HomeMy WebLinkAboutD_Benson_Trails_Exhibits_Variance_FINALDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
D_Benson Trails Variance_FINAL-jc edits
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: May 28, 2020
Project File Number: PR20-000108
Project Name: Benson Trails Variance
Land Use File Number: LUA20-000083, V-A
Project Manager: Jill Ding, Senior Planner
Owner: Trudel, LLC, PO Box 956, Kirkland, WA 98083
Applicant: Wayne Seminoff, The Seminoff Co., PO Box 956, Kirkland, WA 98083
Contact: George Steirer, Plan to Permit, LLC, 7233 Douglas Ave SE, Snoqualmie, WA 98065
Project Location: 18300 121st Pl SE, Renton, WA 98058
Project Summary: The applicant is requesting an administrative variance from the R-4 zone front and
side yard setback requirements. The project site totals 3,529 sq. ft. in area and is
currently vacant. The R-4 zone requires a front yard setback of 30 feet and a
combined side yard setback of 20 feet with not less than 7.5 feet on either side. The
applicant is proposing a front yard setback of 15 feet and a combined side yard
setback of 14 feet 10 inches with a minimum side yard setback of 5 feet along the
west property line. In addition, there is an encroachment easement for the portion
of the neighboring home to the east, that was constructed over the abutting lot line
onto the subject property. A Category III wetland is mapped offsite to the north of
the subject property. The 75-foot standard buffer and 15-foot building setback line
extends onto the northern portion of the project site. After deducting the wetland
buffer and building setback area, the proposed setbacks would result in a building
footprint that is 46.5 feet deep and 20.3 feet wide. Access to the project site is
proposed via an existing curb cut off of 121st Pl SE.
Site Area: 3,529 sq. ft. (0.08 acres)
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
City of Renton Department of Community & Economic Development
Benson Trails Variance
Administrative Report & Decision
LUA20-000083, V-A
Report of May 28, 2020 Page 2 of 9
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B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: Wetland delineation report prepared by Wetlands Northwest, LLC, dated January 23,
2020
Exhibit 4: Variance Request Justification
Exhibit 5: Plat Map
Exhibit 6: Public Comments and City Response
Exhibit 7: Lot Encroachment Easement
C. GENERAL INFORMATION:
1. Owner(s) of Record: Trudel, LLC
PO Box 956
Kirkland, WA 98083
2. Zoning Classification: Residential-4 (R-4)
3. Comprehensive Plan Land Use Designation: Residential Low Density (LD)
4. Existing Site Use: Vacant
5. Critical Areas: A Category III wetland is mapped offsite to the north of
the subject property.
6. Neighborhood Characteristics:
a. North: Vacant and R-4 zone
b. East: Single family, R-4 zone
c. South: Single family, R-4 zone
d. West: Single family, R-4 zone
7. Site Area: 3,529 sq. ft. (0.08 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
Annexation N/A 5327 03/01/2008
Benson Trails Plat LUA09-111 N/A 04/08/2010
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
City of Renton Department of Community & Economic Development
Benson Trails Variance
Administrative Report & Decision
LUA20-000083, V-A
Report of May 28, 2020 Page 3 of 9
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E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Chapter 2 Land Use Districts
a. Section 4-2-020: Purpose and Intent of Zoning Districts
b. Section 4-2-060: Zoning Use Table – Uses Allowed in Zoning Designations
c. Section 4-2-110: Residential Development Standards
d. Section 4-2-115: Residential Design and Open Space Standards
2. Chapter 3 Environmental Regulations and Overlay Districts
a. Section 4-3-050: Critical Area Regulations
3. Chapter 4 City-Wide Property Development Standards
4. Chapter 6 Streets and Utility Standards
a. Section 4-6-060: Street Standards
5. Chapter 9 Permits – Specific
a. Section 4-9-250: Variances, Waivers, Modifications, and Alternates
6. Chapter 11 Definitions
F. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on April 3,
2020 and determined the application complete on April 9, 2020. The project complies with the 120-day
review period.
2. The applicant’s submittal materials comply with the requirements necessary to process the administrative
variance request (Exhibits 2-7).
3. The project site is located 18300 121st Pl SE, Renton, WA 98058.
4. The project site is currently vacant. Except, a single family homes constructed on the parcel to the east
(address) was built over the property line and encroaches onto this site.
