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HomeMy WebLinkAboutCitys - COR Exhibit 1_City Written Response to Appeal and ExhibitsJune 5, 2020 SUBJECT: City Written Response to Appeal – Apex Lot Line Adjustment, LUA20-000064, LLA Case No. PR20-000064 Mr. Hearing Examiner: Within the appeal request submitted by the applicant, Vann Lanz, on April 23, 2020, the applicant identified his concerns regarding staff’s analysis of the principles of acceptability for a lot line adjustment. Pursuant to the Hearing Examiner’s pre-hearing order issued in this matter, this provides staff’s response. RMC 4-7-060B lists the four “principles of acceptability” that the Administrator or designee considers, along with all other relevant information, when making a decision on a Lot Line Adjustment (LLA) application. These four principles of acceptability were identified in the administrative decision (See Exhibit 1), and staff provided analysis on each of the four principles. The applicant raised concerns in the written appeal regarding the administrative decision’s analysis of the principles of acceptability. The applicant asserts that denial of the LLA, as proposed, serves to effectively eliminate the practical use of the upland portions of parcels 1 and 2 (See Exhibit 2) due to the steep slopes that divides the lower portion of the lots from the higher portion. The applicant further asserts that, as there is no access to the upper portions of these lots due to the steep slopes, denial of the LLA prevents the current property owners from building on the upper land area which consequentially has a substantial risk associated with not being able to monitor the activity on said land. The applicant asserts that the proposed LLA adjustment is both correcting and improving as it ensures that the upper land area has topographically feasible access, which makes the land area buildable and improves visibility. In addition to the arguments above, the applicant states that while proposed Lot 3 has more lot corners than the existing condition, other lots in the vicinity and in the City have excessive corners. While staff agrees that the proposed LLA does serve to improve topographically feasible access to the upland area of existing Lots 1 and 2, the code does not require that all areas of every lot are buildable and accessible. Per RMC 4-7-170B, Access Requirements, the code does require that each lot must have access to a public street or road. Currently, all existing lots meet this access requirement. Both existing Lots 1 and 2 have buildable land area, accessible from a public street (Stevens Ave NW), with adequate room to build new single family homes. The applicant has indicated that new single family homes are proposed to be built on the lower portions of Lots 1 and 2 in the future. Existing Lot 3 has an existing single family home, which is proposed to be retained, and currently gains access via a dead-end cul-de-sac to the south (Seneca Ave NW). Therefore, the LLA decision does not serve to prevent reasonable use of Lots 1 and 2. As stated in the administrative decision, the proposed LLA creates an unusual lot shape for proposed Lot 3, with two large portions on land connected by a narrow portion of land that is only 17 feet wide. While this connection does not meet the definition of a flagpole lot, it does create the same undesirable effect of having a portion of a lot only accessible to the public street via a narrow width. In addition, proposed Lot 3, which currently has 5 corners, would result in a lot with 10 to 12 corners with this LLA. The unusual lot shape for Lot 3, as well as the narrow lot connection as described above and in the administrative decision, does not meet the principle of acceptability number 2, which requires that a LLA create better lot design. Furthermore, per RMC 4-7-170A, “insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines.” Existing Lots 1, 2, and 3 currently comply with this code requirement; however, the proposed lot line adjustment does not comply with this requirement. Therefore the proposed LLA creates nonconformity with current code. The applicant provided an alternative LLA proposal with the appeal request (Exhibit 3). This proposal does not include Lot 3 and was not submitted with the original project application. Because this alternative proposal is significantly different than the original application, it would ordinarily require a new application for review and decision. However, as a courtesy to the applicant, staff reviewed the alternative LLA and provides the following advisory analysis. The alternative LLA proposes to relocate the shared lot line between Lots 1 and 2 to the north, which would reduce the lot width of Lot 1 to 60 feet. The applicant states that the purpose of this request is to create a buildable pad for Lot 2; however, the applicant does not clarify why the existing Lot 2 width (115.05 feet) does not currently provide adequate buildable area for a new single family residence. However, the proposed alternative proposal increases nonconformity with maximum lot dimension ratio requirements per RMC 4-7-170E, which requires that no residentially zoned lot shall have a depth-to-width ratio greater than