HomeMy WebLinkAboutD_Apex LLA Decision_LUA20-000064April 9, 2020
Dan Touma
Touma Engineers
255 SW 41st Street
Renton, WA 98057
SUBJECT: NOTICE OF LOT LINE ADJUSTMENT DECISION
Apex Lot Line Adjustment, LUA20-000064, LLA
Dear Mr. Touma:
The City of Renton has finished reviewing your proposed lot line adjustment. A lot line
adjustment shall only be used to transfer land between abutting legally created lots for
the purpose of rectifying a disputed property line location or freeing such a boundary
from any difference or discrepancies, improving lot design or access, or attaining
compliance with Title IV standards or requirements.
Section 4-7-060B, lists 4 principles of acceptability that the Administrator or designee
considers, along with all other relevant information, when making a decision on a Lot Line
Adjustment application. A lot line adjustment shall be consistent with the following
principles of acceptability:
Principals of Acceptability Compliance
1.Correcting: Adjust lot lines including the elimination of a common
lot line in order to correct property line or setback encroachments;
Staff Comment: The applicant is requesting a Lot Line Adjustment to
adjust the lots lines for three existing parcels: parcel numbers
1823059005, 18230590778, and 9133600040. The total area of all
three lots is 127,331 square feet. The applicant is proposing to reduce
Lot 1 (parcel number 1823059005) from 44,397 square feet to 17,924
square feet. Lot 2 (parcel number 1823059078) is proposed to be
reduced from 60,390 square feet to 40,779 square feet, and Lot 3
(parcel number 9133600040) is proposed to be increased from
22,544 square feet to 68,628 square feet. All three parcels are
Compliance
Not Met
City of Renton Department of Community & Economic Development
Apex Lot Line Adjustment
Administrative Modification Report & Decision
LUA20-000064, LLA
Report of April 9, 2020 Page 2 of 5
located in the Residential-8 (R-8) zoning designation. Currently Lots
1 and 2 are vacant, rectangular shaped lots that are accessed via
Stevens Ave NW to the east. Lot 3 is a pentagon shaped lot that is
currently occupied by an existing single-family home (proposed to be
retained) and gains access via a dead-end cul-de-sac to the south
(Seneca Ave NW). Access for all three lots are proposed to remain as-
is. Currently, lots 2 and 3 have a shared property line, with a width of
only 17 feet (Exhibit 1). On lots 1 and 2, a protected slope runs down
the middle of the lots from north to south, which serves to separate
the west half of the lots from the east half of the lots. As a result, the
applicant states that the west half of lots 1 and 2 will be unusable for
the future property owners of these lots. Therefore, the applicant
seeks move the rear property line of lots 1 and 2 to the east, abutting
the top of the slope, in order to allocate the land area on the top of
the slope to Lot 3. The applicant argues that this would create
useable space for this land area on the top of the slope, which would
be used for additional yard space for Lot 3. This additional yard space
would only be accessible to Lot 3 via the 17 width narrow space with
which is currently the shared lot line of Lots 2 and 3.
While staff does agree that accessing the upland portion of Lot 2 and
3, as currently configured, is challenging, the proposed line
adjustment does not serve to correct lot lines or eliminate
encroachments, rather the proposed LLA is a significant change from
the current configurations, results in a unusual lot shape for Lot 3
(Exhibit 1), and increases nonconformity with RMC 4-7-170,
Residential Lots – General Requirements and Minimum Standards.
For example, proposed Lot 3, which currently has 5 corners, would
result in a lot with 10 to 12 corners. This proposed unusual lot shape
does not meet the intended objectives of Renton Municipal Code for
improving lot design. While the proposed Lot 3 does not meet the
strict definition of a flagpole lot, it does create the same undesirable
effect of having a portion of a lot only accessible to the public street
via a narrow portion of the lot. In addition, this proposed design
creates challenges for application of code regulations in the future,
including setbacks. Furthermore, per RMC 4-7-170A, “insofar as
practical, side lot lines shall be at right angles to street lines or radial
to curved street lines.” Existing Lots 1, 2, and 3 currently comply with
this code requirement; however, the proposed lot line adjustment
does not comply with this requirement, and therefore increases
nonconformity with current code.
2.Improving: Create better lot design, or improve access;Compliance
Not Met
City of Renton Department of Community & Economic Development
Apex Lot Line Adjustment
Administrative Modification Report & Decision
LUA20-000064, LLA
Report of April 9, 2020 Page 3 of 5
Staff Comment:
The applicant states that the purpose of the lot line adjustment is to
allocate upland land area, which is current not accessible to the
lowland area of Lot 1 and 2, to Lot 3. The applicant states that this
proposal improves accessibility to this portion of the lots, which is
currently unusable by the property owners because of the steep
slopes that divide the lots in half. While the proposal does increase
accessibility to this upland area, the proposal does result in
nonconformity with RMC 4-7-170, as stated above. In addition, while
the code does encourage improving accessibility, the objective of this
code is to ensure that all lots have access to a public or private street.