5. Access to the site would be provided via a driveway access off of 121st Pl SE.
6. The property is located within the Residential Low Density (LD) Comprehensive Plan land use designation.
The project complies with the goals and policies of this Comprehensive Plan land use designation.
Compliance Comprehensive Plan Analysis
Policy L-3: Encourage infill development of single-family units as a means to meet
growth targets and provide new housing.
Goal L-I: Utilize multiple strategies to accommodate residential growth, including:
Development of new single-family neighborhoods on large tracts of land outside
the City Center,
Development of new multi-family and mixed-use in the City Center and in the
Residential High Density and Commercial Mixed Use designations, and
Infill development on vacant and underutilized land in established neighborhoods
and multi-family areas.
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
City of Renton Department of Community & Economic Development
Benson Trails Variance
Administrative Report & Decision
LUA20-000083, V-A
Report of May 28, 2020 Page 4 of 9
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Goal L-U: Preserve, protect, and enhance the quality and functions of the City’s
sensitive areas including: lakes, rivers, major and minor creeks, intermittent stream
courses and their floodplains, wetlands, ground water resources, wildlife habitats, and
areas of seismic and geological hazards.
Policy L-30: Maintain or increase the quantity and quality of wetlands. Development
activities shall not decrease the net acreage of existing wetlands.
Policy L-31: Protect buffers along wetlands and surface waters to facilitate infiltration
and maintain stable water temperatures, provide for biological diversity, reduce
amount and velocity of run-off, and provide for wildlife habitat.
Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new
development is designed to be functional and attractive.
Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas
and neighborhoods through quality design and development.
Policy L-48: Address privacy and quality of life for existing residents by considering
scale and context in infill project design.
7. The site is located within the Residential-4 (R-4) zoning classification.
8. There are no significant trees on the project site.
9. A Category III wetland is mapped offsite to the north of the subject property.
10. The applicant is proposing to begin construction in summer 2020 and end in fall 2020.
11. The following variances to RMC4-2-110A have been requested by the applicant:
RMC Code Citation Required Standard Requested Variance
RMC 4-2-110A
Residential
Development
Standards
The R-4 zone requires a front
yard setback of 30 feet and a
combined side yard setback of
20 feet with not less than 7.5
feet on either side.
The applicant is proposing a front yard
setback of 15 feet and a combined side yard
setback of 14 feet 10 inches with a minimum
side yard setback of 5 feet along the west
property line.
12. Staff received 2 public comment emails and staff provided responses to each individual comment
(Exhibit 6).
13. This variance application is only considering setbacks and does not include a review or approval of any
submitted floor plans or building elevations that may have been submitted.
14. Representatives from various city departments have reviewed the application materials to identify and
address issues raised by 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 this report.
15. Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas
Regulations (RMC 4-3-050). The proposal is consistent with the Critical Areas Regulations, if all conditions
of approval are complied with:
Compliance Critical Areas Analysis
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
City of Renton Department of Community & Economic Development
Benson Trails Variance
Administrative Report & Decision
LUA20-000083, V-A
Report of May 28, 2020 Page 5 of 9
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Compliant if
conditions of
approval are
met
Wetlands: The following buffer requirements are applicable to wetlands in accordance with
RMC 4-3-050.G.2:
Wetland
Category Buffer Width Structure Setback
beyond buffer
High Habitat
Function (8-
9 points)
Moderate
Habitat
Function (5-
7 points)
Low Habitat
Function
(3-4 points)
All
Other
Scores
15 ft.
Category I –
Bogs & Natural
Heritage
Wetlands
200 ft.
Category I – All
Others 200 ft. 150 ft. 115 ft. 115 ft.
Category II 175 ft. 150 ft. 100 ft. n/a
Category III 125 ft. 100 ft. 75 ft. n/a
Category IV 50 ft. n/a
Staff Comment: A wetland delineation report prepared by Wetlands Northwest, LLC, dated
January 23, 2020 (Exhibit 3) was submitted with the project application materials. A Category
III wetland is mapped offsite to the north of the subject property. The 75-foot standard buffer
and 15-foot building setback line extend onto the northern portion of the project site. No buffer
reductions of buffer averaging is proposed.
