HomeMy WebLinkAboutReport_and_Exhibits_Admin_Variance_ArroyosDEPARTMENT OF COMMUNITY
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Report_Admin_Variance
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: June 19, 2019
Project File Number: PR19-000024
Project Name: Arroyos Carport Variance
Land Use File Number: LUA19-000003, VAR
Project Manager: Angelea Weihs, Associate Planner
Owner/Applicant: Juan and Esperanza Arroyos; 854 Dayton Ave NE
Contact: Oscar Gestoso, 21620 84th Ave S, Kent, WA 98032
Project Location: 854 Dayton Ave NE
Project Summary: The applicant is requesting approval of an Administrative Variance from the
provisions of the Renton Municipal Code (RMC) regulating side yard setbacks for
attached accessory structures in the Residential - 8 (R-8) zone (RMC 4-2-110A). The
subject property is located at 854 Dayton Ave NE (APN 7227500840). The lot is 5,463
square feet in area and contains an existing single family home. The existing home
was constructed in 1942 with an attached carport structure. The R-8 zone currently
requires a side yard setback of 5 feet. The original attached carport was constructed
with a 0-foot setback from the side yard property line before the property annexed
into Renton in 1946, and was legal, nonconforming. The original carport became
dilapidated over time. The owners tore down the old carport and rebuilt it in 2017,
without the required demolition and building permits (Code Case violation number
CODE17-000364). The purpose of the variance is to allow for the applicant to keep
the new 235 square foot carport on the subject property, which currently encroaches
4 feet 4 inches into the side yard setback along the north property line. Vehicular
access to the property will be taken off of Dayton Ave NE, via an existing driveway
and curb cut. The site is not mapped with critical areas.
Site Area: 5,463 square feet (0.13 acre)
DocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
City of Renton Department of Community & Economic Development
Arroyos Carport Variance
Administrative Report & Decision
LUA19-000003, VAR
Report of June 19, 2019 Page 2 of 7
Report_Admin_Variance
B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: Construction Drawings
Exhibit 4: Project Narrative
Exhibit 5: Variance Request Justification
Exhibit 6: Fee Waiver Request and City Council Meeting Minutes
C. GENERAL INFORMATION:
1. Owner(s) of Record: Juan and Esperanza Arroyos; 854 Dayton Ave NE
2. Zoning Classification: Residential-8 (R-8)
3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD)
4. Existing Site Use: Single Family Residence
5. Critical Areas: N/A
6. Neighborhood Characteristics:
a. North: R-8 Zone; Single Family Homes
b. East: R-8 Zone; Dayton Ave NE; Single Family Homes
c. South: R-8 Zone; Single Family Homes
d. West: R-8 Zone; Alley; Single Family Homes
7. Site Area: 5,463 square feet (0.13 acre)
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 N/A 1246 04/16/1946
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
DocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
City of Renton Department of Community & Economic Development
Arroyos Carport Variance
Administrative Report & Decision
LUA19-000003, VAR
Report of June 19, 2019 Page 3 of 7
Report_Admin_Variance
a. Section 4-9-250: Variances, Waivers, Modifications, And Alternates
4. Chapter 11 Definitions
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 January
9, 2019. The project was later placed on hold on January 17, 2019, and taken off hold on April 2, 2019.
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 (exhibits).
3. The project site is located 854 Dayton Ave NE.
4. The project site is currently developed with an existing single family home.
5. Access to the site would be provided via an existing driveway and curb cut off of Dayton Ave NE.
6. The property is located within the Residential Medium Density (MD) 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-48: Address privacy and quality of life for existing residents by considering scale
and context in infill project design.
Goal L-H: Plan for high-quality residential growth that supports transit by providing
urban densities, promotes efficient land utilization, promotes good health and physical
activity, builds social connections, and creates stable neighborhoods by incorporating
both built amenities and natural features.
7. The site is located within the Residential-8 (R-8) zoning classification.
8. No trees are proposed for removal.
9. No critical areas are mapped on the project site.
10. The existing home was constructed in 1942 with an attached carport structure. The original attached
carport was constructed with a 0-foot setback from the side yard property line before the property
annexed into Renton in 1946. The original carport became dilapidated over time. The owners tore
down the old carport and rebuilt it in 2017, without the required demolition and building permits (Code
Case violation number CODE17-000364). The code case will not be resolved untill a building permit is
issued and finalled.
11. The applicant is requesting a variance to allow the proposed structure to encroach 4 feet 4 inches into
the side yard setback at the north property line.
