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Home My WebLink AboutPN_Asdourian_House_Remodel_Project_Narrative_1-26-21 Asdourian House Remodel 3901 Lake Washington Blvd. North, Renton, WA - Application for Shoreline Exemption and Variances and Administrative Adjustments Prepared for City of Renton, WA January 26, 2021 Prepared by Bruce Sinkey, NW Architectural, LLC and Eric Eisemann, E2 Land Use Planning Services, LLC Renton, WA i January 26, 2021 PN_Asdourian House Remodel Project Narrative CONTACT LIST APPLICANT OWNER Northwest Architectural, LLC 19705 SW 65th Ave. Tualatin, OR 97062 503-619-7070 Contact – Bruce Sinkey, AIA bsinkey@gmail.com https://www.nwarchitectural.com/about Ryan and Ashley Asdourian 3901 Lake Washington Blvd. North, Renton, WA 98056 206-963-4718 Contact – Ryan Asdourian rasdo@live.com SUBCONTRACTORS E2 Land Use Planning Services, LLC Lucky Lager Building, Suite 201 215 W 4th Street Vancouver, WA 98660 360.750.0038 Contact – Eric Eisemann e.eisemann@e2landuse.com http://www.e2landuse.com/ Johns Monroe Mitsunaga Koloušková, PLLC 11201 SE 8th, # 120 Bellevue, WA 98004 (425) 467-9967 Contact – Dean Williams williams@jmmlaw.com Wetland Resources 9505 19th Ave SE #106 Everett, WA 98208 (425) 337-3174 Contact – Scott Brainard, PWS scott@wetlandresources.com https://www.wetlandresources.com/ Renton, WA ii January 26, 2021 PN_Asdourian House Remodel Project Narrative TABLE OF CONTENTS Table of Contents CONTACT LIST ........................................................................................................................................................................................................ 2 FIGURES AND REPORTS REFERENCED (RENTON ELECTRONIC FILE NAME CONVENTIONS) .................................................................. 3 1. SHORELINE EXEMPTION, SHORELINE AND ADMINISTRATIVE VARIANCES ......................................................................................... 1 A. Land Use Applications ............................................................................................................................................................................. 1 B. Basic Facts .............................................................................................................................................................................................. 2 C. Nonconforming site development ............................................................................................................................................................ 5 D. Residential Comparisons ........................................................................................................................................................................ 7 2. APPROVAL CRITERIA .................................................................................................................................................................................. 13 A. Zoning Districts – Uses and Standards RMC 4-2 ................................................................................................................................. 13 RMC 4-2-060 Zoning Use Table – Uses Allowed in Zoning Designations ............................................................................................ 13 RMC 4-2-110A Development Standards for Residential Zoning Designations (Primary Structures) ................................................... 13 RMC 4-2-115, Residential Design and Open Space Standards ........................................................................................................ 14 RMC 4-4-070, Landscaping ................................................................................................................................................................ 14 RMC 4-4-075, Lighting, Exterior On-Site ............................................................................................................................................ 14 RMC 4-4-095, Screening and Storage Height/Location Limitations ................................................................................................... 14 B. Nonconforming ...................................................................................................................................................................................... 14 RMC 4-10-010 Nonconforming Lots ..................................................................................................................................................... 14 RMC 4-10-020 Nonconforming Site Development Standards ........................................................................................................... 15 RMC 4-10-095 Shoreline Master Program, Nonconforming uses, Activities, Structures, and Sites ................................................. 16 C. Administrative Variance ......................................................................................................................................................................... 