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HomeMy WebLinkAboutD_Admin_Report_Hansra_Variance_190710_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Admin_Report_Hansra_Variance_190710_v1 A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: July 10, 2019 Project File Number: PR19-000263 Project Name: Hansra Covered Patio Variance Land Use File Number: LUA19-000132, V-A Project Manager: Clark H. Close, Senior Planner Owner: Paul and Ruby Hansra, 5507 NE 1st Pl, Renton, WA 98059 Applicant: See owner Contact: Tejpal (Paul) S. Hansra, 5507 NE 1st Pl, Renton, WA 98059 Project Location: 5507 NE 1st Pl, Renton, WA 98059 Project Summary: The applicant is requesting an Administrative Variance from the provisions of the Renton Municipal Code (RMC) regulating side yard setbacks, impervious surface, and building coverage for a rear covered porch addition to the existing single family structure in the Residential-4 (R-4) zone. The subject property is located at 5507 NE 1st Pl (APN 6664500090). The purpose of the variance is to allow the applicant to construct a 470 square foot covered patio attached to the rear southeast corner of the existing structure. The proposed covered porch would encroach up to 2'-6" into the 7'-6" east side yard setback and the porch roof would overhang an additional 5" beyond the porch decking. The lot is 8,130 square feet in area and the R-4 zone requires a maximum building coverage of 35 percent and a maximum impervious surface area of 50 percent. The applicant is requesting a building coverage of 40 percent and an impervious surface coverage of 54 percent. No critical areas were mapped on the project site and the no trees would be removed as part of the project. Site Area: 0.19 acres NE 1st Pl Lyons Ave NE DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 City of Renton Department of Community & Economic Development Hansra Covered Patio Variance Administrative Report & Decision LUA19-000132, V-A Report of July 10, 2019 Page 2 of 8 D_Admin_Report_Hansra_Variance_190710_v1 B. EXHIBITS: Exhibit 1: Administrative Staff Report and Decision Exhibit 2: Site Plan Exhibit 3: Neighborhood Detail Map Exhibit 4: Photos Exhibit 5: Public Comment Letter from Hoang (Mike) and Elisabeth Tran Exhibit 6: Parklane Court Plat C. GENERAL INFORMATION: 1. Owner(s) of Record: Paul and Ruby Hansra, 5507 NE 1st Pl, 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: 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: 0.19 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 Knight Annexation A-99-002 4876 12/13/2000 E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Zoning Districts – Uses and Standards a. Section 4-2-020: Purpose and Intent of Zoning Districts DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 City of Renton Department of Community & Economic Development Hansra Covered Patio Variance Administrative Report & Decision LUA19-000132, V-A Report of July 10, 2019 Page 3 of 8 D_Admin_Report_Hansra_Variance_190710_v1 b. Section 4-2-110: Residential Development Standards 2. Chapter 9 Permits – Specific a. Section 4-9-250: Variances, Waivers, Modifications, and Alternates 3. 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 June 12, 2019 and determined the application complete on June 18, 2019. 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 outdoor deck and associated roof cover (collectively “patio” or “porch”) addition to the existing single family structure. The rear patio would encroach up to two foot six inches (2'-6") into the side yard setback and exceed allowed building coverage by five percent (5%) and impervious surface coverage by four percent (4%). The minimum required side yard setback in the R-4 zoning district is a combined 20 feet with not less than seven and a half feet (7.5’) on either side. The 470 square foot proposed covered patio is proposed to be attached to the south side of the existing single family home, toward the east side of the property. 3. The applicant’s submittal material complies with the requirements necessary to process a variance request. The applicant’s site plan, neighborhood detail map and photos of the existing conditions are provided as Exhibits 2 -4. 4. The project site is located on a 0.19 acre (8,130 square feet) parcel at 5507 NE 1st Pl, Renton, WA 98059 (APN 6664500090). 5. The project site is currently developed with a single family residential home and the parcel is surrounded by existing residential uses. 6. Access to the site is provided via NE 1st Pl. 7. The property is located within the Residential Low Density (LD) Comprehensive Plan land use designation. 8. The site is located within the Residential-4 (R-4) zoning classification. 9. The applicant is proposing to retain all existing trees as part of the rear covered patio addition. 10. No critical area are mapped on the project site. A wetland is located to the east of the subject site in Tract A of the Parklane Court subdivision. 11. As part of the application submittal, the applicant provided a comment letter from the neighbor (Hoang (Mike) and Elisabeth Tran) to the east (Exhibit 5). To address public comments the following report contains analysis regarding the variance request. 12. No other public or agency comment letters were received. 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. DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 City of Renton Department of Community & Economic Development Hansra Covered Patio Variance Administrative Report & Decision LUA19-000132, V-A Report of July 10, 2019 Page 4 of 8 D_Admin_Report_Hansra_Variance_190710_v1 14. Comprehensive Plan Compliance: The site is designated Residential Low Density (LD) 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 if all conditions of approval are met: 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. 