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HomeMy WebLinkAboutCOR Exhibit 2_Admin Decision_and_ExhibitsDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: April 14, 2020 Project File Number: PR20-000048 Project Name: Jurgens Reasonable Use Variance Land Use File Number: LUA20-000006, ECF, RUV Project Manager: Alex Morganroth, Senior Planner Owner/Applicant/Contact: Steve Jurgens, 2301 Jones Ave NE, Renton, WA Project Location: 2301 Jones Ave NE Project Summary: The applicant is requesting SEPA Environmental Review and a Reasonable Use Variance to construct a two-story, 1,700 sq. ft. (footprint) addition to an existing single-family home at 2301 Jones Ave NE (APN 3344500210). The existing two- story home is approximately 1,824 sq. ft. in size and was constructed in 1974. The site is located in the R-4 zoning district and Residential Low Density Comprehensive Plan Land Use Designation. A Category II wetland is located on a tract directly north of the subject site and a Type Ns stream (Kennydale Creek) is located on the east side of the site. The applicant is requesting a Reasonable Use Variance in order to allow the proposed addition to encroach approximately 85 feet into the Category II wetlands buffer. The existing home is currently located within the required buffer for the wetlands but is outside of the stream buffer. The single-family project is not categorically exempt from Environmental Review as it requires the approval of a variance (RMC 4-9-070). No trees or vegetation would be removed as a part of the project. Other critical areas on the site include Sensitive Slopes (15-40%) and a Wellhead Protection Area Zone 1. The applicant has proposed the removal of the second gravel driveway along the north side of the site and within the wetlands buffer in order to reduce the amount of impervious surface on the site. Therefore, the project would result in a decrease of impervious surface. The applicant submitted a wetlands report and mitigation plan with the application. Site Area: 0.49 acres DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 City of Renton Department of Community & Economic Development Jurgens Reasonable Use Variance Administrative Report & Decision LUA20-000006, ECF, RUV Report of April 14, 2020 Page 2 of 12 D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL B. EXHIBITS: Exhibits 1-8: ERC Report and Exhibits (dated February 24, 2020) Exhibit 9: Jones Ave NE Frontage Improvements Sketch prepared by Scott Warlick, City of Renton Exhibit 10: Wetland Mitigation Site Plan prepared by applicant (dated February 21, 2020) Exhibit 11: Site Plan prepared by Staff (dated April 12, 2020) Exhibit 12: Google Imagery Exhibit 13: Administrative Staff Report for Jurgens RUV C. GENERAL INFORMATION: 1. Owner(s) of Record: Steve Jurgens 2. Zoning Classification: Residential-4 (R-4) 3. Comprehensive Plan Land Use Designation: Residential Low Density (LD) 4. Existing Site Use: Single-family Residential 5. Critical Areas: Sensitive Slopes (15-40%), Wellhead Protection Area Zone 1, Type Np Stream, Category II Wetlands (offsite) 6. Neighborhood Characteristics: a. North: Single-family Residential, Residential- 4 (R-4) b. East: Single-family Residential, Residential- 4 (R-4) c. South: Single-family Residential, Residential- 4 (R-4) d. West: Single-family Residential, Residential- 4 (R-4) 7. Site Area: 0.49 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 1818 03/17/1960 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 4-2-110: Residential Development Standards 2. Chapter 3 Environmental Regulations and Overlay Districts a. Section 4-3-050: Critical Areas Regulations DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 City of Renton Department of Community & Economic Development Jurgens Reasonable Use Variance Administrative Report & Decision LUA20-000006, ECF, RUV Report of April 14, 2020 Page 3 of 12 D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL 3. Chapter 9 Variances, Waiver, Modifications, and Alternates 4. 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 January 30, 2020 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 reasonable use variance request. 3. The project site is located 2301 Jones Ave NE (APN 3344500210). 4. The project site is currently developed with a single-family residence and an associated accessory building. 5. Access to the site would be provided via one of two existing driveways off of Jones Ave NE. The second driveway on the north side of the site would be removed. 6. The site is located within the Residential-4 (R-4) zoning classification and Residential Low Density Comprehensive Land Use Designation. 7. There are approximately (8) trees located on-site, all of which the applicant is proposing to retain. 8. The site is mapped with Sensitive Slopes (15-40%), a Wellhead Protection Area Zone 1 designation, and a Type Np Stream. A Category II Wetlands is located on multiple sites located directly north of the subject property. 9. The applicant is proposing to begin construction in the summer of 2020 and end in summer of 2021. 