18 RMC 4-9-250 Variances, Waivers, Modifications, and Alternates ..................................................................................................... 18 D. Shoreline Variance ................................................................................................................................................................................ 21 RMC 4-9-190.I.4. Variances and WAC 173-27-170(2): ........................................................................................................................ 21 3. CONCLUSIONS ............................................................................................................................................................................................. 24 FIGURES AND REPORTS REFERENCED (RENTON ELECTRONIC FILE NAME CONVENTIONS) A Signed Master Application Form J Justification for Administrative and Shoreline Adjustments and Variances MAP Asdourian Vicinity Map NOA Affidavit of Installation of Public Information Sign Notarized NOA Land Use Action Sign Text NOA Land Use Action Sign V1 NOA Land Use Action Sign V2 P Asdourian Vicinity Map P 001 Axis Survey 1-8-21 P 002 C1 Large Scale Survey 1-8-21 P 003 A1 Site Plan 1-8-21 Renton, WA iii January 26, 2021 PN_Asdourian House Remodel Project Narrative P 004 A1.0 Proposed 11 by 17 Site Plan 1-8-21 P 005 A1.1 Elevation EW 1-8-21 P 006 A1.2 Elevation N 1-8-21 P 007 A1.3 Elevation S 1-8-21 P 008 A2 3D Views 1-8-21 P 009 A2.1 Level 1 Preliminary Plan 1-8-21 P 010 A2.2 Level 2 Preliminary Plan 1-8-21 P 011 A2.3 Level 3 Preliminary Plan 1-8-21 PN Asdourian House remodel Project Narrative 1-26-21 RS Northwest Architectural Lake Study 20102 SC Submittal Checklist W Waiver Submittal Requirements (002) Renton, WA 1 January 26, 2021 PN_Asdourian House Remodel Project Narrative 1. SHORELINE EXEMPTION, SHORELINE AND ADMINISTRATIVE VARIANCES A. LAND USE APPLICATIONS The Applicant, Bruce Sinkey, on behalf of the Owner, Ryan and Ashley Asdourian, are applying for multi- ple land use applications for the purpose of remodeling an existing single-family dwelling located within the Renton R-6 zone and the Lake Washington Shoreline Environmental Designation (SED). In a September 21, 2020 email to the applicant, Jill Ding, Renton Senior Planner, described the land use applications the proposed remodel will trigger: Renton Shoreline exemption A shoreline exemption is required for alterations to an existing single-family residence within the 200-foot shoreline jurisdiction. Renton Administrative variances The proposed addition area within the front setback and side yard setback (along the south property line) would require administrative front and side yard setback variances. The proposal to exceed the 24-foot wall plate height and 2 story height limits would require an adminis- trative height variance. Renton Shoreline variances The proposal to increase the building height within the shoreline setback would require a hearing exam- iner shoreline variance with final approval by the Department of Ecology. The proposal to exceed the 25% lot coverage (building footprint) requirement within 100 feet of the OHWM would require a hearing examiner shoreline variance with final approval by the Department of Ecology. Potential variance The proposal appears to result in no increase of impervious surface coverage, the existing site exceeds the 50% maximum impervious surface requirement within 100 feet of the ordinary high water mark, if changes are proposed that resulted in additional impervious surface coverage, the proposal would require a hearing examiner shoreline variance with final approval by the Department of Ecology. The approval criteria for administrative variances are found in Renton Municipal Code (RMC) 4-9.250B6. The approval criteria for Shoreline variances are found in RMC 4-9.190.I.4.b. Compliance with WAC 173- 27-170 is also necessary. RESPONSE The proposed building remodel will occur primarily within the existing dwelling footprint and will not cre- ate any additional impervious surface coverage. The proposed garage will extend the existing footprint upland from the 25-foot OHWM on to an existing concrete driveway. Therefore, the applicant does not anticipate that the city will require a Shoreline variance for exceeding the 50% impervious coverage. Renton, WA iii January 26, 2021 PN_Asdourian House Remodel Project Narrative Therefore, the Applicant requests: • A Shoreline Exemption for construction of a single-family residence for use by owner or owner’s family. • Administrative Variances for front and side yard setbacks and for exceeding the 24-foot wall plate height regulation and two story height limit. • Shoreline Variances to increase the building height within the shoreline setback and to exceed the 25% lot coverage (building footprint) requirement within 100 feet of the Ordinary High Water Mark (OHWM) of Lake Washington. B. BASIC FACTS 1. Project name, size, and location of site:  Name: Asdourian House Remodel  Owner: Ryan and Ashley Asdourian  Lot size o Total area = 0.31 ac. (13,503.6 sf) includes lake area o Upland = 2,275 sf  Dwelling