four-to-one (4:1). Therefore, the alternative proposal does not meet the principles of acceptability for a LLA, and staff would recommend denial of the alternative LLA proposal, as shown in Exhibit 3. If you have further questions regarding these comments, please contact me at aweihs@rentonwa.gov. Sincerely, Angelea Weihs Associate Planner April 9, 2020 Dan Touma Touma Engineers 255 SW 41st Street Renton, WA 98057 SUBJECT: NOTICE OF LOT LINE ADJUSTMENT DECISION Apex Lot Line Adjustment, LUA20-000064, LLA Dear Mr. Touma: The City of Renton has finished reviewing your proposed lot line adjustment. A lot line adjustment shall only be used to transfer land between abutting legally created lots for the purpose of rectifying a disputed property line location or freeing such a boundary from any difference or discrepancies, improving lot design or access, or attaining compliance with Title IV standards or requirements. Section 4-7-060B, lists 4 principles of acceptability that the Administrator or designee considers, along with all other relevant information, when making a decision on a Lot Line Adjustment application. A lot line adjustment shall be consistent with the following principles of acceptability: Principals of Acceptability Compliance 1.Correcting: Adjust lot lines including the elimination of a common lot line in order to correct property line or setback encroachments; Staff Comment: The applicant is requesting a Lot Line Adjustment to adjust the lots lines for three existing parcels: parcel numbers 1823059005, 18230590778, and 9133600040. The total area of all three lots is 127,331 square feet. The applicant is proposing to reduce Lot 1 (parcel number 1823059005) from 44,397 square feet to 17,924 square feet. Lot 2 (parcel number 1823059078) is proposed to be reduced from 60,390 square feet to 40,779 square feet, and Lot 3 (parcel number 9133600040) is proposed to be increased from 22,544 square feet to 68,628 square feet. All three parcels are Compliance Not Met City of Renton Department of Community & Economic Development Apex Lot Line Adjustment Administrative Modification Report & Decision LUA20-000064, LLA Report of April 9, 2020 Page 2 of 5 located in the Residential-8 (R-8) zoning designation. Currently Lots 1 and 2 are vacant, rectangular shaped lots that are accessed via Stevens Ave NW to the east. Lot 3 is a pentagon shaped lot that is currently occupied by an existing single-family home (proposed to be retained) and gains access via a dead-end cul-de-sac to the south (Seneca Ave NW). Access for all three lots are proposed to remain as- is. Currently, lots 2 and 3 have a shared property line, with a width of only 17 feet (Exhibit 1). On lots 1 and 2, a protected slope runs down the middle of the lots from north to south, which serves to separate the west half of the lots from the east half of the lots. As a result, the applicant states that the west half of lots 1 and 2 will be unusable for the future property owners of these lots. Therefore, the applicant seeks move the rear property line of lots 1 and 2 to the east, abutting the top of the slope, in order to allocate the land area on the top of the slope to Lot 3. The applicant argues that this would create useable space for this land area on the top of the slope, which would be used for additional yard space for Lot 3. This additional yard space would only be accessible to Lot 3 via the 17 width narrow space with which is currently the shared lot line of Lots 2 and 3. While staff does agree that accessing the upland portion of Lot 2 and 3, as currently configured, is challenging, the proposed line adjustment does not serve to correct lot lines or eliminate encroachments, rather the proposed LLA is a significant change from the current configurations, results in a unusual lot shape for Lot 3 (Exhibit 1), and increases nonconformity with RMC 4-7-170, Residential Lots – General Requirements and Minimum Standards. For example, proposed Lot 3, which currently has 5 corners, would result in a lot with 10 to 12 corners. This proposed unusual lot shape does not meet the intended objectives of Renton Municipal Code for improving lot design. While the proposed Lot 3 does not meet the strict definition of a flagpole lot, it does create the same undesirable effect of having a portion of a lot only accessible to the public street via a narrow portion of the lot. In addition, this proposed design creates challenges for application of code regulations in the future, including setbacks. Furthermore, per RMC 4-7-170A, “insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines.” Existing Lots 1, 2, and 3 currently comply with this code requirement; however, the proposed lot line adjustment does not comply with this requirement, and therefore increases nonconformity with current code. 2.Improving: Create better lot design, or improve access;Compliance Not Met City of Renton Department of Community & Economic Development Apex Lot Line Adjustment Administrative Modification Report & Decision LUA20-000064, LLA Report of April 9, 2020 Page 3 of 5 Staff Comment: The applicant states that the purpose of the lot line adjustment is to allocate upland land area, which is current not accessible to the lowland area of Lot 1 and 2, to Lot 3. The applicant states that this proposal improves accessibility to this portion of the lots, which is currently unusable by the property owners because of the steep slopes that divide the lots in half. While the proposal does increase accessibility to this upland area, the proposal does result in nonconformity with RMC 4-7-170, as stated above. In addition, while the code does encourage improving accessibility, the objective of this code is to ensure that all lots have access to a public or private street. The purpose of this code is not to ensure that all areas of a lot are accessible, especially at the expense of compliance with code requirements or lot design. 