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LUA99-040
,,. CIT _ OF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator April 14, 1999 James E. Gorman 13306 SE 30th Street Bellevue, WA 98055 Subject: Gorman Appeal (AAD-99-040) Wells Avenue Townhome Variances (LUA-98-178, V-A) Dear Mr. Gorman: The public hearing for the above referenced appeal scheduled for Tuesday, April 20, 1999 has been cancelled. Based on additional information from legal counsel, the Development Services Division will reprocess the variance application. You will be contacted if any additional information is required. Please contact me at (425) 430-7270 if you have any questions regarding this matter. Sincerely, 44(41 41-7-7-1<b Lesley Nishihira Assistant Planner cc: Patricia Moore, Property Owner Hoang &Van Nyugen, Property Owner Dennis Holmes, Party of Record Don Moreland, Party of Record Mayor Jesse Tanner Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Fred Kaufman, Hearing Examiner Jana Huerter, Land Use Review Supervisor Larry Meckling, Building Official C. Duffy, Fire Marshall Neil Watts, Plan Review Supervisor South County Journal CANCLL.DOC\ 1055 South Grady Way - Renton, Washington 98055 NOTICE OF APPEAL HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON An Appeal Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the seventh floor of City Hall, 1055 So. Grady Way, Renton, Washington, on April 20, 1999, at 9:00 AM to consider the following petition: APPEAL WELLS AVE. TOWNHOME VARIANCES AAD-99-040 The appellant, James Gorman, appeals the denial of an administrative variance for the Wells Ave. Townhomes project (File No. LUA-98-178,V-A). The proposed variance was for reduction of the required 10 foot setback for side yards along streets, to six feet. Location: 544 Wells Avenue N. Legal descriptions of the files noted above are on file in the Development Services Division, sixth floor, City Hall. All interested persons to said petitions are invited to be present at the Public Hearing. Publication Date: April 9, 1999 Account No. 51067 re/ 7‘. AADPUB.DOC • Marilyn Moses From: Leslie M. Nishihira To: Marilyn Moses Subject: Appeal File No. LUA99-040, AAD Cate: Friday, April 02, 1999 4:46PM Marilyn, The following individuals need to be added to the parties of record list for Wells Ave Townhome V ariance (LUA98-1 78, V-A)/Administrative Appeal (LUA99-040, AAD): Patricia Moore (property owner) 544 Wells Ave N #B Renton, WA 98055 Hoang & Van Nyugen (property owner) 544 Wells Ave N #A Renton, WA 98055 Thank you. Lesley x7270 Page 1 CFI OF RENTON ..1L �' Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman .. March 15, 1999 • Mr. James E. Gorman 13306 SE 30th Street Bellevue, WA 98005 Re: Appeal of Administrative Variance Decision dated 1/20/99 Appeal File No. LUA99-040,AAD Dear Mr. Gorman: We received your appeal dated March 10, 1999, and the hearing will be scheduled for Tuesday, April 20, 1999, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Should you have any further questions,please contact this office. Sincerely, il- - ( <° /—('—'-- Fred J. Kaufman Hearing Examiner cc: Mayor Jesse Tanner Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Leslie Nishihira Jana Huerter 1055 South Grady Way - Renton, Washington 98055'- (425)430-6515 AiNThfc rarer enntaine cn%ranvclarl material 9tl%nnct cnncumar A • • CITY OF RENTON MAR 1 01999 James E. Gorman,P.E. 13306 S.E. 30th Street RECEIVED Bellevue,Washington 98005 CITY CLERK'S OFFICE 10 March, 1999 City of Renton 1055 South Grady Way ---- M Renton,Washington 98055 UA I Q 1y .\\ Attention: Mr.Fred Kaufman R�p Hearing Examiner 17 I I k Subject: Appeal of Administrative Variance GM Of RENTON Decision,of 20 Jan., 1999 HEARING IXAMINER 544 Wells Avenue N. Duplex Dear Mr.Kaufman, 1. The Appeal. Pursuant to the City of Renton 24 February, 1999 letter,we appeal that portion of the administrative land use decision by James C. Hanson,Zoning Administrator,not approving a setback reduction from 10 to 6 feet for 20 feet in length of the existing structure's side yard along North 6th Street. (See City of Renton drawing 10 Dec 99 Stamp drawing, in Attachment'A') 2. Appeal Fee. Our check for the$75.00 appeal fee is attached. 3 Information Organization This letter and its attachments present background data and arguments that support the granting of an administrative variance approving a reduction of the normal 10 foot setback for side yards along arterial streets to 6 feet in this special case and particular instance. This appeal is organized as follows: Attachment'A' represents background and an executive summary. Attachment 'B' is our 10 Dec., 99 Request for Administrative Variance. Attachment`C'presents supplemental information and new arguments for approval of this variance request. Attachment `D' is the 20 Jan., 99 Report&Decision of Administrative Variance Land Use Action. Please review these attachments and advise us of your determination or of any hearing opportunities or requirements. Thank you. Sincerely, e.,4„,."---) James E. Gorman. P.E. • S CITY OF RENTON CITY TREASURER REG/RCPT : 82-41839 C:03-11-1999 CASHIER ID : T 89:02 an A:03-11-1999 5807 APPEALS & WAIVERS $75.88 008.080.88.345.81.80.800083 TOTAL DUE $75.88 RECEIVED FROM: PAUL NELS CARLSON CO INC CHECK $75.08 TOTAL TENDERED $75.08 CHANGE DUE $0.88 Attachment'A' Background and Executive Summary. Applicant,James Gorman,VI and his son James Gorman, V are in the business of building affordable townhomes(moderate to low income housing)in Renton. Gorman purchased the lot at 544 Wells Avenue North subject to the City of Renton issuance of a building permit for its typical duplex townhouse. This permit was issued 23 August 1998,the land purchase closed and construction, pursuant to approved plans was undertaken. In November of 1998,when the construction was roughly 85%complete,a City management official noticed the new construction was less than the required setback. This setback problem was brought to our attention and we were encouraged and assured that if we followed the Administrative Variance path that we'd be granted this variance. We complied,completed the construction pursuant to permit,and the City approved/finaled the structure for occupancy. Subsequent to occupancy approval,we closed the sale of both units and moved on to our next affordable housing towhome project. Our involvement herein is based on our obligations, if any, related to product liability and/or to warrant our work. Additionally,we perceive it would be grossly inequitable to the Boeing employed minority single mother in unit B,and the young professional City of Seattle employed minority couple in unit A that we sold homes to;to have their peaceful enjoyment of their property disrupted because of zealot adherence to setback dimensional requirements that might be considered inappropriate or frivolous(See setback criteria under General Discussion of Older Corner Lot Sideyard Setback requirements in attachment'C'). Rational Analysis. This property is a 50' x 100'R-10 zoned,corner lot. The intent of this zoning is to allow higher density, such as housing for(2)two families,which a duplex townhouse can accommodate. Many,if not most,local family units with the husband and wife,potentially working or with children have (2)two cars;thus(4)four covered parking spaces need to be accommodated. Development standards for R-10 corner lots,until January/February, 1999 suggested a 20'front setback,a 20' rear setback,and a 10' inside sideyard setback,and a 10' roadside sideyard setback. Higher zoning RMU requires(2)two covered parking stalls per unit. Configuring a livable duplex on a 50' x' 100' lot within the previous constraints,especially additionally providing for the parking of(4)four vehicles without relief from some sideyard constraints is impractical. Development standards, zoning,design and construction practicalities need to be correlated,otherwise the prospect of misinterpretation or errant conduct develops where development is assumed practical per zoning. In any event,city council,we understand has now authorized a 5' setback interior sideyard setback,but has not yet changed the road side setback. On all of a portion of the lot to accommodate garaged vehicular parking for(4)four vehicles. (See attachment'A' Figure 2,for layout) The requested variance will or should have no effect or consequence whatsoever; save the prospect of a similar structure being built,which in our opinion is a real positive prospect for the community. For further orientation,see Fig. 1 &2 which follow;and well as the photos thereafter. • • • N.) 0' ' '•� ,,,AAA,,, /.."