HomeMy WebLinkAboutD_Burnett_32nd_ST_Corner_Lot_Variance_v2_200803DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
D_LUA20-000131_Burnett 32nd ST Corner Lot Variance_v2
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: August 3, 2020
Project File Number: PR20-000176
Project Name: Burnett and 32nd ST Corner Lot Variance
Land Use File Number: LUA20-000131, V-A
Project Manager: Angelea Weihs, Associate Planner
Owner: Shirley Jacobs, 903 N 32nd ST, Renton, WA 98056
Applicant/Contact: Glenn Knowle, Kennydale Realty, 1321 N 32nd ST, Renton, WA 98056
Project Location: 903 N 32nd ST
Project Summary: The applicant is requesting approval of a corner lot width variance for an underlying
parcel 3342101510 (Lot 1) located at 903 N 32nd Street, in order to segregate two
underlying parcels (3342101510 and 3342101515) into two legal lots. The two lots
are within the Residential – 8 (R-8) Zone and are each 5,100 square feet. In 1946, a
single-family home was built over the shared lot line, resulting in a lot combination.
Per RMC 4-11-120, an applicant can request a segregation of lots where structures
had been constructed over the lot line, provided that the underlying lots comply with
the minimum lot size, width, and depth requirements at the time of segregation, and
the structure over the lot line has been removed. The underlying Lot 1 does not
comply with the required minimum corner lot width of 60 feet. The existing lot width
is 50 feet, rather than the required 60 feet; therefore, the applicant is requesting a
corner lot width variance so that the parcel will comply with current development
standards and the two lots can be segregated in compliance with the requirements
for lot segregation, per RMC 4-11-120, Lot Combination. The existing single-family
home is proposed for removal. No critical areas are mapped on the project site.
Site Area: 5,100 square feet (0.12 acres)
DocuSign Envelope ID: 6C2A0DB5-44A8-448E-9FC2-295FEE15786B
City of Renton Department of Community & Economic Development
Burnett and 32nd ST Corner Lot Variance
Administrative Report & Decision
LUA20-000131, V-A
Report of August 3, 2020 Page 2 of 7
D_Burnett and 32nd ST Corner Lot Variance
B. EXHIBITS:
Exhibit 1: Staff Report
Exhibit 2: Site Plan
Exhibit 3: Project Narrative
Exhibit 4: Variance Justification
Exhibit 5: Advisory Notes
C. GENERAL INFORMATION:
1. Owner(s) of Record: Shirley Jacobs, 903 N 32nd ST, Renton, WA 98056
2. Zoning Classification: Residential-8 (R-8)
3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD)
4. Existing Site Use: Single-family Residence
5. Critical Areas: No critical areas are mapped on site.
6. Neighborhood Characteristics:
a. North: N 32nd ST, Single-family, Residential – 8 (R-8)
b. East: Single-family, Residential – 8 (R-8)
c. South: Single-family, Residential – 8 (R-8)
d. West: Burnett Ave N, Single-family, Residential – 8 (R-8)
7. Site Area: 5,100 SF
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 2531 12/31/1969
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
2. Chapter 9 Permits - Specific
a. Section 4-9-250: Variances, Waivers, Modifications, And Alternates
3. Chapter 11 Definitions
DocuSign Envelope ID: 6C2A0DB5-44A8-448E-9FC2-295FEE15786B
City of Renton Department of Community & Economic Development
Burnett and 32nd ST Corner Lot Variance
Administrative Report & Decision
LUA20-000131, V-A
Report of August 3, 2020 Page 3 of 7
D_Burnett and 32nd ST Corner Lot Variance
F. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on June 9,
2020, and determined the application complete on June 25, 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 2-5).
3. The project site is located 903 N 32nd ST.
4. The project site is currently developed with an existing single-family home, which is proposed for removal.
5. The applicant proposes to access both Lots 1 and 2 via N 32nd ST. The two lots abut an unimproved public
alley right-of-way. Per RMC 4-4-080F.7.b, for lots abutting an alley, all parking areas and/or attached or
detached garages shall not occur in front of the building and/or in the area between the front lot line and
the front building line; parking areas and garages must occur at the rear or side of the building, and
vehicular access shall be taken from the alley. The applicant will be required to demonstrate compliance
with access requirements at the time of building permit application.
6. The property is located within the Residential Medium Density (MD) 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-H: Plan for high-quality residential growth that supports transit by providing
urban densities, promotes efficient land utilization, promotes good health and physical
activity, builds social connections, and creates stable neighborhoods by incorporating
both built amenities and natural features.