The purpose of this code is not to ensure that all areas of a lot are
accessible, especially at the expense of compliance with code
requirements or lot design.
3.Approval Criteria:
a.An additional lot, parcel or tract shall not be created; and
b.The subject lots, parcels or tracts are within the same zoning
district; and
c.The proposed adjustments shall not cause the lots, parcels or
tracts to increase the nonconformity with respect to
applicable zoning (see RMC 4-2), subdivision and other code
requirements pertaining to lot design, building location, and
development standards; and
d.The adjusted lot line(s) is shared by the subject lots.
Staff Comment:
No additional lots or tracts were created as part of this lot line
adjustment, the adjusted lot lines are shared by the subject lots, and
all three lots are located within same zoning designation. However,
as stated above, the proposed lot line adjustment does not comply
with RMC 4-7-170A, which requires that side lot lines shall be at right
angles to street lines or radial to curved street lines. The proposal
does not improve lot design, but rather creates unusual lot shapes,
which is not the intended objective of the code.
Compliance
Not Met
4.Non-Evasive: Lot line adjustments shall not serve to eliminate or
circumvent any state or local requirements, including but not limited
to frontage improvements, payment of fee-in-lieu, payment of
latecomer fees or the installation of required infrastructure.
a.Assessment of fees, right-of-way dedication and frontage
improvements for the entire length of the property line(s)
Compliance
Not Yet
Demonstrated
City of Renton Department of Community & Economic Development
Apex Lot Line Adjustment
Administrative Modification Report & Decision
LUA20-000064, LLA
Report of April 9, 2020 Page 4 of 5
bordering rights-of-way may be required as a condition of
approval for a lot line adjustment.
b.Lots, parcels or tracts that are increased in area by lot line
adjustments shall not be permitted to be subdivided for five
(5) years following the date upon which the lot line
adjustment is recorded or three (3) years following the
approval of a lot line adjustment, whichever is longer, unless
the following is met:
i.The subdivision application includes all lots, parcels
and tracts involved in the lot line adjustment in the
overall subdivision; or
ii.All required infrastructure, including but not limited
to frontage improvements, required infrastructure
and utility lines are constructed along the frontage of
all lots included in the lot line adjustment. (Ord.
5728, 10-20-2014)
Staff Comment:
Currently lots 1 and 2 are vacant, rectangular shaped lots that are
accessed via Stevens Ave NW to the east. Lot 3 is a pentagon shaped
lot that is currently gains access via a dead-end cul-de-sac to the
south (Seneca Ave NW). Access for all three lots are proposed to
remain as-is. The proposed lot line adjustment did not include
frontage improvements or right-of-way dedication. Complete street
standards under RMC 4-6-060 would be reviewed if a building or land
use permit application is submitted for these lots.
The proposed lot line adjustment does not rectify a disputed property line, improve
design or access, or result in compliance with Renton Municipal Code Title IV; therefore,
the proposed lot line does not meet the intent, purpose, or principals of acceptability for
approval of a lot line adjustment.
DECISION: The proposal does not satisfy 3 of the 4 principles of acceptability listed in 4-
7-060B for approval of lot line adjustments. Therefore, the proposed Apex Lot Line
Adjustment, Project Number LUA20-000064, LLA is denied.
This decision to deny the proposed lot line adjustment is subject to a fourteen (14) day
appeal period from the date of this letter. Any appeals of the administrative decision
must be filed with the City of Renton Hearing Examiner by 5:00 pm, April 23, 2020. Due
to the Governor Inslee’s “Stay Home, Stay Healthy” order (Proclamation 20-25), the City
Clerk’s Office is working remotely. For that reason appeals must be submitted
electronically to cityclerk@rentonwa.gov. The appeal fee, normally due at the time an
City of Renton Department of Community & Economic Development
Apex Lot Line Adjustment
Administrative Modification Report & Decision
LUA20-000064, LLA
Report of April 9, 2020 Page 5 of 5
appeal is submitted, will be collected at a future date. Appeals to the Examiner are
governed by RMC 4-8-110 and information on the appeal process may be obtained from
the City Clerk’s Office, cityclerk@rentonwa.gov.
If you have further questions regarding this project, please contact me at
aweihs@rentonwa.gov.
Sincerely,
Angelea Weihs
Associate Planner
cc: Apex Development, James and Lynette Lotterer/ Owner(s)
Vann Lanz/ Applicant