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HomeMy WebLinkAboutJ_My_Precious_Home_Setback_Justification_210219_v1My Precious Home Variance Request Justification – Setbacks Parcel # 3628600007 Lot Size: 5,286 sqft Current Use: Vacant Zone: R-6 Setbacks required by code: Front Yard: 25’ Rear Yard: 25’ Variance Requested: Front and rear Yard Setback reduction Setbacks proposed: Front Yard: 20’ Rear Yard 15’ Variance Request Justification: The applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to the property. 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. The City of Renton Zoning Code lists a minimum lot size of 7,000 sqft in the R6 zone. The subject property is a small, somewhat irregularly shaped nonconforming 5,286 sqft lot. The subject lot significantly smaller than the minimum lot size. The northern property line is curved with the road making the property narrow at the west side with a depth of 58.74’ and 77.04’ on the east side. Required front yard and rear yard setbacks for the subject property are 25 feet each. If the current setback are applied, based on the shape of the northern property line, the allowed building area depth on the west side of the property would be approximately 8’ and the allowed building area depth on the east side would be approximately about 27’ (with a width of 62’). This will make the home an undesirable, odd, extremely narrow, impractical shape, requiring cost prohibitive difficult design and engineering. Therefore strict application and enforcement of the required setbacks will reduce the overall available buildable area causing practical difficulties and unnecessary hardship. 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. While the smallest conforming lots in the R6 zone are afforded a footprint sized of 2800sqft strict application of the code will cause a reduction in size of the overall footprint for the subject property thereby depriving the owner of rights and privileges such as regular size and shape of a home, the installation of driveways, retaining walls, walkways, porches, stairs, projections, overhangs, and more, enjoyed by other property owners in the vicinity and R6 zone. If the current setbacks for the front and rear yard in this zone are followed, the total building footprint on this lot would only be approximately 1,277 sqft, compared to a maximum footprint size of 2,800 sqft allowed on a minimally sized conforming lot of 7,000 sqft. A building footprint size of 1,277 sqft, with the impractical, irregular shape will deprive the owner of the same rights and privileges for constructing a home comparable to any other new construction homes in the vicinity and R6 zone. Granting the variance will: Allow for a building footprint of approximately 2,090 sqft which is less than the maximum allowed on the smallest conforming lot in zone R6. If the new building footprint size is compared to the lot’s total size, it gives this parcel a building footprint lot coverage of 35.24%, still below the R6 zone’s maximum allowable lot coverage of 40% for the building footprint. Allow compliance with applicable building standards by keeping the garage of this home 20’ or more away from the front property line. Allow for a staircase on the rear side of the home for additional fire/safety and ingress/egress from the main living area in the home. 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. Granting a reduced front and rear yard setbacks is not expected to be/will not be materially detrimental in any way to the public welfare or injurious to the property or improvements in the vicinity or within the R6 zone. The development as proposed is not expected to diminish surrounding property values in anyway. As proposed in size, height, and location compared to other developments in the community it is substantially similar. The proposed development is contained to the subject property. The proposed development is not expected to significantly impair adjacent view corridors nor is it expected to impose any hardships or injuries to the public or property or improvements in the vicinity or zone. The proposed development will not alter or diminish existing sight conditions with respect to the roadway/ROW. The new development will result in the construction of a dwelling that meets the current standards. Granting reduced front and rear yard setbacks will not impact the surrounding neighbors from surface/storm water as this property will be connected to the city’s storm drainage system. Except for the concrete walkway to access the front porch, virtually all stormwater that lands on an impervious surface will be directed towards the city’s structures as the driveway slopes towards the home and will have a strip drain to catch water from entering the basement and garage area. The 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. The subject property is a nonconforming lot and due to its size and shape creates significant development constraints. Without relief, the strict application of the specific limitations upon uses of other properties in the vicinity and zone would pose severe limitations and deny the full use of the subject property. Approval does not constitute the granting of special privilege. This proposal and the relief requested is the minimum necessary for development to be consistent with other development found in the local community therefore it is not a granting of special privilege. Based on the survey conducted by North Peak Associates LLC, the neighboring parcel to the east is setback from the ROW by approximately 12’ along the same street, and the neighboring parcel to the west is setback from the ROW by 20’. The approval of this variance request will be consistent with another variance request in the area. Parcel #8899600060, also located on N 37th St, recently had a variance approved for a reduction the front and rear yard setbacks from the zone’s current standards of 25’ to 20’. The approval for this variance is under permit LUA18-000689. Furthermore, various other parcels in the area have been built closer to the property lines than the current standards allow. Approval of this variance request will allow the new home on the parcel to be in keeping with the current look of the