Fencing and signage is required along the wetland buffer edge, in addition wetland buffers are
required to be placed within a Native Growth Protection Easement. Staff recommends, as a
condition of approval that the edge of the wetland buffer be delineated within a split rail fence
and signage in accordance with RMC 4-3-050. A fencing and signage detail shall be submitted
to the Current Planning Project Manager for review and approval at the time of Building Permit
review. Staff also recommends, as a condition of approval, that a Native Growth Protection
Easement be submitted for review and approval to the Current Planning Project Manager at the
time of Building Permit review. The easement shall be recorded prior to permit issuance.
16. Variance Analysis: The applicant has requested a variance from the R-4 zone front and side yard setback
requirements. The R-4 zone requires a front yard setback of 30 feet and a combined side yard setback of
20 feet with not less than 7.5 feet on either side. The applicant is proposing a front yard setback of 15 feet
and a combined side yard setback of 14 feet 10 inches with a minimum side yard setback of 5 feet along
the west property line. The proposal as amended by staff is compliant with the following variance criteria,
pursuant to RMC 4-9-250.B.5. Therefore, staff recommends approval of the variance as amended below.
Compliance Variance Criteria and Analysis
compliant if
conditions of
approval are
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 practical difficulties exist on the project site as it is
difficult to apply the R-4 setback requirements on a 3,529 square foot lot. The minimum lot size
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
City of Renton Department of Community & Economic Development
Benson Trails Variance
Administrative Report & Decision
LUA20-000083, V-A
Report of May 28, 2020 Page 6 of 9
D_Benson Trails Variance_FINAL-jc edits
required within the R-4 zone is 9,000 square feet, the existing 3,529 square foot lot is less than
half of the minimum lot size required. The minimum lot width in the R-4 zone is 70 feet and the
minimum lot depth is 100 feet. The existing lot has a width of 35 feet and a depth of 98 feet. The
existing lot width is half the minimum lot width required in the R-4 zone. The R-4 zone requires
a front yard setback of 30 feet and a combined side yard setback of 20 feet with not less than
7.5 feet on either side. The applicant is proposing a front yard setback of 15 feet and a combined
side yard setback of 14 feet 10 inches with a minimum side yard setback of 5 feet along the west
property line. The proposed setbacks would result in a building footprint that is 46.5 feet deep
and 20.3 feet wide.
Staff concurs that the applicant suffers practical difficulties to implement the R-4 setback
requirements on an existing lot with an area and width that are substantially less than the
minimum required in the R-4 zone. The existing homes on neighboring lots appear to have 20-
foot front yard setbacks. In addition, staff has concerns that there does not appear to be
adequate area on the public right-of-way fronting the project site for vehicle parking. Therefore
staff does not concur that a 15-foot front yard setback would be appropriate for the project site,
but that a 20-foot front yard setback, consistent with other neighboring residences, would
provide an adequate front yard and provide adequate area on the driveway for vehicle parking.
Staff recommends approval of a minimum front yard setback of 20 feet instead of the requested
15 feet, with an allowance for a 2 ft. eave projection into all setbacks.
Staff has concerns with regards to the neighboring residence to the east, which extends over the
east property line and onto the project site. An easement was recorded to address the
encroachment as well as a setback (Exhibit 7). To bring the properties into conformance with
City standards, a lot line adjustment should be recorded to reflect the easement line that was
recorded to address the encroachment. The lot line adjustment would result in a reduction in the
area of the subject property below the 9,000 square foot minimum lot size permitted within the
R-4 zone. This lot area reduction would meet the practical difficulty criteria as the reduction
would rectify an existing encroachment. Staff recommends, as a condition of approval, that a lot
line adjustment be recorded prior to the issuance of a building permit to reflect the easement
line that was recorded to address the encroachment.
After the recording of a lot line adjustment as conditioned above, the requested 9’-10” side yard
setback from the east property line would not provide sufficient area for a single family residence
with an adequate entry feature that would allow the home to conform to the City’s residential
design guidelines, RMC 4-2-115. After the recording of the lot line adjustment, a side yard
setback ranging from 3 feet in front to 1-foot in the rear (where the side lot line intersects with
the 15-foot wetland buffer building setback line) be granted along the east property line would
provide adequate area for an entry feature as required in RMC 4-2-115. Therefore, staff
recommends that the side yard setback from the east property line be reduced from the
requested 9’-10” to a range of 3 feet in front to 1-foot in the rear (where the side lot line
intersects with the 15-foot wetland buffer building setback line) along the east property line.
