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HomeMy WebLinkAboutD_Admin Report_1002 N 30th Driveway Variance_181207.pdfDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Admin Report_1002 N 30th Driveway Variance_181207 A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: December 7, 2018 Project File Number: PR17-000269 Project Name: 1002 N 30th St Driveway Variance Land Use File Number: LUA18-000673, VAR, MOD Project Manager: Alex Morganroth, Associate Planner Owner/Applicant/Contact: Mike Ames, Kendall Homes, LLC, PO Box 837, Renton, WA 98057 Project Location: 1002 N 30th St, Renton, WA 98056 Project Summary: The applicant is requesting approval of an Administrative Variance from the provisions of the Renton Municipal Code (RMC) regulating driveway grades for single-family residential development (RMC 4-4-080). The applicant is also requesting approval of a Modification to the Residential Design and Open Space Standards in the R-8 zone (RMC 4-2-115I.6.a) in order to allow relief from the "Architectural Detailing" guideline which requires 3.5-inch (3.5") wide trim around all windows and doors. Specifically, the applicant is requesting the ability to exclude trim from all windows and doors on the home in order to provide a more contemporary or modern style. The purpose of the variance is to retroactively allow for existing driveway to exceed the 15% maximum slope of the existing driveway at 1002 N 30th St (APN 3342101475). The applicant is proposing to maintain the existing driveway which was constructed with a slope of 22%. The lot is 5,400 square feet in area and is located in the Residential-8 du/ac (R-8) zone. A Wellhead Protection Area Zone 2 was mapped on the project site. No trees will be removed as part of the project. Site Area: 0.12 acres DocuSign Envelope ID: AC41A6A6-BA6E-444A-92B0-1C6035CB09CB City of Renton Department of Community & Economic Development Administrative Report & Decision 1002 N 30TH ST VARIANCE LUA18-000673, VAR, MOD Report of: December 7, 2018 Page 2 of 7 D_Admin Report_1002 N 30th Driveway Variance_181207 B. EXHIBITS: Exhibit 1: Staff Report Exhibit 2: Site Plan Exhibit 3: Photos Exhibit 4: Modification Evaluation Form C. GENERAL INFORMATION: 1. Owner(s) of Record: DB Signature Homes LLC 2. Zoning Classification: Residential 8 du/ac (R-8) 3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD) 4. Existing Site Use: Single-family Residential 5. Critical Areas: Wellhead Protection Area Zone 2 6. Neighborhood Characteristics: a. North: Residential Medium Density (RMD) Comprehensive Plan Land Use Designation; Residential-8 DU/AC (R-8) zone b. East: Residential Medium Density (RMD) Comprehensive Plan Land Use Designation; Residential-8 DU/AC (R-8) zone c. South: Residential Medium Density (RMD) Comprehensive Plan Land Use Designation; Residential-8 DU/AC (R-8) zone d. West: Residential Medium Density (RMD) Comprehensive Plan Land Use Designation; Residential-8 DU/AC (R-8) 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 Gustine Annexation N/A 1821 12/31/1960 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 4-2-115: Residential Design and Open Space Standards c. Section 4-4-080: Parking, Loading, and Driveway Regulations 2. Chapter 9 Variances, Waivers, Modifications, and Alternates a. Section 4-9-250: Variance Procedures 3. Chapter 11 Definitions DocuSign Envelope ID: AC41A6A6-BA6E-444A-92B0-1C6035CB09CB City of Renton Department of Community & Economic Development Administrative Report & Decision 1002 N 30TH ST VARIANCE LUA18-000673, VAR, MOD Report of: December 7, 2018 Page 3 of 7 D_Admin Report_1002 N 30th Driveway Variance_181207 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 November 13, 2018 and determined the application complete on November 20, 2018. The project complies with the 120-day review period. 2. The applicant is requesting an administrative variance from RMC 4-4-080I.6.a in order to allow for a single-family residential driveway with a 22% grade. The maximum driveway grade for single-family and two-family uses is 15%. The single-family home and driveway have already been constructed. 3. The applicant is requesting a modification to allow relief from the "Architectural Detailing" guideline which requires 3.5-inch (3.5") wide trim around all windows and doors. Specifically, the applicant is requesting the ability to not install the required trim around the windows and doors on the home in order to provide a more contemporary or modern style (Exhibit 4). 4. Staff supports the applicant’s request for relief from the Residential Design and Open Standards in order to provide a more contemporary-styled house. 5. The applicant’s submittal material complies with the requirements necessary to process a variance and modification request. 6. The project site is located on a 0.12 acre (5,400 square feet) parcel at 1002 N 30th St in Renton, Washington (Parcel # 3342101475). 7. The project site is currently developed with a recently constructed single-family home. 8. The subject parcel is surrounded by existing single-family residential uses. 9. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use designation. 10. The site is located within the Residential-8 units/acre (R-8) zoning classification. 11. A Wellhead Protection Area Zone 2 is located on the project site. 12. Construction of the driveway and single-family home occurred during the summer of 2018. 13. No public or agency comments were received. 14. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. No comments were received. 15. Comprehensive Plan Compliance: The site is designated Residential Medium Density (MD) on the City’s Comprehensive Plan Map. The purpose of the MD designation is to allow a variety of single-family and multi-family development types, with continuity created through the application of design guidelines, the organization of roadways, sidewalks, public spaces, and the placement of community gathering places and civic amenities. The proposal is compliant with the following Comprehensive Plan Goals and Policies: DocuSign Envelope ID: AC41A6A6-BA6E-444A-92B0-1C6035CB09CB City of Renton Department of Community & Economic Development Administrative Report & Decision 1002 N 30TH ST VARIANCE LUA18-000673, VAR, MOD Report of: December 7, 2018 Page 4 of 7 D_Admin Report_1002 N 30th Driveway Variance_181207 16. Variance Analysis: The variance would allow the applicant to retain the driveway constructed at a 22% grade instead of the required 15% maximum grade. 