HomeMy WebLinkAboutAdministrative Reconsideration - Gill CITY OF RENTON
JUL 2 6 2019
City of Renton RECEIVED IC t
Development Department CITY CLERK'S OFFICE
1055 S. Grady Way
Renton, WA 98057
7/25/19
To City of Renton Development Department,
This letter is regarding the reconsideration of project number PR19-000001 and land use
file number LUA19-000140, MOD. The reconsideration is regarding the request modification to
allow two homes 1001 N 33rd P1 (APN 3342102040)to use N 33rd P1 for vehicular access. This
request would disregard the alley ROW located at the back of the property.
The property itself was purchased in March 2019 and prior to the purchase of the
property a feasibility study was conducted with the City of Renton. This study was done on
March 7th, 2019 by Brianne Bannwarth, PE (Development Engineering Manager). She had told
us that having the garages facing the N 33'P1 would not have been an issue. Through King
Country records it was shown that there was an undeveloped alley behind the property and after
double checking with Brianne the next day she had said not to worry about the alley due to it
being undeveloped. Next, our architect acquired the requirements from the City of Renton in
order to start making house plans and the City of Renton contradicted Brianne's statement and
required the garages to be made facing the back of the property. A modification request
application was filled out on May 21st, 2019 and as of July 12th, 2019 the modification request
was denied.
With this being said, I would like to provide statements on why the modification request
should be further reconsidered. First, the site is mapped with sensitive slopes and the alley way
would need to be supported by a retaining wall. This would make the alley ROW narrow.
In regard to the modification criteria and analysis to provide alternatives for vehicle access:
a. The removal of brush and trees would allow for better visual for the driver's safety. To
promote"the amount of green and pervious surfaces" alternating trees would be planted.
Along with the planting of the trees, an alternative side walk/curb in front of my
properties would further promote the safety of pedestrian traffic.
b. With the staff's statement regarding vehicular/pedestrian conflict would be addressed as
stated above. The use of a sidewalk/curve would promote the safety of pedestrian traffic.
The pedestrian traffic on N 33rd P1 is observed to be little to none, further having
vehicular/pedestrian incidents to be a low percentage. With the addition of the garage
facing N 33rd P1 this would promote the use of a driveway and further decreases the use
of street parking in front of my properties as the driveway and garages would be fully
utilized. This would promote better road access for Renton fire Authority and other
response vehicles as the street parking would be decreased. If the garage were to be
behind the house and facing the alley ROW this would push the house forward towards N
33rd P1 and further promote street parking that could be entirely avoided. In regard to the
blank facade created by the garage, the use of new laminate glass styled garages would
promote the use of"meaningful glazing" and break the monotony by using a different
material. Further, other materials such as stones can be used to break up the blank facade.
c. The staff concurs with our contention that utilizing N 33rd PI for vehicular access by
orienting the garage towards the street would not be injurious to nearby properties.
d. As listed in the Modification Criteria and Analysis, look at section"b." of the list for
reasoning.
e. The staff stated, "three existing homes already utilize the alley for access". This
statement regards the three homes that are on the far most east part of N 33rd P1 as they
are exposed to Park Ave as well. The use of an alley ROW is appropriate as they
encounter more vehicular and pedestrian traffic. The staff also stated, "building permits
for two other homes that will utilize alley access were recently approved on the same
block as the subject site". These homes are located on the far most west side of N 33rd PI
and are exposed to Burnett Ave and use of the alley ROW is appropriate as they also
encounter more vehicular and pedestrian traffic. The location of the project site(1001 N
33rd Pl)is located near the middle of the neighborhood and experiences a significantly
less amount of traffic than the five other homes that were stated by the staff. Overall, the
use of the alley ROW is not needed for the project site as the site experiences less traffic.
f. The staff concurs with our contention that utilizing N 33rd P1 for vehicular access by
orienting the garage towards the street would not be injurious to nearby properties.
In conclusion, we are asking for further reconsideration of the modification request as many
comments left by the staff have been further answered.