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.
Policy L-49: 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-8 (R-8) zoning classification.
8. There are two (2) trees located on-site, both of which are proposed for removal. A minimum of one tree
is required to be retained to comply with minimum tree retention regulations per RMC 4-4-130H.1.a. The
applicant will need to demonstrate compliance with tree retention regulations at the time of building
permit application.
9. No critical areas are mapped on the project site.
10. The applicant is proposing to begin construction in following land use and building permit review.
DocuSign Envelope ID: 6C2A0DB5-44A8-448E-9FC2-295FEE15786B
City of Renton Department of Community & Economic Development
Burnett and 32nd ST Corner Lot Variance
Administrative Report & Decision
LUA20-000131, V-A
Report of August 3, 2020 Page 4 of 7
D_Burnett and 32nd ST Corner Lot Variance
11. The following variances to RMC 4-2-110A have been requested by the applicant:
RMC Code Citation Required Standard Requested Variance
RMC 4-2-110A
Development
Standards for
Residential Zoning
Designations
(Primary
Structures)
60-foot Corner Lot Width
Minimum
The applicant is requesting approval of a 50
foot corner lot width variance from RMC 4-2-
110A, where a 60 foot corner lot width is
required, so that underlying Lot 1 will comply
with current development standards, and the
two underlying lots can be segregated.
12. No public or agency comments were received.
13. 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.
14. Variance Analysis: The applicant is requesting approval of a 50 foot corner lot width variance from RMC
4-2-110A, where a 60 foot corner lot width is required, so that Lot 1 will comply with current development
standards and the two underlying lots can be segregated in compliance with the requirements of RMC 4-
11-120, Lot Combination. 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, with conditions.
Compliance Variance Criteria and Analysis
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 City of Renton currently has several R-8 zoned lots, under common ownership,
throughout the City where structures have been constructed over lot lines. Structures
are not permitted to be constructed over a lot line and any structure constructed over a
lot line would not comply with the setback requirements of the zone. In addition, the
construction of a structure over a lot line results in the lot functioning as a single lot or
one lot as opposed to two. The property located at 903 N 32nd ST has two underlying
parcels (3342101510 and 3342101515). In 1946, a single-family home was built over
the shared lot line, resulting in a lot combination. RMC 4-11-120, Lot Combination,
allows for the segregation of lots where structures have been constructed over the lot
line, provided that the underlying lots comply with the minimum lot size, width, and
depth requirements of the zone. Underlying parcel number 3342101510 (Lot 1) does not
comply with the required minimum corner lot width of 60 feet, but does comply with
the lot size and depth requirements of the zone. The applicant is requesting a corner lot
width variance for the 50-foot wide underlying parcel so that the parcel will comply with
development standards and the two lots can be segregated in compliance with code.
Several corner lots within two blocks of this project are approximately 50 feet in width,
and are below the minimum corner lot width requirement of the zone, including: 825 N
DocuSign Envelope ID: 6C2A0DB5-44A8-448E-9FC2-295FEE15786B
City of Renton Department of Community & Economic Development
Burnett and 32nd ST Corner Lot Variance
Administrative Report & Decision
LUA20-000131, V-A
Report of August 3, 2020 Page 5 of 7
D_Burnett and 32nd ST Corner Lot Variance
32nd ST, 3117 Burnett Ave N, 3100 Burnett Ave N, 818 N 32nd ST, 3103 Park Ave N,
3301 Burnett Ave N, and 3004 Burnett Ave N.
Staff has reviewed the variance request and concludes that, while the size, shape,
topography, location and surroundings of the subject property do not prevent the strict
application of the Code, special circumstances exist on the project site, which prevent
the applicant from enjoying the same rights and privileges enjoyed by other property
owners in the vicinity. Both underlying lots (parcel numbers 3342101510 and
3342101515) meet the lot size and depth requirements for the R-8 zone. Lot 2 (parcel
number 3342101515) also meets the lot width requirements of the zone. The underlying
lots could be segregated and developed if the underlying corner lot (parcel number
3342101510) complied with the minimum corner lot width requirements. Therefore, the
strict application of the code prevents the applicant from developing on an otherwise
buildable underlying lot which was legally created in 1904 within King County
Jurisdiction, and which is comparable in size and dimension to other corner lots in the
Kennydale community.
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 proposed variance to the corner lot width requirements
would not be materially detrimental to the public welfare or injurious to the properties
in the vicinity. If the variance is granted, additional new single-family residence can be
erected which will benefit the city and the local community by providing off-site
improvements that will create better accessibility and curb appeal. In addition,
segregation of these underlying lots will encourage infill development of single-family
units as a means to meet growth targets and provide new housing.
Staff concurs with the applicant that the proposal would not be materially detrimental
to the public welfare or injurious to the property or improvements in the vicinity and
zone. Development of this site will create more opportunities for new housing and
public right-of-way improvements. Furthermore, there are numerous homes in the
neighborhood located at corners that have been constructed on 50-foot wide lots.
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:
As previously discussed above, the applicant contends that the proposed variance from
RMC 4-2-110A to the corner lot width requirements would not be a special privilege
inconsistent with other properties in the vicinity, as other developed corner lots in the
vicinity of the project site have similar lot sizes and dimensions. These underlying lots
and the surrounding lots in the neighborhood were legally created in 1904 within King
County Jurisdiction, before the area was annexed into the City of Renton via Ordinance
#2531 on December 31, 1969. Many other existing corner lots in the area were created
per the applicable King County Zoning and are also considered to be nonconforming in
regards to lot width requirements.
Staff concurs that the requested variance would not be a special privilege inconsistent
with other properties in the vicinity, as the current lot dimensions are consistent with
DocuSign Envelope ID: 6C2A0DB5-44A8-448E-9FC2-295FEE15786B
City of Renton Department of Community & Economic Development
Burnett and 32nd ST Corner Lot Variance
Administrative Report & Decision
LUA20-000131, V-A
Report of August 3, 2020 Page 6 of 7
D_Burnett and 32nd ST Corner Lot Variance
G. CONCLUSIONS:
1. The subject site is located at 903 N 32nd ST. The site is within the Residential – 8 (R-8) zoning classification.
2. The applicant is requesting approval of a 50 foot corner lot width variance from RMC 4 -2-110A, where a
60 foot corner lot width is required, so that the parcel would comply with current development standards
and the two lots can be segregated in compliance with RMC 4-11-120, Lot Combination.
3. The requested variance 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, provided conditions of approval are met. The analysis of the
proposal according to variance criteria is found in the body of the Staff Report, see FOF 14.
H. DECISION:
The Burnett and 32nd ST Corner Lot Variance, File No. LUA20-000131, V-A, as depicted in Exhibit 2, is approved
and is subject to the following condition:
1. A demolition permit shall be applied for and final inspection completed for the existing single-family
home, and the applicant shall request and receive legal lot determination from the city, prior to variance
expiration.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Vanessa Dolbee, Interim Planning Director Date
the surrounding neighborhood. Based on the analysis provided above under a. and b.,
staff believes that approval of a reduced corner lot width to 50 feet would not constitute
a grant of special privilege inconsistent with the limitation upon use of other properties
in the vicinity.
Compliant
Provided
Condition of
Approval is
Met
d. That the approval is a minimum variance that will accomplish the desired purpose.
Staff Comment:
The applicant contends that the requested corner lot width variance is the minimum
needed to accomplish the desired purpose. Approval of this variance would allow the
owners to segregate the property into two legal lots for the future construction of two
single-family homes, provided the existing single-family home over the shared property
line is demolished. Staff recommends as a condition of approval that the existing single-
family home be removed in order to be consistent with the definitions of “lot, legal” and
“lot combination” per RMC 4-11-120.
Staff have reviewed the request and agrees that the corner lot width variance from RMC
4-2-110A is the minimum variance necessary to allow for the segregation of the
underlying lots following demolition of the existing single-family home. Therefore, staff
supports the variance from RMC 4-2-110A for a 50-foot corner lot width for the subject
site in the R-8 zone.
G. CONCLUSIONS:
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8/3/2020 | 3:51 PM PDT
City of Renton Department of Community & Economic Development
Burnett and 32nd ST Corner Lot Variance
Administrative Report & Decision
LUA20-000131, V-A
Report of August 3, 2020 Page 7 of 7
D_Burnett and 32nd ST Corner Lot Variance
TRANSMITTED on August 3, 2020 to the Owner/Applicant/Contact:
Owner: Applicant/Contact:
Shirley Jacobs,
903 N 32nd ST,
Renton, WA 98056
Glenn Knowle, Kennydale Realty,
1321 N 32nd ST,
Renton, WA 98056
TRANSMITTED on August 3, 2020 to the following:
Chip Vincent, CED Administrator
Jennifer Henning, Interim CED Administrator
Brianne Bannwarth, Development Engineering Manager
Amanda Askren, Property Services
Anjela Barton, Fire Marshal
I. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION:
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 August 17, 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.
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