10. Based on the submitted documents, frontage improvements and ROW dedication may be required per RMC 4-6-060. Due to the presense of the Type Ns stream near the street, staff would support a street modification if applied for at the time of building permit application. A street cross-section prepared by staff (Exhibit 9) utilizes a design that incorporates the typically required improvements (i.e. sidewalk connection, planter strip, curb) while minimizing the impact to the stream and wetlands buffer on the site. If the project valuation exceeds the valuation threshold indicated under RMC 4-6-060, the applicant would be required to submit a street modification request at the time of building permit submittal and construct the staff-supported street frontage improvements. 11. Pursuant to the City of Renton’s Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on February 24, 2020 the Environmental Review Committee issued a Determination of Non-Significance – Mitigated for the Jurgens RUV project with one condition of approval. There is no agency appeal of this determination. 12. The following variance to regulations have been requested by the applicant: RMC Code Citation Required Standard Requested Variance RMC 4-3-050.G Critical Area Buffers and Strucure Setbacks from Buffers 100-foot buffer and 15 foot setback for Category II (Habitat Score 4) Requesting reasonable use variance to allow for an approximately 85-foot encroachment into the required wetlands setback 13. One agency comment was received from the Department of Ecology (Exhibit 8). The comment letter has been addressed in the body of this report and the SEPA Environmental Review Anaysis. DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 City of Renton Department of Community & Economic Development Jurgens Reasonable Use Variance Administrative Report & Decision LUA20-000006, ECF, RUV Report of April 14, 2020 Page 4 of 12 D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL 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. 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  Goal L-P: Minimize adverse impacts to natural systems, and address impacts of past practice where feasible, through leadership, policy, regulation, and regional coordination. Staff Comment: The applicant has proposed the removal of a large portion of the gravel driveway on the north side of the property. The driveway, which provides secondary access to Jones Ave NE, was installed inside of the wetlands buffer by the previous property owner and allows polluted runoff to enter the wetlands and stream. The proposal to replace the gravel with a pervious surface would result in a site-wide reduction of impervious surface by approximately 2,200 sq. ft. The applicant’s proposal corrects the illegal buffer encroachment, decreases the amount of pollution generating surface flowing directly into the wetlands, and helps minimize impacts to the wetlands and stream.  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. Staff Comment: See above under Goal L-P.  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. Staff Comment: The applicant has proposed the removal of approximately 2,200 sq. ft. of pollution generating impervious surface from the wetlands buffer. Removing the existing gravel and replacing the area with ground cover and other native plants would significantly reduce the volume of sediment and contaminated runoff reaching the wetlands and stream on the site, and would increase infiltration rates. 16. 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: Compliance Critical Areas Analysis Compliance not yet determined Geologically Hazardous Areas: Based upon the results of a geotechnical report and/or independent review, conditions of approval for developments may include buffers and/or setbacks from buffers. A standard 15-foot building setback is required for all structures from Protected Slope areas. A 50-foot buffer and 15-foot building setback are required from Very High Landslide Hazard Areas. Staff Comment: Sensitive slopes (15-40%) are located on the western portion of the site near the location of the proposed addition. A geotechnical report prepared by a qualified professional may be required to be submitted at the time of building permit DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 City of Renton Department of Community & Economic Development Jurgens Reasonable Use Variance Administrative Report & Decision LUA20-000006, ECF, RUV Report of April 14, 2020 Page 5 of 12 D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL application for development on sites located within 50 feet of a geotechnical hazard, unless waived by the Building Official. Compliance for this standard would be verified at the time of building permit review.  