footprint o Existing dwelling footprint = 1,029 sf  Location: 3901 Lake Washington Blvd. North, Renton, WA; o Tax ID: 3342700070 o Legal: Hillmans LK WN Garden of Eden #2 & SH LDS ADJ (platted circa 1910) Ryan and Ashley Asdourian (Owners) own the subject property, a two-story frame construction dwelling con- structed circa 1971. The lot on which the dwelling sits was platted as part of the Hillmans Lake Washington Garden of Eden subdivision in 1910. More than 80% of the 13,503.6 sf of the lot is below the surface of Lake Washington. Mr. Bruce Sinkey, Northwest Architectural, LLC (Applicant), on behalf of Ryan and Ashley Asdourian (Owners), pro- poses to substantially remodel an existing dwelling (Project Site) within the same footprint of the current dwelling. Renton, WA 3 January 26, 2021 PN_Asdourian House Remodel Project Narrative The current dwelling is approximately 20 feet high, measured from the upland grade to the highest point of the roof. The proposal will increase the height of the existing dwelling to approximately 29 feet 8 inches (29‘ 8”) to accommodate a flat roof. The Owners also propose to construct a garage on the east face of the site on existing concrete parking surface. The site is within the jurisdiction of the Shoreline Management Act and Renton shoreline implementing master pro- gram and regulations. The remodeled dwelling will remain below the maxi- mum 35-foot building height in the Renton Shoreline Master Program regu- lations. Portions of the lot and existing dwelling are within the Ordinary High-Water Mark (OHWM) 25-foot shoreline mini- mum setback. 2. Zoning Designation of the site and adjacent properties:  Zoning Designation: Residential – (R-6)  Adjacent properties – R-6 zoning  Overlay: Renton Shoreline Master Program overlay for Lake Washington 3. Current use of the site and existing improvements:  Current use – Residential dwelling. The subject property is flanked to the north and south by resi- dential development, to the east by Lake Washington Boulevard North, and to the west and North by Lake Washington.  Existing improvements – The existing house, driveway, and deck cover most of the property. Be- tween the house and the shoreline, the backyard is covered entirely by a large deck. A small, veg- etated area consisting of mostly English ivy is located under the deck along the waterfront. A maple tree located off site of the north property line provides limited vegetative cover. (See Exist- ing conditions boundary and topography survey by Axis Survey and Mapping.). 4. Special site features(i.e., wetlands, water bodies, steep slopes):  Lake Washington, Single-family residential Shoreline Environmental Designation (SED) 5. Statement addressing soil type and drainage conditions:  The soils underlying the subject property are Alderwood (AgC) gravelly sandy loam, 8 to 15 per- cent slope. Upslope, east of Lake Washington Drive, the soil type is Indianola (InC) loamy sand, 5 to 15 percent slopes.  Existing drainage is on-site surface infiltration and dispersal into the lake. The proposed remodel will not increase the amount of run-off or infiltration. Renton, WA iii January 26, 2021 PN_Asdourian House Remodel Project Narrative 6. Proposed use of the property and scope of the proposed development (i.e., height, square footage, lot coverage, parking, access, etc.):  Proposed use: Single family residential dwelling and associated garage. Scope of proposed development: The applicant proposes to add additional height to the dwelling, entirely within the boundary of the existing impervious surfaces. The proposal will not increase on-site impervious surfaces. The footprint of the first and second floor of the structure will not change within the OHWM setback and the footprint will be no closer to the shoreline. The addi- tional height will be partially within the required 25-foot setback, but not beyond the footprint of the first floor. All existing overwater structures (dock) will remain. Given no vegetation removal will occur, impervious surfaces will not increase, and improvements will be behind (landward) of the existing primary structure first floor footprint, no net loss of shoreline ecological function will occur. (See Lake Study Report, p. 6)  Height: The height of the existing dwelling is 16 feet to the top of the wall plat and 20 feet to the highest point of the roof. The proposed construction will elevate the dwelling to 29 feet 8 inches at the highest point to accommodate a flat roof.  Square footage: The existing building footprint is approximately 1,029 sf. The proposed remodel and construction of a garage will increase the combined building footprint to 1,342 sf, an in- crease of 313 sf. The existing livable area will increase from 1,800 sf to 4,106 sf.  