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 garage at the subject property is at a significantly lower grade level than N 30th St and is only setback approximately 20 feet from the sidewalk. The applicant contends that without granting the variance, strict adherence to the driveway grade limits would deprive them of privileges enjoyed by other property owners in the vicinity and would prevent the future owner of the house from easily accessing garage with a vehicle. The applicant also contends that due to the slopes in the surrounding neighborhood, various other homes have driveways that are close to or exceed the 15% maximum grade limit. Staff has reviewed the proposed variance request and concurs that the design of the site and existing grades in the neighborhood result in practical difficulties to construct a driveway pursuant to the strict application of the maximum driveway grade limit of the code. Staff also concurs that several other residential property owners in the vicinity have driveways that exceed the maximum grade limit and that the strict interpretation of the parking, loading and driveway regulations would deprive the future owner of the home 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 granting of the variance 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 fact that the driveway is located entirely on the site and will be for the exclusive use of the future homeowner. Staff has reviewed the applicant’s justifications and concurs with their analysis and finds that the proposed 22% grade 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 sites’ physical characteristics. The granting of the variance would not have any type of impact, visual or otherwise, on the surrounding property owners. DocuSign Envelope ID: AC41A6A6-BA6E-444A-92B0-1C6035CB09CB City of Renton Department of Community & Economic Development Administrative Report & Decision 1002 N 30TH ST VARIANCE LUA18-000673, VAR, MOD Report of: December 7, 2018 Page 5 of 7 D_Admin Report_1002 N 30th Driveway Variance_181207 I. CONCLUSIONS: 1. The Parking, Loading, and Driveway regulations in RMC 4-4-080 limit driveway grades for single-family uses to 15%. The applicant is requesting approval to allow for a recently constructed driveway to maintain a grade of 22%, see FOF 2. 2. The subject site is located in the Residential Medium Density (MD) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 15. 3. The subject site is located at 1002 N 30th, within the Residential 8 du/ac (R-8) zoning classification and complies with the development regulations of this zone. 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 16. 5. The proposal satisfies the criteria in RMC 4-2-115A.2 for approval of residential design requirements, see FOF 4.  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 topography of the lot necessitates a steeper driveway in order to provide adequate access to the garage. The applicant maintains that the proposed driveway grade is similar to the grades of other driveways in the neighborhood and Renton in the sense that it is relatively steep. Steep driveways are common in the area due to the challenging topography. 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 the same zoning designation. The granting of this variance would allow the future owners to access a typical two car garage in manner similar to other homes in the area.  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 the proposed home to utilize the driveway in manner similar to that of surrounding property owners. In order to allow for access into the garage which is significantly lower than the street grade, the applicant has constructed a driveway with a steeper grade that exceeds the maximum grade allowed for driveways serving single-family residential uses Staff reviewed the variance request and concludes that the proposed grade of the existing driveway, 22%, is the minimum required in order to meet the goal of having a functional garage that vehicles can access. Therefore, the request to all the finished driveway grade of 22% would be the minimum necessary to accomplish the desired purpose. DocuSign Envelope ID: AC41A6A6-BA6E-444A-92B0-1C6035CB09CB City of Renton Department of Community & Economic Development Administrative Report & Decision 1002 N 30TH ST VARIANCE LUA18-000673, VAR, MOD Report of: December 7, 2018 Page 6 of 7 D_Admin Report_1002 N 30th Driveway Variance_181207 J. DECISION: The Administrative Variance and Residential Design Modification for the 1002 N 30th St Variance, File No. LUA18-000673, as depicted in Exhibit 2, is hereby approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Jennifer Henning, Planning Director Date TRANSMITTED this 7th day of December, 2018 to the Owner/Applicant: Contact: Applicant Owner Mike Ames Kendall Homes, LLC PO Box 837 Renton, WA 98057 Jason Garrood Kendall Homes, LLC PO Box 837 Renton, WA 98057 Renton Park Ave LLC 612 S Lucielle St Seattle, WA 98108 TRANSMITTED this 7th day of December, 2018 to the Parties of Record: None TRANSMITTED this 7th day of December, 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 December 21st, 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 DocuSign Envelope ID: AC41A6A6-BA6E-444A-92B0-1C6035CB09CB 12/7/2018 | 1:47 PM PST City of Renton Department of Community & Economic Development Administrative Report & Decision 1002 N 30TH ST VARIANCE LUA18-000673, VAR, MOD Report of: December 7, 2018 Page 7 of 7 D_Admin Report_1002 N 30th Driveway Variance_181207 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: AC41A6A6-BA6E-444A-92B0-1C6035CB09CB