HomeMy WebLinkAboutD_909_N_29th_St_N_29th_Alley_Modification_FINDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
D_909 N 29th St_N 29th Alley Modification_FIN
A. ADMINISTRATIVE MODIFICATION REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: April 2, 2024
Project File Number: PR24-000028
Project Name: 909 N 29th St Alley Modification
Land Use File Number: LUA24-000094, MOD
Project Manager: Mariah Kerrihard, Assistant Planner
Owner: Red Deer LP, 909 N 29th St, Renton, WA 98056
Applicant: Urban Design Group, 15445 53rd Ave S, Suite 110, Tukwila, WA 98188
Contact: Yuriy Labaz, Urban Design Group, 15445 53rd Ave S, Suite 110, Tukwila, WA 98188
Project Location: 909 N 29th St, Renton, WA 98056 (APN 3342100737)
Project Summary: The applicant is requesting a modification from RMC 4-4-080 Parking, Loading and
Driveway Regulations in order to allow for one (1) proposed home at 909 N 29th St to
utilize N 29th St for vehicular access instead of the alley right-of-way (ROW) at the
rear of the property. The subject property is in the Residential-8 du/ac (R-8) zone
district and has a Comprehensive Plan Land Use Designation of Residential Medium
Density (RMD). Per RMC 4-4-080F.7, for lots in the R-6 and R-8 zone abutting an alley,
all parking areas and garages shall be located at the rear or side of the building, and
vehicular access shall be taken from the alley. The applicant intends to build one (1)
single-family home on the existing lot. Sensitive slopes are mapped within 30 feet of
the site. There is a Wellhead Protection Area Zone 2 mapped on the property.
Site Area: 0.12 acres (5,100 SF)
Burnett Ave N N 29th St
DocuSign Envelope ID: EC156735-60A7-4848-96BC-DBD511B8A7EA
City of Renton Department of Community & Economic Development
909 N 29th St Alley Modification
Administrative Modification Report & Decision
LUA24-000094, MOD
Report of April 2, 2024 Page 2 of 7
D_909 N 29th St_N 29th Alley Modification_FIN
B. EXHIBITS:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Site Plan
Exhibit 3: Neighborhood Detail Map
Exhibit 4: Modification Request Justification
Exhibit 5: Architectural Plans - B24001264
C. PROJECT DESCRIPTION/BACKGROUND
The applicant, Urban Design Group, is requesting a modification from RMC 4-4-080 Parking, Loading, and Driveway
Regulations (Exhibit 4). The modification aims to allow a proposed home to utilize N 29th St for vehicular access
instead of the unimproved alley right-of-way (ROW) located at the rear of the property. Situated within the
Residential-8 du/ac (R-8) zone and designated as Residential Medium Density (RMD) according to the
Comprehensive Plan Land Use, the site is subject to RMC 4-4-080F.7 regulations. These regulations dictate that
for lots in the R-6 and R-8 zone abutting an alley, all parking areas must be positioned at the rear or side of the
building, and vehicular access must be obtained through the alley. The applicant's proposed plan includes the
construction of a new single-family home on the existing lot, as indicated by Exhibit 2. Additionally, the property
falls within Wellhead Protection Area Zone 2 (Well 5A), as per COR maps. Additionally, sensitive slopes are mapped
within 30 feet of the subject property.
D. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on March
11, 2024 and determined the application complete on March 13,2024. 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 (Exhibits 2-5).
3. The project site is located at 909 N 29th St, Renton, WA 98056 (APN 3342100737).
4. The project site is currently vacant.
5. Access to the site would be provided via N 29th St, rather than the alley at the rear of the site.
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 du/ac (R-8) zoning classification.
8. There are no trees located on the project site.
9. The site is mapped with sensitive slopes within 30 feet of the subject property and Well 5A Wellhead
Protection Area Zone 2. The project would be verified for compliance with critical area regulations at the
time of building permit application.
