HomeMy WebLinkAboutSR_HEX_Linn_Office_Conversion_From_SF_061010City of Renton
PUBLIC Department of Planning / Building / Public Works
HEARING PRELIMINARY REPORT TO THE HEARING EXAMINER
A. SUMMARY AND PURPOSE OF REQUEST.
Public Hearing Date: October 10, 2006
Project Name: Linn Office Conversion Landscape Variance
Owner/Applicant Alden and Tisha Linn, 2907 Park Ave. N, Renton, WA 98056
File Number: LUA06-108, V-H Project Manager: Valerie Kinast
Project Description: The applicants are requesting approval from the Hearing Examiner of a variance
from the landscape requirements in the CA zone. The subject lot is 47 ft. wide and
103 ft, long and an existing house is located on the front half of the site. Because the
applicants are proposing to convert the house to an office use and the lot is abutting
a residentially zoned property, a 15 ft. lanscape strip is required along the south
property line. The applicants are also required to provide four onsite parking stalls.
Given the lot width and placement of the existing house, it is not possible for the
applicants to provide required parking and also the 15 ft. of landscaping. For this
reason the applicants are requesting that the requirement to provide a 15 ft. wide
sight -obscuring landscape stirp along the south property line to be reduced to zero_
Project Location: 337 Park Ave. N; southwest of Park Ave. N and N 41h St.
City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner
Linn Office Conversion Landscape Variance LUA06-108, SHPL-H
PUBLIC HEARING DATE. October 10, 2006 Page 2 of 5
B, VARIANCE DECISION
1. The applicant has requested a variance from Renton Municipal
Code 4-2-120A Development Standards of the CA zone — Minimum Landscape Width Required
When a Commercial Lot is Abutting to Property Zoned Residential.
2. The purpose of the variance is to reduce the 15 ft. sight -obscuring landscape strip, which is
required along the property line where the CA zone abuts a residentially zoned parcel, to be
reduced to zero. The variance is necessary in order to approve a change of use of the residential
building on the property to an office use.
C. HEARING EXHIBITS:
Exhibit 1: Project file (yellow file") containing the application, reports, staff comments, and other
material pertinent to the review of the project.
Exhibit 2: Site Plan (received August 10, 2006)
Exhibit 3: Staff Recommended Site Plan (September 22, 2006)
Exhibit 4: Zoning / Neighborhood Detail Map
D. GENERAL INFORMATION:
1. Owner of Record: Alden and Tisha Linn, 2907 Park Ave. N, Renton, WA 98056
2. Zoning Designation: Commercial Arterial (CA)
3. Comprehensive Plan Commercial Corridor (CC)
Land Use Designation:
4. Existing Site Use: No use for 10 months, previously residential
5. Neighborhood
Characteristics:
North: Restaurant; CA zoning
East: Single family residential; CA zoning
South: Single family residential; R-10 zoning
West: Single family residential; R-8 zoning
6. Access:
Pedestrian access from front. Auto access from alley at rear.
7. Site Area:
4,838 sq, ft. (0.11 acres)
8. Project Data
Existing Building Area: 2,100 sq. ft,
Net Building Area 1,220 sq. ft.
New Building Area: None
E. HISTORICAL/BACKGROUND:
Action
Land Use File No.
Ordinance No.
Date
Comprehensive Plan
NIA
5099
11/01/2004
Zoning
N/A
5100
11 /01 /2005
Annexation
N/A
156
5/18/1909
HEX Report 06-108.doc
City of Renton PIBIPW Department Preliminary Report to the Hearing Examiner
Linn Office Conversion Landscape Variance LUA06-108, SHPL-H
PUBLIC HEARING DATE. October 10, 2006 Page 3 of 5
F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Chapter 2 Land Use Districts