Streams: The following buffer requirements are applicable to streams in accordance with RMC 4-3-050.G.2: Type F streams require a 115-foot buffer, Type Np streams require a 75-foot buffer, and Type Ns streams require a 50-foot buffer. An additional 15-foot building setback is required from the edge of all stream buffer areas. Staff Comment: A Type Ns stream is located on the eastern portion of the site according to both COR Maps and the Wetlands and Stream Review submitted by the applicant (Exhibit 5). The existing home is located approximately 75 feet from the stream (at its closest point) and is outside of the required stream buffer and building setback for Type Ns streams. As proposed, the addition would also be located outside of the required stream buffer and building setback if constructed. Therefore, the project complies with the stream buffer and setback standards. Per RMC 4-3-050, streams and their buffers are required to be placed in a Native Growth Protection Area (NGPA) with split rail fencing installed around the perimeter of the entire NGPA. Based on aerial imagery and Google streetview data (Exhibit 12) reviewed by staff, the buffer area between the street and stream was relatively untouched until approximately 2015. However, the same imagery indicated that manicured lawn has been established on the north side of the stream for at least a decade and has been used was used as a recreation space by previous property owners as well as the applicant. In order to assist with the reestablishment of native plants in the buffer area between the ROW and stream, as well as to reduce the potential for future impacts, the stream and buffer area to the east of the stream should be protected by establishing a Native Growth Protection Easement and requisite split-rail cedar fencing. In addition, the stream should be restored to its unmolested state and all armoring both in-water and out of water removed, as is shown in the earlier imagery. Due to the fact that the area between the existing house and stream has historically consisted of manicured lawn, the split rail fence and Native Growth Protection easement may be established directly north of the stream . The full Native Growth Protection easement and fencing would then run along the stream until reaching the legally established driveway on the south side of the site, where it would then continue east until reaching the ROW. See Exhibit 11 for a detailed site plan showing the recommended easement area. In conclusion, staff recommends as a condition of approval that the applicant establish a Native Growth Protection Easement that encompasses the area between the west side of the stream and the public right- of-way identified as the “Stream NGPE area” on the site plan prepared by staff (Exhibit 11). The applicant should also be required to install a standard split rail fence with signage along the NPGE boundary on the north side of the stream in order to protect the stream from future impacts. The location of the split rail fence would be reviewed and approved by the Currently Planning Project Manager prior to installation. Staff also recommends as a condition of approval that applicant be required to demonstrate compliance with the Native Growth Protection Easement and split fence requirement prior to issuance of a Certificate of Occupancy for the addition. After completion of the mitigation plan, compliance with the requirements for long-term (5 years) maintenance and monitoring of the mitigation area plantings would be required per the process outlined in RMC 4-3-050.L.3.  Wellhead Protection Areas: DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 City of Renton Department of Community & Economic Development Jurgens Reasonable Use Variance Administrative Report & Decision LUA20-000006, ECF, RUV Report of April 14, 2020 Page 6 of 12 D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL Staff Comment: The project site is located within a Wellhead Protection Area Zone 1. According to the SEPA checklist submitted by the applicant, no fill is proposed to be brought onto the site. If fill is determined to be needed at a later point in the project and fill is brought onto the project site from another a location, a Fill Source Material Statement meeting the requirements in RMC 4-4-060 regarding the quality and type of fill shall be provided. Compliant if Reasonable Use Variance is approved 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: The existing wetland adjacent to the site is located within a native growth protection easement created as part of the development of a four (4) lot short plat in 2005 (LUA05-050). The easement is located across the four single-family home lots that were a part of the subject short plat. Based on the observations made by the consultant during a reconnaissance survey conducted in May of 2019, the wetlands (identified as Wetlands A in the report) was classified as Category II with four (4) habitat points. According to the report, the hydrology of the wetlands, a Riverine Hydrogeomorphic class containing a forested plan community, was found to be sustained from both groundwater seepage and overbank flooding created by development in the area. Plants identified in the wetland included salmonberry, Pacific willow, black cottonwood, skunk cabbage, Himalayan blackberry, and lady fern. According to the report, Wetland A, while not part of a larger wetlands system, provides hydrological functions such as sediment trapping and stormwater storage. In addition, the wetland offers some biological functions primarily by providing habitat area for a variety of wildlife species found in suburban habitats. The report also identifies the