Lot Coverage: The existing dwelling, parking area, walking surface and decks cover nearly all the site. The proposed construction will not increase impervious surface area. o Upland area = 2,725 sf o Existing lot coverage = 1,342 sf (49% of the upland site) o Proposed new pollution-generating impervious surface (PGIS) area = 0 sf o New + replaced PGIS = - 211 sf (removing 211 sf of existing PGIS area)  New pervious concrete area = 100 sf  Parking: The area between east property line and the existing building facade is a concrete sur- face currently used for parking. The proposal is to construct a small garage in the existing con- crete area and use the balance of the concrete surface for parking.  Access: Access to the property is from the east via Lake Washington Boulevard North. 7. Proposed off-site improvements (i.e., installation of sidewalks, fire hydrants, sewer main, etc.):  None h. Total estimated construction cost and estimated fair market value of the proposed project;  Estimated construction cost: $375,000  Estimated fair market value of remodeled house: $1,750,000 Renton, WA 5 January 26, 2021 PN_Asdourian House Remodel Project Narrative 9. Estimated quantities and type of materials involved if any fill or excavation is proposed:  None 10. Number, type, and size of trees to be removed:  None 11. Explanation of any land to be dedicated to the City:  None 12. Name of adjacent water area or wetlands: Lake Washington  Nature of existing shoreline – describe: Existing development along the lake’s shoreline is limited to the existing rock bulkhead deck and dock. The face of the bulkhead clearly defines the OHWM of Lake Washington. No vegetation is pre- sent waterward of the OHWM and no aquatic vegetation or lake-fringe wetlands are present. No other habitat features are known to be or in the vicinity of the subject property. Type of shoreline (i.e., lake, stream, lagoon, marsh, bog, floodplain, floodway):  Lake Type of beach (i.e., accretion, erosion, high bank-low bank):  Low bank  Riprap and developed dock. Beach substrate consists of sorted sand and large cobble pieces on a moderate grade. The extent and type of any bulkheading:  Existing rock bulkhead deck and dock 13. The number and location of structures and/or residential units (existing and potential) which might have views obstructed because of the proposed project  None (Based on preliminary view analysis). C. NONCONFORMING SITE DEVELOPMENT The proposed remodel will occur almost entirely within the existing footprint of the current dwelling. The addition of a small garage between the east façade and the east property line, to be built over an existing concrete driveway, will extend beyond the dwelling’s existing footprint. The existing dwelling has a wall plate height less than 24 feet. The remodeled dwelling will exceed the wall plate height limit but be less than the 35-foot shoreline building height limit. The existing dwelling, constructed in 1976, and lot development do not meet current Renton dimensional standards. Therefore, the site is a nonconforming development in several ways:  The existing dwelling does not meet the front and side yard setback standard for the R-6 zone. The current front yard setback is 6 feet 3 inches from the eastern property line. The existing side Renton, WA iii January 26, 2021 PN_Asdourian House Remodel Project Narrative yard setbacks are 7 feet 3 inches on the north and 4 feet 9 inches on the south. The existing rear yard setback from the existing dwelling to the waterfront is 5 feet 7 inches. No changes are proposed to the foot print of the building along the rear and side yards. The construction of the garage would reduce the existing front yard setback of 6 feet 3 inches to 2 inches. The wall height on all facades will be extended to 29 feet 8 inches.  The existing lot coverage (building footprint) is approximately 49%, exceeding the 25% require- ment within 100 feet of the OHWM.  The existing impervious surface area coverage is greater than 50% of the lot. (Discounting the lake area of the lot) The eastern shoreline of Lake Washington has witnessed a significant amount of residential construction – some of it within the 25-foot OHWM setback. The applicant is merely asking for a property right, to re- model an existing dwelling, that others have been granted and enjoy. Lotting pattern Below, the detail from the King County Tax Assessor’s map (NW-32-24-05) is of the C.D. Hillman Lake Washington Garden of Eden No. 2 plat. Between Lake Washington Blvd and the Southern Pacific Railroad right-of-way and Lake Washington there are 27 lots. Lots 0070, 0080, 0100 and 1100 are setback 25 feet from the eastern right-of-way. The plat detail shows that the four lots are inset 25 feet further west than the similarly situated lots along this accessway. These four lots are essentially 25 feet less deep than the neighboring lots to the north and the south. (See plat de- tail below) Renton, WA 7 January 26, 2021 PN_Asdourian House Remodel Project Narrative D. RESIDENTIAL COMPARISONS The subject property is identified as # 0070. The plat indicates the land area is 3,034 sf. The light blue line indicates the approximate location of the 200-foot shoreline jurisdiction on both the west and the north- ern side of lot 0070. To the east is Lake Washington Blvd. and the former railroad right-of-way. The Property Owner, Mr. Ryan Asdourian, provided