neighborhood by allowing the façade of the home to match other neighboring homes’ setbacks. The vast majority of homes built along N 37th St have building setbacks of 20’. The parcel directly to the East has a building setback of 12’ from the north property line. (See Boundary/Topographic Survey Job No. 20-92, Conducted by North Peak Associates) Surrounding building spacing varies throughout the localized community. Our findings suggest that conditions vary from those structures that meet the setback standards to those that do not. Many of the structures within the localized community have been developed in a similar manner as to the proposed. Encroachment into the required front yard setback, rear yard setback, or side yard setback in this neighborhood is not unique or special. The proposed structures locations, sizes and heights are similar to those found elsewhere in the local community and are substantially the same. The approval is the minimum variance that will accomplish the desired purpose. To be consistent with other development found in the immediate community the relief requested is the minimum necessary for development to accomplish the desired purpose. To allow development in a manner that is consistent with other properties in the R6 zone this is the minimum necessary to accomplish the desired purpose. It is the minimum necessary to maintain the character of the localized community and will result in development that is similar in size and shape. This is the minimum necessary to provide reasonable use of the property and is the minimum necessary to develop and maintain use of the property. This is the minimum necessary to be allowed the same rights and privileges that others in the R6 zone have been given. This is the minimum necessary to not deprive the subject property owner the same rights and privileges enjoyed by other property owners in the vicinity and under the R6 zone classification. Approval of this variance request: Will allow for the development of the property in keeping with the existing property or improvements in the vicinity or within the R6 zone. Approval of a 20’ front yard setback will give the frontage of these neighboring parcels a feel that follows the shape of the road. If the 25’ front yard setback is enforced, not only does it deprive the subject property owner of the privileges enjoyed by others it will give the homes along roadway an unbalanced look and feel. Due to the shape of the lot, if the front yard setback is reduced to 20’, the garage of this home will be held at or further then 20’ away from the front property line giving the feel that the placement of front door entry is closer to the street than the garage, enhancing the entry point, aesthetic cantilevers, and other design features of the home. Additionally, based on the survey conducted by North Peak Associates LLC, the neighboring parcel to the east is setback from the ROW by approximately 12’ along the same street, and the neighboring parcel to the west is setback from the ROW by 20’. Approval of a 15’ rear yard setback will allow for a staircase for additional egress off the 1st floor covered deck area to come into the rear/side yard. Additionally, the orientation of the property to the south is perpendicular to the subject parcel. The rear yard of the subject parcel is abutting the side yard of the parcel to the south. Based on the site survey conducted by North Peak Associates LLC, the parcel to the south is approximately 6.9’ away from the property line. In addition to a 15’ rear yard setback, the building separation of the proposed home and the neighboring home to the south will be approximately 21.9’. The zone’s side yard setbacks have a potential minimum building separation of 10’. Even with the reduced rear yard setback of the subject parcel, the proposed building will leave adequate building separation between itself and the neighboring home to the south. With approval of this variance, the home will follow the frontage nicely with the neighboring parcels to the east and west. The garage will maintain or exceed the minimum separation from the front property line as required by code. Even with the lot’s small size and approval of the reduced front and rear yard setbacks, the building footprint will stay below the max building footprint allowed by the zone. Given all these factors, approval of this variance is the minimum needed to maintain the present feel of then neighborhood while also allowing the proposed home to follow the progression and design of new construction homes in the area. Conclusion: The Variance requesting Relief from minimum front and rear yard setbacks should be granted. Due to special circumstances applicable to the subject property, such as its non-conforming size, and a somewhat irregular shape, the applicant suffers practical difficulties and unnecessary hardship. Strict application of the code denies the subject property a 2800 sqft footprint area allowed to minimally conforming lots in the same R6 zone therefore the strict application denies the subject property of the same privileges enjoyed by other property owners in the vicinity and in the R6 zone. The minimum relief requested from setback restriction is not materially detrimental to the public welfare and is not injurious to the property or improvements in the vicinity. The proposed structure and its use is allowed in the zone R6, is consistent with other properties within the localized community, it does not create any prohibited uses, others have been granted similar relief, the proposed development is consistent with the development intensity found in the localized community, and the specific design avoids and minimizes impact while maintaining the development standards in keeping with the community. The proposal does not constitute a grant of privilege. While other lots have the privilege of additional area to accommodate required setbacks, the subject property is requesting a reduced front yard setback from 25 feet to 20 feet and a reduced rear yard setback from 25 feet to 15 feet which are the minimums necessary to will accomplish the desired purpose. We respectfully request the Variance be granted and the front and rear yard setbacks be adjusted accordingly.