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J Justifications: Administrative and Shoreline Variances
General Narrative: The Asdourian Property is unique in its restrictive shape and proximity to the water.
Unlike most waterfront parcels, that have just one shoreline, the Asdourian Property is bound by water on
two sides, the north and west. As a result, there is only a small space in the southeast corner that meets
required setbacks (see 25’ OHWM setback). (See Figure J.1) Almost the entire existing home is a legal
nonconforming use.
Figure J.1 Existing Conditions with OHWM
As if this double-sided-water feature was not enough, the Asdourian lot is one of just four lots in this plat
for which King County never granted a right-of-way vacation from the old railroad corridor (the Asdourian
home is marked “3901” at the top of the image in Figure J.2). Compared to their neighbors to the north
and south, there is barely enough room on these four parcels to construct a tool shed, much less a home,
while maintaining all required setbacks and having an off-street place to park a car. This is why, as can be
seen in the picture below, several of the Asdourians’ neighbors to the south have structures within the
J_ Justification_Administrative_and_Shoreline_Variances_Amended_9-13-21 2
right-of-way (which are old and have their own entitlements). The Asdourians propose to stay entirely
within their legal boundary lines, but in this case, that does not allow any room for error.
Figure J.2 Asdourian Nonconforming Lot
As discussed above, the Asdourian lot depth is 25 feet less at the right-of-way than 85% of the other lawfully
platted lots in this subdivision. The lot width is, at its widest, 51-feet in comparison with the 60-foot
minimum for new lots. Consequently, the size, shape, and proximity to the water of the Asdourian lot are
special circumstances applicable to this lot and not others. The Asdourian lot simply could not be created
today and imposing modern requirements such as setbacks and lot coverage, designed and intended for
more recent, larger, compliant parcels, would constitute a failure to recognize these special circumstances.
The Asdourian proposal will have no detrimental effect to the ecological function of the shoreline. (See
Exhibit RS Northwest Architectural Lake Study 2021.) Wherever practical, the proposal complies with
current regulations. Wherever necessary, the proposal incorporates the minimum possible variance to
achieve a measured balance between strict compliance and reasonable use of the property. Each
variance is discussed in detail below.
ADMINISTRATIVE VARIANCES
RMC 4-9-250 VARIANCES, WAIVERS, MODIFICATIONS, AND ALTERNATES
B. VARIANCE PROCEDURES:
The Administrator has the authority to approve, or approve with conditions, applications for variances
from the development standards in RMC 4-9-250 unless otherwise prohibited, such as, an expanded
single family residence on a pre-existing platted lot where there is not enough developable area
J_ Justification_Administrative_and_Shoreline_Variances_Amended_9-13-21 3
elsewhere on the site to accommodate building pads and provide practical off-street parking, providing
reasonable use of the property. (RMC 4-9-250B.1.b.v.a). However, when a proposal also requires a
variance to the Shoreline Master Program, the Hearing Officer shall consider the requests in a combined
public hearing.
Description of administrative variances from RMC 4-2-110A, column R-6:
1. Setbacks.
Front yard. Table RMC 4-2-110A requires a minimum front yard setback of 25 feet, which, because
King County has not granted a right-of-way vacation, is basically the middle of the property’s land
mass, and just a few feet from competing setbacks discussed below. The front (east) yard angles from
northeast to southwest along the existing right-of-way. At the nearest point, the eastern façade of
the existing dwelling is 6 feet 3 inches from the east property line. The Applicant proposes to
construct a garage on the existing concrete driveway that, at the nearest point, will be 2 inches from
the east property line.
Side yard. Table RMC 4-2-110A requires a minimum side yard of a combined 15 feet with not less
than 5 feet on either side. The existing dwelling does not meet these criteria. With a lot width of 51
feet, this would mean constructing a home within a 36-foot corridor. The existing dwelling is
between 6 feet 10-7/8 inches (6’ 10-7/8”) and 7 feet 2-7/16 inches (7’ 2-7/16”) from the north
property line. The existing dwelling is between 5 feet (5’ 0”) and 4 feet 10-7/8 inches (4’ 10-7/8”)
from the south property line. Following the plane of the north facade, the proposal will add a garage
wall on the north side that is 7 feet 3-3/8 inches (7’ 3-3/8”) from the north property line. The most
southern structural point, at ground level, will be setback from the southern property line by
approximately 4 feet 9 inches (4’ 9”). The proposal will only extend 1-7/8 inches beyond the existing
nonconformance.
