Loading...
HomeMy WebLinkAboutD_Admin Report_Singh_Variance_181031.pdfDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Admin Report_Singh_Variance_181031 A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: October 31, 2018 Project File Number: PR18-000504 Project Name: Singh Covered Patio Variance Land Use File Number: LUA18-000620, V-A Project Manager: Jeffrey Taylor, Assistant Planner Owner: Sandeep Singh, 622 Nile Avenue NE, Renton, WA 98059 Project Location: 622 Nile Avenue NE, Renton, WA 98059 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 622 Nile Ave NE (APN 1123059067). The applicant is proposing a 416 square foot roof cover attached to the east (rear) side of the existing home. The existing footprint of the single-family home is 3,047 square feet and is proposed to be increased to approximately 3,463 square feet. The lot is 9,360 square feet in area. The R-4 zone requires a rear yard setback of 25 feet, has a maximum building coverage of 35%, and has a maximum impervious surface coverage of 50%. The applicant is requesting a variance to allow the proposed addition to encroach 13 feet into the rear yard setback at the east property line, a building coverage of approximately 36.3%, and an impervious surface coverage of approximately 55%. Vehicular access to the property is to remain via a driveway off of Nile Ave NE. The northeastern corner of the property is mapped with regulated slopes. No trees will be removed as part of the addition. Site Area: 0.21 Acres DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 City of Renton Department of Community & Economic Development Singh Covered Patio Variance Administrative Report & Decision LUA18-000620, V-A Report of October 31st, 2018 Page 2 of 7 D_Admin Report_Singh_Variance_181031 B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Neighborhood Detail Map Exhibit 4: Floor Plan Exhibit 5: Architectural Elevations Exhibit 6: Variance Request Justification C. GENERAL INFORMATION: 1. Owner(s) of Record: Sandeep Singh, 622 Nile Ave. NE, Renton, WA 98059 2. Zoning Classification: Residential-4 (R-4) 3. Comprehensive Plan Land Use Designation: Residential Low Density (LD) 4. Existing Site Use: Single-Family Residential 5. Critical Areas: Regulated Slopes (15% - 25%) 6. Neighborhood Characteristics: a. North: Single-Family Residential, Residential-4 (R-4) b. East: Single-Family Residential, Residential-4 (R-4) c. South: Single-Family Residential, Residential-4 (R-4) d. West: Single-Family Residential, Residential-4 (R-4) 7. Site Area: 0.21 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 DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 City of Renton Department of Community & Economic Development Singh Covered Patio Variance Administrative Report & Decision LUA18-000620, V-A Report of October 31st, 2018 Page 2 of 7 D_Admin Report_Singh_Variance_181031 F. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on September 12, 2018 and determined the application complete on September 19, 2018. The project complies with the 120-day review period. 2. The applicant’s submittal materials comply with the requirements necessary to process the administrative variance request. The applicant’s submittal materials are included as Exhibit 2, Exhibit 3, Exhibit 4, Exhibit 5, and Exhibit 6. 3. The project site is located 622 Nile Avenue NE. 4. The project site is currently developed with a single-family home. 5. Access to the site would be provided via an existing single-family driveway off Nile Avenue NE. 6. The property is located within the Residential Low Density (LD) Comprehensive Plan land use designation. 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: 7. The site is located within the Residential-4 (R-4) zoning classification. 8. There are approximately 3 trees located onsite, of which the applicant is proposing to retain a total of 3 trees. 9. The site is mapped with regulated slopes (15% - 25%) 10. The applicant is proposing to begin construction in November, 2018 and end in December, 2018. 11. The following variances to regulations have been requested by the applicant: RMC Code Citation Required Standard Requested Variance RMC 4-2-110A Development Standards for Residential Zoning Designations (Primary and Attached Accessory Structures) Minimum Rear Yard: 25ft Encroachment into rear yard setback of 13 feet. RMC 4-2-110A Development Standards for Residential Zoning Designations (Primary and Attached Accessory Structures) Maximum Building Coverage: 35% Proposed building coverage of approximately 36.3%. 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. DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 City of Renton Department of Community & Economic Development Singh Covered Patio Variance Administrative Report & Decision LUA18-000620, V-A Report of October 31st, 2018 Page 2 of 7 D_Admin Report_Singh_Variance_181031 RMC 4-2-110A Development Standards for Residential Zoning Designations (Primary and Attached Accessory Structures) Maximum Impervious Surface Area: 50% Proposed impervious surface coverage of approximately 55%. 12. No public or agency comment letters recived. 13. 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. 14. Critical Areas: The site contains regulated slopes (15% - 25%) on the northeaster most corner. 