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 side yard setback area. The applicant maintains that strict adherence to current development standards would not allow a covered patio in the rear yard (that extend along the side yard in a manner such that the covered patios follow along the side of the existing home) that is enjoyed by all or nearly all properties in the vicinity (the Parklane Court development – Exhibit 6). Furthermore, the applicant contends that without a covered patio, the backyard is practically unusable due to privacy issues and lack of protection from the rain during most of the year and/or extreme sun during the summer months (due to the backyard being south facing). The subject property was part of the Knight Annexation in 2000, platted in March 2007 under the 10-lot Parklane Court Plat, and the single family home was built on 8,130 square foot lot (Lot 9) in 2007. At the time on building permit review, the minimum side yard setback in the Residential-4 (R-4) zone was 5 feet. As a result, most side yards of the homes constructed in the Parklane Court Plat were built with five-foot (5’) side yard setbacks. New development standards for side yard setbacks, maximum building coverage, and maximum impervious surface area were adopted in 2015. As a result of these new development standards, the neighborhood contains a significant number of legally non-conforming lots that don’t comply with current R-4 development regulations. The minimum lot size was increased from 8,000 square feet to 9,000 square DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 City of Renton Department of Community & Economic Development Hansra Covered Patio Variance Administrative Report & Decision LUA19-000132, V-A Report of July 10, 2019 Page 5 of 8 D_Admin_Report_Hansra_Variance_190710_v1 feet, the minimum five foot (5’) wide side yard setback was increased to a combined 20 feet with not less than seven and a half foot (7.5’) on either side, and the maximum impervious surface area was reduced from 55% to 50%. The existing lot is configured as follows: 8,130 square feet, 60 feet wide, and 135.5 feet in depth. The other lots within the ten lot plat are similar in size and dimension as the subject parcel. Due to the smaller lot sizes many of the existing homes would have a difficult time complying with building coverage or impervious surface levels of the R-4 zone, should any additions be proposed. Finally, the applicant contends that the lot dimensions are more aligned with the Residential (R-6) zone (minimum lot size of 7,000 square feet, minimum lot width 60 feet, maximum building coverage 40%, and maximum impervious coverage of 55%) and if the property was zoned R-6 the proposed project would meet maximum building coverage and maximum impervious surface requirements. Staff has reviewed the proposed variance request and concurs that strict adherence to the side yard setback, building coverage, and impervious surface requirements may cause unnecessary hardship by depriving the applicant the ability to maintain a modicum of privacy in his rear yard. Staff concurs that several other residential property owners in the vicinity have homes that encroach into their side yard setbacks and were constructed with building and impervious surface coverages greater than what is allowed by current code. These existing encroachments exacerbate the privacy issue that the property owner now faces. These circumstances could be mitigated by constructing a smaller covered patio that doesn’t follow the existing setback line of the home. However, current development standards do not allow much more building coverage or impervious surface coverage for the property without the approval of a variance, thus restricting the owner’s ability to mitigate the hardship he is facing. Staff also recognizes that under current residential development standards a smaller detached accessory structure could otherwise be permitted within the rear yard with no side or rear yard setbacks. Therefore, staff agrees that an attached covered patio is a reasonable alternative to a detached 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 rear covered patio 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. All or nearly all of the homes in the vicinity encroach into the side yard setback, including the existing home on the subject property. As a result, granting the variance would not have a negative visual impact on the surrounding property owners, as the proposed development corresponds to the existing built development pattern of the subdivision. In addition, the applicant obtained a letter from their next door neighbors whose property is located immediately adjacent or east of the proposed covered patio (Exhibit 5). According to the applicant and the owner of the abutting parcel, the neighboring Tran property would be the most directly impacted by the addition of the covered patio. The letter from the Tran’s indicated that they would “have absolutely no objection to the installation of the proposed covered patio.” The proposed location of the covered patio fits into a nook in DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 City of Renton Department of Community & Economic Development Hansra Covered Patio Variance Administrative Report & Decision LUA19-000132, V-A Report of July 10, 2019 Page 6 of 8 D_Admin_Report_Hansra_Variance_190710_v1 the rear elevation and would be approximately 30 feet from the south property and approximately 32 feet from the west property line. The covered patio could be constructed to comply with the minimum required combined 20-foot combined side yard setbacks (the west side of the house has a 5-foot side yard setback) in order to comply with the minimum side yard setbacks of the R-4 zone. Alternatively, the covered patio could be detached from the primary structure and would have a zero foot side yard and rear yard setback. Staff has reviewed the applicant’s justifications and 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 covered patio.  