12. Staff received no public or agency comments for this project.
13. Representatives from various city departments have reviewed the submitted application.
DocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
City of Renton Department of Community & Economic Development
Arroyos Carport Variance
Administrative Report & Decision
LUA19-000003, VAR
Report of June 19, 2019 Page 4 of 7
Report_Admin_Variance
14. Variance Analysis: The applicant is requesting a variance to allow the proposed structure to encroach 4
feet 4 inches into the side yard setback at the north property line. 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
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 existing home was constructed in 1942 with an attached carport
structure. The original attached carport was constructed with a 0-foot setback from the
side yard property line before the property annexed into Renton in 1946.
The applicant states that the original carport became dilapidated over time and
replacing it was the best way to repair the structure. The owners, with the help of family
members, tore down the old carport and rebuilt it in 2017. The applicant states that the
owners were not aware that they needed a building permit to replace the structure. The
rebuilt carport was located with the same 0-foot setback from the side property line. It
was built generally in the same footprint as the existing carport, however, with a slight
expansion to the west, toward Dayton Ave South. This slight expansion toward the front
property line also increased the encroachment in the side yard. The small area that
expanded in the side yard results in the need for a side yard variance. The applicant
asserts, and staff agrees, that the change is incremental and is not obvious when viewed
from the street or the neighboring property. If the carport was built to comply with the
setbacks, the width of the carport opening would only be approximately 7.5 feet wide,
which would not reasonably accommodate a vehicle. In addition, if the carport posts
were moved in order to comply with the 5-foot setback, the opening for the existing
attached garage would be reduced to approximately 6.5 feet, which would make the
attached garage unusable. Covered parking for one vehicle is reasonable and consistent
with surrounding properties. Therefore, the strict application of the Zoning Code would
prevent the reconstruction of the carport, which would deprive the subject property
owner of rights and privileges enjoyed by other property owners in the vicinity and
under identical 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.
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 home is located. The reconstruction
of the carport was an effort by the owners to repair a failing structure. Since the existing
structure was dilapidated and in danger of collapsing, replacement was determined to
be the best way to correct the deficiencies in the structure and keep it in a safe and
secure condition. The rebuilt carport results in a slight expansion into the side yard
setback that is not obvious when viewed from the front and side yards, and the new
structure improves the appearance of the property.
DocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
City of Renton Department of Community & Economic Development
Arroyos Carport Variance
Administrative Report & Decision
LUA19-000003, VAR
Report of June 19, 2019 Page 5 of 7
Report_Admin_Variance
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. There is sufficient room to meet building
code and fire safety standards between the carport roof and the roof of the home to
the north, as a driveway is located between the abutting home and the property line.
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, and staff agree, that the approval will 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. The new
structure is generally within the same footprint as the previous carport, with a slight
expansion within the front and side yard. The front yard setback is met, and the
nonconforming situation in the side yard is incrementally increased. The original
carport was constructed with a 0-foot setback. As replacement of the failing carport
was the best option for repair, and would likely be allowed for other properties in the
vicinity and R-8 Zone.
d. That the approval is a minimum variance that will accomplish the desired purpose.
Staff Comment: The applicant contends, and staff agree, that the carport as constructed
is the minimum needed to accomplish the purpose of replacing the existing carport and
providing room for one vehicle to have covered parking. The owners considered
alterations to the carport in order to be within the exact footprint of the previous
structure; however, at this juncture, it would require moving or removing posts needed
for structural support, and to allow adequate space for parking. The requested variance
is the minimum needed by the owners to be allowed to retain the rebuilt carport.
H. CONCLUSIONS:
1. 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 6.
2. The subject site is located in the Residential-8 (R-8) zoning designation.
3. 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 14.
4. Approval of a building permit is required for the proposed carport. Code case number CODE17-000364
will not be resolved until the required permit is issued and finaled.
DocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
City of Renton Department of Community & Economic Development
Arroyos Carport Variance
Administrative Report & Decision
LUA19-000003, VAR
Report of June 19, 2019 Page 6 of 7
Report_Admin_Variance
I. DECISION:
The Arroyos Carport Variance, File No. LUA19-000003, VAR, as depicted in Exhibit 2, is approved.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Jennifer Henning, Planning Director Date
TRANSMITTED on June 19, 2019 to the Owner/Applicant/Contact:
Owner/Applicant: Contact:
Juan and Esperanza Arroyos;
854 Dayton Ave NE
Oscar Gestoso; 21620 84th Ave S,
Kent, WA 98032
TRANSMITTED on June 19, 2019 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
J. 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 July 3, 2019. 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
DocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
6/19/2019 | 1:38 PM PDT
City of Renton Department of Community & Economic Development
Arroyos Carport Variance
Administrative Report & Decision
LUA19-000003, VAR
Report of June 19, 2019 Page 7 of 7
Report_Admin_Variance
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: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Arroyos Carport Variance
Land Use File Number:
LUA19-000003, VAR
Date of Report
June 19, 2019
Staff Contact
Angelea Weihs
Associate Planner
Project Contact/Applicant
Oscar Gestoso
21620 84th Ave S, Kent, WA
98032
Project Location
854 Dayton Ave NE
The following exhibits are included with the Administrative report:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: Construction Drawings
Exhibit 4: Project Narrative
Exhibit 5: Variance Request Justification
Exhibit 6: Fee Waiver Request and City Council Meeting Minutes
DocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
DAYTON AVE NEPROPERTY LINE = 65.00'PROPERTY LINE = 84.05'PROPERTY LINE = 65.00'EXISTING DRIVEWAYPROPERTY LINE = 85.05'17' - 0"16'-4 1/2".2' - 0"AREA OF WORK(235 S.F.)EXIST. STORAGEEXIST. GARAGEEXIST. HOUSE30'-0".15' - 10 1/2"21' - 10 1/2"0' - 8" ARROYOS RESIDENCE 854 DAYTON AVE NE RENTON, WA 98056 CARPORT RENOVATIONSITE PLAN / PROJECTINFORMATIONA0.2 GESTOSO DESIGN AND DRAFTING SERVICES PH: (253) 709-7543 E: OSCAR.GESTOSO@ GMAIL.COMPROJECT INFORMATIONSITE PLANSC: 1" = 10'-0"VICINITY MAPSC: NTSSITE LOCATIONEXHIBIT 2RECEIVED04/02/2019 jtaylorPLANNING DIVISIONDocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
A-1.02A-1.034A-1.021' - 0"EQEQEQ11' - 0"4x4 PRETREATEDDF POST, TYP.LINE OF ROOF ABOVEEXISTING HOUSENEW CARPORTPROPERTY LINE4A-1.0SL DN: 1/4" / FTGround Level0' - 0"T.O. Beam9' - 5 1/2"T.O Roof14' - 8"Ground Level0' - 0"T.O. Beam9' - 5 1/2"A-1.05SimA-1.06Sim1'=4" DIA. X 1'-6" H CONC. FOOTINGOVERFRAMING ROOF:1/4" EPD O/ 3/4" PLYWDSHEAT'G O/ RAFTERSMETAL FLASHING2x10 PRETREATED WD TRIMScaleDateDrawn ByChecked ByProject NumberConsultant AddressAddressAddressPhoneAs indicated10/22/2018 9:53:20 PMA-1.0SITE/FLOOR PLAN/EXTER.ELEV./SECTION/DETAILSOVGOVGJULY 17, 20182017.1RESIDENCE & PROJECT ADDRESSPROJECT DESCRIPTION: CARPORT ADDITION.ADDRESS: 854 DAYTON AVE NE RENTON, WA 98056JURISDICTION: CITY OF RENTONCOUNTY: KING COUNTYZONE: SF -SINGLE FAMILYPARCEL NO.: 722750-0840SITE AREA: 5,462S.F. (.125 ACRES)ABBREVIATED LEGAL: RENTON HIGHLANDS ADDTOTAL CARPORT ADDITION: 493 S.F.PROPERTY ALLOWABLES FRONT YARD 20'-0"SIDE YARDS 5'-0"REAR YARD 10'-0"CODE EDITIONS: 2015 (IRC) INTERNATIONAL RESIDENTIAL CODE WITH WA AMENDMENTS WASHINGTON STATE RESIDENTIAL PROVISIONS:DESIGN DATA: SNOW LOAD: 30 PSF FROST DEPTH: 12 INCHES WIND SPEED: 110 MPH WIND EXPOSURE: B SPRINKLERED: NO GESTOSO DESIGN AND DRAFTING SERVICES22420 127TH AVENUE S.E. KENT, WA 98031 PH: (253) 709-7543E: OSCAR.GESTOSO@ GMAIL.COM ARROYOS RESIDENCE 854 DAYTON AVE NE RENTON, WA 98056GENERAL NOTES1. ALL WORK SHALL BE IN ACCORDANCE WITH 2015 IRC AND 2015 WSEC2. ALL ELECTRICAL WORK, IF ANY, IS UNDER SEPARATE PERMIT AND SHALL BE IN ACCORDANCE WITH 2015 IEC AND STATE REQUIREMENTS.3. ALL DIMENSIONS ARE TO FACE OF STUD, UNLESS NOTED OTHERWISE (UNO)..4. ALL EXTERIOR WALL ARE 2x6 @ 16" O.C. 5. ALL LUMBER IN CONTACT WITH CONCRETE