* As discussed below in the shoreline variance section, due to the existence of shoreline on the north
side yard, a more restrictive requirement essentially overrides that side yard requirement.
Rear yard. Table RMC 4-2-110A requires a minimum rear yard of 25, feet, which, as above, is basically
the middle of the property’s land mass, and just a few feet from competing setbacks discussed
below. The current proposal will increase height but will not extend further waterward into the rear
yard setback.
3. Number of Stories: Table RMC 4-2-110A sets a maximum of two stories. The existing dwelling is two
stories. The applicant proposes to construct a third story within the City of Renton Residential
Building Height Guidelines. Nearly every neighbor to the north and south of the Asdourian property
has a three-story home. In the remodel narrative, PN_Asdourian House Remodel, the Applicant
provides documentation to demonstrate this circumstance. The Applicant believes this variance is
necessary to compensate for the restrictive size and shape of the parcel as discussed above.
B6. Decision Criteria: Except for variances from critical areas regulations, a determination shall be made in writing
that the conditions specified below have been found to exist:
a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of
special circumstances applicable to subject property, including size, shape, topography, location or surroundings of
the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of
rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification;
RESPONSE
J_ Justification_Administrative_and_Shoreline_Variances_Amended_9-13-21 4
General. Other properties within the historic Garden of Eden No 2 plat are zoned R-6 and are regulated
by the Renton Shoreline Master Program. There are 27 single-family lots in the subdivision.
Setbacks. The home is 50 years old and requires updating. Adding a partial third story to the existing
home, while intruding into the setbacks, instead of tearing down and starting anew, will have a less
detrimental effect on the environment because of the conservation of energy embedded in the existing
building.1
The property Owner, Ryan Asdourian, has been diagnosed with Multiple Sclerosis and, as the disease
progresses, will suffer practical difficulties. As he ages and the disease progresses, he will require special
accommodations, such as motorized-walk assistance, wheelchairs, and/or mobile horizontal
confinement. Consequently, he desires to remodel his existing dwelling to accommodate his changing
needs and growing family, potentially requiring permanent in-home assistants. The proposed variances
are necessary to address these circumstances. As time goes on, Mr. Asdourian may not be able to utilize
the second or third story, but he will need a greater proportion of the first story for himself, and normal
or other uses on the first floor will be displaced, meaning his family will need the upper areas.
As discussed above, the lawfully platted property, lot 0070, does not meet the current minimum yard
width standards. The standard is 60 feet and the greatest lot width, at the east, is 51 feet. The lot depth is
25 feet shorter at the right-of-way than 85% of the other lawfully platted lots in this subdivision.
Consequently, the size and shape of the subject lot are special circumstances applicable to this lot and
not others.
The subject lot has a 25-foot OHWM setback on the west and on the north (see Table 4-3-090D7a and
note 3). The consequence of the double shoreline and the mandatory 25-foot setback is to limit
development of this lawfully created property on two sides. No other lots within the vicinity and under
the same Lake Washington Shoreline Environmental Designation (SED) have a shoreline on two sides of
their lot.
If the 25-foot front yard, rear yard, and north side yard requirements were applied, the Asdourian lot
would be left with a small square in the southeast corner five feet north of the southern property line.
As discussed in the Residential Comparison section of PN Asdourian House Remodel Narrative, Section
1.D, the City of Renton has issued building permits that allow single-family dwellings to substantially
encroach on their respective side yards and the front yards. Therefore, strict application of the zoning
code standards relating to front and side yard setbacks will deprive the Owner of the right to add a
garage to the eastern end of the property, a right and privilege enjoyed by other property owners in the
vicinity and under identical zone classifications.
Building stories.
The wall plate height of the existing two-story dwelling is 16 feet 3-1/2 inches. The Applicant proposes to
increase the wall plate height to 24 feet per the Residential Building Height Guidelines. (See Figure J.3
Sheet A1.1, Building Elevation). The wall plate height will not require a variance but adding a partial third
story will. The Applicant incorporates the discussion above. The practical difficulties, unnecessary
hardship, and special circumstances, as well as the privileges enjoyed by other property owners, are
discussed above.