10. The applicant is proposing to begin construction following building permit approval.
11. This Modification decision does not approve the proposed architectural elevations provided by the
applicant. The provided architectural elevations do not comply with the modification criteria as noted in
FOF 12, criterion ‘b’, and were not reviewed for compliance with design regulations or any other
development standards. In addition, review of this project proposal is based only as it pertains to the
DocuSign Envelope ID: EC156735-60A7-4848-96BC-DBD511B8A7EA
City of Renton Department of Community & Economic Development
909 N 29th St Alley Modification
Administrative Modification Report & Decision
LUA24-000094, MOD
Report of April 2, 2024 Page 3 of 7
D_909 N 29th St_N 29th Alley Modification_FIN
subject alley modification request. All other aspects of the project shall be verified for compliance with
the applicable development standards of the zone and conditions of approval at the time of building
permit review.
12. Modification Analysis: This Modification decision does not approve the proposed architectural elevations
provided by the applicant. The provided architectural elevations do not comply with the modification
criteria as noted in FOF 12, criterion ‘b’, and were not reviewed for compliance with design regulations or
any other development standards. In addition, review of this project proposal is based only as it pertains
to the subject alley modification request. All other aspects of the project shall be verified for compliance
with the applicable development standards of the zone and conditions of approval at the time of building
permit review.
Compliance Modification Criteria and Analysis
Compliant if
conditions of
approval are
met
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 purpose of requiring alley-oriented garages and vehicular alley
access in the Residential-6 (R-6) and Residential-8 (R-8) zones is to improve pedestrian
safety, reduce the visual impact, presence of garages on the streetscape, and increase
the amount of green and pervious surfaces in the front yard setback area. The applicant
contends that the existing unimproved alley cannot currently be accessed because it is
substantially encumbered with encroaching sheds and other personal property. Several
neighboring homeowners have been using the unimproved alley as part of their
backyard for many years, including the encroaching sheds. Most of the block, from
Burnett Ave N to Park Ave N, is developed with existing single-family homes that access
from the street, and have encroachments in the alley, with sheds, fences, and yard
improvements. The applicant further contends that the builder has no desire to disrupt
the neighborhood by constructing an alley access that would provide no benefit to
existing homes and would require the removal of several sheds and other personal
items. In addition, the existing unimproved alley is not functional or useful as it does not
currently go through from east to west. The lot is more than 100 feet from the nearest
alley access point (Burnett Ave N to the west).
The applicant contends that allowing the access off N 29th St would meet
Comprehensive Plan Policy L-3, which encourages “infill development of single-family
units as a means to meet growth targets and provide new housing,” while considering
the historic nonuse of the alley as an access road. A Revocable Right of Way Permit
would be required for any person aspiring to temporarily or permanently use and
occupy unused public right-of-way and whose property directly abuts and adjoins such
public right-of-way.
According to the applicant, the design guidelines for the City prioritize minimizing the
visual impact of garages and highlighting pedestrian-oriented elements in the R-8
zoning designation. The applicant contends that significant efforts were made by the
builder to align with these guidelines. The applicant further contends that the proposed
home, as depicted in the attached renderings (Exhibit 5), blends well with the existing
neighborhood by visually minimizing the garage. Additionally, the proposal includes a
pedestrian walkway to the front porch entry and strategically placed landscaping to
reduce the prominence of the garage.
DocuSign Envelope ID: EC156735-60A7-4848-96BC-DBD511B8A7EA
City of Renton Department of Community & Economic Development
909 N 29th St Alley Modification
Administrative Modification Report & Decision
LUA24-000094, MOD
Report of April 2, 2024 Page 4 of 7
D_909 N 29th St_N 29th Alley Modification_FIN
Staff concurs with the applicant’s justification regarding the current obstacles that
prevent alley access for the lot. However, in order to ensure that the new single-family
home meets the objectives of the Comprehensive Plan Land Use Element and the
Community Design Element that provide for visual identity and evoke the character of
the city, creating a sense of place; and which further serves to reduce driveway
appearance and increase green spaces, staff recommends as a condition of approval
that grasscrete pavers (or similar material as approved by the Current Planning Project
Manager) be utilized for the front driveway access from N 29th St. In addition, in order
to further reduce the visual impact of the driveway, staff recommends as a condition of
approval that there be a minimum of ten feet (10') on-site landscaping along the public
street frontage of N 29th St that includes a mixture of trees, shrubs, and groundcover.