a series of photographs based on field investigations to illustrate how other single-family residential dwellings and appurtenances respond to the height and bulk standards in the R-6 zone and Lake Washington SMP overlay. All photographs were taken in the fall of 2020 and are of buildings within the Garden of Eden NO 2 plat west of Lake Washington Blvd. right-of- way. Renton, WA iii January 26, 2021 PN_Asdourian House Remodel Project Narrative Building height and proximity to the Shoreline OHWM. 6409 Ripley Ln SE, Renton, WA 98056 4 bd 3 ba 2,350 sf; Year Built: 2003 3619 Lake Washington Blvd N, Renton, WA 98056 2 bd 2.5 ba 2,010 sf Renton, WA 9 January 26, 2021 PN_Asdourian House Remodel Project Narrative 2805 Mountain View Ave N, Renton, WA 98056 3 bd2.5 ba 3,050 sf Renton, WA iii January 26, 2021 PN_Asdourian House Remodel Project Narrative Front yard setbacks Building front setback is tight to the street. The city recently approved installation of an elevator in the front yard setback. The new construction in- cluding staircase and elevator are right up against the street. Same property but from opposite angle. Renton, WA 11 January 26, 2021 PN_Asdourian House Remodel Project Narrative The street pavement has been adjusted to match the front plane of the building. The electrical box ap- pears to be on the property and the street pavement is inches away. Additional examples of reduced front yard setbacks Renton, WA iii January 26, 2021 PN_Asdourian House Remodel Project Narrative Renton, WA 13 January 26, 2021 PN_Asdourian House Remodel Project Narrative 2. APPROVAL CRITERIA A. ZONING DISTRICTS – USES AND STANDARDS RMC 4-2 RMC 4-2-060 ZONING USE TABLE – USES ALLOWED IN ZONING DESIGNATIONS RESPONSE Detached single-family residential dwellings are a permitted use in the R-6 Zone RMC 4-2-110A DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY STRUCTURES) RESPONSE Standard R-6 Zone Required Proposed Minimum Density 3 units/net acre 1 existing unit Maximum Density 6 units 1 existing unit Maximum number of units 1 existing unit Minimum Lot size 7,000 SF Exiting lot is 13,626 sf, upland is 3,034 sf Maximum lot width 60 feet 51 feet at front Minimum depth 90 feet 376.79 feet total, 59’ 4” on south side to OHWM and 69’ 1” on north side to OHWM Minimum front yard set back 25 feet 2 inches Maximum Rear yard setback 25 feet No change from existing setback: 5’ 7” at NW corner & 13’ at SW corner Maximum Side Yard Setback Combined 15 ft. with not less than 5 ft. on either side. No change from existing: North side from 6’9” to 7’ 2” & South side from 4’9” to 5’ Maximum building coverage 40% 293 sf increase for garage Maximum impervious surface area 55% 211 sf reduction Maximum wall plate height 24 feet 29’ 8” Maximum number of stories 2 3 Maximum tree density 2 trees/5,000 sf No trees on site, upland area is 3,034 sf Renton, WA iii January 26, 2021 PN_Asdourian House Remodel Project Narrative RMC 4-2-115, RESIDENTIAL DESIGN AND OPEN SPACE STANDARDS Section 4-2-115, Residential and Open Space Standards apply to all new primary dwelling units in the Res- idential-6 (R-6) zone. However, “the standards of the Residential Design subsection are required to be ad- dressed at the time of application for building permits.” RMC 4-2-115B.1) RESPONSE The Owner shall demonstrate compliance with the applicable Residential Design regulations at the time of building permit application. RMC 4-4-070, LANDSCAPING Additions to existing buildings that increase the gross square footage of the building by greater than one- third (1/3). RMC 4-2-070B.1.c. However, single family residential building permits, when not a part of a new subdivision are exempt from the requirements of chapter 4-4-070, Landscaping. RESPONSE Chapter 4-4-070, Landscaping, is not applicable to the remodel of the existing dwelling. RMC 4-4-075, LIGHTING, EXTERIOR ON-SITE RESPONSE At the time of building permit application, consistent with this chapter, the Owner shall demonstrate that all exterior house lighting is downlighted or placed beneath building eaves to prevent light projecting up- ward. RMC 4-4-095, SCREENING AND STORAGE HEIGHT/LOCATION LIMITATIONS RESPONSE The proposed dwelling remodel will not create any storage areas. This section is not applicable. The lot and existing development. The applicant shall either demonstrate conformance with applicable lot and development standards or apply for the necessary variances. B. NONCONFORMING RMC 4-10-010 NONCONFORMING LOTS Nonconforming lots may be developed and used if the proposed use is permitted in the zone, and the proposed development will comply with the remaining development standards for the zone and other land use and environmental requirements, as applicable. RESPONSE The proposed remodel of an existing single-family dwelling is an allowed use in the R-6 zone. The existing lot does not meet the 60-foot minimum lot width, which constrains the ability of the development to meet the side yard setback. The upland portion of the lot is less than 7,000 sf. The applicant shall either demonstrate conformance with