SHALL BE TREATED OR GRAD SHALL BE TREATED. CARPORT RENOVATION 1/4" = 1'-0"1Main LevelNo. Description Date1 Permit Comments 10/23/18 1/4" = 1'-0"2Dayton Ave NE - West Elevation 1/4" = 1'-0"3North Elevation 1/4" = 1'-0"4Section Thru Carport4x4 PRETREATEDD.F. POST, TYP.4x7 PRETREATEDD.F. BEAM EA. SIDE2x6 PRETREATED D.F. RAFTER @ 16" O.C.SINGLE PLY ROOFING ON3/4" PLYWD SHEATHINGMTL FLASHING ON2x10 PAINTED WOOD TRIMPOST & BEAM DETAILFRONT YARD PHOTOGRAPH FRON DAYTON AVE NE SHOWING CARPORT ON LEFT 1" = 1'-0"5Post Foundation Detail 1 1/2" = 1'-0"6Eave Detail11EXHIBIT 3RECEIVED04/02/2019 jtaylorPLANNING DIVISIONDocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
ARROYO CARPORT - PROJECT NARRATIVE
Project name, size and location of site: Arroyo Carport Addition, located on 854 Dayton
Ave NE, Renton, WA 98056. Site is 5,462 s.f. (.125 Acres).
Land use permits required for proposed project: Building Permit.
Zoning designation of the site and adjacent properties: R-8
Current use of the site and any existing improvements: Single Family Residential.
Existing improvement is a single family home and a constructed carport.
Special site features (i.e. Wetlands, water bodies, steep slopes): None.
Statement addressing soil type and drainage conditions: The lot is developed, the
storm water flows from existing roof and parking lot to existing catch basin and drainage
system on West of site on Dayton Ave NE. West side of site has grass and East side has
grass and trees; it is flat throughout. The storm water runoff from the West side
currently disperses along the front and flows to existing catch basin and drainage system
under Dayton Ave NE of South side. There is no evidence of any other on-site flows
going off-site. The site does not receive any significant off-site flows from the adjacent
poperties. The soil on the site is a typical residential soil type.
Proposed use of the property and scope of the proposed development: The proposed
project includes removal of an existing carport and replacement of a slightly larger
carport totaling 493 s.f.
Access: Access to the carport from the west part of the site will be from Dayton Ave NE.
For plats indicate the proposed number, net density and range of sizes (net lot area) of
the new lots: N/A
Proposed off-site improvements (i.e. Installation of sidewalks, fire hydrants, sewer
main, etc.): None.
Total estimated construction cost and estimated fair market value of the proposed
project: $1,000 including demolition of existing carport.
Estimated quantities and type of materials involved if any fill or excavation is
proposed: None.
Number, type and size of any trees to be removed: None.
Explanation of any land to be dedicated to the city: N/A
Any proposed job shacks, sales trailers, and/or model homes: None.
Any proposed modifications being requested (included written justification): None.
EXHIBIT 4
RECEIVED
04/02/2019 jtaylor
PLANNING DIVISION
DocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
VARIANCE REQUEST JUSTIFICATION
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;
The existing home was constructed in 1942 with an attached carport structure. The
original attached carport was constructed with a 0-foot setback from the side yard
property line before the property annexed into Renton in 1946.
The original carport became dilapidated over time and replacing it was the best way to
repair the structure. The owners, with the help of family members, tore down the old
carport and rebuilt it in 2017. They were not aware that they needed a building permit
to replace the structure. The rebuilt carport was located with the same 0-foot setback
from the side property line. It was built generally in the same footprint as the existing
carport, however, with a slight expansion to the west, toward Dayton Ave South. This
slight expansion toward the front property line also increased the encroachment in the
side yard. The small area that expanded in the side yard results in the need for a side
yard variance. The change is incremental and is not obvious when viewed from the
street or the neighboring property.