Section 4-2-020: Purpose and Intent of Zoning Districts
Section 4-2-070: Zoning Use Table
Section 4-2-120: Commercial Development Standards
2. Chapter 4 Property Development Standards
Section 4-4-030: Development Guidelines and Regulations
Section 4-4-080: Parking, Loading and Driveway Regulations
Section 4-4-070: Landscaping Regulations
3. Chapter 9 Procedures and Review Criteria
4. Chapter 11 Definitions
G. APPLICABLE SECTIONS OF T.HE COMPREHENSIVE- PLAN.
1. Land Use Element: Commercial Corridor objectives and policies
2. Community Design Element
H. DEPARTMENT ANALYSIS:
PROJECT DESCRIPTION/BACKGROUND
The applicants are requesting approval from the Hearing Examiner of a variance from the
landscape regulations in the CA zone, RMC 4-2-120A. The site is located in the Commercial
Arterial (CA) zone. The subject lot is 47 ft_ wide, 103 ft. long, and 4,838 sq. ft. in area. An
existing house is located on the front half of the site. A concrete driveway runs from Park Ave. N
along the south of the house to the gravel parking area in the rear. The driveway is
approximately 10 ft. wide, and is located about 4 ft. from the house. Abutting the site to the south
is a residentially zoned lot with a home located approximately 7 ft. from the side property line.
The applicants have applied for a building permit to change the use of the house from residential
to office. The house has been vacant for 10 months. When changing the use of a house to a
commercial use, the site must be brought up to current standards with regard to landscaping and
parking. The standards for development in the CA zone require that a 15 ft. lanscape strip be
provided on commercial lots that abutt residentially zoned parcels. The parking regulations
require onsite parking stalls for businesses, in this case four.
Due to the lot size and configuration, the applicant is not able to provide the required parking and
also the 15 ft. landscape strip. Because the house is 13 ft. 3 inches from the lot line, and the
existing concrete driveway is only a few inches from the lot line, it is not possible to provide the
landscaping in that area either. For these reasons, the applicants are requesting that the
required 15 ft. sight obscuring landscaping along the south property line be reduced to zero_
2. ENVIRONMENTAL REVIEW
Minor actions, such as a change of use, are exempt from SEPA Environmental Review pursuant
to WAC 197-11-800(1).
3. COMPLIANCE WITH ERC MITIGATION MEASURES
NIA
HEX Report 06-108_doc
City of Renton P/8/PW Departmen Preliminary Report to the Hearing Examiner
Linn Office Conversion Landscape Variance LUA06-108, 5HPL-H
PUBLIC HEARING DATE., October 10, 2006 Page 4 of 5
4. STAFF REVIEW COMMENTS
Representatives from various city departments have reviewed the application materials to identify
and address site plan issues from the proposed development. These comments are contained in
the official file, and the essence of the comments has been incorporated into the appropriate
sections of this report and the Departmental Recommendation at the end of the report.
5. CONSISTENCY WITH VARIANCE DECISION CRITERIA
The Reviewing Official shall have authority to grant a variance upon making a determination, in
writing, that the conditions specified below have been found to exist (RMC 4-9-25013).
(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.
Given that the lot is zoned for commercial use, it is unusually small. It is 47 ft. wide, 103 ft. long
and 4,838 sq. ft. in area. This makes it impossible for the applicant to provide required parking
and also the 15 ft. landscape strip as a buffer to the residential property to the south as dictated
by the development regulations for the CA zone. The location of the existing house and driveway
on the lot further constricts the area in which required parking and landscaping can be
accommodated. Given the lot width of 47 ft., if 15 ft. of this were dedicated to a landscape strip
along the southern property line, the rear half of the lot would no longer be able to accommodate
the required four parking stalls. Also, it would no longer be possible to access the business from
Park Ave. N, a principal arterial, and customers would have to access the site via the alley.
Unless the amount of required landscaping is reduced, or the parking requirement is waived, the
applicants will not be able to use the property for a commercial use, as the zoning intends, and as
owners of other CA zoned property are able to. There are other parcels in the vicinity, which
could be faced with this problem, but none have applied for a change of use in the past few
years, so it is not possible to say if they would have been given the privilege of a variance. The
applicants due suffer an undue hardship and the variance is necessary because of special
circumstances.