+ I S44•WELLS AVi IL 1"14.•pt I " ,.//I . , II DUILE>< 4l�IDWCL O 1 •r It®! • \ I I 811 iI4.I.1.1 rl 1• I. ..+.tl ...1" ... li 0%101 ; ;113 0,15 7:.2 ®Ix 2 N tiN • 4 r 4. 13,1 II i 114 1'';i•• 111'l n1 214 .1;11. it D°° _.-+-r-»-, Tls l '•,•.• ! 122 ° a 1l 1 1 •.7 I•;, yrr.'q• 13 'I,: .l''I q• .10 �r ;�. to• 1 w.r pM •IS /:;r' ICI f yls •�;A 1•?,s r22?�.1t +1�,1 �r f• 'i •v r;, ,,r,;a•I >w .n I.,,., I',.t•� •n P,8.0 �'t• 1 — 1 j�I N j 1 21f .. . 9,3. II'la '',0'.— 1;;�'7• < '1e .8.1—Q' '-7• i•IS ,/,,5.— a",.7• : • '".: 14 —13 rj0 12 220 ' 00 ,r;7r, Is l,r',--' , • i' 'n zn�; 1•,,t• V. •,s r,.— 1 4•V lJ 1 ° 3 `t.[�r'. .l'• r • 'r'I .1 221 M•• 00.112 T .,i' 1',J S• \•20 0'. •a,'S• 20 / . , 1.9• ,,I �•21 I::r�./• •21 M .,A 10;A4• 3 .'21 ,/ ,i;4. G .23 1"i; ,4• •22 �'� I,:::3• •22 ,,';: )r,"3. • •22 1�..' 1�3' . t 24 ! w''a'r •23/ I 1'r.i2' '23,f$,0 ,.';2• •23 IIJ �f 7' I . ..23 °:i 2Tf I ' 1;0•1 224 ....• ,•��•1 24 ' 01 NEIGMBORNOODDETAILMAP r • ,I r• tCALE:t .for . N W f _ _ i,,,A,•„s „ VARIANCE REOUEST 544 WELLS'AVE N. 1 N 5TN SST RENTON WA ' Figure 1 - Shows location of 544 Wells Avenue North Duplex Townhome. (AbJ.cluT 1101E4TT) o ff; 540 WILLS Ave N. 1 J . ig rj I 41 NI rz' za' 1 20' i ♦o' ZO' • r 2 EAR u u''1 y GARAGE R iron►IVELIIN• I l rl I N .'�. IS'i♦0. �, J If'I Se' M z I J yam: — 3 ; \\ • o J N J'' .. b. 2..1 2 y ` O 11 :"..,1,-;---.� _.- a QMa LEAR tSra RrIWElLNO ti ''+ C' W o a {` D C�,v CACAGt !S'Y 40' / - r,T5.WT —_r- 1 PRarLary • L/NL ,. SIDEWALK _.A A, . cuAA • LAIIDSGA►/MG • N. SIXTH 'ST. SITE 311E soot+sr ,mammy'i 7E0 AF PROP. 1NPERYIOUL1 LAWN 2z9030 SITE PLAN 54-4 WELLS AVE N. e1.1L01.16 ',co.P DRIVEWAYS 7E0If /"= 20' TOTAL 17 ZO if LeTS1?E .Teeo 4F PAN..ALSO IEIGHT• ZS' PRAP• LAwhi Z29OsF SLOG AREA SETSACKC m0E PROP• LARAGES TEO SP N.Erg ST 15' L' eLDG 3o FoeTACE _LA. 7 7G DWELLIAIGS 12001P FRONT 20' 10' GARA4,E 980 II 70osF .-TOTAL I'1GosF REAR 20' 20' L1VI.IG I"FL R 584 /IG8 1 . 2"'FLOOR 4�11 996 Spurn SlotS' 6 ,. TOTAL 10820 214,43F LAT[AVERAGE 39.2, °MI/EmNG PERMIT D,9031S,IIJU40 z3 Ale 38 • Figure 2 - Shows 4' x 20' garage area involved. r IP _.i._ f .. - r- ilial .,,%,< { . 111 1 _- i„,--: ;Ark• it, /� t� • _..../ 0 . .- .i' i ',�>�., • b Photo 1 - Show view of structure, alley access, and clear view of traffic. ,t # 9 ,' -1. `• ' ."nallillici .. r 1 a" - 1 _ --- -.7 Apo Photo 2 - Shows unobstructed alley view of oncoming traffic. N. 6th Street going East 1 \ 1 v i _ ! `, _ ii . lla ''' -.. . Photo 3 - Shows 6 foot sidewalk and adequate sideyard and extent of encroachment. ---riv., ., ... . . ,44w4.14 gip o. :y Photo 4 - Shows view looking South down Wells. \ siJi.,.` 7 ' „-'1°,11111p1 • .i.111, 4 -* I. 11-iNt f if Il‘ .., 1 lillkk '1, i 1 . .., --- .,.''-' P14:;:-..-40&• i ' -_. ' --,'" .• ',tfat8.11 1 !.411111 - , -_,- --- -- --,, .., ,-...., ..., , - .. . . W 4el . .. , . • ..,_ glei. . .,nlik/a •,,,,,,,, - .-..- ,411.11..11101111111101 .. -...•••.--.............-/ L_ ma..0.8411°111.. -.-.". .1111.-4.4.W......4.1•9. . - Photo 5 - Shows an allowed low NN'all and sloped sideyard condition. -'`- - ' ...s. '' *.:: llk. -a .' '''-,'0 --..Kno.- - - A'•:.4111* -- - ...„. ... ...- - --;.--•;.-,•-,-. fte.iiiig...116i4 ,• Aggilv ..? '' N`,' - _A. 1.„ , . .v• Ik•--iz!-;:.'"i'4Z.V4W'-'.. '. .----i - ---% .7"-1$1--- ''' .. 4P ' . „ • - • / - -. ,,;PR-/• ' : N,: :V' '- ' ' '1 itt; - Nr " • - • -.. . . . ... • --!" ...,,,,. • f ."--;,',. -A-- - :..-i&z---- .. -t-- .,__,-,...- -..,,,.......... .. ____-_ , . • .. , ' 1 . ./..c.,,t, . ... ._,-----,i4• .1-....11 .,Lt. ..,Aboot- ...--4,... ;, • :,,er , , pa It • • ,4. A • ; -• .e.- -, li ' ,$ 6 ' 1 , .... ---,.. , IP. kr • .. _.... ,iv,.iii ,. .:.•,.. it14," ; • ' ', .1 n.7...•4 , Aillika*L......% ff-.441. 41 1 . -'--, - 'i •,,., V .. • . . . ' 4C ,,,00-.4... .. • - - -- • 4,,, •••,,op. •,- ,,,;.i.i.,,), ilitiA 2-4;..i_ _.,.....„,_...N.,„ c. _ ._ ., ..... sic,^r - f , _..... „_- ,* . itzi ph,,..50. , A„,. 1. . ,....-.4... .. _ , - . ---.:....-- • ,...,;. • - '_ it,,,f,- . ',...4-, ( . ___ — - - • .'',aouis • ':-.....' ;14, V ' .6'''''''' if- ./- -.,...., • t ..:- , ,..?•=.--'',. -fr. - . - ,/ •, -• -.I-''t'' _ ,..0-, ,,, i • . .. , , _....... . , . • • -1- - - ._ . — _......- v. .-..,i' . ---- ... , s „ .. . ..4 . ..,.,iii.. w . _ ... . - , - ••• Photo 6- Shows impact of allowed sideyard trees on view. {111AYi _.. T__/____________ _ .____________r____z-_j_____:::._ i: _I) - a k ,,- ,44. .i. I =�, ,, ... k._-- Photo 7 - Shows West view from Wells;from in front of new townhomes; more obstructed than from alle . "gnat ir AI Ill - —""'�"T""' Photo 8- Shows car in back setback and rear of existing structure. 1 yy*y - ' ; gi ' rTf il�� ri• Y4f • • Photo 9 - Shows partial North sideview. PAUL NELS CARLSON CO. INC. GENERAL CONTRACTORS 13306 S.E.30TH STREET BELLEVUE,WA 98005 (425)643-0717 10 December 1998 Re: Request for Administrative Variance Development Services Division City of Renton Municipal Building 1055 South Grady Way Renton,Washington 98055 1. REQUEST: We request an administrative variance from the side lot setback requirements along arterial streets and interior lot lines for new residential construction.The particular site is 544 Wells Avenue North, Renton. We also request expeditious handling. Both units of the duplex have been sold,with a 30 December closing scheduled. 2. ITEMS INVOLVED: A 15-foot set back along arterial city streets,and a 10-foot set back along interior property lines are currently required for new residential construction. When it was issued,the building permit(#B980315)authorized a 6-foot actual set back at the new construction from the property line to the side of the structure and 4 feet-6 inches to the eaves(overhang).The owner-applicant requests a minor Administrative Variance be granted to authorize the existing set backs. 3. SYNOPSIS: The new construction at 544 Wells Ave. N. is a residential duplex. It is at the corner of Wells Ave. N. and N.6th St.,an arterial.The building permit B980315,issued on 23 August 1998 for the construction, shows 6-foot setbacks along N.6th St.and along the interior side property line. When it submitted the building permit application,the applicant was unaware of the 15-foot arterial and 10-foot interior side setback requirements. During the permit review process,no mention was ever made of the 15- foot and 10-foot setbacks,and the permit was duly issued. Assured of being able to build,the owner- applicant then closed the real estate purchase of the building lot and proceeded with construction. On 23 November 1998,a city management official noticed the new construction with less than the required setbacks. By then the construction was 85%completed.The owner has a small fortune invested in the land and the construction. It would be an extreme hardship on the owner if the Variance is denied. A full justification for this Administrative Variance Request is attached. Thank you for considering this request. Sincerely, Paul A. Reh,Jr,P.E. Civil Engineer Paul Nels Carlson Co, Inc. Ends: Master Application, 5 copies Waiver of Submittal Requirements, 5copies Mailing Labels, 2 sets List of Surrounding Property Owners,2 copies Project Narrative,6 copies Neighborhood Detail Map, 10 copies Site Plan,5 copies Architectural Elevations, 5 copies Justification for Variance Request, 10 copies Reg.