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HomeMy WebLinkAboutD_Jurgens SF_Street Standards Exemption Request_20210430May 4, 2021 Mr. Steve Jurgens 2301 Jones Avenue NE Renton, WA 98290 Via: sjurgens22@gmail.com SUBJECT: Request for Exemption from Frontage Improvements along Jones Avenue NE (Jurgens Single-Family Addition, LUA20-000006, 2301 Jones Avenue NE) Dear Mr. Jurgens: The City of Renton has reviewed your request for an exemption from the Renton Municipal Code (RMC) 4-6-060, Street Standards, which requires street improvements for the length of the property fronting City right-of-way (ROW) on Jones Avenue NE, a Residential Street. More specifically, the City Code requires that half street improvements be provided with a minimum pavement width of 26 feet, a 0.5-foot curb, an 8-foot planting strip, a 5-foot sidewalk, street trees, and storm drainage improvements. The submitted proposed improvements to the property include a 3,406 square foot 2-story addition to an existing 1,824 square foot home. ANALYSIS: The City has considered the request for an exemption from the City’s Street Standards identified in RMC 4-6-060. The applicant is proposing the construction of a single-family home addition without having to provide street improvements. The Applicant has cited RMC 4-6-060(D)(3), which states that a project is exempt from the requirements of the section of RMC “if demonstrated as necessary to mitigate an extreme hardship not caused by the requestor.” The applicant contends that constructing the required frontage improvements would result in an extreme hardship due to the difference between the fee-in-lieu amount to be collected and the anticipated cost of the improvements as calculated by the applicant. The applicant incorrectly assumes that the fee-in-lieu amount defined in the City’s Fee Schedule is equal to the cost of constructing these improvements as calculated by the City. The applicant’s justification is a misinterpretation of both the intended purpose of offering the fee-in-lieu option (i.e. when is it permitted) and the method to which the set fee-in-lieu of amount was determined. The following briefly provides background of the fee-in-lieu of required street improvements: 1.Purpose (i.e. When is it Permitted): The purpose of the offering the fee-in-lieu of option, as defined by 4- 9-060(C)(9), is to avoid circumstances where: Mr. Steve Jurgens Page 2 of 3 May 4, 2021 a.Frontage improvements where there are no other improvements in the area or will not be needed in the next five (5) years; or b.Installation of the required improvement would require substantial off-site roadway modifications; or c.The Administrator determines that installation of the required improvement would result in a safety hazard; or d.Other unusual circumstances preclude the construction of the improvements as required. 2.How the Fee Was Determined: The City offers a reduced fee-in-lieu amount compared to the estimated cost of construction in order to incentivize applicants to pay the fee-in-lieu instead of constructing the required improvements and avoid undesirable circumstances like those mentioned above, when frontage improvements are developed in a piecemeal method. The fee-in-lieu option was never intended to provide a means for determining construction cost for the improvements and therefore does not reflect the real-world cost of constructing the required improvements. The purpose of RMC 4-6-060 is to provide a “safe and convenient access and travel for all users including pedestrians, bicyclists, transit riders, and people of all ages and abilities…” which is in line with the City’s mission to provide a pedestrian-oriented and accessible community as defined under City of Renton Comprehensive Plan Element T-1. There is an existing 5-foot sidewalk along the east side of Jones Avenue NE as well as a planter strip and 5-foot sidewalk immediate north of the property. Extending the sidewalk along the property frontage will expand the walkable connections along Jones Avenue NE. In addition, the requirement to construct frontage improvements has been consistently applied by the City in accordance with City Code for similar single-family home additions, property dimensions, similar surrounding areas, and where the properties are directly adjacent or within a reasonable distance to existing sidewalks. While financial needs alone do not constitute a hardship, the City understands that constructing the required minimum street section would necessitate the need to extend an existing storm water culvert to the west impacting the adjacent stream and potentially requiring permits from State and Federal Agencies. To avoid this impact and additional permitting, the City is supportive of a modification to the City’s Street Standards to avoid the impact to the stream while keeping with the City’s mission for a pedestrian-oriented and accessible community. DECISION: The requested exemption from frontage improvements of RMC 4-6-060 by the applicant is denied, as the request does not comply with the exemption criteria of RMC 4-6-060(D)(3) as described above. However, the City is in support of a modification reducing the paved width to 22 feet (existing curb to proposed curb), 0.5-foot curb, and a 5-foot sidewalk along the property frontage crossing the existing storm drainage culvert to avoid impacts to the critical area, reducing any hardship not caused by the requestor. Please see the enclosed exhibit for an illustration of the City supported modified street section. This decision to deny the exemption is subject to a fourteen (14) day appeal period from the date of this letter per RMC 4-8-110. Any appeals of the administrative decision must be filed with the City Clerk, along with the required appeal fee, by 5:00 pm, May 18, 2021. Due to Governor Jay Inslee’s Proclamation 20-25 (“Stay Home, Stay Healthy”), the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional Mr. Steve Jurgens Page 3 of 3 May 4, 2021 information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. If the situation changes such that the City Clerk’s Office is open when you file your appeal, you have the option of filing the appeal in person. Sincerely, C.E. “Chip” Vincent CED Administrator Enclosures: RMC 4-6-060 Exemption Request from Applicant City Supported Modified Street Section cc: Vanessa Dolbee, Planning Director Brianne Bannwarth, Development Engineering Manager Matt Herrera, Interim Current Planning Manager Rob Shuey, Building Official Justin Johnson, Asst. Development Engineering Manager Melissa Kamphaus, Permit Center Manager Alex Morganroth, Senior Planner Scott Warlick, Engineering Specialist III