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 structures in the Parklane Court Plat encroach into the side yard setbacks, in addition to having impervious surface and building coverages greater than levels allowed by code. The applicant also contends that the proposed variance would allow them to expand their home in a manner that is similar to other homes in the vicinity. 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 two and a half foot (2.5’) encroachment into the side yard setback, which is the minimum variance for a covered patio consistent with development patterns in the neighborhood. The applicant is proposing to align the side of the covered patio with the side of the existing home, which is common with other homes in the neighborhood. The applicant notes that the rearmost portion of the covered patio would still measure about five feet (5’) from the required 25-foot rear yard setback and that this is important when considering the size of the proposed 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 project goals. The applicant’s desired purpose is to provide an outdoor recreational space with adequate weather protection and to provide inside and outside privacy at this residence. As such, the addition would be required to be located near the existing rear door on the south side of the home (this is the same location as the existing uncovered concrete patio). Therefore, the proposed DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 City of Renton Department of Community & Economic Development Hansra Covered Patio Variance Administrative Report & Decision LUA19-000132, V-A Report of July 10, 2019 Page 7 of 8 D_Admin_Report_Hansra_Variance_190710_v1 addition is found to be the minimum size necessary to achieve the desired purpose of the project. H. 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 7. 2. The subject site is 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, see FOF 8. 3. The proposed 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. I. DECISION: The Hansra Covered Patio Variance, File No. LUA19-000132, V-A, 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 on July 10, 2019 to the Owner/Applicant/Contact: Owner/Applicant/Contact: Tejpal (Paul) and Rupinder (Ruby) Hansra 5507 NE 1st Pl Renton, WA 98059 TRANSMITTED on July 10, 2019 to the Parties of Record: Hoang (Mike) and Elisabeth Tran 5513 NE 1st Pl Renton, WA 98059 TRANSMITTED on July 10, 2019 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Amanda Askren, Property & Technical Services Manager Vanessa Dolbee, Current Planning Manager DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 7/10/2019 | 9:02 AM PDT City of Renton Department of Community & Economic Development Hansra Covered Patio Variance Administrative Report & Decision LUA19-000132, V-A Report of July 10, 2019 Page 8 of 8 D_Admin_Report_Hansra_Variance_190710_v1 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 July 24, 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 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: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Hansra Covered Patio Variance Land Use File Number: LUA19-000132, V-A Date of Report July 10, 2019 Staff Contact Clark H. Close Senior Planner Project Contact/Applicant Tejpal (Paul) S. Hansra 5507 NE 1st Pl Renton, WA 98059 Project Location 5507 NE 1st Pl, Renton, WA 98059 The following exhibits are included with the variance report: Exhibit 1: Administrative Staff Report and Decision Exhibit 2: Site Plan Exhibit 3: Neighborhood Detail Map Exhibit 4: Photos Exhibit 5: Public Comment Letter from Hoang (Mike) and Elisabeth Tran Exhibit 6: Parklane Court Plat DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 3068 UP 21'-9 7/8" 11 '-1 9 /16 " 6'-7 3/1 6" 2 '-4 1 5/1 6 " 10 '-9 3 /4" 1 4'-6 " 25 '-2 1 5 /1 6 " 4 2 ' 5 ' 3 0 '- 0 1 /4 " H O U S E POR CH S id e w a lk P ro p e rty lin e P ro p e rty lin e F e n c e H A N S R A C O V E R E D P A T IO V A R I A N C E A D D R E S S . 5 5 0 7 N E 1 S T P L R E N T O N , W A 9 8 0 5 9 S C A L E 1 '' = 2 0 ' R o o f o ve r h a n g 5 '' N E 1 S T P L 5 '-3 1 /1 6 '' P ro p e r ty lin e R o o f o v e rh a n g 1 6 '' R o o f o v e r h a n g 5 '' R o o f o v e rh a n g 5 '' D R I V E W A Y E x istin g c o n c re te s la b 2 4 3 .5 s q ft C o v e re d P a tio EXHIBIT 2 RECEIVED Clark Close 06/12/2019 PLANNING DIVISION DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 Neighborhood Detail Map EXHIBIT 3 RECEIVED Clark Close 06/12/2019 PLANNING DIVISION DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 EXHIBIT 4RECEIVEDClark Close 06/12/2019PLANNING DIVISIONDocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 EXHIBIT 5 RECEIVED Clark Close 06/12/2019 PLANNING DIVISION DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 EXHIBIT 6 DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5 DocuSign Envelope ID: 7BBF5BC4-2615-4BE5-9456-A94009EACFA5