#PA-UL-NC-200MT • PROJECT NARRATIVE: • Project Name: Wells Avenue Town Homes Location: 544 Wells Avenue N. Variance to Setbacks on N.6th St. Renton, WA and interior side property line • Description: The new construction is a residential duplex.It is a high quality,affordable pair of homes. It has a pleasant appearance,and fits into the neighborhood very well.The duplex is at the corner of Wells Ave.N.and N. 6th St.,an arterial.The building permit B980315,issued on 23 August 1998 for the construction,shows 6- foot setbacks along N.6th St.and the interior side property line. When it submitted the building permit application,the applicant was unaware of the 15-foot arterial setback and 10-foot interior lot line setback requirements.During the permit review process, no mention was ever made of the 15-foot and 10-foot setbacks, and the permit was duly issued. Assured of being able to build,the owner-applicant then closed the real estate purchase of the building lot and proceeded with construction.On 23 November 1998,a city management official noticed the new construction with less than the required setbacks. By then the construction was 85% completed. The owner has a small fortune invested in the land and the construction. It would be an extreme hardship on the owner if the Variance is denied. • Size: Duplex:2 dwelling units: Garages: 38'x20'; Dwellings: 30'x40' • Zoning Designation: R-10 • Current Site Use: Unused Existing Improvements: Duplex structure 85%complete Vacant Building Pennit B980315 • Special Site Features: None • Soil Type: Sandy Silt Drainage: Flat Building lot; Soil drains well • Proposed Use of Property:Residential,Duplex(2 Units)Town Home Scope: Square Footage: Garages: 760sf (=2 x 380sf) lit Floors: 1160sf (=2 x 580sf) 2nd Floors: 996sf (=2 x 498sf) Building height: 25 feet Lot coverage: lot size: 5000sf (=50' x 100') Garages: 760sf Dwelling: 1200sf Total: 1960sf Coverage: 39.2% Parking: Garages to house 4 cars;2 cars per unit. Asphalt Concrete driveways from alley to garages,800 sf Access: Vehicular:from existing alley on east side to garages. Personnel:doors on Wells Ave N,each unit;&side doors No. & So. • Proposed off-site development: None • Total Estimated Construction Cost: $160,300 Estimated marked Value: $260,000 • Excavation and fill for foundation: 15 cubic yards; native or site materials used. None brought in to site. • Trees to be removed: None • Land to be dedicated to the City: None PAUL NELS CARLSON Co, INC 13306 S.E. 30TH Street Bellevue, WA 98005 Phone: (425) 643-0717 Fax: (425) 643-7276 Fax To: City of Renton, Development Svc Div From: Paul A. Reh, Jr, P.E. Attn: Laureen Nicolay Pages: 3 Fax: (425)430-7300 Date: December 10, 1998 Re: 544 Wells N Variance Request CC: PNC files ❑ Urgent X For Review 0 Please Comment 0 Please Reply 0 Please Recycle • Comments: Laureen: Attached are the Cover letter and the Project Narrative, both revised as we discussed earlier today, to show that there are two variances we are requesting at the subject property. I have also emailed you each of these documents separately. Thank you for your gracious help with this matter. --Paul Reh, P.E., PNC Inc Send Confirmation Report Date and time 12/10/98 1:551 1 Machine ID 42564372] Machine name CONSTRUCTIONEERIt Page • Job Remote Station Start Time Duration Pages Mode Results 444 +4254307300 12/10/98 1:53PM 1 '47" 3/ 3 Completed EC 9600 Total 1 '47" 3/ 3 Note: EC=Error Correction CR=Confidential Receive MP=Multi-Poll BC=Broadcast 48=4800 BPS Selected PI=Poll-In SA=Subaddress MB=Mailbox RD=Remote Diagnostics PO=Poll-0ut PW=Password PAUL NELS CARLSON Co, INC 13306 S.E. 30"Street Bellevue,WA 98005 Phone.(425)643-0717 Fat.(425)643-7276 Fax Tar City of Renton,Development Svc Div Franc Paul A.Reh,Jr.P P. Atlas Lawmen NiCOlay Palau 3 _-- Feat (425)430-7300 Ogler December 10,1998 R.r 544 Weis N Variance Request CO: PNC Mes ❑Ur.aat X For Revt.w 0 Magma C.wraea( 0 Pt....Reply 0 Pleas*Recycha •Cenwa.at.. Attached are the Cover letter and Ito Project Narrative,both revised as we dscrossr!earlier today.lu show that there W0 WO vederoea an are raquestkl0 at the dih(ed propmty. I have OW enalted you each of these documents separately. 'Ronk you for your'parsons help with the matter. -.•Paul Roh,P.E.,PNC Inc immimmimmo. .� CITY OF RENTON ::.,»::><:.<11 lega LDEVELOPMENT SERVICES DIVISI0t , ''`'''"'`''' LAND USE PERMIT MASTER APPLICATION Mt PROPERTY OWNER(S) <;. PROJECT INFORMATION Note: I there is more than one legal owner,please attach en'eddrtional notarized Master Application for each owner. PROJECT OR DEVELOPMENT NAME: NAME: James E. Gorman or Assigns Wells Avenue Town Homes Va iraisncei.otv S'!D o SetbackS along N. 6th S- f Y- - PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS: 13306 S.E. 30th Si-.reet 544 Wells Avenue North Renton, WA KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): CITY: Bellevue, WA ZIP: 98005 722-450- 0070-09 TELEPI-ONE NUMBER: (4 2 5) 6 4 3-0 717 EXISTING LAND USE(S): Vacant (none) APPLICANT (if other than owner). PROPOSED LAND USES: NAME: Residential : Duplex Apartment COMP/,NY (if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential Option (R.O. ) ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applic 3I: CITY: ZIP: EXISTING ZONING: R-10 TELEPHONE NUMBER: PROPOSED ZONING (if applicable): CONTACT PERSON SITE AREA (SQ. FT. OR ACREAGE): NAME: Paul . A. Reli, Jr. P.E. or Jams E. Gorman, Jr. 5000sf (50 ' x 100 ' ) COMPANY (if applicable): , . PROJECT VALUE: Pau). Ncls Carlson Construction Co. Fair Market Value : $260 , 000 Ili ADDRI SS: 13306 S .E. 30th Street IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? No. CITY: Bellevue, WA ZIP. 98005 f IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENT ( I SENSITIVE AREA? TELEPHONE NUMBEF (425) 643-0717 No. 1 LEGAL:DESCRIF IN OF.PROPERTY (Attach septa, sheet if necessary) Lot 13 , Block 12 , Renton Farm Plat 2 TYPE OF APPLICATION & FEES Check all application types that apply--City;staff will determine fees. _ANNEXATION $ SUBDIVISION: _ COMP. PLAN AMENDMENT $ _ REZONE $ _ LOT LINE ADJUSTMENT $ _ SPECIAL PERMIT $ _ SHORT PLAT S _TEMPORARY PERMIT $ _TENTATIVE PLAT $ _ CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT $ _ SITE PLAN APPROVAL $ _ FINAL PLAT $ _ GRADE & FILL PERMIT $ (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: S _E V ARIANCE $ (FROM SECTION:4-31-7 1 _ PRELIMINARY _ WAIVER $ FINAL _ WETLAND PERMIT $ ROUTINE VEGETATION _ MOBILE HOME PARKS: $ MANAGEMENT PERMIT $ EINDING SITE PLAN $ SHORELINE REVIEWS: _ SUBSTANTIAL DEVELOPMENT $ _ CONDITIONAL USE $ — VARIANCE $ — EXEMPTION SNo Charge — ENVIRONMENTAL REVIEW $ F EVISION $ AFFIDAVIT,'OF'OWNERSHIP;' I, (Pr nt Name)Jame S Gorman , declare that I am (please check one)X the owner of the property involved in this application, _tF authorized representative to act for the property owner (please attach proof of authorization), and that the foregoing statements and answers ein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. James E. Gorman ATTEST: Subscribed end sworn to before ma, e Notary Public, in d for the State of AU`sA rA+k- residing at I- , cu.+a' (Name f Owner/Representative) /(. ` 1 92 on the 't fay of .�cr 7 7�7 (S Gnature of Owner/Representative) s C'. . /( 1_100e,t. (Signature of Notary Public) �r (This section to be completed by City Staff.) City File Number: A AAD BSP CAP-S CAP-U CPA CU-A CU-H ECF LLA MHP FPUD FP PP R RVMP SA-A SA-H SHPL-A SHPL-H SP SM SME TP V-A V-B V-H N TOTAL FEES: $ TOTAL POSTAGE PROVIDED: $ MASTERAP.DOC REVISED 8/97 DEVELOPMENT SERVICES DIVISIC WAIVER OF SUBMITTAL REQUIREMENT ,J FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Calculations, Survey, Drainage Control Plan 2 Drainage Report 2 Elevations, Architectural3nr,o4 Elevations, Grading 2 Existing Covenants (Recorded Copy)4 Existing Easements (Recorded Copy) 4 Flood Plain Map, if applicable 4 Floor Plans 3AND4 , Geotechnical Report 2AND3 f Grading Plan, Conceptual 2 Grading Plan, Detailed King County Assessor's Map Indicating Site 4 Landscaping.Plan, Conceptual., Legal Description 4 List of Surrounding Property Owners 4 Mailing Labels for Property Owners 4 Map of Existing Site Conditions 4 Master Application Form 4 Monument Cards (one per monument) , Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions (PMTs) 4 Postage 4 Public Works Approval Letter Title Report or Plat Certificate 4 Topography Map (5' contours)3 Traffic Study 2 Tree CuttingNegetation Clearing Plan 4 Utilities Plan, Generalized 2 Wetlands Delineation Map 4 V Wetlands Planting Plan 4 Wetlands Study This requirement may be waived by: 1. Property Services Section PROJECT NAME: ?tie I 4-ti 2. Public Works Plan Review Section 3. Building Section DATE: /. — it -- 4 Development Planning Section h.