(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 the
subject property is situated.
Granting a variance to reduce the amount of sight -obscuring landscaping to zero could be
materially detrimental to the neighboring residents to the south, although no comments were
received from them. The intent of the 15 ft. landscape buffer is to shield the abutting residents
from any impacts from the commercial use. An office has the potential to generate more activity
than a single-family residence, with employees and customers entering and leaving the property.
Staff recommends that the applicant be required to provide decorative fencing and climbing
vegetation along the property line to reduce the impact of the office use on the neighboring
residential house. Also, a 3 ft. wide strip of sight -obscuring landscaping is recommended along
the south property line at the rear of the site, to buffer the parking lot from the neighbors. Staff
further recommends that only traffic entering the site be allowed to use the existing driveway.
Staff believes that granting of a variance with these conditions would provide a reduction of the
impact and enough buffering so that an office use on this site would not be injurious to the
residents to the south of the property.
HEX Report 06-108.doc
City of Renton PAIPW Department Preliminary Report to the Hearing Examiner
Linn Office Conversion Landscape Variance LUA06-108, SHPL-H
PUBLIC HEARING DATE, October 10, 2006 Page 5 of 5
(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.
Approval of the variance would not constitute a grant of special privileges because no other
applicant in the same situation in the vicinity has been required to meet the 15 ft. landscape
buffer requirement. In fact, to staff's knowledge, this situation has not arisen yet in the area. If
another change of use were proposed nearby, and the property owner were faced with the
challenge of meeting conflicting development requirements on a small lot, zoned for commercial
use and abutting a residentially zoned property, it is likely staff would recommend approval of a
similar variance.
(d) That the approval, as determined by the Hearing Examiner, is a minimum variance that
will accomplish the desired purpose.
The desired purpose is to change the use of a residential house to office. In order to do so, the
applicants must meet development regulation requirements for parking and landscaping that,
given the limited size of the lot and location of the existing structure, are in conflict. Staff believes
that reducing or eliminating the on -site parking stalls has a greater potential for negative impacts
in the vicinity than reducing the landscaping strip. But reducing the 15 ft. landscape strip to zero
is not the least amount that would be necessary to meet the requirements as closely as possible
and still be able to change the use of the house to an office. Staff sees a potential for
accomplishing the intent of the landscape buffer requirement by providing a fence with climbing
plants and a 3 ft. wide landscape strip along the back portion of the south property line, as
recommended under point (b) of the variance criteria above. Also, restricting use of the driveway
to cars entering the site would allow the City to limit the extent of the variance, while still allowing
the applicants to accomplish their desired purpose.
1. RECOMMENDATION.
Staff recommends approval of the Linn Office Conversion Landscape Variance, Project File No. LUA06-
108, V-H, subject to the following conditions,
1. The applicant shall provide a decorative wood fence along the south property line, which is 4 ft high in
the 10 ft. front yard setback area and 6 ft. high the remainder of the lot line. At the top of the fence
shall be a trellis, and climbing vegetation shall be planted at the base of the fence the full length of the
lot. A plan illustrating the fence and plantings is subject to review and approval by the Development
Services Project Manager. The fence and planting shall occur prior to occupancy.
2. A 3 ft. wide sight obscuring landscape strip shall be provided along the south property lire in the
parking area on the rear of the lot. The landscaping may be planted in planters. A plan illustrating
the landscaping is subject to review and approval by the Development Services Division project
manager. The landscaping shall be installed prior to occupancy.
3. Use of the driveway along the side of the building shall be limited to vehicles entering the site.
Appropriate signage shall be posted to this effect prior to occupancy.
EXPIRATION PERIODS:
Variance Approval (V): Two (2) years from the approval date, if construction has not commenced.
HEX Report 06-1 a8.doc
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Exhibit 2