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HomeMy WebLinkAboutJ_ Justifications_Administrative_and_Shoreline_VariancesJ_ Justification: Administrative and Shoreline Variances 1 J Justifications: Administrative and Shoreline Variances ADMINISTRATIVE VARIANCE RMC 4-9-250 VARIANCES, WAIVERS, MODIFICATIONS, AND ALTERNATES B. VARIANCE PROCEDURES: RESPONSE The Administrator has the authority to approve, or approve with conditions, applications for variances from the development standards of the city development, such as, an expanded single family residence on a pre-existing platted lot where there is not enough developable area elsewhere on the site to accommodate building pads and provide practical off-street parking, providing reasonable use of the property. (RMC 4-9-250B.1.b.v.a) However, when a proposal also requires a variance to the Shoreline Master Program, the hearing Officer shall consider the combined requests in a combined public hearing. The Applicant requests two Administrative variances: 1. Setbacks. (Upland from the 25-foot OHWM setback) Front yard variance. The front (east) yard angles from northeast to southwest along the existing right-of-way. At its closest, the eastern façade of the existing dwelling is 6 feet 3 inches from the east property line. The Applicant proposes to construct a garage on the existing concrete driveway that, at its closest, will be 2 inches from the east property line. Side yard variance. The existing dwelling is between (NW corner) 6 feet 10- 7/8 inches (6’ 10-7/8”) and (NE corner) 7 feet 2- 7/16 inches (7’ 2”) from the north property line. The dwelling is between (SW corner) 5 feet (5’ 0”) and (SE corner) 4 feet 10-7/8 inches (4’ 10-7/8”) from the south property line. Following the plane of the north facade, the garage wall on the north side (proposed NE corner) will be 7 feet 3-3/8 inches (7’ 3-3/8”) from the north property line. The most southern structural point (proposed SE corner) will be setback from the southern property line by approximately 4 feet 9 inches (4’ 9”). 2. Building height variance: The wall plate height of the existing two-story dwelling is 16 feet 3-1/2 inches from highest grade. The Applicant proposes to add an additional story that will increase the wall plate to 28 feet 3-1/2 inches. On the rooftop the Applicant will construct transparent safety railing that will bring the combined height of the building and railing to 33 feet 9-1/2 inches. The maximum roof height 30 feet 3-1/2 inches. B6. Decision Criteria: Except for variances from critical areas regulations, a determination shall be made in writing that the conditions specified below have been found to exist: 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; RESPONSE Other properties within the historic Garden of Eden No 2 plat are zoned R-6 and are regulated by the Renton Shoreline Master Program. There are 27 single-family lots in the subdivision that are east of the Lake Washington Blvd. and former railroad right-of-way and west of Lake Washington. J_ Justification: Administrative and Shoreline Variances 2 Setbacks. The property Owner, Ryan Asdourian, has been diagnosed with Multiple Sclerosis and, as the disease progresses, will suffer practical difficulties. As he ages and the disease progresses, he will require special accommodations. Consequently, he desires to remodel his existing dwelling to accommodate his changing needs and his growing family. The proposed yard and height variances are necessary to address these circumstances. As discussed above, the lawfully platted property, lot 0070, does not meet the current minimum yard width standards. The standard is 60 feet and the greatest lot width, at the east, is 51 feet. The lot depth is 25 feet shorter at the right-of-way than 85% of the other lawfully platted lots in this subdivision. Consequently, the size and shape of the subject lot are special circumstances applicable to this lot and not others. The subject lot has a 25-foot OHWM setback on the west and on the north. The consequence of the double shoreline and the mandatory 25-foot setback is to limit development of this lawfully created property on two sides. No other lots within the vicinity and under the same Lake Washington Shoreline Environmental Designation (SED) have a shoreline on two sides of their lot. As shown in the Residential Comparison section above, the City of Renton has issued building permits which allow single-family dwellings to substantially encroach on their respective side yards and the front yards. Therefore, strict application of the zoning code standards relating to front and side yard setbacks will deprive the Owner of the right to add a garage to the eastern end of the property, a right and privilege enjoyed by other property owners in the vicinity and under identical zone classifications. Wall plate height and building stories. The wall plate height of the existing two-story dwelling is 16 feet 3-1/2 inches. The Applicant