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;
The reconstruction of the carport was an effort by the owners to repair a failing
structure. Since the existing structure was dilapidated and in danger of collapsing,
replacement was determined to be best way to correct the deficiencies in the structure
and keep it in a safe and secure condition. The rebuilt carport results in a slight
expansion into the side yard setback that is not obvious when viewed from the front
1
EXHIBIT 5
RECEIVED
04/02/2019 jtaylor
PLANNING DIVISION
DocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
and side yards, and the new structure improves the appearance of the property. The
requested variance does not result in detriment to the public welfare or injury to any
other properties or improvements in the vicinity or zoning district in which the home is
located. There is a sufficient room between the carport roof and the roof of the home
to the north, as a driveway is located between the abutting home and the property line.
The 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;
The new structure is generally within the same footprint as the previous carport, with a
slight expansion within the front and side yard. The front yard setback is met, and the
nonconforming situation in the side yard is incrementally increased. The original
carport was constructed with a 0-foot setback. As replacement of the failing carport
was the best option for repair, and would likely be allowed for other properties in the
vicinity and R-8 Zone.
The approval is a minimum variance that will accomplish the desired purpose. (Amd. Ord.
4835, 3-27-2000; Ord. 5675, 12-3-2012)
The carport as constructed is the minimum needed to accomplish the purpose of
replacing the existing carport. The owners considered alterations to the carport in
order to be within the exact footprint of the previous structure; however, at this
juncture, it would require moving or removing posts needed for structural support, and
to allow adequate space for parking. The requested variance is the minimum needed
by the owners to be allowed to retain the rebuilt carport.
2
DocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
February 12, 2018 REGULAR COUNCIL MEETING MINUTES
MINUTES
City Council Regular Meeting
7:00 PM ‐ Monday, February 12, 2018
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Ed Prince, Council President
Randy Corman
Ryan McIrvin
Ruth Pérez
Don Persson
Carol Ann Witschi
Councilmembers Absent:
Armondo Pavone
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT
COUNCILMEMBER ARMONDO PAVONE. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Leslie Clark, Senior Assistant City Attorney
Jason Seth, City Clerk
Ellen Bradley‐Mak, Human Resources / Risk Management Administrator
Gregg Zimmerman, Public Works Administrator
Jennifer Henning, Planning Director
Amanda Askren, Property & Technical Services Manager
Commander Jeff Eddy, Police Department
EXHIBIT 6
RECEIVED
04/02/2019 jtaylor
PLANNING DIVISION
DocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
February 12, 2018 REGULAR COUNCIL MEETING MINUTES
SPECIAL PRESENTATION
Seattle Public Utilities Project on Renton Hill: Fernando Platin, Project Engineer for Seattle
Public Utilities provided a brief presentation regarding the Cathodic Protection Project
scheduled for water lines under Beacon Ave S., between Mill Ave S. and SE 8th Dr. Mr. Platin
reported that the corrosion protection work will prevent exterior pipe corrosion, prolonging
the life of the water lines. He indicated that work will begin next week and will take
approximately four to six weeks to complete. He also noted that his team has coordinated
project outreach efforts with residents, the Renton School District, and the manager of the
utility replacement project also occurring on Renton Hill.
PUBLIC HEARING
Tasca Street Vacation: This being the date set, and proper notices having been posted and
published in accordance with local and State laws, Mayor Law opened the public hearing to
consider the petition to vacate a portion of unimproved N. 38th St. right‐of‐way,
approximately 50 feet in width and 130 feet in length, located between Meadow Ave. N. and
1‐405; petitioner James G. Tasca (VAC‐15‐001).
Planning & Technical Services Manager Amanda Askren reviewed the history of the
petitioner's repeated attempts to vacate this portion of City right‐of‐way. She reported that
100 percent of the abutting property owners have signed the vacation petition, and the City
does not have any facilities in the subject area. She relayed that the petitioner, as public
benefit, would like to develop the area in conjunction with adjacent parcels that he owns. Ms.
Askren reported that upon circulation of the petition to City departments and outside
agencies, there were no objections to the vacation petition. She also reported that this
vacation request was presented to Council in 2006 and 2015, but expired both times before
the petitioner was able to take further action. Concluding, Ms. Askren reported that the
petitioner submitted an appraisal in late 2017, which was reviewed by the Utilities
Committee. She stated that the staff recommendation is to approve the petition without
conditions.
Responding to Councilmember Persson's inquiry, Ms. Askren remarked that if Council
approves this attempt to vacate the property there should be no reason the petitioner cannot
finish the process.