A landscape plan in compliance with RMC 4-8-120D.12 shall be submitted for review
and approval by the Current Planning Project Manager at the time of building permit
application. Finally, staff recommends as a condition of approval, that the driveway
width shall not exceed nine feet (9’) within the required street frontage landscape area.
The driveway improvements in the front yard and the curb cut within the street frontage
shall be removed and replaced with onsite landscaping and street frontage
improvements, including sidewalk and planter strip, when the alley improvements are
constructed behind the home at a later date. The applicant shall provide a driveway
proposal for review and approval at the time of building permit application.
The applicant would be required to pay an applicable fee-in-lieu for alley improvements
prior to building permit issuance. See additional comments regarding home design and
appearance under criterion ‘b’.
✓
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: As stated above, the applicant contends that the current unimproved
alley poses potential safety risks, lacks functionality, and contributes to the division
between older homes in the neighborhood and newer homes. Additionally, the
applicant contends that a front-loaded garage design aligns with neighboring
properties and is likely preferable to an alley access point, which could potentially
disrupt the quiet enjoyment of many property owners' yards. Constructing an alley may
increase the amount of impervious surface in the area, which may not align with the
principles of environmental conservation unless deemed necessary for community
safety and well-being. According to the applicant, refraining from constructing road
improvements in the alley presents a greater opportunity for preserving trees in the
vicinity.
Staff concurs that the length of the existing unimproved alley, as well as existing
encroachments, currently prevents functional utilization of alley access for the proposed
home. In addition, staff concurs that the proposed project complies with the criteria for
approval of a modification. In accordance with the current single family building permit,
the proposed architectural building design includes a 2-car tandem garage with a single
garage door facing the public street (front facing) and the alley (rear facing), is recessed
from the front of the home by 15 feet (15’), the garage width represents less than 50%
of the width of the front façade, and the garage door contains a minimum of 30%
glazing and architectural detailing. Together these design elements make the garage
less visible from the street frontage; thereby meeting the intent of the Renton Municipal
Code and the aesthetic goals of the Renton Comprehensive Plan by ensuring access is
DocuSign Envelope ID: EC156735-60A7-4848-96BC-DBD511B8A7EA
City of Renton Department of Community & Economic Development
909 N 29th St Alley Modification
Administrative Modification Report & Decision
LUA24-000094, MOD
Report of April 2, 2024 Page 5 of 7
D_909 N 29th St_N 29th Alley Modification_FIN
E. DECISION:
The proposal satisfies 5 of the 5 criteria listed in RMC 4-9-250D for approval of modifications. Therefore, the
909 N 29th St Alley Modification, File No. LUA24-000094, MOD, is approved and is subject to the following
conditions:
1. Grasscrete pavers (or similar material as approved by the Current Planning Project Manager) shall be
utilized for the driveway access. The applicant shall provide a driveway surface proposal for review and
approval by the Current Planning Project Manager at the time of building permit application.
2. There be a minimum of ten feet (10') on-site landscaping along the public street frontage of N 29th St that
includes a mixture of trees, shrubs, and groundcover. A landscape plan in compliance with RMC 4-8-
120.D.12 shall be submitted for review and approval by the Current Planning Project Manager at the time
of building permit application.