1 Jackson, M. (2005). Embodied Energy and Historic Preservation: A Needed Reassessment. <i>APT Bulletin: The
Journal of Preservation Technology,</i> <i>36</i>(4), 47-52. Retrieved from
http://www.jstor.org/stable/40003163
J_ Justification_Administrative_and_Shoreline_Variances_Amended_9-13-21 5
Figure J.3 Sheet A1.1, Building Elevation
As discussed in PN_Asdourian House Remodel, Residential Comparison section, the City of Renton has
issued building permits which allow other single-family dwellings to substantially increase the height of
existing or new single-family dwellings.
As demonstrated in detail above, the existing dwelling cannot expand outward, there is simply nowhere
to go but up. As shown in the Residential Comparison section, the majority of houses east of Lake
Washington Blvd in the R-6 zone are substantially larger than the subject dwelling, and not only because
of their larger lots, but in height and relation to the property boundaries too. Adding a garage on existing
impervious surface area and increasing the building height will be in keeping with building activity within
the immediate vicinity. The partial story increase will be consistent with other city-approved permits and
the character of the surrounding homes.
b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity and zone in which subject property is situated;
RESPONSE
The historic Lake Washington Garden of Eden No 2 plat created lots that were 20 feet wide. Over time
these narrow lots combined with adjacent lots to create a buildable area. These combinations are as
J_ Justification_Administrative_and_Shoreline_Variances_Amended_9-13-21 6
small as two lots combined to five combined lots. The subject lot, # 0070, is a combination of two lots,
#14 and #15 and is one of the narrowest lots east of Lake Washington Blvd. (By comparison, the adjacent
lot to the north (#0011) is a combination of five lots and the adjacent lot to the south (#0080) is a
combination of four ancient lots.) Despite having more area to work with, these lots have still been
afforded the right to expand beyond the scope of the regulations considered in these variance requests.
With regard to the setbacks and height, the granting of the requested variances is not anticipated to have
any detrimental effect to the public welfare or neighboring properties. Multiple neighboring property
owners have written in to support the Asdourians’ proposal.
The Asdourians recognize that one property owner has written to express concern about their view of
Lake Washington. (Note the view orientation of the house in question face North not East towards the
Asdourian home. ) The Asdourians prepared a view analysis to submit with their proposal. (See RS
Asdourian View Analysis Narrative 5-5-21 and RS Asdourian View Analysis Figures 5-5-21). The currently
proposed partial story addition will have a drastically lower impact than what is evaluated in the view
analysis, which already concluded the impact would be minor. The revised building design has a
maximum wall plate height of 24 feet and a maximum roof peak of 30 feet. The flat roof has been
replaced with a peak roof with two dormers.
The net effect of the revised building design is to reduce the potential visual obstruction of Lake
Washington as seen from upland properties. This is because of the significant elevation drop from more
landward properties, the wide King County railroad and Lake Washington Blvd. right-of-way, and the
presence of large shrubs and power lines between the private homes to the east and the Asdourian
house. Whatever minimal visual impact the remodeled house might create, it is a far cry from being
materially detrimental to the public welfare. The letters of support in the record show that adjacent
neighbors do not believe the remodel will injury their property.
c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other
properties in the vicinity and zone in which the subject property is situated;
RESPONSE
As shown in the Residential Comparison section, many of the houses east of Lake Washington Blvd in the
R-6 zone substantially encroach into applicable setback areas. Because of the very narrow public access
into the subdivision, a substantial majority of the dwellings in the immediate vicinity encroach into the
front yard setback, if not beyond their boundaries of record. The same is true for the height of nearby
homes, most of which are at least three stories, some including a basement level that is not available to
this property because of the grade and proximity to the water on two sides. The Asdourians are not
asking for a special privilege. Quite the opposite, the Asdourians are merely asking for the same setback
and height privileges that other property owners in the vicinity and zone enjoy.
d. That the approval is a minimum variance that will accomplish the desired purpose.
RESPONSE
As discussed above, there is virtually no reasonable use of the property without a variance. In an effort to
minimize the required variances, the Asdourians have, in all possible cases, imposed upon themselves the
minimum allowed building requirements. For instance, the garage they are requesting to add landward of
the existing home will not be expansive, with room for storage or a children’s play area. The Asdourians
are also not seeking high, luxurious ceilings in any of their stories.