transportation of nutrients to downstream areas along the Kennydale Creek as an important function of the wetlands. Due to constraints on the west and south sides of the site such as a septic field, large mature trees, and protected slopes, the applicant is proposing to construct the addition on the north side of the home within the wetlands buffer but outside of the stream buffer. If constructed per the applicant’s submitted site plan (Exhibit 2), the addition DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 City of Renton Department of Community & Economic Development Jurgens Reasonable Use Variance Administrative Report & Decision LUA20-000006, ECF, RUV Report of April 14, 2020 Page 7 of 12 D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL would result in a wetlands buffer encroachment of approximately 85 feet. The addition would be located on top of an existing impervious, pollution-generating surface (compressed gravel). In order to offset the impact of the replaced impervious surface in the wetlands buffer, the applicant has proposed the removal of the second gravel driveway on the north side of the site. Removal of the gravel driveway would result in a net decrease in impervious surface on the site equal to approximately 11% of the total lot area (2,250 sq. ft.). The applicant has proposed the installation of grass in place of the gravel. In lieu of the criteria typically used to evaluate administrative buffer reductions of up to 25%, see FOF 18 below for analysis on the impacts of granting the requested reasonable use variance which would allow for a reduction greater than 25%. Wetlands and their buffers are typically required to be placed within a Native Growth Protection Area (NGPA) with split rail fencing installed around the perimeter of the NGPA. Due to the fact that the buffer extends across the majority of the site and encompasses both the existing home and proposed addition, staff supports the establishment of a reduced NGPA area that would protect the mitigation planting area identified in the Wetlands Mitigation Site Plan while allowing the applicant to continue using the front yard area for recreation. A Wetlands Mitigation Site Plan prepared by the applicant (dated February 21, 2020) was submitted to staff after review of the project by the Environmental Review Committee and therefore was not evaluated by staff prior to issuance of the SEPA decision. Based on the submitted mitigation plan, staff recommends as a condition of approval that the applicant establish a Native Growth Protection Easement that encompasses the entire wetland mitigation area (approx. 1,100 SF) identified as “New Native Trees and Shrubs” on the Wetlands Mitigation Site Plan (Exhibit 10). The applicant shall also be required to install a standard split rail fence with wetlands signage along the southern edge of the buffer in order to protect the proposed new native trees and shrubs. The location of the split rail fence shall be reviewed and approved by the Currently Planning Project Manager prior to installation. Staff also recommends as a condition of approval that applicant be required to demonstrate compliance with the Native Growth Protection Easement and split fence requirement prior to issuance of a Certificate of Occupancy for the addition. After completion of the mitigation plan, compliance with the requirements for long- term (5 years) maintenance and monitoring of the mitigation area plantings would be required per the process outlined in RMC 4-3-050.L.3. 17. Reasonable Use Variance Analysis: The applicant is requesting a variance to allow an addition to a future single-family residence to be located within the wetlands buffer of a Category II wetlands. The proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250.B.5. Therefore, staff recommends approval of the requested variance, subject to one condition of approval. Compliance Variance Criteria and Analysis Compliant if condition of approval is met a. 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 granting of the variance would 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 due to two factors. First, the proposed addition to the home would not encroach into any of the standard primary structure setback requirements for the R-4 zone. The existing home is setback significantly from both the Jones Ave NE (front yard) and the west DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 City of Renton Department of Community & Economic Development Jurgens Reasonable Use Variance Administrative Report & Decision LUA20-000006, ECF, RUV Report of April 14, 2020 Page 8 of 12 D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL property line (rear yard). The siting of the addition on the site would not affect the privacy or view of any of the surrounding homes due the large size of the property. Second, the claims that the granting of the variance for the buffer encroachment would not negatively impact the wetlands to the north located on private property, as demonstrated in the Wetlands and Stream Review (Exhibit 7) submitted by the applicant. The applicant contends that removal of a large portion of the existing gravel driveway