Staff concurs that the requested 5 foot setback from the west property line would be necessary
to provide for a reasonable home on this substandard R-4 lot. The 5-foot side yard setback is
consistent with other homes in the neighborhood.
Based on the lot dimensions staff believes that any single family residence proposed on the
project site would have a front façade that is primarily consisting of a 2 car garage. To provide
an entry feature along the front façade of the single family residence, staff recommends that a
porch and residential entry be provided with a minimum width of 5 feet and that the porch be
permitted to project 5 feet into the recommended 20-foot front yard setback.
compliant if
conditions of
approval are
met
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 the requested setbacks would allow for the
construction of a single family residence on the project site that would be slightly smaller and
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
City of Renton Department of Community & Economic Development
Benson Trails Variance
Administrative Report & Decision
LUA20-000083, V-A
Report of May 28, 2020 Page 7 of 9
D_Benson Trails Variance_FINAL-jc edits
have similar setbacks to other residences within the same neighborhood and would therefore
not be injurious to surrounding property owners.
After review staff believes that a 15-foot front yard setback would be injurious to the public
welfare as it could result in a vehicle parked in the driveway extending into the cul-de-sac. The
cul-de-sac is necessary for fire emergency access turn around and obstructions in this area could
impact the health and safety of the neighbors if vehicle encroachments hindered emergency
response. A typical vehicle parking stall is 20 feet in depth, therefore staff is recommending a
setback variance of 20 feet in the front yard. The east side yard setback that ranges of 3 feet in
front to 1-foot in the rear (where the side lot line intersects with the 15-foot wetland buffer
building setback line) along the east property line and the request 5-foot west side yard setback
would not be injurious to surrounding property owners. In addition, the recommended lot line
adjustment, which would result in a reduce lot area for the subject property would rectify an
existing situation and would not be injurious to surrounding properties.
compliant if
conditions of
approval are
met
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 requested variance would not be a grant of
special privilege as the requested setbacks would permit the construction of a single family
residence that would have a slightly smaller building footprint that other residences in the
immediate vicinity.
Homes in the neighborhood primarily have a front yard setback of 20 feet and a side yard setback
of 5 feet. The requested variance for a 15-foot front yard setback would not be consistent with
the adjacent properties and would constitute a grant of special privilege. However, if this
setback is increased to 20 feet the home would be built consistent with others in the vicinity,
therefore a 20-foot front yard setback would not constitute a grant of special privilege
inconsistent with the other properties in the vicinity and zone. The reduced side yard setbacks,
of 5 feet on the west ,which ranges of 3 feet in front to 1-foot in the rear (where the side lot line
intersects with the 15-foot wetland buffer building setback line) along the east property line
would not constitute a grant of special privilege inconsistent with the laminations upon uses of
other properties. The reduced side yard setback is necessary to provide for a two car garage and
a 5-foot wide entry to the home. All other homes in the vicinity have been built with a two car
garage and a front entry along the street. In addition, the recommended lot line adjustment,
which would result in a reduce lot area for the subject property, would rectify an existing
situation and would not be a grant of special privilege.
compliant if
conditions of
approval are
met
d. That the approval is a minimum variance that will accomplish the desired purpose.
Staff Comment: The applicant contends that the requested variance is the minimum necessary
to allow for the construction of a single family residence on the project site that would be of
comparable size to other existing single family residences in the vicinity.
Staff concurs that the requested variance, as modified above would be the minimum variance
necessary to allow for the construction of a single family residence on the project site. In
addition, the recommended lot line adjustment, which would result in a reduce lot area for the
subject property, would be the minimum necessary to rectify an existing situation.
G. 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 6.
2. The proposed variance application complies with the Critical Areas Regulations provided the applicant
complies with City Code and conditions of approval, see FOF 14.