Sincerely,
H • 'der gi
(206) 979- 20
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DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT 3
IN
A.ADMINISTRATIVE MODIFICATION REPORT&DECISION
Decision: ❑APPROVED ❑APPROVED SUBJECT TO CONDITIONS ® DENIED
Report Date: July 12, 2019
Project File Number: PR19-000001
Project Name: Gill Modification
Land Use File Number: LUA19-000140, MOD
Project Manager: Alex Morganroth, Associate Planner
Owner/Applicant/Contact: Harjinder Gill, Majestic Homes LLC, 11827 SE 227 PI, Kent, WA 98031
Project Location: 1001 N 33rd PI
Project Summary: The applicant is requesting a modification from RMC 4-4-080 Parking, Loading
and Driveway regulations in order to allow for two proposed homes at 1001 N
33rd PI (APN 3342102040)to utilize N 33rd PI for vehicular access instead of the
alley ROW at the rear of the property.The site is located in the Residential-8
du/ac(R-8) zone and has a Comprehensive Plan Land Use Designation of
Residential Medium Density (MD). Per RMC 4-4-080.F.7,for lots in the R-6 and
R-8 zone abutting an alley, all parking areas shall be located at the rear side of
the building and vehicular access shall be taken from the alley. The applicant
intends to divide the property into two separate lots and construct one new
single-family home on each lot.The applicant contends that they should not be
required to utilize the alley for access since most other homes on the block
already utilize N 33rd PI for vehicular access. In addition,the applicant is wary of
disrupting fences and landscaping that adjacent property owners have planted
in the alley ROW. A sensitive slope is located near the SE corner of the
property.
Site Area: 0.023 acres
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Project Location Map
D Modification Decision_190705 v3_FINAL
DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9
City of Renton Department of Community&Economic Development Administrative Modification Report&Decision
Gill Modification LUA19-000140,MOD
Report of July 12,2019 Page 2 of 5
B. EXHIBITS:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Modification Request Justification
Exhibit 3: Site Plan
C. PROJECT DESCRIPTION/BACKGROUND
The applicant intends to divide the existing lot into two new lots and construct one new single-family home on
each lot. The lots is adjacent to an existing unimproved alley ROW. Five other lots on the block already utilize an
improved portion of the alley to the east of the project site. In addition,two new homes to be located on parcel
numbers 3342102005 and 3342102010 to the east of the project site are required to utilize the alley for access
as a condition of a lot dimension variance approved in conjunction with a legal lot segregation (LUA17-000357).
D. FINDINGS OF FACT(FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on June 21,
2019 and determined the application complete on the same day.The project complies with the 120-day
review period.
2. The applicant's submittal materials comply with the requirements necessary to process the modification
request (Exbibits 1 and 2)
3. The project site is located at 1001 N 33rd PI.
4. The project site is currently vacant.
5. Access to the site would be provided via N 33rd PI and the alley at the rear of the site.
6. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use
designation.
7. The site is located within the Residential-8 du/ac(R-8)zoning classification.
8. There are approximately nine (9)trees located on-site.The applicant did not propose the removal of any
trees as part of the modification applicatoin.
9. The site is mapped with sensitive slopes.
10. The applicant is proposing to begin construction in mid-2020 and end in early 2021.
11. Modification Analysis:The applicant is requesting a modification from RMC 4-4-080 in order to allow two
proposed single-family homes with alley ROW access to orient the garages towards N 33"d PI and to allow
vehicular access from N 33rd PI for both lots.The proposal is not compliant with the following modification
criteria,pursuant to RMC4-9-250.Therefore,staff is recommending denial of the requested modification.
a. Substantially implements the policy direction of the policies and objectives of the
Comprehensive Plan Land Use Element and the Community Design Element and
the proposed modification is the minimum adjustment necessary to implement
Not compliant these policies and objectives.