applicable development standards or apply for the necessary variances. Renton, WA 15 January 26, 2021 PN_Asdourian House Remodel Project Narrative RMC 4-10-020 NONCONFORMING SITE DEVELOPMENT STANDARDS A. A nonconforming site shall not be altered unless the change conforms to the standards of this Title. RESPONSE The Applicant does not propose any changes to the lot area. The Applicant will apply for administrative variances to setback, lot coverage and wall plate height standards in the R-6 zone. B. Upon the restoration of a structure, commenced by a complete building permit application within one year of damage caused by fire, explosion or other unforeseen circumstances, valued to be greater than fifty percent (50%) of its assessed or appraised value, the site shall be brought into conformance with existing development standards; provided, however, that there shall be no limit on the restoration value of a single family dwelling if a complete building permit application is applied for within one year of damage. RESPONSE The building has not been damaged by fire, explosion, or unforeseen circumstances. This subsection is not applicable. C. For remodels or other alterations of an existing structure made within any three (3) year period which together exceed one hundred percent (100%) of the assessed or appraised value of the existing structure, the site shall be brought into compliance with this Title. For remodels or other alterations within any three (3) year period which exceed thirty percent (30%) of the assessed or appraised value, but do not exceed one hundred percent (100%), proportional compliance shall be required, as provided in subsection E of this Section. Remodels or other alterations within any three (3) year period that do not exceed thirty percent (30%) of the assessed or appraised value shall not be required to comply with the requirements of this subsection. Mandatory improvements for fire, life safety or accessibility, as well as replacement of mechanical equipment, do not count towards the cited monetary thresholds. RESPONSE The Applicant proposes to remodel an existing dwelling during a one-year period after issuance of a building permit. The King County Department of Assessments established the 2020 appraised value of the existing structure and improvements as $78,000. The estimated remodel construction costs are $375,000 which exceed 100% of the present appraised values of the existing structure. Therefore, the proposed remodel shall be brought into compliance with this title except where the Applicant proposes to vary from current administrative standards. D. Within any three (3) year period, upon expansion of any structure or complex of structures within a single site, which is over fifty percent (50%) of the existing floor area or building footprint, whichever is less, the site shall be brought into compliance with this Title. If the expansion is fifty percent (50%) or less, the site shall be brought into proportional compliance with existing development standards as provided in subsection E of this Section. RESPONSE The Applicant proposes to remodel an existing dwelling during a one-year period after issuance of a building permit. The floor area of the existing dwelling is 1,779 sf. The floor area of the dwelling after re- model will be 4,043 sf. Therefore, the proposed remodel shall be brought into compliance with this title except where the Applicant proposes to vary from current administrative standards. E. Proportional Compliance: The required physical site improvements to reduce or eliminate the nonconformity of the site shall be established by the following formula: Renton, WA iii January 26, 2021 PN_Asdourian House Remodel Project Narrative 1. Divide the dollar value of the proposed structure improvements, excluding mechanical equipment and mandatory improvements for life, safety, or accessibility, by the assessed or appraised value of the existing structure(s). 2. The monetary value of that percentage is then multiplied by ten percent (10%). 3. The dollar value of this equation is then applied toward reducing the nonconformities. Example: • Value of existing structure(s) equals $100,000; • Value of proposed improvements equals $20,000; • 10% multiplied by $20,000 equals $2,000; • $2,000 would be applied toward reducing the nonconformities. 4. The Department shall determine the type, location, and phasing sequence of the proposed site improvements. RESPONSE The proposed remodel shall be brought into compliance with this title except where the Applicant is ap- plying for Administrative variances for front and side yard setbacks and for exceeding the 24-foot wall plate height regulation. F. Exceptions: 1. Critical Areas Overlay: The provisions of this section do not apply to sites nonconforming to the requirements of RMC 4-3-050, Critical Areas Regulations. RESPONSE The property is within the Lake Washington Shoreline overlay. It is not within a critical area overlay. 