J_ Justification_Administrative_and_Shoreline_Variances_Amended_9-13-21 7
The proposed garage setbacks are dictated by a minimum necessary garage area. The requirement for all
forms of accessibility, including wheelchair access from the rear and side of the vehicle, requires
maximizing open-area garage space, which the conceptual design minimally achieves.
Figure J.4 Sheet A2, #D Views
The proposed two-thirds story on top of the landward end of the home is the minimum necessary
variance to accommodate for the severely restrictive setbacks on all sides. The ceiling height in the first
story is not altered. One foot is added to the second story ceiling height. The partial third story floor to
ceiling height will vary from 5 feet at North and South wall lines to 10 feet at the interior ridge, depending
on roof and floor structural system, i.e., the overall Max Roof Height will not exceed the required 30 feet.
From the existing second story plate line at 16 feet 3-1/2inchs, the new wall plate height will be raised to
24 feet, an increase of 7 feet 8-1/2”, not exceeding the max 24-foot wall plate in the R-6 zone. The
proposed height necessarily allows for flexibility at the time of actual structural member sizing, and it will
achieve the minimum necessary variance.
The view angle of the two-thirds story at the rear of the home likely will not overshadow the second
story, which will protrude further waterward, and from the high angle of the hill behind, onlookers will
not be deprived of views because of the upper story addition. This demonstrates that it is indeed the
minimum necessary variance to accomplish the desired purpose, which is to have a modern livable home
fit for a family, in a time when many of us work from home and require more space to do so, and where
this home is surrounded by similar or larger structures.
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SHORELINE VARIANCE
RMC 4-9-190.I
2.b. Variances: The Hearing Examiner shall have authority to grant conditional use permits and variances in the
administration of the Renton Shoreline Master Program.
4. VARIANCES
a. Purpose: The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or
performance standards set forth in the Shoreline Master Program where there are extraordinary circumstances
relating to the physical character or configuration of property such that the strict implementation of the master
program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020.
Description of variances from Renton Shoreline Master Program (SMP) Table 4-3-090D7a:
1. Setbacks.
The front, rear and side yard setbacks in the Shoreline Bulk Standards, Table 4-3-090D7a, are dictated
by the underlying zoning discussed above in the administrative variance section. However, because
the Asdourian lot is less than 100 feet in depth, and in accordance with Table 4-3-090D7a note 3, a
minimum 25-foot setback from the ordinary high water mark (OHWM) applies to the rear and north
side yards. The 25-feet is calculated by adding the required 10-foot vegetative buffer and the 15-foot
building setback from that buffer in note 3. The existing home is legally nonconforming as to every
setback requirement, on all sides, because of the restrictive size and shape of the Asdourian lot. The
Applicant is proposing to increase the building height within these setbacks, and add a garage
landward of the existing home, within the side and front yard setbacks. However, the Applicant is not
requesting to increase the building height above the maximum height allowed in the Renton SMP,
which is 35 feet. The final height of all aspects of the finished building will be less than maximum 35-
feet and consistent with the Renton Residential Building Height Guidelines.
2. Coverage Standards.
Lot Coverage for Buildings. The descriptions of the narrow width of this lot, being less than the
minimum, and proximity of water on both sides, demonstrate why this lot is also nonconforming as
to lot coverage. The entire home is within 100 feet, but really more like 15 feet, of the OHWM. Under
Table 4-3-090D7a, the maximum allowed lot coverage of buildings is 25%, measured as landward of
the 10-foot vegetative buffer and within 100 feet of the OHWM. The only building coverage that is
being added is the garage landward of the existing home.
Impervious Surface Area. Under Table 4-3-090D7a, the maximum impervious surface is 50%,
measured as landward of the buffer and within 100 feet of the OHWM. The existing site development
exceeds this. However, the proposed construction will not result in an increase of impervious surface.
The dwelling will rise from within the existing footprint and the garage will be constructed on an area
already covered by concrete. Therefore, the Applicant is not applying for a new variance to the 50%
maximum impervious surface requirement. This note is included to address the existing legal
nonconforming aspect of the project.
The shoreline variance approval criteria are discussed below in response to RMC 4-9-190 and WAC 173-
27-170.