\division s\develop ser\dev.plan ing\waiver xt, CITY OF RENTON DEVELOPMENT SERVICES DIVISION LIST OF SURROUNDING PROPERTY OWNERS within 300 feet of the subject site PROJECT NAME: Wells Avenue Town Homes (544 Wells Ave 1\1, Renton WA) APPLICATION NO: (Bldg Permit 4B900315) The following is a list of property owners within 300 feet of the subject site. The Development Services Division will notify these individuals of the proposed development. NAME ADDRESS ASSESSOR'S PARCEL NUMBER Mclnemey, W.K.,Jr 3600 First Interstate Center 082305-9019 999 Third Ave, Seattle,WA 98104 The Boeing Company P.O. Box 3703 M/S#1F-09,Seattle, WA 98124 082305-9037 The Boeing Company P.O. Box 3703 M/S#1F-09,Seattle, WA 98124 082305-9152 The Boeing Company P.O.Box 3703 M/S#1F-09,Seattle, WA 98124 082305-9209 The Boeing Company P.O. Box 3703 M/S#1F-09,Seattle, WA 98124 722400-0865 McInerney&Baker 999 Third Ave, Suite 3600,Seattle,WA 98104 7224(10-0880 Riffle, Gary M. 541 Park Ave N,Renton, WA 98055 722400-0881 Summ's, Inc P.O.Box 24,Renton,WA 98057 722400-0925 Wong,Andrea 526 Pelly Ave N,Renton, WA 98055 722400-0930 Burnatowski,Janusz&Christa 517 Pelly Ave N,Renton, WA 98055 722450-0025 Nelson,David&Allison 525 Pelly Ave N,Renton, WA 98055 722450-0030 Chien Yen Huang #116 Chung Sing Street,Tao Yuan 722450-0035 Taiwan,R.O.C. Plant,William F. 531 Pelly Ave N,Renton, WA 98055 722450-0045 Wong,Linda&Andrea 5539 21" Ave S, Seattle, WA 98108 722450-0050 Norman Schultz Corp. 7634 S. Sunnycrest Rd, Seattle,WA 98178 722450-0055 Wong,Philip J. 547 Pelly Ave N,Renton, WA 98055 722450-0065 Case,Hattie O. 540 Wells Ave N,Renton, WA 98055 722450-0075 Wyatt,Lila M. 538 Wells Ave N,Renton, WA 98055 722450-0080 Petcltnick,Gratzer&Gunderson 534 Wells Ave N,Renton,WA 98055 722450-0085 (Attach additional sheets, if necessary) (Continued) NAME ADDRESS ASSESSOR'S PARCEL NUMBER Russo,Robert A. 528 Wells Ave N,Renton,WA 98055 722450-0090 Whysong,Karyn K.et a! 524 Wells Ave N,Renton,WA 98055 722450-0095 Schwartz, George&Lucille 520 Wells Ave N,Renton,WA 98055 722450-0100 Bartlett,Mildred M. 621 S. 291"St,Federal Way,WA 98003 722450-0105 Richter,Tom 14302 148th PI SE,Renton,WA 98059 722450-0150 Nicoli,Ray J. 1407 S. 208th St,Seattle,WA 98148 722450-0155 Nicoli,Mario&Dario 529 Wells Ave N,Renton,WA 98055 722450-0160 Applicant Certification 1, James E. Gorman , hereby certify that the above list(s) of adjacent property (Print Name) owners and their addresses were obtained from: • ❑ Title Company Records ® King County sessors Records Signed / , _y • Date 8? (Applicant) • NOTARY ATTESTED: Subscr tied and sworn before me, a Notary Public, in and for thpState of Washington, residing at I!°�-1-14 (ua� on the I - day of , 19 _/� Signed .; (Notary Public)' ****For City of Renton Use**** CERTIFICATION OF MAILING I, , hereby certify that notices of the proposed application were mailed to (City Employee) each listed property owner on Signed Date: NOTARY ATTEST: Subscribed and sworn before me, a Notary Public, in and for the State of Washington residing at on the day of , 19 Signed listprop.doc REV 07/98 2 LIST OF SURROUNDING PROPERTY OWNERS - Continued — NAME ADDRESS ASSESSOR'S PARCEL NUMBER Kaercher,Rick&Walker,Karen 26828 SE 208th St,Maple Valley,WA 98038 722450-0170 Schultz,Norman&Marian 7634 S.Sunnycrest Rd, Seattle,WA 98178 722450-0175 Saunders-White,Eric&Cynthia 541 Wells Ave N,Renton,WA 98055 722450-0180 Moreland,Don&Bob 1120 8th Ave#1804, Seattle,WA 98101 722450-0185 Holmes,Dennis W. 546 Williams Ave N,Renton,WA 98055 722450-0190 Norman Schultz Corp 7634 S. Sunnycrest Rd, Seattle,WA 98178 722450-0195 Schultz,Norman M. 7634 S. Sunnycrest Rd, Seattle, WA 98178 722450-0210 Chan,Philip Y. &Grace P. 7940 B Seward Park Ave S, Seattle, WA 98188 722450-0215 Leahy, Jeffrey M. 524 Williams Ave N,Renton,WA 98055 722450-0220 Howe,Evelyn J. 14548 SE 51"St,Bellevue, WA 98006 722450-0225 3 \11. / ► ' \ v .f 5fir, 544 WELLSI AVE N. I BOEING.I n I V 1 I` 4ISy'. !I o \�;.., JJ 4 Jur LC /• ICL _Dtu`Iv\.. I ' i i-� .1�. ,� o 1 UNDER CONSTRUCTION Z72 `� L '9 I [V89-40-51 E 149.28� ; 4:".‘ " i/o3be io+rroK... a609/!ofr7 7ioCiras/i IS0I/Jo9is 7�O8/P03•J/ 7i•o.i7 0y B6o9/ 47/- /O' _v 1 N 6TH ST ? a///o9o473-a' :7ZO4ofof4A- 1326. 0 ., o 0 0 �.,..t�►usc t� — — — 1 S...�: 7lOt0:a3s�a 334 7S....• 710,0104S0 1t.7.,01j0 Ka/O 10/l• It ps Ij 1I .• R•/,7 r00 IL �JD a0 0 j t - �. ,87.j rl', 1 ios.t Jo 1 1' !�13 !7! I by2q�pi�1`�� °,Y13 Aq�Bro gC BAPTS ,� SFR I2 M °I�I4 '� 1 134 M 30 1. 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Q 2 00 4ot 5 �� 01 y°•y -I h° g�ti� -J� •22 ��9° #° 5 5 ` c 635°° 5°° � o°� °°° 3 °0° °0° a• p Q . 21 0355 fot10' . t 21 h° otiby 3�1ay4 21 y o'�° ooti° 4 ' , 23 59'Z0 0 4 ' • • o9h5 �,rs • 22 5oh oo yZy�S 3 • + 22 o°A90 3o°0°3 , I o°°y o°°° ' �24 _ stj�3 t n. 04 oZ sot °'a 22 50'` so°�h 3 'h co e3.3 53.4 °° i 0 1 23500' st o2 ; 23 OZ h°°°�tiati so 4y 2 • ' 23 fpti° od'o I h 25 Inhol,..,°0 2Fo l:: 4f' 1 Doh o0 0 00 o NEIGHBORHOOD DETAIL MAP 24 191 0.1' boo I ° y 24 hvd's^11 5°0°° I ° ° 24 °°05 O0- o y o o ti h b°,y 5v0° SCALE: 1" = 100' s�.s °I �/.t u ios ,00 It roo .3o roo It i00 de9 - S! • z,E 472 VARIANCE REQUEST 544 WELLS AVE N. / 1t1 /03 „ .1 1• /00 lilt /00 1 30 • 4 <N iod.bt 5TH< ,o ST RENTON,NTO N, WA o� • ODJACt1,11 YKvrci,. 1 11 54o WELLS AVE N. p. . dal 41 of 0. — \// of C J q N Z /2 ZD j 20 7 --/ ZO' -/ i ' PRo1ERTY . 1 L.IME =III- --- — Ia w 2CAR ' 'r- Lci 4 � ,� GARAGE 215 ax +DWELLING co " j V) I < tiZ 19' x Zo' I( AZ o J w a I. 3 W ( uJc)* (UNDER CONSTRUcT1e�n1) y o 1.a � -, W i W 3 ti o f io 2 w Z ? Q. 2 CAR 2 STORY DWELLING al H VI W ;Al � vvtC a Q ¢ Q Q GARAGE 15' x 40' — 1 h * 5 0' (UNDER CON STRUCTION��` Q (a N MANT � Q 19x2 h<E, 4 (U/C) At -`t ao PR ORE RTY L.INE S IDEWALK / v Li SCAPIAt& N. SIXTH ST SITE S)ZE SOOOSF DRIVEWAYS 760 SF AROP. I MPERYIOUS LAWN 2Z8OSr $ iTE PLAN 544 WELLS AVE N. BWLDING 196.65F 1a _ 20' DRIVEWAY S 760 sF TOTAL 27ZOSF Lai' 5 1 E E SooO sF PRaP. BLDG HEIGfir = 251 pRoP. LAWN Z28o sF BLDG AREA SETBACKS CODE PILOP. GARAGES 760 SF N 6" 5T 15' 6 ' BLDG 54 FooTAGE EA TeTAL DW ELLIA!G 5 1206 5F GARAGE 3Bo SF 760sr TOTAL 1960 sF R EA 12 20' 2d ' LIVING 16T FL062 524 1168 Soortl SIDE 51 6 ' a 2"'D FLOOR 498 996 LOT COVERAGE 39.2 X IS TOTAL 10820 ZIGo4.sF *BUILDING PERMIT' B9B0 315, IssV O 23 AUG 98 Request for Minor Administrative Variance From Setback distance along Arterial streets: At the new residential construction underway at 544 Wells Avenue North, Renton, Washington, the applicant and property owner, James E. Gorman, requests an Administrative Variance from the set back requirement along arterial city streets be granted. A 15-foot set back along arterial city streets is currently required for new residential construction, $ A- !O- foot' cr t ba 4.j< 13 ►-r g (.. ? 6./i4,q ih-fct-ibr S,de A 5ft- 8in actual set back at the new construction exists from the property line to the side of the structure and 4 feet-6 inches to the eaves (overhang). The owner- applicant requests a minor Administrative Variance be granted to authorize the existing set backs. Expedited handling of this application is requested. Both of the dwelling units in the duplex have been sold. The scheduled closing date is 30 December, this year. We would, if possible like to have the variance granted by then in order to proceed. A full justification for this Administrative Variance Request is attached. SYNOPSIS: The new construction at 544 Wells Ave. N. is a residential duplex. It is at the corner of Wells Ave. N. and N. 6th St., an arterial. The building permit B980315, issued on 23 August 1998 for the construction, showed a 6-foot setback along N. 6th St. When it submitted the building permit application, The applicant was unaware of the 15- foot arterial setback requirement. During the permit review process, no mention was ever made of the 15-foot setback, and the permit was duly issued. Assured of being able to build, the owner-applicant then closed the real estate purchase of the building lot and proceeded with construction. On 23 November 1998, a city management official noticed the new construction with less than the 15-foot required setback. By then the construction was 85% completed. The owner has a small fortune invested in the land and the construction. It would be an extreme hardship