HomeMy WebLinkAboutEx_06_Variance_Request_JustificationMy 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 Yard Setback reduction
Setbacks proposed:
Front Yard: 15’
Rear Yard 25’
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.
RECEIVED
04/20/2021 BGillia
PLANNING DIVISION
Exhibit 6
DocuSign Envelope ID: 0CA48C0A-C24B-4062-AF0E-588F9D64E62E
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 area of approximately 1,820 sqft. The proposed building footprint of 1,638
sqft 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 30.99%, still below the R6 zone’s maximum allowable lot coverage of 40% for the
building footprint.
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 yard setback 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 a reduced front yard setback 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.
DocuSign Envelope ID: 0CA48C0A-C24B-4062-AF0E-588F9D64E62E
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 with significant development constraints due to its
size and shape creates. 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.
DocuSign Envelope ID: 0CA48C0A-C24B-4062-AF0E-588F9D64E62E
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 15’ front yard setback will give the frontage of these neighboring parcels a feel that
follows the shape of the road and will eliminate the need for a rear yard setback reduction. 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 15’, the garage of this home will be held at or further
then 15’ away from the front property line placing the front door entry 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’.
With approval of this variance, the home will follow the frontage nicely with the neighboring parcels to
the east and west. Even with the lot’s small size and approval of the reduced front yard setbacks, the
building footprint will stay well 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 the
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 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.
DocuSign Envelope ID: 0CA48C0A-C24B-4062-AF0E-588F9D64E62E
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 15 feet which is the minimum
necessary to accomplish the desired purpose.
We respectfully request the Variance be granted and the front yard setback be adjusted accordingly.
DocuSign Envelope ID: 0CA48C0A-C24B-4062-AF0E-588F9D64E62E