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. A 50-foot buffer and 15-foot building setback are required from Very High Landslide Hazard Areas. Staff Comment: The project site is mapped with regulated slopes in the northeastern most corner of the site. The scope of work for the proposed patio will not disturb any area mapped with regulated slopes. All work will take place at least 15 feet from any mapped slopes. 15. Variance Analysis: The proposal is compliant with the following variance criteria, pursuant to RMC 4-9- 250.B.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. Staff Comment: 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 applicant maintains that strict adherence to current development standards would not allow expansion of his home in a manner similar to neighboring property owners. Further, the house currently under construction directly to the east of his property is two stories with DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 City of Renton Department of Community & Economic Development Singh Covered Patio Variance Administrative Report & Decision LUA18-000620, V-A Report of October 31st, 2018 Page 2 of 7 D_Admin Report_Singh_Variance_181031 numerous windows providing clear vision into his rear yard. Privacy in the rear yard cannot be mitigated through any means permitted by the zoning ordinance without the approval of a variance. The subject property was not part of the two subdivisions built to the west, and southeast developed under King County development standards prior to annexation. Due to the development standards in place at the time, the surrounding neighborhoods contain 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 lots closest to the subject property is approximately 6,500 sq. ft., roughly two-thirds the minimum size required in the City of Renton R-4 zone (9,000 sq. ft.). Due to the small sizes most nearby lots have building coverage and impervious surface levels significantly greater than the levels currently allowed by code in the R-4 zone. These lots were also developed with substantially different setbacks from what are required today. Most immediately, the homes to the southeast of the subject property were developed with approximately 13- foot, and 9-foot rear yard setbacks. 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 to the ability to maintain privacy in his rear yard. Staff concurs that many other residential property owners in the vicinity have homes that encroach into their setbacks and were constructed with building and impervious surface coverages greater than what is allowed by current code. These encroachments exacerbate the privacy issue that the property owner now faces. These circumstances could ordinarily be mitigated by constructing an accessory structure behind the home. However, current development standards do not allow further building coverage or impervious surface coverage for the property without the approval of a variance, restricting the owner’s ability to mitigate the hardship he is facing. Staff also recognizes that under current residential development standards an accessory structure could otherwise be permitted within the rear yard with no side or rear yard setbacks. Therefore, staff agrees that a covered patio is a reasonable alternative to an accessory structure and feels it would achieve the homeowner’s purpose with a lesser impact on the neighboring lots. Staff recommends as a condition of approval that the proposed covered porch be approved in lieu of any future accessory structures being permitted.  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 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 is situated, due to the nature of the surrounding development pattern. Five out of the eight homes nearest to the subject site encroach into the rear yard setback and are nonconforming with respect to the impervious surface and building coverages. In addition, the proposed covered patio structure would be one story and would be shorter in height than the majority of encroachments on the surrounding lots and shorter than the existing home. Nearly half of the proposed covered patio structure would be considered an allowed projection into the rear setback and would meet code. The applicant contends that strict adherence to the overhead weather protection encroachment standards of the code would not satisfy both the privacy and weather protection needs of the homeowner. Lastly, properties to the north (facing side yard) are identified as access and open space tracts that would not be impacted by the development. The property to the east (facing DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 City of Renton Department of Community & Economic Development Singh Covered Patio Variance Administrative Report & Decision LUA18-000620, V-A Report of October 31st, 2018 Page 2 of 7 D_Admin Report_Singh_Variance_181031 rear yard) would be impacted far less by the proposed covered patio than an alternative detached accessory structure that could be permitted pursuant to the detached accessory structure standards of the code. The covered patio could be developed as a detached covered structure and would therefore have a zero foot rear yard and side yard setback. 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 under the same zoning designation. The granting of this variance would allow the applicant to expand their home similar to the size and dimensions of neighboring homes.  d. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: The applicant contends that the variance request is only to allow for an approximately 13-foot encroachment into the rear setback and that the depth of the addition (15 feet) is the minimum depth required for a functional patio cover. The applicant states that he is covering a pre-existing patio of the same size and the covering would not expand the existing footprint of the patio, and therefore would not change in the existing impervious coverage of the lot. 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 project goals. The applicant’s desired purpose is to provide an outdoor recreational space with adequate weather protection and to shield his living room and outdoor patio from the view of neighboring two story homes. As such, the addition would be required to be located near the existing rear door on the east side of the home above his pre-existing uncovered patio. Therefore, the proposed addition is found to be the minimum size necessary to achieve the desired purpose of the project. DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 City of Renton Department of Community & Economic Development Singh Covered Patio Variance Administrative Report & Decision LUA18-000620, V-A Report of October 31st, 2018 Page 2 of 7 D_Admin Report_Singh_Variance_181031 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 6. 2. The subject site is at 622 Nile Avenue NE, Renton, WA 98059 located in the Residential-4 (R-4) zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval. 3. The proposed variance application complies with the Critical Areas Regulations provided the applicant complies with City Code and conditions of approval, see FOF 14. 4. The requested variance meets the four (4) criteria to be considered in making a decision on a variance request as specified in RMC 4-9-250.B.5. The analysis of the proposal according to variance criteria is found in the body of the Staff Report, see FOF 15. H. DECISION: The Nile Avenue Covered Patio Variance, File No. LUA18-000620, as depicted in Exhibit 2, is approved and is subject to the following conditions: 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 31st Day of October, 2018 to the Owner: Owner: Sandeep Singh, 622 Nile Avenue NE, Renton, WA 98059 TRANSMITTED this 31st Day of October, 2018 to the Parties of Record: None TRANSMITTED this 31st Day of October, 2018 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Amanda Askren, Property Services Vanessa Dolbee, Current Planning Manager Rick Marshall, Fire Marshal DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 10/31/2018 | 12:57 PM PDT City of Renton Department of Community & Economic Development Singh Covered Patio Variance Administrative Report & Decision LUA18-000620, V-A Report of October 31st, 2018 Page 2 of 7 D_Admin Report_Singh_Variance_181031 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 November 14, 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. DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE VARIANCE REPORT & DECISION EXHIBITS Project Name: Singh Covered Patio Variance Land Use File Number: LUA18-000620 Date of Report October 31, 2018 Staff Contact Jeffrey Taylor Assistant Planner Project Contact/Applicant Sandeep Singh 622 Nile Avenue NE, Renton, WA 98059 Project Location 622 Nile Avenue NE, Renton, WA 98059 The following exhibits are included with the Administrative Variance Report: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Neighborhood Detail Map Exhibit 4: Floor Plan Exhibit 5: Architectural Elevations Exhibit 6: Variance Request Justification DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 EXHIBIT 2 RECEIVED 09/17/2018 jtaylor PLANNING DIVISION DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 RECEIVED 09/17/2018 jtaylor PLANNING DIVISION EXHIBIT 3 DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 RECEIVED09/17/2018 jtaylorPLANNING DIVISIONEXHIBIT 4DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 RECEIVED09/17/2018 jtaylorPLANNING DIVISIONEXHIBIT 5DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 RECEIVED09/17/2018 jtaylorPLANNING DIVISIONDocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244 Sandeep 5:ngh 622 Nile Ave NE Renton WA -98059 To City of Renton Department of Community and Economic development Planning Division 1055 South Grady Wa, Renton WA -98057 Ref: Warning of Violation Code case no: CODE18,000452 Sub: Adding a roofto patio area. Sir/Madam, I am in receipt of the warning notice referenced above. I have added a roof to my backyard patio. I didn't have any plan of it when I built my house which completed last year. Having lived jn the house for over a year we felt the need of it. Since it is in my backyard I am not sure if I would need any permit for it. lt was at the receipt of this letter that I came to know that a building permil is necessary. Moreover, there are more houses being built in the land adjacent to my backyard which will overlook my deck and living room window. The roof would provide a privacy cover as well for my family room and backyard patio. Also lf I detach the structure, lt will be closer to the neighbors property line and will impact the neighbor's property. The structure doesn't obstruct any view ofthe adjoining properties. I request you to please issue a building permit for the addition of the roof and we will comply with all necessary steps of inspection. Should you need any further information please contact me on the address noted above. Thank you for your consideration. RECEIVED 09/17/2018 jtaylor PLANNING DIVISION EXHIBIT 6 DocuSign Envelope ID: 58EB974C-BB77-4EFC-8F0A-70153CE9D244