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HomeMy WebLinkAboutD_Admin_Decision_Dye_Parking_Pad_071003REPORT & DECISION DECISION DA TE Project Name: Owner: Applicant/Contact: File Number: Project Manager: Project Summary: Project Location: Exist. Bldg. Area gsf: Site Area: City of Renton Department of Planning I Building I Public Works ADMINISTRATIVE VARIANCE LAND USE ACTION October 3, 2007 Dye Parking Pad Patrick Dye; 7029 Ripley Lane N; Renton, WA 98055 Bob Dye; 7029 Ripley Lane N; Renton, WA 98055 LUA-07-094, SME, V-A, ECF Elizabeth Higgins, AICP; Senior Planner The applicant has requested approval to construct a concrete pad, supported by a 9-1/2-foot high retaining wall, for vehicular parking abutting an existing, single- family residence. The site is located within 200 feet of the Ordinary High Water Mark of Lake Washington. It would require construction on a slope that has been deemed a Critical Area by virtue of its grade. The proposed project requires an Administrative Setback Variance from Renton Municipal Code 4-2- 11 OA, in order to locate the driveway within 5 feet of the property line. The property is divided by the line between unincorporated King County and the City of Renton. The project area would be on the south portion of the property, which lies within Renton. 7029 Ripley Lane N (parcel no. 3343302780) 1,330 sf New Bldg. Area: N/A 3,990 sf (land area) Total Building Area gsf: 1,330 sf Variance report 07~094.doc City of Renton PIB/PW Departme, DYE PARKING PAD REPORT AND DECISION OF OCTOBER 3, 2007 Type of Land Use Action ---~~-A. Conditional Use Site Plan Review Special Permit for Grade & Fill x Administrative Variance 8. Exhibits Variance Staff Report Lc,A07--094, SME, V-A, ECF Page 2of6 Binding Site Plan Shoreline Substantial Development Permit Administrative Code Determination Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project. Exhibit 2: Vicinity Map Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Aerial Photograph of Vicinity Aerial Photograph of Property Project Plan Cross Section C. Project Description The majority of the project site is in unincorporated King County including the north portion of the residence. (Exhibit 2) The south portion, which is the location of the proposed work, is within the City of Renton. (Exhibits 3 and 4) The applicant has requested approvals that would allow the construction of a concrete pad for vehicular parking abutting an existing, single-family residence. (Exhibit 5) The parking pad would require construction of a cast-in-place, concrete retaining wall on a 45 percent(+/-) slope within the side setback area of the residence. (Exhibit 6) The site, at 7029 Ripley Lane North, is approximately 55 feet west of the Burlington Northern Santa Fe (BNSF) Railroad tracks. The location of the pad would require construction of a 9-1 /2 foot tall retaining wall. (Exhibit 6) The construction of a retaining wall would be necessary to create a level area for the parking space. The analysis of the requested modification is included in this report. An existing planter, constructed from concrete rubble, is located approximately where the parking pad would be sited. The planter would be removed. The soil in the planter would be reused as backfill behind the new retaining wall. Up to an additional 7 cubic yards of fill would be required as backfill. The proposed structure would be situated within the 5 foot side yard setback area of the existing single-family structure and in proximity to a similar structure on the abutting property. Therefore, a variance from the development standards (RMC 4-2-11 OA, "Development Standards for Single-Family Residential Zoning Designations") of the Residential 8 (R-8) zone would be required. The staff report and recommendation for this Administrative Variance are included herein. Variance report 07-094.doi City of Renton P/8/PW Departme Environmental, Variance, and Sh, , Exemption Staff Report DYE PARKING PAD LvA07--094, SME, V-A. ECF REPORT ANO DECISION OF OCTOBER 3, 2007 Page 3 of 6 D. Findings 1. Request: The applicant has requested administrative approval of a variance from the required 5-foot side yard setback from a property line. A retaining wall and concrete parking pad would be constructed within the setback area. 2. Administrative Variance: The applicant's administrative variance submittal materials comply with the requirements necessary to process a variance request. The applicant's plan and cross section diagram are entered as Exhibits 5 and 6. 3. Zoning: The site is located in the Residential 8 (R-8) zone. The development standards for the R-8 zone require a 15-foot front yard setback for the primary structure and a 20- foot setback for an attached garage, 20-foot rear yard setback, and 5-foot side yard setback. The applicant has proposed a variance that would reduce the 5-foot setback to zero. 4. Topography: The site slopes downward from Ripley Lane N to the shore of Lake Washington on the west. A slope that meets the standard for a "protected" slope is located where a retaining wall would be required to support the proposed parking space. 5. Lo.t and Building Size: The site area is 3,990 sf. The existing single-family structure totals approximately 1,330 sf. No changes to the residential structure are proposed. 6. Public Comments: There were no comments received from neighbors although notices were prominently displayed throughout the area and mailed to nearby property owners. E. Administrative Variance The proposed structure would be situated within the south, 5 foot side yard setback of the existing single-family structure. Therefore. a Variance from the development standards (RMC 4-2-110A, "Development Standards for Single-Family Residential Zoning Designations") of the Residential 8 (R-8) zone would be required. Renton Municipal Code 4-9-250B.5 lists four criteria that must be considered, with all other relevant information, in making a decision on an Administrative Variance application. These include the following: a. That the applicant suffers undue 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 applicant contends that special circumstances apply to the subject site and to other sites in the neighborhood, and these circumstances preclude the strict application of the city-wide development standard that there shall be 5 feet of space