on the owner if the Variance is denied. Justification for Variance Request: 544 Wells Ave N., Renton, WA Building Permit B980315 A. The Applicant will suffer undue hardship if the variance is not granted. The new duplex town home construction , authorized by City Building Permit #B980315 in August 1998, is by now 85% complete. The applicant is the owner of the property in question, and is the builder-developer. The construction is financed by a construction or builders loan from a local bank, to which the applicant makes monthly payments. Moreover, both dwelling units have been sold, with earnest money deposits made by each buyer. The scheduled closing date is 30 December. It would be an extreme financial and legal hardship to the applicant if the variance is not granted, nor handled expeditiously, and the construction not finished nor the sales of the units completed. The minor administrative variance from the 15—foot setback along arterials is necessary because of special circumstances that apply to the property. The duplex under construction provides a two-car garage for each dwelling , which avoids on street parking. Each garage is nineteen (19) feet wide; this is a minimum to accommodate 2 cars. Together, the two garages, situated side by side and sharing a common wall, are thirty-eight (38) feet wide. The width of the building lot is 50 feet wide. It seemed that the duplex could be built on the lot with 6-foot setbacks from the property lines on both sides. A 15-foot arterial setback meant that the building lot minimum width would have to be 60 feet—which was impossible, or the duplex garages would have to be 30 feet wide, which would not be feasible for parking 4 cars. The requested variance is needed only along 60% of the length of the building lot adjacent to N. 6th Street. The lot is 100 feet long. The structure is 60 feet long, consisting of the garage which is 20 feet long and the living area which is 40 feet long. Along the garage, the existing setback is 5 feet— 8 inches (5'-8"), and along the living area, it is 9 feet— 8 inches (9'-8"). Along the other three sides of the property, the minimum required setbacks are met. The variance being sought is minor. It applies to a little more than half the length of only one of the four sides of the subject property. When the applicant requested a building permit, it was unmindful of the 15-foot setback required along arterial streets. In the permit application it showed a 6-foot setback. During its review, the City Public Works Department did not advise the applicant at the time of the 15-foot setback for arterials. It issued the building permit, with the 6-foot setback along North Sixth Street. The applicant then proceeded with the purchase of the lot, and began construction of the duplex, which is now nearing completion. 1 • Justification for Variance Request: 544 Wells Ave N., Renton, WA Building Permit B980315 Along the north side of the property, along North 6th Street, there is a sidewalk between the gutter and the property line. The actual set back of the duplex from the street curb and gutter line is 12 feet at the garage and 16 feet at the living area. Strict application of the Building Code regarding the setback along arterials would deprive the applicant, who is the property owner, of rights and privileges enjoyed by other property owners in the vicinity. There are other nearby residential properties along N. 661 Street which have setbacks from the arterial much less than the required 15 feet. To the west, across Wells Ave N. is an 8 unit 2 story apartment with 6 feet of setback along N. 6th St. (address is 806 N. 6th St.). To the east, the residence behind the duplex, at 547 Pelly Ave N., has a 10-foot setback from the arterial, N.6th St. Those property owners are under an identical classification as the duplex. Moreover, those owners have the right to use more of their properties to situate their buildings. B. Granting the minor administrative variance as requested will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. The existing arterial setback of the applicant's duplex matches or exceeds the setbacks of the adjacent properties along the arterial, N. 6th St. When completed, the aspect of the new duplex along N. 6th St. will be comparable to the other residences in the vicinity. There is no impact to traffic on the adjacent streets from situating the duplex closer to N. 6th St than the 15-foot setback. For motorists entering N. 6th St. from Wells Ave N., there are several hundred yards of clear site distance in either direction along N. 6th St. This distance is in no way reduced or impeded by the smaller setback of the subject duplex. C. Approval of the Variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the same vicinity and zone as the subject property. The setbacks of the properties adjacent to the duplex along the arterial, N. 6th St., are much shorter than 15 feet; they are comparable to the existing arterial setback of the applicant's duplex. With the smaller arterial setbacks, those adjacent property owners have the right to use more of their properties to situate their buildings than is being granted to the applicant. Approval of the variance will grant the applicant the same property rights and privileges currently enjoyed by the adjacent property owners. D. Approval of the Variance will be the minimum that will accomplish the desired purpose. The desired purpose is to create a high quality affordable infill duplex development that increases density while maintaining the single-family character of the neighborhood. This • is an objective that enhances the neighborhood, the community, and the City of Renton, as well as the applicant. 2 ----.....,.. C-LINE #52584 35MM PRIN I S ------------ ''''' .,... 1 . ....._.-- ,••T HT ,..... ..v-,=......-1--- ..••• ..., v • A,* . , M-V•jr,,2-". 11111. A,•• ••.,,,.s,-,..,.............,‘,.7..:... , 1,a z .. , t' • •lilf el•-..-- ,•• ....a• I jail. . ••••- .•-,- ..... ' iiik .."••• 11117- •...1.00. •••• • . • to / ;- • -- r I A /,--.1( Jv •. ' 1 Si # ', • • _ .z .,... .—__L.-:k •ga t . L. 61. ,,,, , ll' ,-- 1".' '' .. •• ' Iiiiirt • -.Z. • 1 _ A.11117 r- I , •••• 0' c••.!.....• : ' I ' II":43M11111. • • 1 • ,, •. r i ••I -• •b.4... ... _....._...... *-. Ow KI. 6M sT. - NEW DUPLEX .5 44 WEL AT 8 e)6, N. 6,-ria s T. - - Ac L 00 If i N a EAST e)s-s IV4 TW .... LOOkIll,16 --------- — --, • • , . . -siv.f.."- r-04, -s--.-7,..i.--..A.......w... -- ________ ..ioe. 4;4*.•.- ..- ' -_____ _ la's*: 4'....., .ie •' '4 Worwarid; ,....14 IIIII . I I , I I, 1 ... I• . .... 1 I ..VA9 ,', "It , —1 1 "Oft I %k• 4ii. /t I • 1.; ' ,*,It 4 ,4.1 ts,,.,f,,,,,,.,.!,,e441."! ?, '• •:•'' . • \ ,f, q.'..4 !,.1 .* • g ..,...... , ...... ._- .... ..- _. . , 4 eil 4•.41.4".. . .... I ' 14;:i01 .••••...... 'rill • i• I ' . r ) -' •s 1-1 owl'"k 1:: • . . . t f .11 a._ ! •• I, Li :14.4:h4;1:r 1: .11. , • . .4,... s.. , , 2 i & i Ili)1/ . r am II ffil ma . "1111.1.m. - k A I II i ,. It L'i:•,,,,,74 . i,... S 4-0 WELLS Al .. - , ,0--V fill-'V k; • ‘11100116. -3(-4.'". _ AT F(ZONT, 54-4 WELLS N. . „., ,,,....„.„___...., _. .... .. ..,...,.__._ ._ L O t'.)K 1 NG Al. E. :' '-'. - .