2. Shoreline Master Program Regulations: The provisions of this section do not apply to sites nonconforming to the requirements of RMC 4-3-090, Shoreline Master Program Regulations. (Ord. 5869, 12-11-2017) RESPONSE The Applicant will apply for two variances to the RMC 4-3-090, to increase the building height within the shoreline setback and to exceed the 25% lot coverage (building footprint) requirement within 100 feet of the OHWM of Lake Washington. RMC 4-10-095 SHORELINE MASTER PROGRAM, NONCONFORMING USES, ACTIVITIES, STRUCTURES, AND SITES A shoreline use or development which was lawfully constructed or established prior to the effective date of the applicable Shoreline Master Program, or amendments thereto, but which does not conform to present regulations or standards of the program, may be continued; provided, that: A. NONCONFORMING STRUCTURES: Nonconforming structures with shoreline jurisdiction shall be governed by this Section with the exception of docks and piers, which shall be governed by RMC 4-3-090E7, Piers and Docks, and shoreline stabilization structures, which shall be governed by RMC 4-3-090F4, Shoreline Stabilization. RESPONSE The Applicant does not propose to alter existing docks or Shoreline stabilization. B. NONCONFORMING USES: Nonconforming uses within shoreline jurisdiction shall be governed by RMC 4-10-060, except where superseded by Subsection E or F of this Section. RESPONSE Renton, WA 17 January 26, 2021 PN_Asdourian House Remodel Project Narrative The existing dwelling is a conforming use as is the remodel of an existing dwelling. C. NONCONFORMING SITE: Nonconforming sites within the shoreline jurisdiction shall be governed by this Section. RESPONSE The existing lot does not meet applicable minimum lot width standards. D. RESERVED: E. CONTINUATION OF USE: The continuation of existing use and activities does not require prior review or approval. Operation, maintenance, or repair of existing legally established structures, infrastructure improvements, utilities, public or private roads, or drainage systems that do not require construction permits are allowed. Such improvements are only allowed if the activity does not modify the character, scope, or size of the original structure or facility or increase the impact to, or encroach further within, the sensitive area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair. Operation and maintenance includes vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure, or utilities; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the sensitive area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species. RESPONSE The existing dwelling is a conforming use. F. PARTIAL AND FULL COMPLIANCE, ALTERATION OF AN EXISTING STRUCTURE OR SITE: This Section is applied to lawfully established uses, buildings and/or structures, and related site development that do not meet the specific standards of the Shoreline Master Program, including but not limited to maximum building coverage and impervious area, building setbacks, and vegetation conservation buffers. Alteration of existing structures or impervious areas may take place with partial compliance with the standards of this Code, as provided below, provided that: the proposed alteration will result in no net loss of shoreline ecological function; and developable portions of lots shall not be subject to flooding or require structural flood hazard reduction measures within a channel migration zone or floodway to support intended development during the life of the development or use. In no case shall a structure extending into a shoreline buffer or setback be allowed to extend further waterward than the existing structure. Alterations of existing structures or developed sites shall not result in or increase any nonconforming condition unless permitted by this Section. RESPONSE Subsection F applies to the existing nonconforming site development. The existing maximum building coverage, impervious surface area and building setbacks were lawfully permitted prior to adoption of the Shoreline Master Program (SMP) adopted on October 24, 2011 and as amended in 2020. 2. Partial Compliance for Single Family Development: Lawfully constructed single family homes, their appurtenances, and impervious area built or installed before the adoption of the Shoreline Master Program (October 24, 2011) shall be considered conforming if alteration is consistent with the compliance standards below: Renton, WA iii January 26, 2021 PN_Asdourian House Remodel Project Narrative Alteration of an Existing Structure Footprint and/or Impervious Surface(s) Compliance Standard Minor Alteration Alteration or replacement that expands the building footprint by up to 500 sq. ft. outside of the required* setback and buffer; or No site changes required. Alteration or replacement that expands the impervious surface by up to 1,000 sq. ft. outside of the required* setback and buffer. *The full buffer/setback as required in RMC 4-3-090D7a, Shoreline Bulk Standards, or as modified under RMC 4-3- 090F1, Vegetation Conservation. RESPONSE The existing dwelling is a lawfully constructed single family home. The impervious surface area, the house, concrete driveway, and decking were installed prior to October 24, 2011 and are conforming. The proposed remodeling will not alter the footprint of the existing structure within the 25-foot setback from the OHWM. The proposal will increase the building footprint by approximately 293 sf to accommodate construction of a garage on the existing concrete driveway outside of the 25-foot OHWM setback. There- fore, table RMC 4-10-095F.2 indicates that no site changes are required. C. 