HomeMy WebLinkAboutVariance Justification - 05-22-2018a
Plan to Permit, LLC
www.PlanToPermit.com
george@PlanToPermit.com
206-909-2893
Angelea Weihs, Associate Planner
City of Renton
1055 S. Grady Way
Renton, WA 98057
RE: Seminoff Variance at 220 Lind Ave SW (184720-0005)
May 22, 2018
Dear Angelea:
Below are the criterion of approval for a variance (in bold) per RMC 4-9-250.B.5, followed by a response on how the
application meets the criterion (in blue italics):
A. That the applicant [i] 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 [ii] 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;
Responses:
i. The site contains an electrical utility easement over a significant portion of the site. This easement serves electricity
to a large portion of the regional population. This regional easement is larger than most easements on a lot, and
covers a significant portion of the usual building pad. The portion of the building pad that is buildable is irregularly
shaped, due to the regional easement. The size and location of the easement is unique. The site also fronts two
rights of way, which further results in a reduced building pad due to the secondary front setback requirement. The
unusually large regional electrical utility easement, and shape of the large easement, combined with the secondary
front yard setback, are special circumstances applicable to the subject lot related to the size and shape.
The limited size and shape of the buildable area makes it difficult to provide the usual appurtenances and accessory
uses of a house, including, but not limited to, a garage. These appurtenances and accessory are allowed uses (rights
and privileges) granted by the Renton Municipal Code (RMC 4-2-060.Q) and enjoyed by other property owners in
the vicinity and R8 zone. Additionally, Washington State has determined that a garage is reasonable use of the
property, and is justification for the need of a variance (Washington State Shoreline Hearings Board Case SHB95-
006; Washington State Court of Appeals, Division I, Case No. 74435-6). If the driveway entered from Lind Avenue,
the standard stall depth of 20 feet would not fit, without the variance. Additionally, the driveway would have a
cross slope of 19%. Cross slopes are typically limited to 5%, due to driving and emergency access safety. Therefore,
the entrance must be on the north or south side of the lot. Due to the building pad shape, and existing road (SW 2nd
PL), the site is most accessible from the south side. Without the reduced setbacks, the building pads would be too
narrow to construct a garage, even on the south side. Therefore, the existing building pad size, building pad shape,
and topography results in practical difficulties for the placement and design of a single family residence, when
considering the existing street setbacks.
05/22/2018 Page 2 of 2 Plan to Permit, LLC
The strict application of the setbacks are not necessary to maintain life safety. Please see the responses to the
second criterion of approval, below, for further discussion. Thus, the strict application of the setback standards
make the siting of the home more difficult, and harder, then necessary.
ii. The site is located in the R8 zoning district, which allows 50% building coverage (RMC 4-2-110A). The standard
setbacks would only allow 14.9% building coverage. Much of the 14.9% area is irregularly shaped, and result in
unfunctional (dead) building space. This is significantly lower than the building coverage allowed to other property
owners in the vicinity and the identical R8 zoning classification. Therefore, the regional easement and standard
setbacks deprives the subject property owner of a right and privilege (building coverage, accessory uses, etc), which
is enjoyed by other property owners in the vicinity and under the identical R8 zone 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;
Response:
The new home will comply with the latest building code, fire code, and other life safety standards. The latest
stormwater requirements will be complied with for the proposal, which has higher stormwater standards than older
homes that were developed in the vicinity.
The reduced setbacks would easily allow for the clear vision area, as prescribed in RMC 11-30-030, to be met. It
should be noted that the current asphalt is approximately nine feet from the property line. Thus, the clear vision area
is significantly greater than the minimum required by the code.
Therefore, granting the variance will not be injurious to the property or improvements in the vicinity and zone as the
proposed home will not impact the existing uses or potential uses of the adjacent properties.
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;
Response:
The criteria for approval states “with the limitation upon uses of other properties in the vicinity and zone”. The
underlying zone is R8, which allows single family homes as a use. The proposed variance would allow a single family
residence, and accessory uses, consistent with other uses in the vicinity and the zone.
D. That the approval is a minimum variance that will accomplish the desired purpose.
Response:
The reduced setbacks are the minimum necessary to allow for a garage, and meet the Renton design requirements
for it to be recessed.
We also note that the proposed house design has a smaller building footprint than any other building in the vicinity,
based on King County Department of Assessments data.
Thank you for your time, attention to this letter, and assistance. Please feel free to contact me at
george@plantopermit.com if you have any questions or need any additional information.
Sincerely
George Steirer
Plan to Permit, LLC