HomeMy WebLinkAboutD_Maple_Highlands_Variance_FINALDEPARTMENT OF COMMUNITY
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D_Maple_Highlands_Variance_FINAL
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: July 25, 2024
Project File Number: PR22-000109
Project Name: Maple Highlands Lot 5 Setback Variance
Land Use File Number: LUA24-000176, V-A
Project Manager: Andrew Van Gordon, Associate Planner
Owner/Applicant: Conner Homes at Maple Highlands, 12600 SE 38th St., Unit 250, Bellevue, WA 98006
Contact: Dalton Smith, Conner Homes, 12600 SE 38th St., Unit 250, Bellevue, WA 98006
Project Location: 13818 152nd Ave SE, Renton WA 98059 (APN 1463400021)
Project Summary: The applicant is requesting an administrative variance to reduce the secondary front
yard setback on Lot 5 of the Maple Highlands Preliminary Plat to 20 feet (20') along
SE 5th Pl for the construction of a detached dwelling. Current development standards
for the Residential - 4 (R-4) zone require a 30-foot (30') secondary front yard setback.
Site Area: 3.01 acres
Docusign Envelope ID: EE0C67D3-B826-4CD0-836F-E718109BC413
City of Renton Department of Community & Economic Development
Maple Highlands Lot 5 Setback Variance
Administrative Report & Decision
LUA24-000176, V-A
Report of July 25, 2024 Page 2 of 8
D_Maple_Highlands_Variance_FINAL
B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: LUA22-000122, Maple Highlands Preliminary Plat Hearing Examiner Decision, January
30, 2023
Exhibit 4: Kaminksa Public Comment, dated June 25, 2024
Exhibit 5: Brockschmidt Public Comment, dated June 30, 2024
Exhibit 6: Stricklin Public Comment, dated July 8, 2024
Exhibit 7: Variance Request Justification
Exhibit 8: Tree Retention Plan
Exhibit 9: Addendum to Arborist Report dated May 23, 2023, prepared by Cody Herron, dated
December 2, 2023
Exhibit 10: Protected Root Zone Plan
C. GENERAL INFORMATION:
1. Owner(s) of Record: Conner Homes at Maple Highlands, 12600 SE 38th St.,
Unit 250, Bellevue, WA 98006
2. Zoning Classification: Residential-4 (R-4)
3. Comprehensive Plan Land Use Designation: Residential Low Density (LD)
4. Existing Site Use: Vacant
5. Critical Areas: None mapped
6. Neighborhood Characteristics:
a. North: Single-Family residential, R-4 zone, Residential Low Density (RLD)
b. East: Single-family residential, R-4 zone, RLD
c. South: Single-family residential, R-4 zone (Unincorporated King County), RLD
d. West: Single-family residential, R-4, RLD
7. Site Area: 3.01 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 (Bill) N/A 5949 12/22/2019
Preliminary Plat LUA22-000122 N/A 01/23/2023
Docusign Envelope ID: EE0C67D3-B826-4CD0-836F-E718109BC413
City of Renton Department of Community & Economic Development
Maple Highlands Lot 5 Setback Variance
Administrative Report & Decision
LUA24-000176, V-A
Report of July 25, 2024 Page 3 of 8
D_Maple_Highlands_Variance_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 4-2-060: Zoning Use Table – Uses Allowed in Zoning Designations
c. Section 4-2-110: Residential Development Standards
2. Chapter 4 City-Wide Property Development Standards
3. Chapter 9 Permits – Specific
a. Section 4-9-250; Variances, Waivers, Modifications, and Alternates
4. 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 May 31,
2024 and determined the application complete on June 18, 2024. The project complies with the 120-day
review period.
2. The project site is located 13818 152nd Ave SE, Renton WA 98059 (APN 1463400021).
3. The project site is currently vacant. A detached dwelling and associated detached accessory structures are
located on the site but are currently going through the permitting process for demolition (B24001341 and
B24001342).
4. Access to Lot 5 would be via 153rd Ave SE. 153rd Ave SE is an extension from SE 5th Pl. SE 5th Pl connects
between 154th Ave SE to the east and 152nd Ave SE to the west. The roadway was approved through the
Preliminary Plat (LUA22-000122) (Exhibit 3).