within the buffer would actually provide a public benefit by reducing the amount of pollution-generating runoff entering the wetlands, the stream, and eventually Lake Washington. Staff has reviewed the applicant’s justifications and concurs with the reasoning provided. Staff finds that the proposed wetlands buffer encroachment would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated based on both the large size of the site and the findings of the submitted wetlands review. Staffs analysis assumes compliance with the SEPA mitigation measure approved by the Environmental Review Committee, which requires the applicant to submit an updated mitigation plan that adds native trees and shrubs in the buffer area. The granting of the variance would not result in an increase of impervious surface and would not require the removal of any significant vegetation. In addition, if constructed, the new addition would be located almost 50 feet from the nearest home to the northeast and the home would remain screened by existing vegetation along the north property line. Therefore construction of the addition in the proposed location would have a minimal visual impact on the adjacent neighbors to the north, south, and west and would not be materially detrimental or injurious to neighboring properties or the existing critical areas on and near the site.  b. There is no reasonable use of the property left if the requested variance is not granted. Staff Comment: The applicant did not directly address the criterion, but contended that reasonable use of the property in a manner similar to the surrounding properties is not possible due to the environmental constraints on the property. The lot, at 21,190 sq. ft., is significantly larger than the surrounding R-4 lots that range from approximately 5,400 sq. ft. to 12,000 sq. ft. The applicant purchased the larger lot in order to utilize the square footage for improvements such as a larger home and multiple accessory buildings. While other properties may utilize a building coverage limit 35%, the applicants available building coverage is significantly less after critical areas regulations are applied. Staff has reviewed the applicant’s justifications and concurs that there is no reasonable use of the property left if the requested variance is not granted. Due to the wetlands buffer covering the majority of the site, the existing home could not be expanded without obtaining a reasonable use variance and would be limited to the existing building coverage of approximately 5%. If the variance is granted, the construction of the addition would create a building coverage of approximately 10% which brings the building coverage percentage closer to that afforded to the neighboring property owners without environmental constraints (35% in the R-4 zone). Therefore the granting of the variance would allow the property to be used in a manner that is both reasonable and similar to adjacent properties in the R-4 zone.  c. That the approval is a minimum variance that will accomplish the desired purpose. DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 City of Renton Department of Community & Economic Development Jurgens Reasonable Use Variance Administrative Report & Decision LUA20-000006, ECF, RUV Report of April 14, 2020 Page 9 of 12 D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL Staff Comment: The applicant contends that due to the wetlands buffer and building setback covering the majority of the site (see Exhibit 2), the variance would allow for the proposed addition to be designed in a manner that will meet his family’s needs while decreasing the need for vegetation removal and additional pollution generating surfaces. Due to the buffer encompassing the majority of the site and the entire footprint of the existing building, almost no opportunity to construct an addition outside of the wetlands buffer is possible. Other locations for the addition were evaluated but were not considered feasible due to the presence of a large septic system drain field in the rear yard and existing large mature trees growing near the south and east facades of the existing home. Staff reviewed the variance request and concludes that the proposed encroachment into the wetland buffer would be the minimum required in order to meet the goal of constructing an addition that meets the applicant’s needs for additional living and garage space. In addition, the project would provide a higher quality wetlands buffer area by removing over 2,000 sq. ft. of pollution generating surface in the buffer, allows the septic field to continue functioning as designed in its current location, and protects multiple mature trees that would need to be removed if the addition were located on an alternative façade. Therefore, the requested wetland buffer encroachment would be the minimum necessary to accomplish the desired purpose. d. The need for the variance is not the result of actions of the applicant or property owner. Staff Comment: The house was constructed in 1974 by the original owner. Although the wetlands were likely established prior to the construction of the home, the buffer requirements have changed numerous times since the construction of the home, most recently during an update to the state and local critical areas regulations in 2014. In addition, the gravel driveway located within the buffer and proposed for removal by the applicant was installed prior the sale of the home as determined by staff analysis of aerial imagery from 2012 and 2015 (see Exhibit 7). Per King County records, the applicant purchased the home approximately three years ago and therefore the environmental conditions on and near the site were not the result of actions by the applicant.  e. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250.F are followed. Staff Comment: Per WAC 365-195-905, the criteria to determine whether information is considered the “best available science” includes Peer Review, Methods, Logical Conclusions and Reasonable Inferences, Quantitative Analysis, and the Utilization of Context References. The applicant submitted a Wetlands and Stream Report prepared by Altmann Oliver Associates, LLC, a firm from Carnation, WA that specializes in critical areas reconnaissance and environmental planning. According to their website, the firm has completed successful wetlands mitigation projects in many other communities in the Puget Sound region. The report included adequate analysis of the conditions and utilized best practices as determined by the Department of Ecology for wetlands identification and delineation. The consultant utilized a site visit and industry-standard wetlands references when making the determination that the project would not negatively impact the hydrology of the wetlands if particular conditions were met. With respect to the “Peer Review” criterion, a wetlands specialist with the Department of Ecology reviewed the report and generally concurred with the findings (Exhibit 8). The DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 City of Renton Department of Community & Economic Development Jurgens Reasonable Use Variance Administrative Report & Decision LUA20-000006, ECF, RUV Report of April 14, 2020 Page 10 of 12 D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL G.CONCLUSIONS: 1. The subject site at 2301 Jones Ave NE is located in the Residential Low Density (LD) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 14. 2. The subject site is at 2301 Jones Ave NE located in the Residential-4 (R-4) zoning designation. 3. The proposed variance application complies with the Critical Areas Regulations provided the applicant complies with City Code and the SEPA mitigation measure, see FOF 15. 4. The requested variance meets the five (5) criteria to be considered in making a decision on a reasonable variance request as specified in RMC 4-9-250.B.5, if the condition of approval is met. The analysis of the proposal according to variance criteria is found in the body of the Staff Report, see FOF 16. 5. Key characteristics of the project include the removal of approximately 2,200 of impervious surface (gravel driveway), the planting of native shrubs, trees, and ground cover in the wetlands buffer along the north property line, and daylighting of the Type Ns stream under the existing gravel driveway. H. DECISION: The Jurgens Reasonable Use Variance File No. LUA20-000006, ECF, RUV as depicted in Exhibit 2, is approved and is subject to the following conditions: 1. The applicant shall comply with the mitigation measure issued as part of the Determination of Non- Significance – Mitigated threshold decision, dated February 25, 2020. 2. The applicant shall establish a Native Growth Protection Easement that encompasses the entire wetland mitigation area (approx. 1,100 SF) identified as “New Native Trees and Shrubs” on the Wetlands Mitigation Site Plan (Exhibit 10). 3. The applicant shall install a standard split rail fence with City of Renton standard wetlands signage along the southern edge of the Native Growth Protection Easement in order to protect the proposed new native trees and shrubs. The location of the split rail fence shall be reviewed and approved by the Current Planning Project Manager prior to installation. 4. The applicant shall demonstrate compliance with both the Native Growth Protection Easement and split fence requirement for the wetlands prior to issuance of a Certificate of Occupancy for the addition. 5. The applicant shall establish a Native Growth Protection Easement that encompasses the area including the stream and area east of the stream between the public ROW and stream (apprx. 1,400 SF) identified as “stream mitigation area” on the staff prepared site plan (Exhibit 11). 6. The applicant shall restore the stream to a native state including the removal of any manmade armoring or fill from the stream channel. The restoration shall occur prior the issuance of a Certificate of Occupancy for the addition. 