J_ Justification_Administrative_and_Shoreline_Variances_Amended_9-13-21 9
b. Decision Criteria: Variance permits should be granted in circumstances where denial of the permit would result in a
thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that
extraordinary circumstances shall be shown, and the public interest shall suffer no substantial detrimental effect.
RESPONSE
RCW 90.58.020 recognizes that unrestricted construction on the privately owned shorelines of the state
is not in the best public interest and, at the same time, recognizes that protecting private property rights
is consistent with the public interest. The state legislation requires planning for and fostering all
“reasonable and appropriate uses.” The state policy is designed to ensure the development of shorelines
in a manner that will promote and enhance the public interest. State policy contemplates protecting
against adverse effects to the public health, the land, and its vegetation and wildlife.
Single-family residential uses are a priority on the shoreline under the Renton Shoreline Master Program.
The Renton SMP established a Single-Family Shoreline Environmental Designation (SED). (RMC 4-3-
090C.3) The Renton SMP allows single family residential use when the development is consistent with
the Renton Comprehensive Plan and Zoning Code and when residential structures provide setbacks and
buffers consistent with Table 4-3-090D7a – Shoreline Bulk Standards, or as modified by an approved
variance. RMC 4-3-090D.9. By creating a single-family SED, the city of Renton has identified a reasonable
and appropriate use within the Shoreline jurisdiction that both enhances the public interest and protects
private property rights.
Specific Asdourian Property Considerations. The Asdourian property is uniquely bounded on two sides by
the proximity of the shoreline. The historic Lake Washington Garden of Eden No 2 plat created lots that
were 20 feet wide. Over time these narrow lots combined with adjacent lots to create a buildable area.
These combinations are as small as two lots combined to five combined lots. The subject lot, #0070, is a
combination of two lots, #14 and #15 and is one of the narrowest lots east of Lake Washington Blvd., at
its max only 51-feet wide, which is less than the 60-foot minimum for new lots in the R-6 zone. This is
why applying bulk and dimensional standards designed for newer, larger lots demonstrates these are
extraordinary circumstances.
i. Variance permits for development and/or uses that will be located landward of the ordinary high water mark
(OHWM), as defined in RCW 90.58.030(2)(c), and/or landward of any wetland as defined in RCW 90.58.030(2)(h),
may be authorized provided the applicant can demonstrate all of the following:
*These are the same five criteria enumerated under WAC 173-27-170(2) and will serve as the same answer.
RESPONSE
The proposed improvements are all landward from the OHWM.
(a) That the strict application of the bulk, dimensional or performance standards set forth in the applicable master
program precludes, or significantly interferes with, reasonable use of the property;
RESPONSE
As described in detail above, strict application of the bulk, dimensional and performance standards to the
Asdourian property would leave a small developable space, 25 feet from the east, north, and west edges
and five feet from the south. This would leave enough room for a shed, but not a home. The Asdourians
submit that this would preclude reasonable use of the property.
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The Washington Supreme Court has held that reasonable use of a property depends, to some extent, on
the expectations of the property owner at the time of purchase of the property, and that the size,
location, and physical attributes of a piece of property are relevant when deciding what is a reasonable
use of a particular parcel of land. Buechel v. State Dep't of Ecology, 125 Wn.2d 196, 209 (1994). The
Shoreline Hearings Board has also previously held that what is a reasonable use is based on an objective
standard, not the desires of a particular applicant. Butler v. Ferry County and Department of Ecology, SHB
No. 07-029 (March 21, 2008). The applicant meets all of these standards, because the property was
purchased for single family residential use, the size of the lot is restricted more than normal, the location
(surrounded on two sides by water), and other physical attributes as discussed above, preclude any
possible use of the property for a home if subjected to strict application of the applicable bulk,
dimension, or performance standards. This cannot be denied and is entirely objective, not based on the
desires of the applicant.
The existing home on the property dates to the early 1970s and requires updating, particularly in light of
Mr. Asdourian’s future ADA accommodation requirements (which are not unique to Mr. Asdourian, as
millions of Americans suffer from physically debilitating disabilities). Argument that the Asdourians
should be content with the existing home that has outlived its versatility, or at least, it will in the next
several years, is short-sighted. This is why the Asdourians are seeking to remodel their home into a
modern, livable space, that can accommodate their anticipated needs. It is not possible to make
reasonable use of the Asdourian property while also complying with the requirements of the SMP.