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
City of Renton Department of Community & Economic Development
Benson Trails Variance
Administrative Report & Decision
LUA20-000083, V-A
Report of May 28, 2020 Page 8 of 9
D_Benson Trails Variance_FINAL-jc edits
3. The variance as modified and conditioned by Staff 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.
H. DECISION:
The Benson Trails Variance, File No. LUA20-000083, V-A, is approved for a 20-foot front yard setback with a 5-
foot allowance for a porch projection, a 5-foot side yard setback from the west property line, a side yard setback
ranging from 3 feet in front to 1-foot in the rear (where the side lot line intersects with the 15 -foot wetland
buffer building setback line) along the east property, a 2 foot eve projection into all setbacks, and a reduced
minimum lot size to accommodate the required lot line adjustment. The approved variance is subject to the
following conditions:
1. The edge of the wetland buffer shall be delineated within a split rail fence and signage in accordance
with RMC 4-3-050. A fencing and signage detail shall be submitted to the Current Planning Project
Manager for review and approval at the time of Building Permit review.
2. A Native Growth Protection Easement shall be submitted for review and approval to the Current
Planning Project Manager at the time of Building Permit review. The easement shall be recorded prior to
permit issuance.
3. A lot line adjustment shall be recorded prior to the issuance of a building permit to reflect the easement
line, as shown in Exhibit 7, which was recorded to address the encroachment.
4. A porch and residential entry shall be provided in the home design with a minimum width of 5 feet.
Compliance with this conditions would be reviewed and approved with the building permit application.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Jennifer Henning, Planning Director Date
TRANSMITTED on May 28, 2020 to the Owner/Applicant/Contact:
Owner: Applicant: Contact:
Trudel, LLC
PO Box 956
Kirkland, WA 98083
Wayne Seminoff
The Seminoff Co.
PO Box 956
Kirkland, WA 98083
George Steirer
Plan to Permit, LLC
7233 Douglas Ave SE
Snoqualmie, WA 98065
TRANSMITTED on May 28, 2020 to the Parties of Record:
Natalie Wissbrod
Soccergirl42nw@gmail.com
Jocelyn Nicholson
Njocie@comcast.net
TRANSMITTED on May 28, 2020 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Manager
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
5/28/2020 | 2:18 PM PDT
City of Renton Department of Community & Economic Development
Benson Trails Variance
Administrative Report & Decision
LUA20-000083, V-A
Report of May 28, 2020 Page 9 of 9
D_Benson Trails Variance_FINAL-jc edits
Amanda Askren, Property Services
Vanessa Dolbee, Current Planning Manager
Anjela Barton, Fire Marshal
I. 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 June 11, 2020. 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.
Due to Governor Jay Inslee’s Proclamation 20-25 (“Stay Home, Stay Healthy”), the City Clerk’s Office is working
remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov.
The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date. Appeals to
the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process
may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. If the situation changes such that the City
Clerk’s Office is open when you file your appeal, you have the option of filing the appeal in person.
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: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Benson Trails Variance
Land Use File Number:
LUA20-000083, V-A
Date of Report
May 28, 2020
Staff Contact
Jill Ding
Senior Planner
Project Contact/Applicant
George Steirer
Plan to Permit, LLC
7233 Douglas Ave SE,
Snoqualmie, WA 98065
Project Location
18300 121st Pl SE, Renton,
WA 98058
The following exhibits are included with the Administrative report:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan
Exhibit 3: Wetland delineation report prepared by Wetlands Northwest, LLC, dated January 23,
2020
Exhibit 4: Variance Request Justification
Exhibit 5: Plat Map
Exhibit 6: Public Comments and City Response
Exhibit 7: Lot Encroachment Easement
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
0'10'EXISTING HOUSEEXISTING HOUSESCALE: 1" = 10'
AGENT: GEORGE STEIRER – PLAN TO PERMIT, LLC
George@plantopermit.com
206-909-2893
www.PlanToPermit.com
OWNER: TRUDEL, LLC
DATE: 08/28/2019
REV1: 03/30/2020
REV2:
REV3:
REV4
REV5:
REV6:
REV7:
SHEET
SP1.0DISCLAIMER: The information is provided for preliminary purposes only. Plan to Permit, LLC, its officers,
employees or agents make no warranty of any kind, express or implied, regarding the accuracy of the
information.