• LOOk )Na EA 5 7- I ii 1 N b.Ai DUI-LE PAUL NELS CARLSON CO. INC. GENERAL CONTRACTORS 13306 S.E.30TH STREET BELLEVUE,WA 98005 (425)643-0717 11 December 1998 Dear Neighbor: By now you may have received, or are about to receive, a public notice from the City of Renton regarding a residential construction project of ours, located in your neighborhood, at the corner of Wells Avenue North, and North 6th Street. Its address is 544 Wells Avenue North. The project is a duplex town home, consisting of two condominiums, which we plan to sell to individual owners. The City's public notice is about a variance from the setback distance between the new building and the property lines along N. 6th Street and along the south side, next to 540 Wells Ave N. Briefly, local ordinances require fifteen feet as the minimum distance along arterial streets, such as N. 6th St., and ten feet of set back from an interior property boundary. However, we have built the new duplex six feet from our property lines on each side. Accordingly, and at the City's request, we have applied for a variance to authorize the actual distances. The notice you receive is part of the City's review and approval process. Our company is building a pair of high quality homes, that are at the same time affordable. This style has been very popular in other locations where we have built. Our duplex is a sturdy home, that has a great appearance, and really fits in with the neighborhood. The future owners of our condos will be very pleased to join your neighborhood. They will be a very good addition to the community, and will be great neighbors and good friends. So we ask for your support to obtain this variance. If you wish, please write favorably in reply to the City. Thank you, G2L.L\ Paul Reh Paul Nels Carlson Company Attachment 'c' Supplemental Information&New Argument General Discussion of Older Corner Lot Sideyard Setback Requirements. New corner lots,based on City staff input,are now required to be 60'wide;which may be at the heart of this dimensions problem. It is our current understanding that for R-10 lots,50 feet or less in width, interior sideyard setbacks are 5 feet both sides for an interior lot and 5 feet on the side and 10 feet along streets for corner lots;a criteria which may have been intended for a 60 foot lot width.. We are unclear as to why this requirement,which is more restrictive of corner lots,was established without some provision for minor or partial encroachments,which might facilitate area enhancing development. For example,we recognize setback may be established to: * help control fires *provide lines of sight *provide to potential people access *provide landscaping space *provide for expansion *enhance building aesthetics In this instance the 4' x 20'or 80 square foot encroachment will: (1)likely be neutral to any fire control requirements of N.6th Street. (2)not adversely impact any necessary lines of sight. (3)not impact people access because of the adjacent public sidewalk. (4)not materially impact local landscaping. (5)not likely impact any prospective expansion N. 6th Street, if any (6)enhance the general aesthetics of the neighborhood by providing new quality housing in this industrial impacted residential area. Untimely Land Use Action Applicant submits that the zoning administrators discussion related to the roadside setback of 20 Jan., 1999 provided us 5 February, 1999 is so out of sequence and untimely that it should be reversed or estopped on the basis of untimelyness alone. Land use,planning,and permitting actions are typically undertaken well in advance of construction, not after completion and authorized occupancy. Were the current Owners of this duplex townhouse compelled to remove and rebuild the 80 square feet of structure encroaching and to perform such additional work as to accommodate a marginal fix,this action would be more of a taking or condemnation than a land use action. Inaccuracies in Administrative Variance Land Use Action - Report and Decision Appellant note inaccuracies in the report and decision data. (1) No stop work order was ever issued. (2) Sixty-six percent of existing structure is setback 10 feet. The encroachment is only 4' x 20' or 80 sq.ft. Permit Issued. By its building permit approval,the City of Renton arguably authorized this minor encroachment construction. See the City staff prepared report and decision,which in paragraph 4 of C reads: "In July of 1998,a building permit for the duplex was issued in error...." Arguably this situation is a result of City administration. Please note also the incorrect application of its requirements in paragraph 1 of the report and decision of 20 January, 1999. Appellant suggests incorrect or non-level handed application of requirements;adds to an ability of reliance on approval of a building permit. Vehicle Line of Sight Consideration No vehicle line of sight problems should result from this variance. North 6th Street can be entered from Wells Avenue North and from the alley behind the property by right turn only. A divider controls traffic to a one-way direction east on 6th. The largest of U.S.automobiles would easily have a clear view west from the alley behind the property (the alley is nearly level with the building grade,and a clear view of 6th Street is provided). Whereas,a 42"high fence,which per UBC Section 301 does not typically require permitting,might impact a drivers view from Wells. See photograph taken looking west from the corner of Wells and N. 6th Street. One mitigating solution here could be to allow no or a very low see through type fence(wire mesh)along N. 6th Street. Prospective Utility or other use of Sideyard Width along Street One reason for a 10 foot roadside setback might be the prospect of small utility lines being located in this width by standard open cut trench method. This is possible for all but 20 feet of this property and by shoring or use of modern trenchless technology,the effects of this 4' x 20'or 80 sq. ft. encroachment could be turned into a non-problem. Topographic Consideration Setback requirements are horizontal distance requirements between lines or points which must accommodate all topographic conditions. The problem in this instance is that 20 feet in roughly the center of this property is setback 6 feet in lieu of 10 feet per R-10 development standards. This will produce no greater line of sight,vehicle or pedestrian problem than would a 1 to 1 sloped planter. See photo of Boeing office planter located roughly 360 feet east of this project. Apo royal Path Consider first the path of approving a 6 foot setback variance for 20 feet of the 100 feet long lot. Generally no impact or consequence,particularly in light of the Cities admitted error. Disanuroval Path Consider next the disapproval path. The lot is 50 feet wide,the existing sideyard setback is 6 feet and street side setback is 10 feet. There will be at least(2)two but likely(3)three garage walls with returns involved which leaves 31 to 33 feet available to parallel park (4)four cars,which will not work. The one door open width of an American small car is 104.4 inches,medium car 111.9 inches,and a large car 120.0 inches. Parking stalls are typically 108 to 120 inches. Even a small car width cannot be made to fit,unless(1)one parked car is allowed to encroach in the street sideyard or alley setback area. Wouldn't it be more desirable to allow an aesthetically pleasing building to encroach rather than a parked one? Existing Owner Problems Let's now move into the issue of lost value. Were a change in the configuration of the parking garage of this structure necessitated,we project that the Owners of both townhome units could advance claims for lost value and other consequential costs. There is also the issue of the construction design and cost involved and who would carry these,as well as the issue of business impacts which would need to be addressed;probably through wasteful and non-productive litigation. Waste and Environmental Issue Were this variance not granted and the structure required to be changed,there would be the environmental issues of the waste of resources in making what we believe to be an unwarranted change. The prospect of having to remove and waste a perfectly good building material is particularly abhorrent to us. Don't we fill enough landfills. And why should we replace good construction materials with new materials(from our environment)to no end. Design Changes To change from the existing minor encroachment(80 Sq. Ft.)condition,there would be the challenge of designing an aesthetically acceptable revision to this building which would not negatively impact its neighbors. We have not been able to visualize how a change could be economically accomplished at this stage,which would not look like an unplanned and uncraftsman-like fix. City of Renton REPORT Department of Planning/Building/Public Works DECISION ADMINISTRATIVE VARIANCE LAND USE ACTION DECISION DATE January 20, 1999 Project Name Wells Avenue Townhome Variances Applicant James E. Gorman File Number LUA-98-178, V-A . Project Manager Lesley Nishihira Project Description The applicant, James Gorman, is requesting approval for an administrative variance from the R-10 development standards to allow for the reduction of: (1) the required 10 foot setback for side yards along streets, and (2) the required 10 foot interior side yard setback for attached units. A 6 foot setback is proposed on both sides of the structure. Project Location 544 Wells Avenue North Exist. Bldg. Area gsf 1,960 square feet Proposed New Bldg. Area N/A gsf Site Area 5,000 square feet Total Building Area gsf 1,960 square feet \,` N' • ,leorl `i 544."lxv AVE 44 1�E'4 0 I 1°' I' +,D I I DUPLEX 2E1510ENCE Q do j UNDER tbN rRUCT1o/J sr: Ve 4 I . + 1 •N o 6TH ST rv••n°,,, ..