RCW 90.58.030 and WAC 173-27-030 do not define reasonable use in the context of shoreline
regulations. In the Renton SMP, RMC 4-3-090D.2.c.iii(c) addresses the concept of “reasonable use” solely
within the context of critical area regulations, “Within the shoreline jurisdiction, reasonable use is
demonstrated through the shoreline variance.” RMC 4-11-180, Definition R, defines reasonable use as, “A
legal concept that has been articulated by federal and state courts in regulatory takings issues.”
The reasonable use of the property includes the right to use the property for single-family dwelling in the
R-6 zone, and within the Single-Family Residential SED. Reasonable use can also be defined as the right
to use the single-family lot to the same degree as other owners in the vicinity enjoy.
The applicable bulk, dimensional or performance standards are provided in RMC Table 4-3-090D7a –
Shoreline Bulk Standards. Within the Single-Family SED:
Setbacks are “Governed by underlying zoning in chapter 4-2 RMC except in cases where specific
shoreline performance standards provide otherwise. A zoning variance from the front and side
yard standards may be granted administratively if needed to meet the established shoreline
buffer or setback from OHWM, as specified in this Section and if the variance criteria of RMC 4-9-
250 are met.”
Lot Coverage for Buildings Landward of the Buffer and within 100 ft. of OHWM – Maximum is
25%.
Neither of these criteria can be met and maintain reasonable use of the property. There are simply too
many setbacks, that are too large, and coming in from too many sides. As discussed in detail above, the
home is aging and will need a remodel or a complete teardown within several years. It is not necessary to
commission a study to prove that homes on the shoreline are subjected to more adverse weather
conditions that those surrounded by trees and other development. Modern materials hold up longer
than those from the 1970s, which many are loathe to disturb because they could contain asbestos. There
are two choices, remodel this home, or tear it down and build a new home. The path this applicant has
chosen is the least disruptive. Were they to tear down and start from scratch, the applicant believes the
J_ Justification_Administrative_and_Shoreline_Variances_Amended_9-13-21 11
proposal they are making would be acceptable, especially after touring the neighborhood. In order to
avoid impacts to the shoreline, or extend further waterward, the only option for the Asdourians is to go
up. Their proposal adds only the minimum amount of height possible, a two-thirds story, while
accommodating the specific limitations of their site. However, as stated above they will not exceed the
35-foot maximum height called for in the SMP. The only reason a variance is required for setbacks is
because the home already does not comply, and the need to add a garage, which is discussed further
below.
For the most part, the Asdourians will stay within the existing footprint of their home and not extend
further into the setbacks. The only place the Asdourians seek to extend their footprint is landward of the
OHWM, and only to build a garage.
The Asdourians currently do not have a garage. Under the WAC 173-27-040(2)(g): “’Single-family
residence’ means a detached dwelling designed for and occupied by one family including those structures
and developments within a contiguous ownership which are a normal appurtenance.” One example of an
“appurtenance” is a garage. Id. This means garages are “necessarily connected to the use and enjoyment
of a single-family residence” and this garage will be “located landward of the ordinary high water mark.”
Thus, under ordinary circumstances, the addition of this garage would be exempt from a shoreline
substantial development permit. This is evidence that, in seeking to have a garage, the Asdourians are
not overreaching.
The Asdourians home already exceeds the 25% lot coverage requirement. Solely due to the garage, the
Asdourians are proposing to add two minor building extensions eastward, a 100 foot addition and a 262
foot addition landward of the OHWM. They believe this is reasonable to allow them a garage.
(b) That the hardship is specifically related to the property, and is the result of unique conditions such as irregular lot
shape, size, or natural features and the application of the master program, and not, for example, from deed
restrictions or the applicant's own actions;
RESPONSE
The subject lot does not meet the minimum lot width in the R-6 zone. The eastern end of the property is
25 feet shorter than 85% of the residential lots west of Lake Washington Blvd. in the vicinity. No other lot
within this region of the Garden of Eden No 2 plat has an OHWM along two sides of the property. The
irregular lot shape and natural features are specifically related to the subject property and are not the
result of the Applicant or Owner’s own actions. Application of the SMP to this lot results in substantial
and unique hardships from unique, lot-specific conditions.