Staff Comment: The purpose of requiring alley-oriented garages and vehicular alley
access in the R-6 and R-8 zones is to improve pedestrian safety,reduce the visual impact
D Modification Decision 190705 v3 FINAL
DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9
City of Renton Department of Community&Economic Development Administrative Modification Report&Decision
Gill Modification LUA19-000140,MOD
Report of July 12,2019 Page 3 of 5
of garages on the street-scope, and increase the amount of green and pervious surfaces
in the front yard setback area. in the submitted justification, the applicant did not
provide any alternatives for vehicle access that would achieve similar objectives to those
of utilizing an alley.
In addition, the Comprehensive Plan Land Use Element includes a policy(L-50)intended
to promote a safe,healthy,and attractive community.Specifically, the policy states that
building and site design should"respond to specific site conditions such as topography,
natural features, and solar access to encourage energy savings and recognize the
unique features of the site through the design of subdivisions and new buildings". The
Kennydale neighborhood is uniquely positioned to take advantage of the existing alley
ROWs that have not been vacated and provide enough width for vehicles to travel
within.Accessing the two new homes from the street would be a missed opportunity to
utilize the adjacent alley ROW, a unique site feature, and would not support
implementation of policy L-50 as it relates to taking advantage of specific site conditions
or characteristics. Therefore the applicant's proposal for utilizing the street for access is
not consistent the policy direction in the Comprehensive Plan.
b. Will meet the objectives and safety, function, appearance, environmental
protection and maintainability intended by the Code requirements, based upon
sound engineering judgment.
Staff Comment: The applicant contends that inclement weather or an emergency
occurring within the alley would create the potential for safety hazards and therefore
alley access is not appropriate for the subject site.
Staff does not concur with the applicant's assessment. Conversely, staff believes that
improving the alley would actually promote safety and function by reducing the
possibility of a vehicular/pedestrian conflict on N 33'd PI, providing an additional access
point for the Renton Fire Authority or other response vehicles such as police vehicles, to
utilize during emergencies, and freeing up additional space on the road for street
parking. Based on the improved access to the subject lots created by the new paved
alley, a modification to waive this requirement would not meet the objectives of safety
Not compliant and function as intended by the code.
Although not specifically addressed by the applicant, the appearance of the two
proposed houses would be substantially improved by locating the garages at the rear
of the homes. Garages located in the front of homes built to R-8 standards can result in
the creation of a blank façade due to the width needed for a double-bay garage
combined with the small lot width (50 feet). Garage doors generally create a "blank
wall" look that severely limits opportunities for modulation, material changes, or
meaningful glazing. By locating the garage at the rear of the structure, the front facade
of the homes would more easily meet the Residential Design Standards of RMC 4-2-115
by providing additional space for glazing, doors, and porches, as intended by the code.
Furthermore, RMC 4-2-115E.1. Garages states "The minimization of the visual impact of
garages contributes to creating communities that are oriented to people and pedestrians, as
opposed to automobiles". Therefore the proposed modification would not meet the
objectives of safety, appearance, and function intended by the code requirements.
c. Will not be injurious to other property(ies) in the vicinity.
Staff Comment:The applicant contends that utilizing N 33'd Pi for vehicular access and
orienting the garage towards the street would not be injurious to the neighboring
properties, as the majority of nearby homes currently utilize the street for access.
D Modification Decision 190705 v3 FINAL
DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9
City of Renton Department of Community&Economic Development Administrative Modification Report&Decision
Gill Modification LUA19-000140,MOD
•
Report of July 12,2019 Page 4 of 5
Staff concurs with the applicant that requested modification would not be injurious to
other properties in the vicinity.
d. Conforms to the intent and purpose of the Code.
Not compliant
Staff Comment:See comments under criterion 'b'.
e. Can be shown to be justified and required for the use and situation intended; and
Staff Comment:The applicant did not address how accessing the two new homes from
the street instead of the alley is required for the proposed use and situation. Based on
Not compliant the fact that the alley ROW is existing and does not require dedication, and that three
existing homes already utilize the alley for access, staff can find no evidence that
approval of the modification is required in order to complete the project. In addition,
building permits for two other homes that will utilize alley access were recently
approved on the same block as the subject site.
f. Will not create adverse impacts to other property(ies) in the vicinity.