Following the discussion, it was
MOVED BY WITSCHI, SECONDED BY MCIRVIN, COUNCIL CLOSE THE PUBLIC
HEARING. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City’s recent progress towards goals and work programs adopted as part of
its business plan for 2018 and beyond. Items noted were:
On Wednesday, February 7th at approximately 9:30 a.m., a significant sinkhole at 900
Rainier Avenue North was noticed by police. Officer Marty Leverton immediately
contacted the Public Works Maintenance Division to report the sinkhole affecting the
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February 12, 2018 REGULAR COUNCIL MEETING MINUTES
northbound lanes. When maintenance crews arrived on‐site it was discovered that
the sinkhole was caused by a failed storm system situated 15 feet deep. Further
inspection of the system showed failure across the entire width of Rainier Avenue
North. City maintenance staff was required to close this portion of Rainier Avenue
North in both directions and set up detour routes shortly before the afternoon
commute began. Maintenance crews and the contractor worked non‐stop from
Wednesday through Friday to repair the failed storm system and restore pavement to
a drivable condition before reopening the roadway.
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
Dr. David Paul Zimmerman, Administrator of Renton Prep Christian School, provided
an update on the school's history, mission, student diversity, and classroom
technology integration. He also noted that educators from eighteen countries had
recently visited the school's Renton campus to learn more about integrating
technology in classrooms. Concluding, Dr. Zimmerman thanked Council for
authorizing the administration to move forward on the 200 Mill proposal submitted
by Cosmos Development Group, and indicated that the school supports their
redevelopment vision.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of February 5, 2018. Council Concur.
b) AB ‐ 2081 City Clerk reported the results from the January 23, 2018 bid opening for CAG‐17‐
235, Fire Station 15 project; and submitted the staff recommendation to accept and award
the lowest responsive bid from Par‐Tech Construction, Inc., in the amount of $4,273,500, for
the Fire Station 15 project. Council Concur.
c) AB ‐ 2082 Community Services Department recommended approval of a professional services
agreement with Baylis Architects, in an amount not to exceed $106,000, for the design of
programming spaces, concept development, community outreach, and other elements for the
Family First Community Center project. Council Concur.
e) AB ‐ 2077 Public Works Administration requested authorization to purchase a 12‐passenger
vehicle to replace the existing Senior Center bus, in the amount of $42,000, using state bid
contract 05916. Sufficient funds to cover this purchase were included in the 2017/2018
Biennial budget. Council Concur.
f) AB ‐ 2086 Utility Systems Division recommended adoption of a resolution declaring an
emergency for the purpose of replacing the storm water infrastructure and failed City street
in the vicinity of 901 Rainier Ave N. Council Concur.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, MINUS ITEM 7.d. CARRIED.
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February 12, 2018 REGULAR COUNCIL MEETING MINUTES
Separate Consideration ‐ Item 7.d.
d) AB ‐ 2080 Human Resources / Risk Management Department recommended approval of
Mayor Law's appointment of Bob Harrison for the position of Chief Administrative Officer
(CAO) in the Executive Department, and requested authorization to enter into an
employment agreement with Mr. Harrison with an effective start date of May 1, 2018.
Councilmember Persson remarked that confirming the Mayor's appointment of a Chief
Administrative Officer is one of the most important decisions Council can make. He noted that
Council supports Mr. Harrison's appointment and congratulated the Mayor for finding and
hiring such a qualified candidate in advance of current Chief Administrative Officer Jay
Covington's pending retirement. Mayor Law thanked the Councilmembers who participated in
the interview panels, and Council for confirming Mr. Harrison's appointment. He also noted
that Mr. Harrison was in attendance at tonight's meeting.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEM 7.d. AS COUNCIL CONCUR. CARRIED.
UNFINISHED BUSINESS
a) Committee of the Whole Council President Prince presented a report recommending
concurrence in the recommendation of the 200 Mill RFP Review Committee to authorize the City
Administration to commence negotiations with Cosmos Development Group for the
redevelopment of the City‐owned parcels at 200 Mill Ave S.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Utilities Committee Chair Witschi presented a report concurring in the staff recommendation to
accept the appraisal and set compensation for Street Vacation Petition VAC‐15‐001 at $13,000
for an approximately 6,500 square foot portion of land located south of 3804 Meadow Avenue N.
The Utilities Committee also recommended concurrence in the staff recommendation to waive
the initial fees for street vacation due to the previous expiration period on the vacation request.
Additionally, the Utilities Committee recommended the ordinance regarding this matter be
prepared and presented for first reading.
MOVED BY WITSCHI, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Finance Committee Chair Persson presented a report concurring in the staff recommendation to
approve the following payments:
1. Accounts Payable – total payment of $13,599,227.00 for vouchers 10048‐10060 and
363154‐363156, 363159‐363161, 363175‐363443; payroll benefit withholding vouchers
5730‐5740 and 363162‐363174; and eight wire transfers.