(c) That the design of the project is compatible with other authorized uses within the area and with uses planned for
the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the
shoreline environment;
RESPONSE
The area is zoned R-6, which provides for single-family dwellings. Houses west of Lake Washington Blvd in
the vicinity maximize their footprint and many are three stories tall. The proposed remodel of the
existing house is compatible with other authorized uses in the area. The proposal will not add any
impervious surface area within the property because the garage will be built on existing concrete. Within
the 25-foot OHWM setback, the remodeled dwelling will rely exclusively on the existing footprint. There
J_ Justification_Administrative_and_Shoreline_Variances_Amended_9-13-21 12
will be no construction of new impervious surface waterward of the 25-foot setback. Therefore, the
proposed remodel will not cause adverse impacts to the shoreline environment.
(d) That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area;
RESPONSE
As demonstrated in the Residential Comparison section 1.D in file PN Asdourian House Remodel Project
Narrative, many dwellings within the immediate area maximize lot coverage and have three story homes
within applicable setbacks. The Asdourians are not requesting a grant of special privilege the City has
withheld from other properties in the area. Some examples include:
(e) That the variance requested is the minimum necessary to afford relief;
RESPONSE
Wherever practical, the proposal complies with current regulations. Wherever necessary, the proposal
incorporates the minimum possible variance to achieve a measured balance between strict compliance
and reasonable use of the property. For instance, the proposal will not exceed the maximum height
allowed in the SMP, 35 feet. The addition of a two-third story within the setback does not explicitly
increase the scope of the existing nonconformance, and it is necessary to afford relief from what is
already a severely restricted building site and a severely restricted home size for the R-6 zone. As
discussed above, the applicant is faced with completely tearing down the existing home or remodeling it
within the next several years. While it may be argued that the existing home size is fine, has served its
prior occupants well, and the property’s constraints do not justify an increase in size, this ignores several
important factors, discussed below.
1. Families require more space than ever before. Just before the pandemic began, the Pew Research
Center released a report that, for the first time in over 160 years, the average number of habitants in U.S.
households was increasing.2 Many of us are familiar with the downward trend of individual couples
having four or eight children, stemming from the decline of the American family farm. As generations of
Americans migrated to the city, and cities became more expense and dense, it has become increasingly
difficult for children to move out and start their own families. Critically, and as a direct result of the cost
of new homes in markets like ours, a growing share of the population lives in multigenerational
households. Id. The homes built in the 1970s may have accommodated an urban family, with one or two
children, who graduate and move on to their own careers, which provide income for their own home
purchases. The same is not true today, and to conclude that a home constructed in the 1970s is adequate
for a modern American family is not practical.
2 https://www.pewresearch.org/fact-tank/2019/10/01/the-number-of-people-in-the-average-u-s-household-is-
going-up-for-the-first-time-in-over-160-years/
J_ Justification_Administrative_and_Shoreline_Variances_Amended_9-13-21 13
Today, the center of American life is no longer balanced between the workplace and the home. The
home is as much a workplace at the office used to be, and this includes children as well. Seven in ten
workers who say their jobs can mostly be done from home say they are teleworking all or most of the
time.3 We are witnessing an exodus from Downtown Seattle as commercial towers scramble to keep
tenants and white-collar workers flee to ever-more remote environments. Most significantly, these are
not pandemic-specific factors, as the news tells us workers are quitting their jobs rather than returning to
the office and a majority who say their job can be done from home say they’d like to work remotely all or
most of the time post-pandemic. Id. For obvious reasons, working from home requires more space in the
home, unless everyone is bunched around the dining room table, which is problematic for anyone who
has to speak while working or who may have privilege concerns.
As further evidence that the 1970s home is simply too small, a staggering 52% of young adults are living
with their parents, the highest rate since the Great Depression.4 This includes young adults attending
college irrespective of the pandemic, either because campuses are closed or education costs are too
high. So, not only are modern homes expected to accommodate home-offices for mom and dad, but
children also often stay longer than they did before, meaning that modern homes simply must have more
space inside. This is a trend that can be seen throughout the region and the United States, simply by
driving down the road.