3. The driveway width shall not exceed nine feet (9’) within the required street frontage landscape area.
Furthermore, the driveway improvements in the front yard and the curb cut within the street frontage
shall be removed and replaced with onsite landscaping and street frontage improvements, including
sidewalk and planter strip, when the alley improvements are constructed behind the home at a later date.
The applicant shall provide a driveway proposal for review and approval by the Current Planning Project
Manager at the time of building permit application.
preserved from the existing alley if improvements are made in the future. The final
home design would be reviewed and approved by the Current Planning Project Manager
prior to building permit issuance.
✓
c. Will not create substantial adverse impacts to other property(ies) in the vicinity;
Staff Comment: The applicant contends that utilizing N 29th St for vehicular access and
orienting the garage towards the street would not be injurious to the neighboring
properties, as the majority of nearby homes currently utilize the street for access. The
applicant further contends that avoiding the alley access would allow the adjacent
neighbors to continue to enjoy their properties/backyards without the feel and noise of
back alleys.
Staff concurs with the applicant that requested modification would not create
substantial adverse impacts to other properties in the vicinity.
Compliant if
conditions of
approval are
met
d. Conforms to the intent and purpose of the Code; and
Staff Comment: See comments under criterion ‘a’.
✓
e. Can be shown to be justified and required for the use and situation intended.
Staff Comment: As stated above, several neighboring homeowners have been using the
unimproved alley as part of their backyard for many years, including encroaching sheds,
fences, and yards. See comments under criterion ‘a’ regarding a Revocable Right of Way
Permit. Until more of the alley is improved, access from the existing street may be less
burdensome on the neighborhood. In addition, alley access for the proposed single-
family home would require, at this time, a dead-end alley more than 150 feet from
Burnette Ave N. Therefore, staff concurs that the modification is justified and required
for the use and situation intended.
DocuSign Envelope ID: EC156735-60A7-4848-96BC-DBD511B8A7EA
City of Renton Department of Community & Economic Development
909 N 29th St Alley Modification
Administrative Modification Report & Decision
LUA24-000094, MOD
Report of April 2, 2024 Page 6 of 7
D_909 N 29th St_N 29th Alley Modification_FIN
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matthew Herrera, Planning Director Date
TRANSMITTED on April 2, 2024 to the Owner/Applicant/Contact:
Owner: Applicant: Contact:
Red Deer LP
909 N 29th St
Renton, WA 98056
Urban Design Group
15445 53rd Ave S, Suite 110
Tukwila, WA 98188
Yuriy Labaz
Urban Design Group
15445 53rd Ave S, Suite 110
Tukwila, WA 98188
TRANSMITTED on April 2, 2024 to the Parties of Record:
None
TRANSMITTED on April 2, 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
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 April 16, 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 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
DocuSign Envelope ID: EC156735-60A7-4848-96BC-DBD511B8A7EA
4/2/2024 | 3:27 PM PDT
City of Renton Department of Community & Economic Development
909 N 29th St Alley Modification
Administrative Modification Report & Decision
LUA24-000094, MOD
Report of April 2, 2024 Page 7 of 7
D_909 N 29th St_N 29th Alley Modification_FIN
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: EC156735-60A7-4848-96BC-DBD511B8A7EA
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE MODIFICATION REPORT & DECISION
EXHIBITS
Project Name:
909 N 29th St Alley Modification
Land Use File Number:
LUA24-000094, MOD
Date of Report
April 2, 2024
Staff Contact
Mariah Kerrihard
Assistant Planner
Project Contact/Applicant
Yuriy Labaz
Urban Design Group
15445 53rd Ave S, Suite 110,
Tukwila, WA 98188
Project Location
909 N 29th St, Renton,
WA 98056 (APN
3342100737)
The following exhibits are included with the Administrative Modification Report:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Site Plan
Exhibit 3: Neighborhood Detail Map
Exhibit 4: Modification Request Justification
Exhibit 5: Architectural Plans - B24001264
DocuSign Envelope ID: EC156735-60A7-4848-96BC-DBD511B8A7EA