PROJECT NAME: BENSON TRAILS VARIANCE
DESCRIPTION: DEVELOP EXISTING VACANT LOT FOR A SINGLE FAMILY RESIDENCE
SITE ADDRESS: 18300 121st PL SE, RENTON, WA
PIN: 07415-0080
SECTION: 33 TOWNSHIP: 25 RANGE: 05
EXHIBIT 2
RECEIVED
04/03/2020 jding
PLANNING DIVISION
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
Wetlands Northwest LLC
5218 Ivanhoe PL NE
Seattle, WA 98105
206-456-5474
www.wetlandsnw.com
January 23, 2020
Wayne Seminoff
PO Box 956
Kirkland, 98063
Re: King County Tax Parcel 074150-0080
18300 121st Pl SE, Renton, WA 98058
Dear Mr. Seminoff,
Following my site visit on January 20, 2020, I have determined that the off-site wetland is
Category III scoring 18 points overall which include 3 habitat points. The required buffer for this
type of wetland is 75 feet per the Renton Municipal Code Title 4-3-050.G.2 referenced in the
table below.
EXHIBIT 3
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
www.PlanToPermit.com
george@PlanToPermit.com
206-909-2893
Angelea Weihs, Associate Planner
City of Renton
1055 S. Grady Way
Renton, WA 98057
RE: Benson Trails Variance at 18300 121st PL (07415-0080))
August 20, 2019
Dear Angelea:
Below are the criterion of approval for a variance (in bold) per RMC 4-9-250.B.5, followed by a response on how the
application meets the criterion (in blue italics):
A. That the applicant [i] 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 [ii] 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;
Responses:
i. An entirely unrelated contractor, to the east, constructed a significant portion of a building onto the subject parcel.
Although this eastern building crosses the subject property line, the permit for the eastern building was finaled by
the City of Renton. This intrusion affects the building area for the subject property. The subject property also
contains an ingress/egress easement at the south east portion of the property that further reduces the size of the
building envelope. These unusual, and “special circumstances applicable to the subject property” create practical
difficulties and unnecessary hardship to meet the city’s setback requirements due to the resulting narrow and small
envelope space.
The resulting building envelope, with standard setbacks and the encroachment, is significantly smaller than other
building envelopes. This would significantly impair the ability to provide a single family home and associated
appurtenances that are allowed on the other lots in the vicinity and R-4 zone.
The strict application of the setbacks are not necessary to maintain life safety. Please see the responses to the
second criterion of approval, below, for further discussion. Thus, the strict application of the setback standards
make the siting of the home more difficult, and harder, then necessary.
ii. The site is located in the R4 zoning district, which allows 35% building coverage (RMC 4-2-110A). The standard
setbacks would only allow 21% building coverage. The front, rear, and east sides of the 21% area are irregularly
shaped, and result in unfunctional (dead) building space. This is significantly lower than the building coverage
allowed to other property owners in the vicinity and the identical R4 zoning classification. Therefore, the building
encroachment and standard setbacks deprives the subject property owner of a right and privilege (building
coverage, accessory uses, etc.), which is enjoyed by other property owners in the vicinity and under the identical R4
zone classification.
EXHIBIT 4
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08/20/2019 Page 2 of 2 Plan to Permit, LLC
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;
Response:
The new home will comply with the latest building code, fire code, and other life safety standards. This includes the
minimum required separation between single-family residences, per the codes. The stormwater requirements will be
complied with for the proposal.
The reduced setbacks would easily allow for the clear vision area, as prescribed in RMC 11-30-030, to be met. Thus,
safe ingress and egress is not impaired by the reduced setbacks.
Therefore, granting the variance will not be injurious to the property or improvements in the vicinity and zone as the
proposed home will not impact the existing uses or potential uses of the adjacent properties.
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;
Response:
The criteria for approval states “with the limitation upon uses of other properties in the vicinity and zone”. The
underlying zone is R4, which allows single family homes as a use. The proposed variance would allow a single family
residence, and accessory uses, consistent with other uses in the vicinity and the zone. The special circumstance is a
result by another property owner, and not the owner of the subject property.
D. That the approval is a minimum variance that will accomplish the desired purpose.
Response:
The reduced setbacks are the minimum necessary to allow for a garage, and meet the Renton design requirements
for it to be recessed.
We also note that the proposed house design has a smaller building footprint than any other building in the vicinity,
based on King County Department of Assessments information.