5. The property is located within the Residential Low Density (LD) Comprehensive Plan land use designation.
The project complies with the goals and policies of this Comprehensive Plan land use designation.
Compliance Comprehensive Plan Analysis
✓ Policy L-3: Encourage infill development of single-family units as a means to meet
growth targets and provide new housing.
✓
Goal L-I: Utilize multiple strategies to accommodate residential growth, including:
• Development of new single-family neighborhoods on large tracts of land outside
the City Center,
• Development of new multi-family and mixed-use in the City Center and in the
Residential High Density and Commercial Mixed Use designations, and
• Infill development on vacant and underutilized land in established neighborhoods
and multi-family areas.
✓ Goal L-T: Create a functioning and exemplary urban forest that is managed at optimum
levels for canopy, health, and diversity.
✓
Policy L-24: Manage urban forests to maximize ecosystem services such as stormwater
management, air quality, aquifer recharge, other ecosystem services, and wildlife
habitat.
Docusign Envelope ID: EE0C67D3-B826-4CD0-836F-E718109BC413
City of Renton Department of Community & Economic Development
Maple Highlands Lot 5 Setback Variance
Administrative Report & Decision
LUA24-000176, V-A
Report of July 25, 2024 Page 4 of 8
D_Maple_Highlands_Variance_FINAL
✓ Policy L-34: Ensure buildings, roads, and other features are located on less sensitive
portions of a site when sensitive areas are present.
✓ Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new
development is designed to be functional and attractive.
✓
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.
6. The site is located within the Residential-4 (R-4) zoning classification.
7. The following variances to (regulation[s]) have been requested by the applicant:
RMC Code Citation Required Standard Requested Variance
RMC 4-2-110A
Residential
Development
Standards (Primary
Structures).
The minimum secondary front
yard setback of 30 feet (30’).
The applicant is requesting a 20-foot (20’)
secondary front yard setback to the corner
lot.
8. Staff received three (3) public comment letters (Exhibits 4 - 6). One (1) comment provided support for the
requested variance; the other two (2) comments proposed that traffic calming measures, specifically
speed bumps and stop signs, be installed on/along SE 5th Pl. Traffic calming measures are out of the scope
of this variance and will not be addressed.
9. No other public or agency comments were received.
10. 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.
11. Variance Analysis: The applicant is requesting a variance from RMC 4-2-110A to allow a newly constructed
detached dwelling on Lot 5 of the Maple Highlands Plat to encroach 10 feet (10’) into the 30-foot (30’)
secondary front yard setback within the R-4 zone in order to retain Tree 98 (Exhibit 8). The Hearing
Examiner approved the Maple Highlands Preliminary Plat (LUA22-000122) on January 30, 2023, with 18
conditions of approval. Condition 6 included requirements to analyze the feasibility of retaining Trees 97-
101 on Lots 5 and 6, including but not limited to a root reconnaissance, recommendations for best
practices for construction around Trees 97-101 and evaluation of potential building setback variance
reductions that would allow for tree retention. The proposal is compliant with the following variance
criteria, pursuant to RMC 4-9-250B.5. Therefore, staff recommends approval of the requested variance.
Compliance Variance Criteria and Analysis
Compliant if
condition of
approval is
met
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.
Docusign Envelope ID: EE0C67D3-B826-4CD0-836F-E718109BC413
City of Renton Department of Community & Economic Development
Maple Highlands Lot 5 Setback Variance
Administrative Report & Decision
LUA24-000176, V-A
Report of July 25, 2024 Page 5 of 8
D_Maple_Highlands_Variance_FINAL
Staff Comment: Lot 5 would be a 10,101 square foot lot at the northwest corner of the
intersection of 153rd Ave SE and SE 5th Pl (Exhibit 2). The lot would have a width of 80
feet (80’) and a depth of 126.09 feet (126.09’). If retained, Trees 97 – 99 and 101 would
be located on Lot 5 (Exhibit 8).
That applicant contends that if the required R-4 setback is applied it would not be
possible to retain Tree 98 (Exhibit 7). The protected root zone for Tree 98 extends and
encompasses so much of Lot 5 that a reasonably sized detached dwelling would not be
able to be built as there would not be adequate building area outside of the protected
root zone.