proposes to increase the wall plate height to 28 feet 3-1/2 inches. Maximum proposed roof height would be 30 feet 3-1/2 inches and the transparent roof railing height would be 33 feet 9-1/2 inches. The historic Lake Washington Garden of Eden No 2 plat created lots that were 20 feet wide. Over time these narrow lots combined with adjacent lots to create a buildable area. These combinations are as small as two lots combined to five combined lots. The subject lot, #0070, is a combination of two lots, #14 and #15 and is one of the narrowest lots east of Lake Washington Blvd. (By comparison, the adjacent lot to the north (#0011) is a combination of five lots and the adjacent lot to the south ($0080) is a combination of four ancient lots.) Despite having more area to work with, these lots have still been afforded the right to expand beyond the scope of the regulations considered in these variance requests. As shown in the Residential Comparison section above, the City of Renton has issued building permits which allow other single-family dwellings to substantially increase the height of existing or new single- family dwellings. For the subject lot to enjoy the same right and privilege enjoyed by other lots, i.e., to enlarge the dwelling, the significantly narrow lot width forces the Owner to build higher, above the 24-foot wall plate height and include three stories. 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 J_ Justification: Administrative and Shoreline Variances 3 As shown in the Residential Comparison section above, the majority of houses east of Lake Washington Blvd in the R-6 zone are substantially larger than the subject dwelling, and not only because of their larger lots, but in height and relation to the property boundaries too. Adding a garage on existing impervious surface area and increasing the building height will be in keeping with building activity within the immediate vicinity. Therefore, the proposed setback and height administrative variances will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone. The increase will be consistent with other city-approved permits and the character of the surrounding homes. 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 As shown in the Residential Comparison section above, many of the houses east of Lake Washington Blvd in the R-6 zone substantially encroach into the side yard setback area. Because of the very narrow public access into the subdivision, a substantial majority of the dwellings in the immediate vicinity encroach into the front yard setback. The Owner is merely asking for the same setback and height privileges that other property owners in the vicinity and zone enjoy. d. That the approval is a minimum variance that will accomplish the desired purpose. RESPONSE The proposed ceiling height is the minimum within the conceptual design proposed. Within the proposed third story, the ceiling heights in the first and second stories are not altered. The second story ceiling, third story floor conceptual structural system will be approximately 24 inches deep (24”). Starting at the existing second story plate line 16 feet 3-1/2inch(16’ 3-1/2”) there will be a minimum of an additional 2 feet (2’) of floor structure added then 10 feet (10’) to third floor ceiling height, and an additional minimum of 2 feet (2’) of roof structure. The transparent guard rails on the roof will be approximately 33 feet 9-1/2 inches (33’ 9-1/2”) allowing approximately for a 42 inch (42”) transparent guard rail. The proposed height allows for structural flexibility at the time of actual structural member sizing. The proposed garage setbacks are dictated by a minimum reasonable garage area. Additionally, the requirement for all forms of accessibility, including wheelchair access from the rear and side of the vehicle, requires maximizing the garage space, which the conceptual design minimally achieves that. SHORELINE VARIANCE The Applicant requests two Shoreline variances: 1. Building Height. The Applicant proposes to increase the building height within the 25-foot OHWM setback. 2. Lot Coverage. The Applicant proposes to exceed the 25% lot coverage (building footprint) requirement within 100 feet of the OHWM. J_ Justification: Administrative and Shoreline Variances 4 Maximum Impervious Surface Area. The existing site development exceeds the 50% maximum impervious surface requirement within 100 feet of the OHWM. The proposed remodel and construction of the garage will occur within 100 feet of then OHWM. However, the proposed construction will not result in an increase of impervious surface coverage. The dwelling will rise from within the existing footprint and the garage will be constructed on an area already covered by concrete. Therefore, the Applicant is not applying for a new variance to the 50% maximum impervious surface requirement. The shoreline variance approval criteria are discussed below in response to RMC 4-9-190 and WAC 173- 27-170. RMC 