HomeMy WebLinkAboutD_Admin Report_Bradshaw Variance_180907.pdfDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
Admin Variance Report
A. ADMINISTRATIVE REPORT & DECISION
DECISION: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
REPORT DATE: September 7, 2018
Project Name: Bradshaw Variance
Owner/ Applicant: Kyle Bradshaw, 613 Kitsap Ave NE, Renton, WA 98059
Project File Number: PR18-000362
Land Use File Number: LUA18-000504
Project Manager: Alex Morganroth, Associate Planner
Project Summary: The applicant is requesting approval of an Administrative Variance from the provisions
of the Renton Municipal Code (RMC) regulating rear yard setbacks, building coverage,
and impervious surface, and building coverage for a primary single-family addition to
an existing structure in the Residential - 4 dwelling unit per acre (R-4) zone (RMC 4-2-
110A). The purpose of the variance is to allow for the addition of a roof cover for an
outdoor deck at 613 Kitsap Ave NE (APN 7708200650). The applicant is proposing a
514.5 square foot roof cover attached to the west (rear) side of the existing home. The
existing 2,920 square foot home is proposed to be increased to approximately 3,434
square feet. The lot is 4,990 square feet in area. The R-4 zone requires a rear yard
setback of 25 feet, has a max building coverage of 35%, and has a max impervious
surface coverage of 50%. The applicant is requesting a variance to allow the proposed
addition to encroach 8 feet into the rear yard setback at the west property line, a
building coverage of approximately 54%, and an impervious surface coverage of
approximately 62%. Vehicular access to the property is to remain via a driveway off of
Kitsap Ave NE. No critical areas were mapped on the project site. No trees would be
removed as part of the addition.
Project Location: 613 Kitsap Ave NE, Renton, WA 98055
Site Area: 0.12 acres
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B. EXHIBITS:
Exhibit 1: Staff Report
Exhibit 2: Site Plan
Exhibit 3: Photos
Exhibit 4: Shamrock Heights I
C. GENERAL INFORMATION:
1. Owner(s) of Record:
Kyle Bradshaw, 613 Kitsap Ave NE
Renton, WA 98059
2. Zoning Classification: Residential 4 du/ac (R-4)
3. Comprehensive Plan Land Use Designation: Residential Low Density (RLD)
4. Existing Site Use: Single-family Residential
5. Critical Areas: None
6. Neighborhood Characteristics:
a. North: Residential Low Density (RLD) Comprehensive Plan Land Use Designation;
Residential-4 DU/AC (R-4) zone
b. East: Residential Low Density (RLD) Comprehensive Plan Land Use Designation;
Residential-4 DU/AC (R-4) zone
c. South: Residential Low Density (RLD) Comprehensive Plan Land Use Designation;
Residential-4 DU/AC (R-4) zone
d. West: Residential Low Density (RLD) Comprehensive Plan Land Use Designation;
Residential-4 DU/AC (R-4) zone
7. Site Area: 0.12 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 (Shamrock) N/A 5459 07/05/2009
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 9 Variances, Waivers, Modifications, and Alternates
a. Section 4-9-250: Variance Procedures
3. Chapter 11 Definitions
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F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN:
1. Land Use Element
G. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on July 16,
2018 and determined the application complete on July 27, 2018. The project complies with the 120-day
review period.
2. The applicant is requesting an administrative variance from RMC 4-2-110A in order to construct an
addition that would encroach 8 feet into the rear yard setback at the west property line, increase the
building coverage to approximately 54%, and increase the impervious surface coverage to approximately
62%. The required rear yard setback in the R-4 zoning district is 25 feet and the required side yard setback
in a combined 20 feet with no less than 7.5 feet on either side. The proposed addition would be
approximately 240 square feet in size.
3. The applicant’s submittal material complies with the requirements necessary to process a variance
request. The applicant’s proposed site plan and photos of the existing conditions are provided as
Exhibit 2 and Exhibit 3.
4. The project site is located on a 0.12 acre (4,990 square feet) parcel at 613 Kitsap Ave NE in Renton,
Washington (Parcel #7708200650).
5. The project site is currently developed with a single-family home.
6. The subject parcel is surrounded by existing single-family residential uses.
7. The property is located within the Residential Low Density (RLD) Comprehensive Plan land use
designation.