between a property line and a structure (a concrete parking pad and retaining wall would constitute "structures"). The circumstances are that the land between the BNSF railroad tracks and the fa,;:ades of structures is too narrow for a shoulder suitable for parking parallel to the travel lanes. Additionally, the land between the tracks and the east edge of the Ripley Lane N pavement is steeply sloped to the extent that it cannot be graded sufficiently to provide such space. Variance report 07-094.doc City of Renton PIBIPW Depattme Environmental, Variance, and Sho , Exemption Staff Report DYE PARKING PAD LuA07--094, SME, V-A, ECF REPORT AND DECISION OF OCTOBER 3, 2007 Page 4 of 6 The applicant has stated that other property owners in the vicinity of the subject site have created similar parking spaces, possibly prior to the adoption of the current development standards. He contends that application of the development standards at this time, for his situation, would deprive him of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification. Staff concurs with this assessment (see discussion in section b, below). 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. The applicant contends that most other homes in the vicinity have created similar off street parking areas, many also encroach into the setback areas because of the limited size of the lots along Lake Washington, the narrowness of Ripley Lane, and the proximity of the BNSF ROW. Similar projects in the vicinity have not proven detrimental or injurious to property or improvements in the area. Land use in the Ripley Lane area is unique due to the configuration of land between the shore of Lake Washington and the BNSF railroad ROW. Many structures, originally built as summer cottages have been expanded or replaced by larger structures. Typically, front yards and even the fronts of structures themselves are located within the BNSF ROW. Encroachments, both sanctioned or not, are a common occurrence throughout the vicinity. There is some evidence that north of the city limit line, in the area within the jurisdiction of King County, construction without permits or variances has occurred. Ripley Lane N is a very narrow road that does not meet city street standards. It does not afford opportunities for on-street parking that are available elsewhere in the City. Vehicles parked on the road shoulder could limit access for emergency vehicles. Therefore, the creation of additional off-street parking, where there would be minimal impacts is preferred. Visually, the concrete pad would not have a significant impact on what is already a very densely developed area. Staff concurs that the granting of the variance, which would allow construction of an off street parking area in a side yard, 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. 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. The applicant contends that the variance application does not constitute a request for special privilege, because there have been side and front yard setback variances granted for other properties along Lake Washington that are similarly constrained. Staff concurs with this assessment that the approval would 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 (see further discussion in section b, above). Variance report 07-094.doc City of Renton P/8/PW Departme Environmental, Variance, and She , Exemption Staff Report DYE PARKING PAD LvA07--094, SME, V-A, ECF REPORT AND DECISION OF OCTOBER 3, 2007 Page 5 of 6 d, That the approval as determined by the decision-maker is a minimum variance that will accomplish the desired purpose: The applicant has stated that the proposal is the simplest and most effective solution to the meet the family's parking needs. Staff concurs that the requested variance is the least that would be required to enable the applicant to have access to the house for a disabled family member. F. Conclusions 1. The subject site is located at 7029 Ripley Lane N, within the Residential 8 (R-8) zoning designation. 2. The R-8 zone requires a minimum 5-foot side yard setback from the property boundary. The applicant is proposing to construct a concrete parking pad supported by a 9-1 /2-foot retaining wall within the 5-foot side yard setback. 3. The analysis of the proposal, based on the variance criteria, is found in this staff report. 4. Based on the applicable criteria, the proposal and requested variance are justified. G. Decision The Administrative Variance for the Dye Parking Pad, File No. LUAOl-094, SME, V-A, ECF, is approved. SIGNATURE: Neil Watts, Development Se,vices Director TRANSMITTED this 3d day of October, 2007, to the Owner: Patrick Dye 7029 Ripley Lane N Renton, WA 98055 TRANSMITTED this :Jd day of October, 2007, to the Applicant/Contact: Bob Dye 7029 Ripley Lane N Renton, WA 98055 TRANSMITTED this :fd day of October, 2007, to the Applicant/Contact: No Parties of Record Variance report 07-094.doc /01-~ /2-001-- 1 I date City of Renton P!B!PW Departme DYE PARKING PAD Environmental, Variance, and Sha , Exemption Staff Report REPORT AND DECISION OF OCTOBER 3, 2007 TRANSMITTED this 3d day of October, 2007, to the Applicant/Contact: Larry Meckling, Building Official Bob Van Horne, Deputy Fire Chief Neil Watts, Planning/Building/Public Works, Director Jennifer Henning, Current Planning Manager Gregg Zimmerman, Planning/Building/Public Works, Administrator Renton Reporter Land Use Action Appeals LuA07--094, SME, V-A, ECF Page 6of6 The administrative land use decision will become final if the decision is not appealed within 14 days of the date of approval. An appeal of the decision must be filed within the 14 day appeal period (RCW 43.21.C.075(3); WAC 197- 11-680). An appeal to the Hearing Examiner is governed by Title IV, Section 4-8-11.B, which requires that such appeals be filed directly with the Hearing Examiner via the City of Renton City Clerks Office. Appeals must be made in writing on or before 5:00 PM on October 17, 2007. Any appeal must be accompanied by a $75.00 fee and other specific requirements. 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. Variance report 07-094.doc / ' / ZONING P/B/PW TBCHNlC.AL SBB.VICB8 02/28/07 I L t. [ SE 76th C4 • 32 T24N R5E E 1/2 GI 0 = <77th; i r---~w,._,, ~ I ! 1 : j i ( ' ' ago "Oo 1:"800 r,r.;~ 'A> /:A• 'NI NG ' {I! EXHIBIT 2 29 T24N R5E E 1/2 541.9