3.Approval Criteria: a.An additional lot, parcel or tract shall not be created; and b.The subject lots, parcels or tracts are within the same zoning district; and c.The proposed adjustments shall not cause the lots, parcels or tracts to increase the nonconformity with respect to applicable zoning (see RMC 4-2), subdivision and other code requirements pertaining to lot design, building location, and development standards; and d.The adjusted lot line(s) is shared by the subject lots. Staff Comment: No additional lots or tracts were created as part of this lot line adjustment, the adjusted lot lines are shared by the subject lots, and all three lots are located within same zoning designation. However, as stated above, the proposed lot line adjustment does not comply with RMC 4-7-170A, which requires that side lot lines shall be at right angles to street lines or radial to curved street lines. The proposal does not improve lot design, but rather creates unusual lot shapes, which is not the intended objective of the code. Compliance Not Met 4.Non-Evasive: Lot line adjustments shall not serve to eliminate or circumvent any state or local requirements, including but not limited to frontage improvements, payment of fee-in-lieu, payment of latecomer fees or the installation of required infrastructure. a.Assessment of fees, right-of-way dedication and frontage improvements for the entire length of the property line(s) Compliance Not Yet Demonstrated City of Renton Department of Community & Economic Development Apex Lot Line Adjustment Administrative Modification Report & Decision LUA20-000064, LLA Report of April 9, 2020 Page 4 of 5 bordering rights-of-way may be required as a condition of approval for a lot line adjustment. b.Lots, parcels or tracts that are increased in area by lot line adjustments shall not be permitted to be subdivided for five (5) years following the date upon which the lot line adjustment is recorded or three (3) years following the approval of a lot line adjustment, whichever is longer, unless the following is met: i.The subdivision application includes all lots, parcels and tracts involved in the lot line adjustment in the overall subdivision; or ii.All required infrastructure, including but not limited to frontage improvements, required infrastructure and utility lines are constructed along the frontage of all lots included in the lot line adjustment. (Ord. 5728, 10-20-2014) Staff Comment: Currently lots 1 and 2 are vacant, rectangular shaped lots that are accessed via Stevens Ave NW to the east. Lot 3 is a pentagon shaped lot that is currently gains access via a dead-end cul-de-sac to the south (Seneca Ave NW). Access for all three lots are proposed to remain as-is. The proposed lot line adjustment did not include frontage improvements or right-of-way dedication. Complete street standards under RMC 4-6-060 would be reviewed if a building or land use permit application is submitted for these lots. The proposed lot line adjustment does not rectify a disputed property line, improve design or access, or result in compliance with Renton Municipal Code Title IV; therefore, the proposed lot line does not meet the intent, purpose, or principals of acceptability for approval of a lot line adjustment. DECISION: The proposal does not satisfy 3 of the 4 principles of acceptability listed in 4- 7-060B for approval of lot line adjustments. Therefore, the proposed Apex Lot Line Adjustment, Project Number LUA20-000064, LLA is denied. This decision to deny the proposed lot line adjustment is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative decision must be filed with the City of Renton Hearing Examiner by 5:00 pm, April 23, 2020. Due to the Governor Inslee’s “Stay Home, Stay Healthy” order (Proclamation 20-25), the City Clerk’s Office is working remotely. For that reason appeals must be submitted electronically to cityclerk@rentonwa.gov. The appeal fee, normally due at the time an City of Renton Department of Community & Economic Development Apex Lot Line Adjustment Administrative Modification Report & Decision LUA20-000064, LLA Report of April 9, 2020 Page 5 of 5 appeal is submitted, will be collected at a future date. Appeals to the Examiner are governed by RMC 4-8-110 and information on the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. If you have further questions regarding this project, please contact me at aweihs@rentonwa.gov. Sincerely, Angelea Weihs Associate Planner cc: Apex Development, James and Lynette Lotterer/ Owner(s) Vann Lanz/ Applicant