•. ,.,, ; nn:,..u..•°• • :>;.L' (pan ..wr ue.. ,. 132 .0 ... --r+.w.a ,r .... i,r°• °f o �.. ,o is °�^°0 J nn�I • of ,° 'l+• I '.. ,• C.13 �, ,Jp�;L.t ,113 r,�1p�� .� ri U ,segi12; :114 ; 1• I3= �'! 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NEIGHBORHOOD 1".10DETAIL MAP 0' 2 VARIANCE REQUEST i•, J° 111 544 WELLS'AVE N. 2 N 5TH ST I. ,°1 . 1,, ,°,n . I. ,°o p,t°°—1,. 4" ..°•, h•I �— RENTON, WA • Cl ty of-Renton PB/PW Department Administrative Variance Staff Report WELLS AVENUE TOWNHOME VARIANCES LUA-98-178, V-A REPORT AND DECISION OFJANUARY 20,1999 Page 2 of 6 A. Type of Land Use Action Conditional Use Binding Site Plan Site Plan Review Shoreline Substantial Development Permit Special Permit for Grade & Fill Administrative Code Determination x Administrative Variance E. Exhibits The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing: application, proof of posting and publication, and ler documentation pertinent to this request. Exhibit No. 2: Site Plan (Received December 10, 1998). Exhibit No. 3: Neighborhood Detail Map (Received December 10, 1998). Exhibit No. 4: Elevations Plan (Received December 10, 1998). Exhibit No. 5: Photographs (Received December 10, 1998). C. Project Description /Background: The applicant, James Gorman, is requesting approval of an administrative variance request from the R-1 development standards to allow for the reduction of: (1) the required 10 foot setback for side yards alone streets; and (2) the required 10 foot interior side yard setback for attached units. The subject site is situa 1 on a corner lot, bounded by North 6th Street on the north and Wells Avenue North on the west. The duplex, which has already been constructed, is setback 20 feet from the front property line, 20 feet f n tide rear property line, and 6 to 10 feet from both side property lines. The structure is designed with two is connected by vertical walls with the attached garages in the rear of the property setback 6 feet from the : e property lines and the living spaces in the front of the property setback 10 feet. The R-10 zone requires a 15 foot setback for side yards along streets. A reduction of this requirement tc J filet is allowed for lots 50 feet or less in width. The R-10 zone also requires a 10 foot interior side yard setback for attached units. Four feet of the garages are located within the required setbacks on both sid of the property. III July of 1998, a building permit for the duplex was issued in error. It was not until 85% of the structure is complete that the City realized the problem and immediately issued a stop work order on the project. Up f nding out what the R-10 regulations were, the applicant applied for a variance. l he applicant states he will suffer an undue hardship if the variance is not granted due to the City's appr 31 and issuance of the building permit for the structure. The applicant also contends that the variances are necessary to accommodate a two-car garage for each dwelling unit in order to avoid on street parking. ADM C ty of Renton PB/PW Department Administrative Variance Staff Report li ELLS AVENUE TOWNHOME VARIANCES LUA-98-178, V-A RlYORT AND DECISION OF JANUARY 20,I999 Page 3 of FINDINGS, CONCLUSIONS & DECISION F aving reviewed the written record in the matter, the City now makes and enters the following: L Findings 1) Request: The Applicant, James E. Gorman, has requested approval for an Administrative Variance for the side yard setbacks for his duplex located at 544 Wells Avenue North. 2) Administrative Variance: The applicant's administrative variance application complies wit th requirements for information for a variance. The applicant's site plan and other project drawing:., ar entered as Exhibits No. 2 thru 5. 3) Existing Land Use: Land uses surrounding the subject site include: North: Industrial Pro r rt (Boeing); South: Single family residential; East Single family residential; and West: Multi-i nil residential. 4) CONSISTENCY WITH VARIANCE CRITERIA Section 4-31-19F.3. lists 4 criteria that the Zoning Administrator is asked to consider, along w a other relevant information, in making a decision on an Administrative Variance application. include the following: The Zoning Administrator shall have authority to grant an administrative variance upon making a determination, in writing, that the conditions specified below have been found to exist: a. That the applicant suffers undue hardship and the variance is necessary because of sp ciz circumstances applicable to subject property, including size, shape, topography, locatic c surroundings of the subject property, and the strict application of the Zoning Code is four' t, deprive subject property owner of rights and privileges enjoyed by other property owners the vicinity and under identical zone classification: Variance request#1 The size and shape of the lot in addition to its location on a corner limits the area that is availat fc construction of a duplex structure with attached garages. However, this is not a unique situatioi applying only to the subject property because all of the lots in the surrounding area are of the sa -ne size and shape. Therefore, there is not a special characteristic of the subject property which lirr is or restricts its use or deprives the property owner of rights and privileges that are enjoyed by of r property owners in the vicinity. Furthermore, the construction of a nonconforming building on property lacking special or uniqu circumstances does not create a hardship. Although the building permit may have been issuec 1 error, it is the applicant's responsibility to obtain and comply with all applicable development regulations. The applicant has submitted photographs documenting other property owners in the vicinity, ur :r identical zoning classification, that have developed within a close distance to North 6th Street. However, the two lots presented (adjacent parcels east and west of the subject site) appear to :e the required 10 foot setback for side yards along streets allowed for lots 50 feet or less in width DM VAR.DOC/ Cit,ofRenton PB/PWDepartment Administrative Variance Staff Report WI'LLS AVENUE TOWNHOME VARIANCES LUA-98-173, V-A REPORT AND DECISION OF JANUARY 20,1999 Page 4 of 6 Variance request#2 The intent of the required 10 foot interior side yard setback was to address the need for a larger e yard for detached single family units with zero lot lines. However, the code provision has been incorrectly applied to attached unit developments. Furthermore, the requirement is more restricti‘ than the required setbacks in other multi-family zoning designations which allow duplex development. Therefore, the subject property owner would be deprived of rights and privileges afforded other property owners capable of developing duplexes. (Amendments to the R-10 zone one of which reduces the interior side yard setback for attached units to 5 feet, are anticipated to adopted by City Council by the end of this month.) b. That the granting of the variance will not be materially detrimental to the public welfare �r injurious to the property or improvements in the vicinity and zone in which subject propert s situated: Variance request#1 The granting of the variance would not result in direct materially detrimental impacts to the pi c welfare. It may be considered injurious to property improvements in the vicinity and zone becau it would allow for construction that differs from the standards that generally apply to all propertie n the R-10 zone. This would set a precedent and create uncertainty about maintaining zot g standards which have been adopted to protect and enhance residential neighborhoods. Staff has received one letter in support of the proposal from the property owner