8. The site is located within the Residential-4 units/acre (R-4) zoning classification.
9. The site is not mapped with any critical areas.
10. The applicant is proposing to begin construction in September of 2018 and end in October of 2018.
11. The proposed addition would increase the building coverage and impervious surface coverage to levels
significantly beyond than the amounts allowed by code in the R-4 zone. Therefore, staff recommends as
a condition of approval that neither the current property owner or any future property owner be
allowed to construct any additions or accessory structures that would increase the building coverage or
impervious surface coverage on the site.
12. Staff did not receive any public or agency comment letters.
13. Representatives from various city departments have reviewed the application materials to identify and
address issues raised by the proposed development. No comments were received.
14. Comprehensive Plan Compliance: The site is designated Residential Low Density (RLD) on the City’s
Comprehensive Plan Map. The purpose of the RLD designation is to provide transition to the rural area
for land appropriate for larger lot housing in order to allow for a range of lifestyles. The proposal is
compliant with the following Comprehensive Plan Goals and Policies:
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15. Variance Analysis: The variance would allow the applicant to construct an addition that encroaches
into the rear-yard setback and increases the building coverage and impervious surface. The proposal is
compliant with the following variance criteria, pursuant to RMC 4-9-250. Therefore, staff recommends
approval of the requested variance.
Compliance Comprehensive Plan Analysis
Goal HHS-C: Increase the stability of neighborhoods by fostering long-term
homeownership, property maintenance, and investments in existing housing.
Goal L-P: Minimize adverse impacts to natural systems, and address impacts of past
practice where feasible, through leadership, policy, regulation, and region coordination.
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 property, a part of the Shamrock Heights I subdivision
approved in November of 2005, was developed under King County development
standards prior to annexation into the City in 2009 (see Exhibit 4). Due to the development
standards in place at the time, the surrounding neighborhood contains a significant
number of legally non-conforming lots that are significantly smaller than new lots
developed in the R-4 zone. The average size of the ten lots closest to the subject property
is 4,275 sq. ft., a size less than half of the minimum size required in the City of Renton R-
4 zone (9,000 sq. ft.). When the home was constructed in 2008, the required rear yard
setback for lots in the plat was 15 feet under King County code. Due to the small lot sizes,
all lots in close proximity to the subject property are considered legally non-conforming
and contain primary structures that may encroach into the front, rear, and side setbacks
to varying degrees. In addition, most of nearby lots have building coverage and
impervious surface levels significantly greater than the levels currently allowed by code
in the R-4 zone. The nonconformity of the structures created by the small lots creates
difficulties for homeowners wishing to construct additions or alter the footprint of their
home.
The applicant contends that without granting the variance, strict adherence to the rear
yard setback, building coverage maximum, and impervious surface maximum
requirements would deprive them of privileges enjoyed by other property owners in the
vicinity. A significant number of nearby properties contain primary structures that
encroach into the rear yard setback area. The existing footprint of the applicant’s home
lies outside of the rear yard setback. The applicant maintains that strict adherence to
current development standards would not allow expansion of his home in a manner
similar to neighboring property owners.
Staff has reviewed the proposed variance request and concurs that strict adherence to
the rear yard setback, building coverage, and impervious surface requirements may cause
unnecessary hardship by depriving the applicant of the ability to expand his home due to
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the small lot and small buildable area created by applying setbacks greater than the
setbacks in place at the time of initial construction. Staff concurs that many other
residential property owners in the vicinity have homes that encroach into the setbacks
and create building and impervious surface coverages greater than what is allowed by
current code and that the strict interpretation of the development regulations would
deprive the applicant of privileges enjoyed by those nearby owners.
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 by granting of the variance it would not be
materially detrimental to the public welfare or injurious to the property or improvements
in the vicinity and zone in which the subject property due to the nature of the surrounding
development pattern. Six out of the ten homes nearest to the subject site encroach into
the rear yard setback and all of the underlying lots are nonconforming with respect to the
impervious surface and building coverages. In addition, the proposed covered patio
structure would only be one story and would be shorter in height the majority of
encroachments on the surrounding lots. Less than half of the proposed addition will
encroach into the setback and the majority of the addition will be located outside of the
setback area. Lastly, properties to the west (facing rear yard) and south (facing side yard)
and south (side yard) are tracts owned by the HOA and would not be impacted by the
addition.