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 accom- modate 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 Pro- gram, 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”). Renton, WA 19 January 26, 2021 PN_Asdourian House Remodel Project Narrative 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 rail- ing that will bring the combined height of the building and railing to 33 feet 9-1/2 inches. The maxi- mum 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. Setbacks. The property Owner, Ryan Asdourian, has been diagnosed with Multiple Sclerosis and, as the disease pro- gresses, will suffer practical difficulties. As he ages and the disease progresses, he will require special ac- commodations. 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 cir- cumstances. 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. Conse- quently, the size and shape of the subject lot are special circumstances applicable to this lot and not oth- ers. The subject lot has a 25-foot OHWM setback on the west and on the north. The consequence of the dou- ble 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 Environ- mental 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 privi- lege 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 Renton, WA iii January 26, 2021 PN_Asdourian House Remodel Project Narrative 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 combi- nation 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 dwell- ing, 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 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 imper- vious 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 ma- terially 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 sur- rounding 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 addi- Renton, WA 21 January 26, 2021 PN_Asdourian House Remodel Project Narrative tional minimum of 2 feet (2’) of roof structure. The transparent guard rails on the roof will be approxi- mately 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 re- quirement 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. D. 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. Maximum Impervious Surface Area. The existing site development exceeds the 50% maximum impervi- ous 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 “reason- able 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- Renton, WA iii January 26, 2021 PN_Asdourian House Remodel Project Narrative 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 vari- ance. 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 pri- vate 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; RESPONSE RCW 90.58.030 and WAC 173-27-030 do not define reasonable use in the context of shoreline regula- tions. 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 spe- cific 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 land- ward 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%. Renton, WA 23 January 26, 2021 PN_Asdourian House Remodel Project Narrative 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 (build- ing 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 sin- gle 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 re- quested Shoreline variances would significantly interfere with the reasonable residential use of the prop- erty 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 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 exist- ing 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 ad- verse 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 Renton, WA iii January 26, 2021 PN_Asdourian House Remodel Project Narrative 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 addi- tional minimum of 2 feet (2’) of roof structure. The transparent guard rails on the roof will be approxi- mately 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 re- quirement 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 The proposed use is an allowed use in the Single-Family SED. Remodeling the dwelling for continued sin- gle 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 re- quested 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. 3. CONCLUSIONS The Applicant has provided clear and convincing evidence that the proposed building remodel is con- sistent with the underlying zoning and SMP regulation except where the Applicant requests a variance from the regulations. The Applicant has demonstrated that the requested administrative and shoreline variances satisfy the applicable approval criteria and that they are the minimum necessary to afford re- lief. We encourage approval of the requested variances.