7. The applicant shall install a standard split rail fence with City of Renton standard stream signage along the perimeter of the Native Growth Protection Easement in order to protect the stream and stream only deviation from the consultant’s report was a recommendation to plant additional native plant species in place of the gravel driveway that is proposed for removal. Staff incorporated the comments from DOE into the recommendation to the Environmental Review Committee and a mitigation measure was included in the February 24, 2020 decision. Therefore, the proposed variance is based on consideration of the best available science as described in WAC 365-195-905. DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 City of Renton Department of Community & Economic Development Jurgens Reasonable Use Variance Administrative Report & Decision LUA20-000006, ECF, RUV Report of April 14, 2020 Page 11 of 12 D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL buffer. The location of the split rail fence shall be reviewed and approved by the Currently Planning Project Manager prior to installation. 8. The applicant shall demonstrate compliance with both the Native Growth Protection Easement and split fence requirement for the stream prior to issuance of a Certificate of Occupancy for the addition. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Jennifer Henning, Planning Director Date TRANSMITTED on April 14, 2020 to the Owner/Applicant/Contact: Owner/Applicant/Contact: Steve Jurgens 2301 Jones Ave NE Renton, WA TRANSMITTED on April 14, 2020 to the Parties of Record: None TRANSMITTED on April 14, 2020 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager 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 April 28, 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). 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. EXPIRATION: The Variance and Modification decisions 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 DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 4/14/2020 | 4:21 PM PDT City of Renton Department of Community & Economic Development Jurgens Reasonable Use Variance Administrative Report & Decision LUA20-000006, ECF, RUV Report of April 14, 2020 Page 12 of 12 D_Admin Report_Jurgens Reasonable Use Variance_200224_v6_FINAL 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: 34C80822-CE90-47F6-A17C-7826571E0423 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Jurgens Reasonable Use Variance Land Use File Number: LUA20-000006, ECF, RUV Date of Report February 26, 2020 Staff Contact Alex Morganroth Senior Planner Project Contact/Applicant Steve Jurgens 2301 Jones Ave NE Renton, WA Project Location 2301 Jones Ave NE The following exhibits are included with the Administrative report: Exhibits 1-8: ERC Report and Exhibits (dated February 24, 2020) Exhibit 9: Jones Ave NE Frontage Improvements Sketch prepared by Scott Warlick, City of Renton Exhibit 10: Wetland Mitigation Site Plan prepared by applicant (dated February 21, 2020) Exhibit 11: Site Plan prepared by Staff (dated April 12, 2020) Exhibit 12: Google Imagery Exhibit 13: Administrative Staff Report for Jurgens RUV DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 Exhibit 98' landscape strip5' sidewalkparkingLandscaping typ. Mailbox to be relocated 8' New Curb line w/10' radii at transitions New sidewalk to meet all ADA standards Asphalt transition back to shoulder 6' = 6" curb, 5' Sidewalk, and 6" handrail on the backside of sidewalk. Handrail required in areas where the drop off from the sidewalk would be greater than 30" 22' DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 200'107'100'30'7'170' EXISTING SHED EXISTING SINGLE FAMILY STRUCTURE PROPOSED ADDITION DEMOLISH EXISTING PORCH JONES AVE NEWETLAND MITIGATION SITE PLAN SCALE: 1" = 20' PROJECT DESCRIPTION CONSTRUCTION OF A 2-STORY ADDITION TO THE EXISTING SINGLE FAMILY RESIDENCE. DEMOLITION OF EXISTING PORCH. ADDITION CONSISTS OF GARAGE ON 1ST FLOOR AND ADDITIONAL LIVING SPACE ON 2ND FLOOR. N EXISTING GRAVEL DRIVEWAY EXISTING CONCRETE PATIO EXISTING RETAINING WALL EXISTING GRAVEL DRIVEWAY LEGAL DESCRIPTION LOT 330, HILLMANS LK WN GARDEN OF EDEN # 5 N 107 FT OF E 200 FT LESS S 7 FT OF W 30 FT THOF ADDRESS: 2301 JONES AVE NE, RENTON, WA 98056 SEPTIC FIELD * *** * ** * ** * ** * * * 1,100 sf 2,220 sf 1,703 sf LEGEND 1,100 SF NEW GRASS (ORIGINALLY GRAVEL) 1,150 SF NEW NATIVE TREES AND SHRUBS (SEE PLANTINGS SCHEDULE) 1,703 SF ADDITION TO EXISTING STRUCTURE (NET 1,523 SF AFTER DEMOLITION) 2,220 SF REMAINING IMPERVIOUS GRAVEL AREA (WAS 5,740 SF) CATEGORY 2 WETLAND KENNYDALE CREEK EXISTING TREE 1,150 sf * PLANTINGS SCHEDULE SYMBOL SCIENTIFIC NAME COMMON NAME QTY SIZE L LONICERA INVOLUCRATA BLACK TWINBERRY 11 1 GAL PC PHYSOCARPUS CAPITATUS PACIFIC NINEBARK 11 1 GAL R ROSA PISOCARPA CLUSTERED ROSE 11 1 GAL S SYMPHORICARPOS ALBUS SNOWBERRY 11 1 GAL TP THUJA PLICATA WESTERN RED CEDAR 12 2 GAL TPTPTPTPTPTPTPTPTPTPTPTP L L L L L L L L L L L PC PC PC PC PC PC PC PC PC PC PCRRRRRRRRRRRSSSSSSSSSSS Exhibit 10 DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 RECEIVED 01/31/2020 amorganroth PLANNING DIVISION Exhibit 11Split railfencingStreamsplit-railfence tiesinto wetlandssplit railfencingStreammitigationareaDocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 Exhibit 12 Google Streetview, 2012 Google Streetview, 2019 DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423 COR Maps (Aerial Imagery via King County), 2015 COR Maps (Aerial Imagery via King County), 2020 DocuSign Envelope ID: 34C80822-CE90-47F6-A17C-7826571E0423