Staff Comment:See comments under criterion 'c'.
E. DECISION:
The proposal does not satisfy four of the six criteria listed in RMC 4-9-250 for approval of modifications.
Therefore,the Gill Modification(MOD), File No. LUA19-000140, MOD, is denied.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
, —
DocuSignedby:
Jennifer T. Henning 7/12/2019 I 4:28 PM PDT
".-1622F81979C9192...
Jennifer Henning, Planning Director Date
TRANSMITTED on July 12, 2019 to the Owner/Applicant/Contact:
Owner/Applicant/Contact:
Harjinder Gill, Majestic Homes LLC
11827 SE 227 PI, Kent,WA 98031
TRANSMITTED on July 12,2019 to the Parties of Record:
None
TRANSMITTED on July 12, 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
D Modification Decision 190705 v3 FINAL
DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9
City of Renton Department of Community&Economic Development Administrative Modification Report&Decision
Gill Modification LUA19-000140,MOD
Report of July 12,2019 Page 5 of 5
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 26, 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 Modification 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.
D Modification Decision 190705 v3 FINAL
DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9
•
CITY OF RENTON
O ca, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE MODIFICATION REPORT& DECISION
EXHIBITS
Project Name: Land Use File Number:
Gill Modification LUA19-000140, MOD
Date of Report Staff Contact Project Contact/Applicant Project Location
July 12, 2019 Alex Morganroth Harjinder Gill, Majestic Homes LLC 1001 N 33rd PI
Associate Planner 11827 SE 227 PI
Kent, WA 98031
The following exhibits are included with the Administrative Modification Report:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Modification Request Justification
Exhibit 3: Site Plan
DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-8A68-CC63C56484C9
City of Renton
Development Department
1055 S. Grady Way
Renton, WA 98057
5/21/19
To City of Renton Development Department,
My Name is Harjinder Gill. The address of the property that I own under my
company name (Majestic Homes LLC) is 1001 N 33rd Place Renton, Washington. It is a
10,200 square foot property with an older home on it. With this property I would like to
develop it into two short plats. This property was purchased in March 2019 and a
feasibility study was done that did not show any issues for facing Garage on 33rd place.
When I started developing this property I found that I have to develop an alley to Burnet
AVE on back of my property. At this point all of the garages within homes are facing 33rd
PL except two houses on corner of park avenue and 33rd place. The first house address
is 1121 33rd PL and second house is 1117 that are located on the corner of park avenue
and 33rd place. On east side of my property three houses, addressed as 1005, 1007,
and 1009 are brand new houses and their garages are facing 33rd place. On west side
of my property three houses (address numbers 909, 915, and 921) are in good
condition and have no plans to demolish in near future and build their garages facing an
alley. As stated above, all of the houses listed have their garages facing 33rd place and
not an alley way. The last house had an application to City of Renton for development
but again it's a corner lot and they can get benefit from alley to prevent any traffic/
accidents.
With that being said, I will be the only one using that alley except the two last
houses that ones are on 33rd place and Burnet AVE. In the cases of snow, bad weather,
fire, and any permitted case of emergency that disrupts transportation this alley way can
be seen as a safety hazard. The house on back side of my property is at least 6 feet
elevation to property and have a retaining wall that issues a large slope. With these
conditions the alley way would have to be at a slope which further safety issues
regarding transportation and flooding. Each house on either side of my property have
fully fenced yards with complete landscaping down. With the development of an alley
way, the neighbor's landscape and fencing will be disrupted and further be a burden
upon these people. With the requirement of the alley way development, there seems to
be more disturbances and safety issues versus actual benefit of having an alley way. I
will attach videos of the houses on that road showing house conditions and orientation
of the garage to further justify why I ask to face my garage on 33rd place. With this being
said, I would like to permission to waive the requirement of having an alley and allowing
the orientation of the garage to be facing 33rd place directly.
Sincerely,
Harjinder Gill
(206) 979-0920
Exhibit 2
DocuSign Envelope ID:8E8F2BDF-CFF2-4B0E-SA68-CC63C56484C9
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