4-9-190.I.4. VARIANCES AND WAC 173-27-170(2): a . Purpose: The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in the Shoreline Master Program where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of the master program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. b. Decision Criteria: Variance permits should be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances shall be shown, and the public interest shall suffer no substantial detrimental effect. RESPONSE RCW 90.58.020 recognizes that unrestricted construction on the privately owned shorelines of the state is not in the best public interest and, at the same time, recognizes that protecting private property rights is consistent with the public interest. The state legislation requires planning for and fostering all “reasonable and appropriate uses.” The state policy is designed to ensure the development of shorelines in a manner that will promote and enhance the public interest. State policy contemplates protecting against adverse effects to the public health, the land, and its vegetation and wildlife. Single-family residential uses are a priority on the shoreline under the Renton Shoreline Master Program. The Renton SMP established a Single-Family Shoreline Environmental Designation (SED). (RMC 4-3- 090C.3) The Renton SMP allows single family residential use when the development is consistent with the Renton Comprehensive Plan and Zoning Code and when residential structures provide setbacks and buffers consistent with Table 4-3-090D7a – Shoreline Bulk Standards, or as modified by an approved variance. RMC 4-3-090D.9. By creating a single-family SED, the city of Renton has identified a reasonable and appropriate uses within the Shoreline jurisdiction that both enhances the public interest and protects private property rights. i. Variance permits for development and/or uses that will be located landward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030(2)(c), and/or landward of any wetland as defined in RCW 90.58.030(2)(h), may be authorized provided the applicant can demonstrate all of the following: These are the same five criteria enumerated under WAC 173-27-170(2) and will serve as the same answer. RESPONSE The proposed improvements are all landward from the OHWM. (a) That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with, reasonable use of the property; J_ Justification: Administrative and Shoreline Variances 5 RESPONSE RCW 90.58.030 and WAC 173-27-030 do not define reasonable use in the context of shoreline regulations. In the Renton SMP, RMC 4-3-090D.2.c.iii(c) addresses the concept of “reasonable use” solely within the context of critical area regulations, “Within the shoreline jurisdiction, reasonable use is demonstrated through the shoreline variance.” RMC 4-11-180, Definition R, defines reasonable use as, “A legal concept that has been articulated by federal and state courts in regulatory takings issues.” The reasonable use of the property includes the right to use the property for single-family dwelling in the R-6 zone, and within the Single-Family Residential SED. Reasonable use can also be defined as the right to use the single-family lot to the same degree as other owners in the vicinity enjoy. The applicable bulk, dimensional or performance standards are provided in RMC Table 4-3-090D7a – Shoreline Bulk Standards. Within the Single-Family SED:  Yard setbacks are “Governed by underlying zoning in chapter 4-2 RMC except in cases where specific shoreline performance standards provide otherwise. A zoning variance from the front and side yard standards may be granted administratively if needed to meet the established shoreline buffer or setback from OHWM, as specified in this Section and if the variance criteria of RMC 4-9- 250 are met.”  Maximum building height within 100 feet of the OHWM is 35 feet. However, the maximum wall plate height in the R-6 zone is 24 feet.  Impervious Area Landward of the Buffer and within 100 ft. of OHWM – Maximum is 50% (Note 11 - In cases where the buffer is less than one hundred feet (100') from the OHWM, the area landward of the buffer and within one hundred feet (100') of the OHWM is permitted a maximum of fifty percent (50%) impervious surface, unless a different standard is stated below.”  