2. Payroll – total payment of $1,322,081.22 for payroll vouchers which includes 611 direct
deposits and 42 checks (January 01‐15 2018 pay period).
MOVED BY PERSSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
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February 12, 2018 REGULAR COUNCIL MEETING MINUTES
d) Finance Committee Chair Persson presented a report concurring in the staff recommendation to
waive the application fee for a setback variance for Juan Pablo and Esperanza Arroyos due to
economic hardship. In addition, the Committee recommended that the Arroyos’ pay the
applicable building permit fee, rather than a double‐fee that is applied to permits with code
compliance violations.
MOVED BY PERSSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
e) Finance Committee Chair Persson presented a report concurring in the staff recommendation to
authorize the Mayor and City Clerk to execute the consultant contract, not to exceed $100,000,
with Reid Middleton to review structural and non‐structural plans submitted to the City of
Renton. Reid Middleton has provided structural and non‐structural plan review services, verifying
compliance to Renton City Code requirements. The amount of reviews they conduct for the City
of Renton has varied, based primarily on the level of projects being presented to the City, and
also fluctuates with the level of City plan review employees on staff.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
f) Finance Committee Chair Persson recommended concurrence in the staff recommendation to
authorize converting the budgeted Limited Term Capital Project Coordinator position to a full
time position.
MOVED BY PERSSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Resolution:
a) Resolution No. 4332: A resolution was read declaring an emergency for the purposes of
replacing a failed storm system at Rainier Avenue North.
MOVED BY WITSCHI, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
Ordinance for first reading:
b) Ordinance No. 5878: An ordinance was read vacating a portion of N 38th St. between
Meadow Ave N. and I‐405 (James Tasca, Petitioner; VAC 15‐001; PRM‐25‐0064).
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
Ordinance for second and final reading:
c) Ordinance No. 5877: An ordinance was read amending Section 2‐17‐2 of the Renton
Municipal Code adding one voting member from the Benson Hill Neighborhood to the Airport
Advisory Committee, and providing for severability and establishing an effective date.
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
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NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
Councilmember Persson requested a report summarizing the final costs for the emergency
repairs conducted to replace the failed storm system located under Rainier Ave. N.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED.
TIME: 7:39P.M.
February 12, 2018 REGULAR COUNCIL MEETING MINUTES
Jason Seth, Recorder
Monday, February 12, 2018
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Council Committee Meeting Calendar
February 12, 2018
February 15, 2018
Thursday
8:30 AM – 5:00 PM Council Retreat, Maplewood Greens, Cedar Room
February 16, 2018
Friday
8:30 AM – 4:30 PM Council Retreat, Maplewood Greens, Cedar Room
February 19, 2018
Monday
NO MEETINGS COUNCIL HOLIDAY
February 22, 2018
Thursday
CANCELLED Utilities Committee, Chair Witschi
CANCELLED Planning & Development Committee, Chair McIrvin
February 26, 2018
Monday
5:00 PM Finance Committee, Chair Persson – Council Conference Room
1. Vouchers
2. Emerging Issues in Revenue Streams
CANCELLED Public Safety Committee, Vice Chair Corman
5:30 PM Committee of the Whole, Chair Prince – Conferencing Center
1. Safe and Healthy Housing Recommendations
2. Renton River Days Funding Alternatives
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January3,201$CITYOFRN1uFCFk/JuanandEsperanzaArroyosJAN5?018$54DaytonAveNEDEVELOPMENTRenton,WA9056SERVICESDearChipVincent,BothmywifeandIdecidedtorepairandreplaceourcarportthatwasbecomingverydangerousandunsafe.Thepre-existingonewasfallingapartandcouldpotentiallycauseharmbeingthatpiecesofthefiberglassceilingwereloose.Duringwindydaysandheavyrainfallpieceswerefoundonthegroundandwebecameconcernedforthesafetyofothers,ourselvesandourvisitors.Wefearedthatatsomepointpiecesofthematerialweregoingtodamagetheneighbor’svehicleorthemselves.DuringavisitofmybrotherinlawfromArizona,heofferedtohelpusreplacethepre-existingcarporttoamorefirmandsteadystructure.Wewereverymotivatedtodosobecausewerecognizedthatthismatterneededattention.Weliketomakeapositivecontributiontoourneighborhoodandwecareaboutmaintainingacleanenvironment.Whatwedidnotrealizeatthetimeisthatweneededapermittoremoveandreplacelikeforlike.Duetothecarportbeinginplaceasfromwhenwepurchasedthehomeroughlymorethan20yearsagowedidnotseethisasa“new”constructionbutyetareplacementandrenovationofwhathadbeeninplace.Atleastfourofourneighborsareawareofoursituationandaresaddenedbythepossibilityofusneedingtoremoveourstructure,theyallhaveagreedinwritingthatthishavegivenagoodimpacttotheneighborhoodandthisstructureissaferthanthepreviousone.Ourintentionsforthisdecisionwasnottoviolateanycodebuttomakethissaferandhazardousfree.MonaDavishasbeenveryhelpfulintheguidanceprocessofwhichwemuchappreciateandouronlyoptioncurrentlyistoapplyforavariance.Wefaceafinancialhardshipinpayingthepermitfeeof$1,300,plus3%technologyfeewithoutreliancethatitwillbegranted.Wehavespentapproximatelyover$2,000onthecarport.Wealsopaidadesignertohelpusbringthecarportintocomplianceanddraftupplansthatcan’tworkwithoutthevarianceapproval.Ontopofallthiswereceivedacodeviolationfineof$100.00on11/20fornotunderstandinghowtoproceedtocorrecttheviolation.Thishasbecomeaverystressfulmatterandhasbeguntoaffectourhealthmostlybecauseourintentionswerenottoviolateanycodeandorrulebuttomakethissaferanditwouldbeunfortunatetohavetotearitdownandnotbeabletohaveacarportthatwouldfitourcar.WereachouttoyouforguidanceregardingourcarportandthankeveryonewhoishelpinglookforapositivesolutionBestRegards,JuanandEsperanzaArroyos—O5C(Er+DocuSign Envelope ID: A1566206-BEAF-4DF8-9E65-52BCBB61AAEB
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE: February 12, 2018
TO: Ed Prince, Council President
Members of Renton City Council
VIA: Denis Law, Mayor
FROM: C.E. ‘Chip’ Vincent, Administrator
STAFF CONTACT: Jennifer Henning, Planning Director
SUBJECT: Arroyos Carport Fee Waiver
ISSUE:
A homeowner has requested to have the application fee associated with a setback
variance waived due to economic hardship.
RECOMMENDATION:
Staff recommends approval of the fee waiver request for this property owner due to
economic hardship, in order to allow the owner to submit an application for a setback
variance for a carport. Staff also recommends that the double-fee, normally charged for
building permits associated with a code compliance action, be waived.
DISCUSSION:
The property owner residing at 854 Dayton Ave NE purchased their home in 1996. The
home was constructed in 1942 and had an existing attached carport. Recently, the 75-
year old carport was failing, with pieces of the structure falling on the ground during
windy and raining conditions. The original carport was demolished by the owner and a
family member and replaced in generally the same location with a slight expansion
toward the street. The owner did not realize that permits were needed for the
replacement of the structure.
The property is zoned Residential – 8 Dwelling Units per Acre (R-8). A minimum front
yard setback of 20 feet and a minimum side yard setback of 5 feet are required in the R-
8 Zone. The original and replacement carport meet the front yard setback. However,
the original carport was constructed when the property was within King County, and
had a 0-foot setback from the side yard property line. The new carport also has a 0-foot
setback from the side yard property line, and the nonconformity is incrementally
increased as the extended roof area also has a 0-foot setback from the side yard. As the
minimum setback of the structure is not compliant with the side yard setback of the R-8
Zone, and because the structure was in place before being annexed to Renton, it is
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Ed Prince, Council President
Page 2 of 2
February 12, 2018
therefore considered to be non-conforming. Renton Municipal Code regulates a non-
conforming structure such that any legally established nonconforming structure may
remain as long as it is not abandoned, and is kept in a safe and secure condition.
Enlargements to the non-conforming structure are not permitted unless set back at
least 3 feet from any property line. In this instance, replacement of the carport was the
only viable way to keep the structure in a safe and secure condition. As the new carport
(including the extended roof area) is located less than 3 feet from the side yard property
line, a setback variance is needed in order to retain the replacement carport.
This situation came to light when a complaint was received by Code Compliance.
Investigation confirmed that the structure had been replaced without building permits.
The owners have been in regular contact and have fully cooperated with staff; they have
stated that they did not intentionally violate City codes. The owner is willing to apply for
and pay for the necessary building permits in order to retain the carport. The Arroyos’
have expended more than $2,000 on the repair, and have paid a $100 code violation
fine. They also state that they lack the financial resources to pay the $1,300 variance
application fee (plus applicable technology fee), and that they have resources to pay for
the processing of the building permit for the carport.
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