justification
Exhibit 4: Geotechnical Analysis for Landslide Hazard and Erosion Hazard Areas, prepared by
Bruce S. MacVeigh, P.E. dated November 29, 2020, submitted with the building
permit (B20003694)
Exhibit 5: Gill SFR Building Permit (B20003694) issued May 27, 2021
C. GENERAL INFORMATION:
1. Owner(s) of Record: Ikman Kaur and Harinderbir Singh, 427 Windsor Way
NE, 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: High Landslide Hazard and High Erosion Hazard
6. Neighborhood Characteristics:
a. North: Single Family Residential, Residential-8 (R-8), Residential Medium Density (MD)
b. East: Single Family Residential, Residential-8 (R-8), Residential Medium Density (MD)
c. South: Single Family Residential, Residential-8 (R-8), Residential Medium Density (MD)
d. West: Single Family Residential, Residential-8 (R-8), Residential Medium Density (MD)
7. Site Area: 0.15 acres
D. HISTORICAL/BACKGROUND:
Action Land Use File No. Ordinance No. Date
Windsor Hills Annexation N/A 1212 04/20/1945
Zoning N/A 5758 06/22/2015
Comprehensive Plan N/A 5758 06/22/2015
Building Permit (SFR
Demolition)
B20005332 N/A 12/7/2020
Building Permit (Single
Family Residence)
B20003694
N/A 05/27/2021
DocuSign Envelope ID: 34771AF3-A6C0-4B00-8098-FE50BF14E8A8
City of Renton Department of Community & Economic Development
Kaur-Singh Residence
Administrative Report & Decision
LUA24-000057, V-A
Report of April 1, 2024 Page 3 of 7
D_Admin Decision_Singh Driveway Variance_240328_Final
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 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
7, 2024 and determined the application complete on February 8, 2024. The project complies with the 120-
day review period.
2. The applicant submitted this Administrative Variance request after construction of the associated single-
-family-home and driveway. As such, double fees were assessed at the time of formal variance application
due to the applicant's failure to submit the variance request prior to the start of construction.
3. The applicant’s submittal materials comply with the requirements necessary to process the administrative
variance request (Exhibits 2 and 3).
4. The project site is located at 427 Windsor Way NE (APN 9476200370).
5. The project site is currently developed with a single-family-home constructed in 2023.
6. The building permit (B20003694) for the single-family-home was issued on May 27, 2021 (Exhibit 5).
7. Access to the site is provided via a driveway off of Windsor Way NE.
8. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use
designation.
9. The site is located within the Residential-8 (R-8) zoning classification.
10. There are two (2) trees located on the subject site. No trees are proposed for removal.
11. The site is mapped with a High Landslide Hazard and a High Erosion Hazard.
12. The following variance to RMC 4-4-080 has been requested by the applicant:
RMC Code Citation Required Standard Requested Variance
RMC 4-4-080I.6 Driveway
Design Standards
The maximum driveway
slope for single family or
two (2) family uses is 15%.
The applicant is requesting a driveway slope
of approximately 18%. The driveway has
already been constructed.
13. No public or agency comments were received.
DocuSign Envelope ID: 34771AF3-A6C0-4B00-8098-FE50BF14E8A8
City of Renton Department of Community & Economic Development
Kaur-Singh Residence
Administrative Report & Decision
LUA24-000057, V-A
Report of April 1, 2024 Page 4 of 7
D_Admin Decision_Singh Driveway Variance_240328_Final
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. 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-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-50: Respond to specific site conditions such as topography, natural features,
and solar access to encourage energy savings and recognize the unique features of the
site through the design of subdivisions and new buildings.
16. 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
✓
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 a High Landslide Hazard and a High Erosion
Hazard. A geotechnical report prepared by Geotechnical Analysis for Landslide Hazard
and Erosion Hazard Areas, prepared by Bruce S. MacVeigh, P.E. dated November 29,
2020), was submitted with the building permit application (B20003694) for the single-
family home (Exhibit 4). The report was reviewed by the City’s structural reviewer at
the time of formal building permit review and the site was determined suitable for the
consruction of a single family home and associated improvements.
17. Variance Analysis: The applicant is requesting approval of an Administrative Variance from the Parking,
Loading and Driveway Regulations - Driveway Grades, to allow the slope of a single family residential
driveway to exceed 15%. Specifically, the applicant is requesting to utilize a driveway slope of
approximately 18%. Per RMC 4-4-080I.6, the maximum driveway slope for single family or two (2) family
uses is 15%. To exceed the 15% maximum, a variance from the Administrator is required to be obtained.
The proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250B.6. Therefore,
staff recommends approval of the requested variance.
DocuSign Envelope ID: 34771AF3-A6C0-4B00-8098-FE50BF14E8A8
City of Renton Department of Community & Economic Development
Kaur-Singh Residence
Administrative Report & Decision
LUA24-000057, V-A
Report of April 1, 2024 Page 5 of 7
D_Admin Decision_Singh Driveway Variance_240328_Final
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 slopes from south-east to north-west (front to back)
(Exhibit 4). The applicant contends that the while the intent at building permit
application was to limit the driveway slope to 15%, unanticipated grading challenges
encountered during construction created conditions on the site that required a driveway
with a grade over 15%. Upon completion of the single-family structure and final
driveway paving, the applicant determined the driveway had a slope of approximately
18%. I
Staff concurs with the justification that the sloped nature of the site would have made
it challenging to construct a single-family home with a first-floor garage and driveway
that did not exceed the 15% limit. Utilizing a driveway with a grade 15% or less would
result in a practical difficulty for the subject property owner and would not allow
development of their property in a manner similar to other property owners in the
vicinity and in the same zoning classification.