Staff finds that the applicant does suffer from practical difficulties, unnecessary
hardship and special circumstances. The Hearing Examiner approved the preliminary
plat with the condition that the applicant attempt to preserve Trees 97 – 101. All five
(5) trees would straddle the property line between Lot 5 and Lot 6. The trees range in
caliper size from 16 inches (16”) to 38 inches (38”). The provided addendum to the
arborist report dated May 23, 2023, prepared by Cody Herron and dated December 2,
2023 (Exhibit 9) states that the radius of the Protected Root Zones (PRZ) are calculated
by multiplying the Diameter at Breast Height of the tree times one and a half (1.5). No
more than one-third (1/3) of the area within the outer half of the PRZ should be
disturbed. The applicant provided a visual representation of what this would look like
on the ground for Lots 5 and 6 (Exhibit 10). Based on the sizes of the trees and the limited
amount development can encroach into the PRZ, the only tree which can be retained
and allow the developer to build a residence in line with the rest of the Maple Highlands
plat lots is to remove all but Tree 98. As proposed, the 20-foot (20’) setback would
reduce encroachment into the PRZ on Lot 5 by about 10 feet (10’), reducing it from 12
feet (12’) to two feet (2’). To retain any other trees would necessitate extensive
deviations from setback requirements and would place the structures near rights-of-
way and abutting property lines in a manner which is more high density urban. This
would not be consistent with the low-density transition between rural designation zones
and higher density residential zones as is the purpose and intent of the R-4 zone. In
addition, staff’s variance analysis above is based upon the preliminary plat site plan and
lot layout approved through the Hearing Examiner’s decision dated January 30, 2023.
Therefore, staff recommends as a condition of approval, that the secondary front yard
setback reduction variance be subject to Lot 5 retaining the location, dimensions, and
any other features that maintain consistency with the preliminary plat site plan as
determined by the Current Planning Project Manager.
Staff finds that there are special circumstances associated with the Hearing Examiner
approval which create practical difficulties and unnecessary hardship unless the
Administrative Variance is approved. As such, staff finds that the request for the
secondary front yard setback complies with this criterion.
✓
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: Staff has not seen evidence that the variance would be materially
detrimental to the public welfare or injurious to the property or improvements in the
vicinity and zone. See comments in “a” related to placing of structures with relation to
high density vs low density urban developments. A required 10-foot (10’) on-site
landscaping strip would still be located between the dwelling and the right-of-way;
landscaping would include a mixture of trees, bushes, and groundcover. Furthermore,
Docusign Envelope ID: EE0C67D3-B826-4CD0-836F-E718109BC413
City of Renton Department of Community & Economic Development
Maple Highlands Lot 5 Setback Variance
Administrative Report & Decision
LUA24-000176, V-A
Report of July 25, 2024 Page 6 of 8
D_Maple_Highlands_Variance_FINAL
the project is vested to the zoning code at the time of original submittal in 2022. Since
then, the zoning code has been updated to allow for a reduction in secondary front yard
setbacks within subdivisions to no less than 20 feet (20’) provided the applicant can
demonstrate to the Administrator’s satisfaction that the setback reduction is necessary
to preserve and maintain a landmark tree within a tree protection tract (RMC 4-2-
110E.6). A landmark tree is defined as a tree with a caliper of 24 inches (24”) or greater,
except for big leaf maples, black cottonwoods, and red alder trees, which qualify as
landmark trees with a caliper of 30 inches (30”) or greater (RMC 4 -11-200, Definitions
T). While Tree 98 is not a landmark tree, and it is not being preserved in a tract, the
current zoning code does allow for a reduction of the secondary front yard setback, to
the same distance the applicant is requesting, without a variance. The requested
variance is generally in line with the existing code as there is a reduced secondary front
yard setback for the benefit of tree retention.
As such, staff finds that the request for the secondary front yard setback complies with
this criterion.
✓
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: Staff has not seen evidence that approval would constitute a grant of
special privilege inconsistent with the limitation upon uses of other properties in the
vicinity and zone. The special circumstances would not apply to any other lots within
the subdivision besides Lot 5 and Lot 6 and would not apply to any lots outside of the
subdivision. There are no other opportunities for a situation similar to this to exist at
this time as the code has changed and allowances for reductions to protect trees are
currently available through the existing code.