Expecting modern families to live within the confines of 1970s “urban” homes, designed and built for one
couple up to two children who will leave at age 18, is no longer practical. The applicant is not asking for a
variance ‘just because’ or to suit the applicant’s individual needs. The applicant is requesting a variance
because this property is unique, is surrounded by other homes that are allowed to have the same
features requested here, and because the current home is simply not capable of housing a modern
American family.
The proposed ceiling height is the minimum within the conceptual design proposed. The ceiling height of
the first story is not altered. A foot is added to the second story ceiling height creating nine foot height,
depending on structural requirements. The third story floor to ceiling height will vary from 5 feet at North
and South wall lines to 10 feet at the interior ridge, depending of roof and floor structural system, i.e. the
overall Max Roof Height will not exceed the required 30 foot. This is not a complete story addition, it is
equivalent to an improved attic, with corners that require the occupant to crouch down at its edges.
Many modern homes have square edges and rooftops, maximizing the interior square footage as, at least
in the urban environments, interior space becomes more important and valuable than exterior space, as
discussed above.
From the existing second story plate line at 16 feet 3-1/2inchs, the new wall plate height will be raised to
24 feet, an increase of 7 feet 8-1/2”, not exceeding the max 24-foot wall plate in the R-6 zone. The
proposed height necessarily allows for flexibility at the time of actual structural member sizing, and it will
achieve the minimum necessary variance, consistent with the Renton Residential Building Height
Guideline.
Garages are a specifically allowed appurtenance to single family uses, and the existing home does not
have one. The proposed garage setbacks are dictated by a minimum reasonable garage area.
Additionally, the requirement for all forms of accessibility, including wheelchair access from the rear and
3 https://www.pewresearch.org/social-trends/2020/12/09/how-the-coronavirus-outbreak-has-and-hasnt-
changed-the-way-americans-work/
4 https://www.pewresearch.org/fact-tank/2020/09/04/a-majority-of-young-adults-in-the-u-s-live-with-their-
parents-for-the-first-time-since-the-great-depression/
J_ Justification_Administrative_and_Shoreline_Variances_Amended_9-13-21 14
side of the vehicle, requires maximizing the garage open space, which the conceptual design minimally
achieves.
(f) That the public interest will suffer no substantial detrimental effect.
RESPONSE
The proposed use is an allowed use in the Single-Family SED. Remodeling the dwelling for continued
single family use is consistent with the public interest in the SED. The remodeled structure will not
encroach waterward of the existing footprint. No soil disturbance is proposed within the 25-foot OHWM
setback. The additional height will not exceed the 35-foot SMP height limitation. The building will be no
taller than the adjacent dwellings to the north and south. There are no houses between the subject
property and the eastern right-of-way of Lake Washington Blvd. Houses east of the Boulevard are
situated on elevated ground. As demonstrated in the View Analysis, the proposed building height will not
materially obstruct views from dwellings east of Lake Washington Blvd, and with the modifications since
the view analysis was conducted, any impact will be drastically reduced. Therefore, the public interest
will not suffer a substantial detrimental effect for granting the requested variances.
ii. Variance permits for development and/or uses that will be located waterward of the OHWM, as defined in RCW
90.58.030(2)(c), or within any wetland as defined in RCW 90.58.030(2)(h), may be authorized provided the applicant
can demonstrate all of the following:
RESPONSE
The proposed improvements are all upland from the OHWM.
WAC 173-27-170(4): In the granting of all variance permits, consideration shall be given to the cumulative impact of
additional requests for like actions in the area. For example if variances were granted to other developments and/or
uses in the area where similar circumstances exist the total of the variances shall also remain consistent with the
policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment.
As discussed in detail above, and in the Residential Comparison, many other homes already maximize or
exceed their footprint and have three stories. No cumulative impact from these other homes has
materialized, in particular because of the large King County railroad/Lake Washington Blvd. right of way
between this row of homes and the nearest upland/eastward homes, which have a significant elevation
difference. There will be no adverse effect to the shoreline environment, let alone a substantial one.
The use proposed by the Asdourians and those of their neighbors do not interfere with the rights of the
public in the navigable water, and strikes the right balance between public and private interests. If every
home on the same street were allowed to develop the same, it would still be consistent with, and uphold
the meaning and intent, of the policies of RCW 90.58.020.
CONCLUSION
The applicant has demonstrated compliance with the applicable administrative and shoreline variance
approval criteria, and the Asdourians respectfully request that the variances are granted.