✓
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 the subject driveway, which exceeds 15%,
is located entirely on the project site and does not impact any public or private
improvements in the vicinity. Water runoff from the driveway would be collected in a
drain located adjacent to the garage door and is not anticipated to impact neighboring
properties. The steep slope of the garage does not increase the impervious surface
coverage of the lot beyond the amount allowed for in the R-8 zone.
Staff concurs that granting the variance request would not be materially detrimental to
the public or injurious to the properties in the vicinity.
✓
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 applicant contends that allowing a driveway slope exceeding the
15% maximum established in the Renton Municipal Code does not constitute a grant of
special privilege, as other driveways in the immediate area also exceed 15% due to their
development prior to the enactment of the current code. In addition, the driveway
would only serve the single-family residential use on the site and therefore would not
constitute a grant of special privilege inconsistent with the limitation of single-family
uses on the other R-8-zoned properties in the immediate vicinity.
Therefore, staff concurs with the applicant that allowing a driveway slope exceeding
15% (or approx. 18%) would not constitute a grant of special privilege inconsistent with
DocuSign Envelope ID: 34771AF3-A6C0-4B00-8098-FE50BF14E8A8
City of Renton Department of Community & Economic Development
Kaur-Singh Residence
Administrative Report & Decision
LUA24-000057, V-A
Report of April 1, 2024 Page 6 of 7
D_Admin Decision_Singh Driveway Variance_240328_Final
the limitation upon uses of other properties in the vicinity and zone in which the subject
property is situated.
✓
d. That the approval is a minimum variance that will accomplish the desired purpose.
Staff Comment: The applicant contends that without significantly modifying the existing
single-family home, the approval of variance to allow a driveway slope of approximately
18% is the minimum needed to access the garage. The applicant contends that the
proposed driveway only requires a variance because the property and surrounding
neighborhood is burdened with significant topography challenges.
Staff concurs with the applicant that the requested variance is the minimum necessary
to accomplish the desired purpose. Staff notes that the while the variance requested
may be the minimum needed to accomplish the desired purpose of not modifying the
completed single-family home, the driveway slope could have been reduced if the site
topography was more accurately analyzed by the applicant earlier in the building
process.
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 8 and 15.
2. The subject site is at 427 Windsor Way NE (APN 9476200370) located in the Residential-8 (R-8) zoning
designation and complies with the zoning and development standards established with this designation
provided the variance request is granted, see FOF 9.
3. The proposed Kaur-Singh Residence variance application complies with the Critical Areas Regulations
provided the applicant complies with City Code, see FOF 16.
4. The requested variance meets the four (4) criteria to be considered in making a decision on a variance
request as specified in RMC 4-9-250B.6. The analysis of the proposal according to variance criteria is found
in the body of the Staff Report, see FOF 17.
H. DECISION:
The Kaur-Singh Residence driveway variance, File No. LUA24-000057, V-A, as depicted in Exhibit 2, is approved.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matthew Herrera, Planning Director Date
DocuSign Envelope ID: 34771AF3-A6C0-4B00-8098-FE50BF14E8A8
4/1/2024 | 4:33 PM PDT
City of Renton Department of Community & Economic Development
Kaur-Singh Residence
Administrative Report & Decision
LUA24-000057, V-A
Report of April 1, 2024 Page 7 of 7
D_Admin Decision_Singh Driveway Variance_240328_Final
TRANSMITTED on April 1, 2024 to the Owner/Applicant/Contact:
Owner/Applicant: Contact:
Ikman Kaur and Harinderbir Singh
427 Windsor Way NE
Renton, WA 98056
Kevin Singh
14208 4th Ave S
Burien, WA 98168
ksingh@signaturegci.com
TRANSMITTED on April 1, 2024 to the Parties of Record:
None
TRANSMITTED on April 1, 2024 to the following:
Brianne Bannwarth, Interim CED Administrator
Justin Johnson, Interim Development Engineering Director
Gina Estep, Economic Development Director
Clark Close, Current Planning Manager
Nathan Janders, Development Engineering 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 April 15, 2024. 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 Administrative 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.
DocuSign Envelope ID: 34771AF3-A6C0-4B00-8098-FE50BF14E8A8
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Kaur-Singh Residence
Land Use File Number:
LUA24-000057, V-A
Date of Report
April 1, 2024
Staff Contact
Alex Morganroth
Senior Planner
Project Contact/Applicant
Kevin Singh / 14208 4th Ave S Burien,
WA 98168 / ksingh@signaturegci.com
Project Location
427 Windsor Way NE
(APN 9476200370)
The following exhibits are included with the Administrative report:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: Project Narrative and Justification
Exhibit 4: Geotechnical Analysis for Landslide Hazard and Erosion Hazard Areas, prepared by
Bruce S. MacVeigh, P.E., dated November 29, 2020 submitted with the building
permit (B20003694)
Exhibit 5: Gill SFR Building Permit (B20003694) issued May 27, 2021
DocuSign Envelope ID: 34771AF3-A6C0-4B00-8098-FE50BF14E8A8