directly west of e subject site. Variance request#2 The granting of the variance would not be materially detrimental to the public or injurious to e property or improvements in the vicinity since the majority of the properties are and can e developed with a lesser interior side yard setback. c. That approval shall not constitute a grant of special privilege inconsistent with the limita n upon uses of other properties in the vicinity and zone in which the subject propert s situated: Variance request#1 Approval of the subject variance application may be considered a grant of a special privilege because it would provide an exception from a zoning standard that limits most properties in t-)e vicinity of the subject property. The applicant's submittal includes photographic documentation of adjacent properties and tl :ir setbacks from North 6th Street. While the adjacent properties have structures which are near to e street, they appear to comply with the 10 foot reduced setback for side yards along streets appl g to lots 50 feet or less in width. The granting of the variance would allow the applicant to utili; a required yard area that is unavailable for use by other properties. AD MVAR.DOC/ City of Renton PB/PW Department Administrative Variance Staff Report WE.'.LS AVENUE TOWNHOME VARIANCES L UA-98-178 V-A REP)RT AND DECISION OFJANUARY 20,1999 Page 5 of 6 Variance request#2 The majority of the properties in the vicinity are allowed an interior side yard setback of 5 feet - ! )r both the R-8 zone, as well as for detached units in the R-10 zone. Therefore, the granting of i r e variance will not constitute a grant of special privilege inconsistent with the limitations upon uses )f other properties in the vicinity and zone in which the subject property is situated. d. That the approval as determined by the Zoning Administrator is a minimum variance that II accomplish the desired purpose: Variance request#1 Sixty percent of the existing structure is setback 6 feet from the side property line along North 6th Street where a minimum setback of 10 feet is required. The structure is 38 feet wide at its greate width, leaving only 12 feet to divide between the two side yards. The proposal may be considere to be the minimum variance necessary to allow the structure to remain as is. The applicant contends there is no feasible option for accommodating the required two parking spaces per unit other than with the two attached two car garages proposed. The R-10 zone requires parking to be located in the rear yard when alley access is available, but does not requir parking to be covered or inside a structure. If made to comply with the required setback, the curr t design of the structure would allow for either one attached two car garage and two outside space where the former garage was located, or create a three car garage with one outside space. Variance request#2 The approval of the variance - the reduction of the interior side yard setback for attached units to feet- is the minimum variance that will accomplish the desired purpose. E. Conclusions 1. The subject site is located at 544 Wells Avenue North, within the Residential - 10 Dwelling Units ?r Acre (R-10) Zoning designation. 2. The R-10 zone requires a minimum 10 foot setback for side yards along streets for lots 50 feE n width or less and a 10 foot interior side yard setback for attached units. The structure has ki n constructed within 6 feet of each side property line. 3. The analysis of the proposal according to variance criteria is found in the body of the Staff Report. ADMVAR.DOC/ Cit of Renton PB/PW Department Administrative Variance Staff Report WILLS AVENUE TOWNHOME VARIANCES LUA-98-178, V A REPORT AND DECISION OF JANUARY 20,1999 Page 6 of 6 F. Decision Tt e Administrative Variances for the Wells Avenue Townhomes, File No. LUA-98-178, V-A, Is: 1.) not approved for the reduction of the required 10 foot setback for side yards along streets; and, 2.) approved for the reduction of the required 10 foot interior side yard setback fo attached units. SI 3NATURE: erne. 6 /z-0—7 es C. Hanson, Zoning Administrator date TF ANSMITTED this 21st day of January, 1999 to the applicant and owner: Janes E. Gorman 13306 SE 30th Street BEllevue, WA 98005 TRANSMITTED this 21st day of January, 1999 to the parties of record: Dennis W. Holmes 546 N. Williams Avenue RE nton, WA 98055 ID(n & Bob Moreland 1120 8th Avenue#1804 SE attle, WA 98101 T/ANSMITTED this 21st day of January, 1999 to the following: La Ty Meckling, Building Official C. Duffy,Fire Marshal NEiI Watts,Public Works Division Lawrence J.Warren,City Attorney Scuth County Journal Lind Use Action Appeals The administrative land use decision will become final if the decision is not appealed within 14 days of the date of approval. An appeal of the decision must be filed within the 14 day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). An appeal to the H, aring Examiner is governed by Title IV, Section 4-8-11.B, which requires that such appeals be filed directly with the Hearing Examiner. Appeals must be made in writing on or before 5:00 PM on February 4, 1999. Any appeal must be accompanied a $75.00 fee and other specific requirements. TI IE APPEARANCE OF FAIRNESS DOCTRINE provides that no ex parte(private one-on-one) communications may occur cc ncerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner a wall. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would a v them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Cc ADMVAR.DOC/ c (ADJACEAT PRoPERVYI �.. V ��..-I ' 540 WELLS AVE N. '' �' �, N. Old iLj `4 W Z C'\/(r 4 J 4 /001 • , NI Iz' zo' 20, , 40` Zo` �', . PRo_P_ERTY ' li w 2 • CAR — a z Q 4 \,I ., GARAGE 2l5 ax ♦OwELLJNG Q e c ›' Ili x zo l 4 � `' W W � U/�),F (UNDER CONSTRUCT/dnl) ` t. I J O: rL W w : - '[ - ? 2 Z CAR 2 STORY DWELLING iu I h LL.1 74 Q 5 a 0 \0. GARAGE 15' X 40' 4 (UNDER CON s7RUcTIGN)x` H V' T HYDRANT Cr h<I. ak Y 4 (UIC) �� - - , .. ♦---' PRopE R TY S IDEWALK l v• curia / tL • ` LAIVDSCAPIIJG N. SIXTH S T SITE SIZE: SODOSF DRIVEWAYS 760 SF PROP. ,MPERYIOUS LAwAl 228osc SITE PLAN 54- 4 1NELL5 AVE N. BUILDI&JG 19GD3F DRIVEWAYS 760 SF Irr = 201 TOTAL Z 7 20 L6T SIEE SDoa sF PRcP. BLDG HEIGH-r = 25' PRoP. LAwN Z280 s>` BLDG AREA SETBACKS CODE PILO P. GARAGE�. < 760 SF N. G TH ST. IS ' 6 r SLOG 5Q F66TAGE EA ThTAL DW ELLIAIG 5 I2 DO SF TorAL REA 20 GARAGE - 3Bo sF 760sF 1160 sf ' 2a r L/WMG /ST FL062 584 1168 2EA la 20 20 " Sou TN S11JE Sr � 2�n FLoo2 4 98 996 6 TOTAL IOB2sF ZIC 4- M / .-r ... . ,-n n /- C Z 9 7 7 YiBUILDING PERMIT B98O315, ISJU60 23 .9(16 ,8 ritik, CITY `)F RENTON NIL , Planning/Builuiiig/Public Works Department esse Tanner,Mayor Gregg Zimmerman P.E.,Administrator February 24, 1999 James E. Gorman 13306 SE 30th Street Bellevue, WA 98005 Subject: Wells Avenue Townhome Variances File No. LUA-98-178, V-A Dear Mr. Gorman: Yesterday, February 23, 1999, this department was made aware that the administrative land use decision regarding the project listed above was not received by yourself, the applicant, within a timely matter. Therefore, the appeal period for the decision contained in the attached report is being re- opened. The administrative land use decision will become final if the decision is not appealed within this 14 day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). An appeal to the Hearing Examiner is governed by Title IV, Section 4-8-113, which requires that such appeals be filed siirec:tly with the,, Hearing Examiner. Appeals must be made in writing on or before 5:00 PM on March 10, 1999. Any appeal must be accompanied by a $75.00 fee and other specific requirements. THE APPEARANCE OF FAIRNESS DOCTRINE provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. If you have any further questions regarding this land use application, please contact me at (425) 430- 7270. Sincerely, Zeibc,3 11]-25- Lesley Nishihira 17- F1 (Z. Assistant Planner cc: Dennis W. Holmes, Party of Record Don Moreland, Party of Record LJ/ Ci T y Larry Meckling, Building Official C. Duffy, Fire Marshal Neil Watts, Public Works Division Lawrence J. Warren, City Attorney South County Journal • 1055 South Grady Way-Renton, Washington 98055 ®This paper contains 50%recycled material,20%post consumer