As such, staff finds that the request for the secondary front yard setback complies with
this criterion.
✓
d. That the approval is a minimum variance that will accomplish the desired purpose.
Staff Comment: See comments above in “a” and “b”.
G. CONCLUSIONS:
1. The subject site is located in the Residential Low Density (LD) Comprehensive Plan designation and
complies with the goals and policies established with this designation, see FOF 5.
2. The subject site is located at 13818 152nd Ave SE (APN 1463400021) and is in the Residential-4 (R-4) zoning
designation and complies with the zoning and development standards established with this designation
provided the variance request is granted, see FOF 2 and FOF 6.
3. The applicant is requesting an Administrative Variance from the secondary front yard setback on Lot 5 of
the Maple Highlands Preliminary Plat to 20 feet (20’) along SE 5th Pl to retain Tree 98, see FOF 11.
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.5. The analysis of the proposal according to variance criteria is found
in the body of the Staff Report, see FOF 11.
Docusign Envelope ID: EE0C67D3-B826-4CD0-836F-E718109BC413
City of Renton Department of Community & Economic Development
Maple Highlands Lot 5 Setback Variance
Administrative Report & Decision
LUA24-000176, V-A
Report of July 25, 2024 Page 7 of 8
D_Maple_Highlands_Variance_FINAL
H. DECISION:
The Maple Highlands Lot 5 Setback Variance, File No. LUA24-000176, V-A, as depicted in Exhibit 2, is approved
subject to the following condition:
1. The secondary front yard setback reduction variance shall be subject to Lot 5 retaining the location,
dimensions, and any other features that maintain consistency with the preliminary plat site plan as
determined by the Current Planning Project Manager.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matthew Herrera, Planning Director Date
TRANSMITTED on July 25, 2024 to the Owner/Applicant/Contact:
Owner/Applicant: Contact:
Conner Homes at Maple Highlands
12600 SE 38th St., Unit 250
Bellevue, WA 98006
Dalton Smith, Conner Homes
12600 SE 38th St., Unit 250
Bellevue, WA 98006
TRANSMITTED on July 25, 2024 to the Parties of Record:
Anna Kaminska
6322 SE 5th Pl
Renton, WA 98059
Art Brockschmidt
14024 152nd Ave SE
Renton, WA 98059
David Stricklin
6319 SE 5th Pl
Renton, WA 98059
TRANSMITTED on July 25, 2024 to the following:
Gina Estep, CED Administrator
Brianne Bannwarth, Development Engineering Director
Nathan Janders, Development Engineering Manager
Stephanie Rary, Property Services Specialist
Clark Close, Current Planning 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 August 8, 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
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7/25/2024 | 4:18 PM PDT
City of Renton Department of Community & Economic Development
Maple Highlands Lot 5 Setback Variance
Administrative Report & Decision
LUA24-000176, V-A
Report of July 25, 2024 Page 8 of 8
D_Maple_Highlands_Variance_FINAL
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 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: EE0C67D3-B826-4CD0-836F-E718109BC413
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Maple Highlands Lot 5 Setback Variance
Land Use File Number:
LUA24-000176, V-A
Date of Report
July 25, 2024
Staff Contact
Andrew Van Gordon
Associate Planner
Project Contact/Applicant
Dalton Smith
Conner Homes
12600 SE 38th St., Unit 250,
Bellevue, WA 98006
Project Location
13818 152nd Ave SE,
Renton WA 98059 (APN
1463400021)
The following exhibits are included with the Administrative report:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: LUA23-000028, Maple Highlands Preliminary Plat Hearing Examiner Decision,
January 30, 2023
Exhibit 4: Kaminksa Public Comment, dated June 25, 2024
Exhibit 5: Brockschmidt Public Comment, dated June 30, 2024
Exhibit 6: Stricklin Public Comment, dated July 8, 2024
Exhibit 7: Variance Request Justification
Exhibit 8: Tree Retention Plan
Exhibit 9: Addendum to Arborist Report dated May 23, 2023, prepared by Cody Herron,
dated December 2, 2023
Exhibit 10: Protected Root Zone Plan
Docusign Envelope ID: EE0C67D3-B826-4CD0-836F-E718109BC413