Lot Coverage for Buildings Landward of the Buffer and within 100 ft. of OHWM – Maximum is 25%. The Applicant proposes to increase the building height within the 25-foot OHWM setback from a 24 feet wall plate height to 28 feet 3-1/2 inches. The Applicant proposes to exceed the 25% lot coverage (building footprint of the garage) requirement within 100 feet of the OHWM by an additional 293 sf, albeit landward of the OHWM. West of the Lake Washington Blvd right-of-way within the Garden of Eden No 2 plat, all the uses are single family residential uses, consistent with their SED designation. As demonstrated in the Residential Comparison section above, most of the residential structures in the vicinity exceed the building height limitation of 24 feet wall plate height and 25% maximum lot coverage standard. Failure to grant the requested Shoreline variances would significantly interfere with the reasonable residential use of the property for the applicant who, now and in the future, has special considerations that must be addressed for the use and enjoyment of his property. (b) That the hardship is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant's own actions; RESPONSE J_ Justification: Administrative and Shoreline Variances 6 The subject lot does not meet the minimum lot width in the R-6 zone. The eastern end of the property is 25 feet shorter than 85% of the residential lots west of Lake Washington Blvd. in the vicinity. No other lot within this region of the Garden of Eden No 2 plat has a Shoreline along two sides of the property. The irregular lot shape and natural features are specifically related to the subject property and are not the result of the Applicant or Owner’s own actions. Application of the master program to this lot results in substantial and unique hardships from unique, lot-specific conditions. (c) That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment; RESPONSE The area is zoned R-6, which provides for single-family dwellings. Houses west of Lake Washington Blvd in the vicinity maximize their footprint and many are three stories tall. The proposed remodel of the existing house is compatible with other authorized uses in the area. The proposal will not add any impervious surface area within the property because the garage will be built on existing concrete. Within the 25-foot OHWM setback, the remodeled dwelling will rely exclusively on the existing footprint. There will be no construction waterward of the 25-foot setback. Therefore, the proposed remodeling will not cause adverse impacts to the shoreline environment. (d) That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; RESPONSE As demonstrated in the Residential Comparison section above, many dwellings within the immediate area maximize lot coverage and have increased building height above the 24-foot wall plate height limit. The Applicant and Owner are not requesting a grant of special privilege the City has withheld from other properties in the area. (e) That the variance requested is the minimum necessary to afford relief; and RESPONSE The proposed ceiling height is the minimum within the conceptual design proposed. Within the proposed third story, the ceiling heights in the first and second stories are not altered. The second story ceiling, third story floor conceptual structural system will be approximately 24 inches deep (24”). Starting at the existing second story plate line 16 feet 3-1/2inch(16’ 3-1/2”) there will be a minimum of an additional 2 feet (2’) of floor structure added then 10 feet (10’) to third floor ceiling height, and an additional minimum of 2 feet (2’) of roof structure. The transparent guard rails on the roof will be approximately 33 feet 9-1/2 inches (33’ 9-1/2”) allowing approximately for a 42 inch (42”) transparent guard rail. The proposed height allows for structural flexibility at the time of actual structural member sizing. The proposed garage setbacks are dictated by a minimum reasonable garage area. Additionally, the requirement for all forms of accessibility, including wheelchair access from the rear and side of the vehicle, requires maximizing the garage space, which the conceptual design minimally achieves that. (f) That the public interest will suffer no substantial detrimental effect. RESPONSE J_ Justification: Administrative and Shoreline Variances 7 The proposed use is an allowed use in the Single-Family SED. Remodeling the dwelling for continued single family use is consistent with the public interest in the SED. The remodeled structure will not encroach waterward of the existing footprint. No soil disturbance is proposed within the 25-foot OHWM setback. The additional height will not exceed the 35-foot SMP height limitation. The building will be no taller than the adjacent dwellings to the north and south. here are no houses between the subject property and the eastern right-of-way of Lake Washington Blvd. Houses east of the Boulevard are situated on elevated ground. The proposed building height will not obstruct views from dwellings east of Lake Washington Blvd. Therefore, the public interest will not suffer and substantial detrimental effect for granting the requested variances. ii. Variance permits for development and/or uses that will be located waterward of the OHWM, as defined in RCW 90.58.030(2)(c), or within any wetland as defined in RCW 90.58.030(2)(h), may be authorized provided the applicant can demonstrate all of the following: RESPONSE The proposed improvements are all upland from the OHWM. CONCLUSION The applicant has demonstrated compliance with the applicable administrative and shoreline variance approval criteria.