Thank you for your time, attention to this letter, and assistance. Please feel free to contact me at
george@plantopermit.com if you have any questions or need any additional information.
Sincerely
George Steirer
Plan to Permit, LLC
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
EXHIBIT 5
EXHIBIT 5
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DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
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From: Jill Ding
Sent: Monday, May 04, 2020 9:23 AM
To: 'Njocie'
Subject: RE: Notice of Application- Number LUA20-000083, V-A
Jocelyn,
Thank you for your comments, your comments have been added to the official file for consideration by
the decision maker. I have also added you as a party of record for this project, as a party of record, you
will receive copies of City correspondence for this project as well as any decisions that are issued.
Regarding your specific questions:
1. This project is to allow the construction of a single family residence on a separate legal lot.
There should be no direct construction related impacts to your property.
2. As this property is an existing legal lot, the property owner is entitled to reasonable use of their
property, which includes the construction of a single family residence.
3. You will be informed of future decisions as a party of record.
Thanks,
Jill Ding
Senior Planner
City of Renton
Community and Economic Development
6th floor
1055 S Grady Way
Renton, WA 98057
425-430-6598
jding@rentonwa.gov
City of Renton Census Information: rentonwa.gov/2020census
Here is a link to the City of Renton PSA Video: Renton Counts
Links to additional resources: https://2020census.gov/
To complete your 2020 census: https://my2020census.gov/
EXHIBIT 6
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
From: Njocie <Njocie@comcast.net>
Sent: Friday, May 01, 2020 7:01 AM
To: Jill Ding <JDing@Rentonwa.gov>
Subject: Notice of Application- Number LUA20-000083, V-A
Good morning Jill,
My name is Jocelyn Nicholson and owner of property APR 0741500170 and would like to
understand
1) impacts of subject application request to my property.
2) What is required to revoke request
3) how to be informed of any and all future changes and request.
Due to Covid - 19, I am just reading about this request and was unaware of request changes and
inputs required by 5pm on April 23th .
I can be reached at 425 392-8003 (h) or 206 200-2750 cell.
Thank you
Jocelyn Nicholson
Sent from my Verizon, Samsung Galaxy smartphone
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
From: Jill Ding
Sent: Monday, April 27, 2020 9:27 AM
To: 'Natalie Wissbrod'
Subject: RE: PR20-000108 / LUA20-000083 V-A
Natalie,
Thank you for your comments. Your comments have been added to the official file for consideration by
the decision maker. In addition, you have been added as a party of record for this project, this means
you will receive copies of City correspondence as well as any decisions issued on this project.
While the City cannot prohibit anyone from obtaining a building permit to build on an existing legal lot,
we can review the setbacks that have been requested. Per your concerns regarding the proximity of the
new home to the sidewalk, the City will also be reviewing this setback request and will take your
comments into consideration.
Please let me know if you have additional questions.
Thanks,
Jill Ding
Senior Planner
City of Renton
Community and Economic Development
6th floor
1055 S Grady Way
Renton, WA 98057
425-430-6598
jding@rentonwa.gov
City of Renton Census Information: rentonwa.gov/2020census
Here is a link to the City of Renton PSA Video: Renton Counts
Links to additional resources: https://2020census.gov/
To complete your 2020 census: https://my2020census.gov/
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
From: Natalie Wissbrod <soccergirl42nw@gmail.com>
Sent: Thursday, April 23, 2020 12:13 PM
To: Jill Ding <JDing@Rentonwa.gov>
Subject: PR20-000108 / LUA20-000083 V-A
Unless you live in our tiny little cul-de-sac you may not get how tight the conditions already are
without yet another house thrown into the mix.
There is hardly any parking if they have extra vehicles and there is no curb room for any more
garbage cans.
In my opinion, the house will look out of place. Our houses are already close to the sidewalk and
this one sounds like it will right up to the sidewalk.
During construction there is no room for regular traffic and big construction vehicles. If there
was an emergency access would be blocked.
There are a lot of people teleworking now and keeping odd hours, to have a lot of noisy
construction work going on so closely would be a big disturbance.
Thank you for listening to my thoughts on this matter.
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
EXHIBIT 7
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DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78
DocuSign Envelope ID: 99C5BE37-DA78-4AF0-A450-9E101B6A8B78