Staff has reviewed the applicant’s justifications, concurs with their analysis and finds that
the proposed addition would not be detrimental to the public welfare or injurious to the
property or improvements in the vicinity and zone in which the subject property is situated
based on the site and neighborhood characteristics. The granting of the variance would
not have a negative visual impact on the surrounding property owners due to the
development pattern in the surrounding neighborhood and size of the proposed addition.
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 the approval of the variance would not be
considered a special privilege due to the fact that many adjacent structures project into
the front, rear, or side yard setbacks in addition to creating impervious surface and
building coverages greater than the levels allowed by code. The applicant maintains that
the proposed variance would allow him to maximize the value of his property while
remaining within the average range of sizes and setback encroachments for homes in the
surrounding neighborhood and R-4 zone.
Staff has reviewed the applicant’s justifications and concurs that the granting of the
variance would not constitute a grant of special privilege inconsistent with other
properties in the vicinity and a part of the Shamrock Heights I subdivision and the same
zoning designation. The granting of this variance would allow the applicant to expand
their home to the size and dimensions of neighboring homes.
d. That the approval is the minimum variance that will accomplish the desired purpose.
Staff Comment: The applicant contends that the variance request is only to allow for
approximately a third of the total size of the addition to encroach into the setbacks and
that the depth of the addition (18 feet) is the minimum depth required for a functional
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H. CONCLUSIONS:
1. The development regulations require that all structures be setback a certain distance from the property
lines and that the building and impervious surface coverages not exceed a set percentage of the lot area.
The applicant is requesting approval to encroach into the rear yard setbacks in the R-4 zone, see FOF 2.
2. The subject site is located in the Residential Low Density (RLD) Comprehensive Plan designation and
complies with the goals and policies established with this designation, see FOF 14.
3. The subject site is located at 613 Kitsap Ave NE, within the Residential 4 du/ac (R-4) zoning classification.
4. The requested variance meets the four 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 15.
I. DECISION:
The Administrative Variance for the Bradshaw Variance, File No. LUA18-000504, as depicted in Exhibit 2, is
hereby approved, subject to the following condition:
1. No other addition or accessory structure shall be constructed that would increase the impervious
surface or building coverage on the site.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Jennifer Henning, Planning Director Date
TRANSMITTED this 7th day of September, 2018 to the Owner/Applicant:
Owner/Applicant:
Kyle Bradshaw
613 Kitsap Ave NE
Renton, WA 98059
patio cover. The applicant states that due to the existing layout of the house on the lot
and intended purpose of the addition, the west side of the structure is the most
appropriate location for the addition.
Staff reviewed the variance request and concludes that the proposed setback
encroachment, building coverage, impervious surface, and size of the addition would be
the minimum required in order to meet the goal of having a functional outdoor
entertainment space. The applicant’s desired purpose is to provide an outdoor recreation
room with a cooking area that incorporates adequate weather protection. As such, the
addition would be required to be located near the existing rear door on the west side of
the home. Therefore, for the applicant to construct an outdoor recreation area with
weather protection of a reasonable size, the requested setback encroachment and
impervious surface and building coverages would be the minimum necessary to
accomplish the desired purpose.
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TRANSMITTED this 7th day of September, 2018 to the Parties of Record:
None
TRANSMITTED this 7th day of September, 2018 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Manager
Amanda Askren, Property and Technical Services Manager
Vanessa Dolbee, Current Planning Manager
Rick Marshall, 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 21, 2018. An appeal of the decision must be filed within the
14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing
Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the
Hearing Examiner and additional information regarding the appeal process may be obtained from the City
Clerk’s Office, (425) 430-6510.
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.
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CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Bradshaw Variance
Project Number:
LUA18-000504
Date of Report
September 7, 2018
Staff Contact
Alex Morganroth
Associate Planner
Project Contact/Applicant
Kyle Bradshaw
613 Kitsap Ave NE
Renton, WA 98059
Project Location
613 Kitsap Ave NE
Renton, WA 98059
The following exhibits are included with the Administrative Report:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: Photos
Exhibit 4: Shamrock Heights I
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Exhibit 2
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RECEIVED
07/16/2018
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PLANNING DIVISION
Exhibit 3
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Exhibit 4
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