HomeMy WebLinkAboutHue ADU CUPDEPARTMENT OF COMMUNITY
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ADMINISTRATIVE CONDITIONAL USE PERMIT REPORT & DECISION
A. SUMMARY AND PURPOSE OF REQUEST
REPORT DATE: October 25, 2010
Project Name: Hue Huynh ADU
Owner: Hue T. Huynh
11410 SE Petrovitsky Road
Renton, WA 98055
Contact: Han Phan, PE
PBG, LLC
5730 S 166th Lane
Seatac, WA 98188
File Number: LUA10-036, CU-A
Project Manager: Gerald Wasser, Associate Planner
Project Summary: The applicant is requesting approval of an Administrative Conditional Use
Permit for an Accessory Dwelling Unit (ADU) in association with a single-
family residence on a 38,138 square foot lot in the Residential - 14 dwelling
units per acre zone. The proposed ADU would be in a converted garage
structure. The ADU would have a floor area of 800 square feet, would have
an attached 300 square foot covered patio, and attached decks totaling 384
square feet. The site slopes gently downward from south to north. The
proposed project is Categorically Exempt from SEPA regulations. Access to
the proposed project would be from an existing driveway on SE Petrovitsky
Road.
Project Location: 11410 SE Petrovitsky Road
City of Renton Department of Community & Economic Development Administrative Conditional Use Permit Report & Decision
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B. PROJECT DESCRIPTION/BACKGROUND:
The project site is a 38,138 square foot (0.88 acre) parcel in the Residential - 14 dwelling units per acre
(R-14) zone. The site is currently developed with a single family residence and a detached accessory
structure, part of which was formerly used as a garage. The property slopes gently downward from
south to north. The existing house is located at street level. The existing accessory structure is
located at the end of a driveway to the west of the residence.
On March 10, 2010 a pre-application meeting was conducted for the subject property. At that time
the applicant requested a review for converting an existing garage into an accessory dwelling unit and
a religious institution. A field investigation revealed that the garage had already undergone
conversion and was being used as a religious institution (a Buddhist Temple) and a dwelling for the
Temple’s monk. It was indicated to the applicant if the single-family dwelling is the primary use
requested, the existing single-family dwelling and the dwelling in the converted garage must be clearly
appurtenant to the religious institution and could be used for housing of temple religious leaders. The
applicant was also informed that should the single-family use be the primary use, the religious
institution use would not be permitted on the site and the dwelling unit in the converted garage could
be considered as an accessory dwelling unit if appropriate development and design requirements are
satisfied.
Subsequently, the applicant redesigned the project and on May 20, 2010, submitted an application
requesting approval of an Administrative Conditional Use Permit for an accessory dwelling. The
materials submitted with the application indicate that there would be no religious institution on the
site at project completion.
The applicant currently states that the proposed project would include a detached, 800 square foot
accessory dwelling unit with an attached 300 square foot covered patio and two outdoor decks
(totaling 384 square feet). Because of discrepancies in the applicant’s floor area calculations staff
requested that the applicant provide revised floor plans which indicate that the project complies with
Code requirements for accessory dwelling units and on July 12, 2010 such revisions were submitted. A
review of the revised plans revealed that the floor area calculations were still inaccurate. Staff, again,
requested that the applicant provide revised floor plans which show compliance with the Code
requirements for accessory dwelling units. The applicant submitted such plans. Staff review of these
plans indicate that the calculations for the accessory dwelling unit are based on the measurements
from internal walls and the accessory dwelling unit now complies with the 800 square foot maximum.
Access to the property would remain from a private driveway which takes access from SE Petrovitsky
Road.
C. EXHIBITS:
The following exhibits were entered into the record:
Exhibit 1: Project file (“yellow file”) containing application, proof of posting and publication, and
other documentation pertinent to this request.
City of Renton Department of Community & Economic Development Administrative Conditional Use Permit Report & Decision
HUE HUYNH ADU LUA10-036, CU-A
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Exhibit 2: Site Plan
Exhibit 3: Existing Garage Floor Plan and Proposed Floor Plan
Exhibit 4: Elevations
Exhibit 5: Zoning Map
Exhibit 6: Aerial Photograph
D. FINDINGS:
Having reviewed the written record in the matter, the City now makes and enters the following:
1. Location: The subject site is located at 11410 SE Petrovitsky Road.
2. Governing Code: The regulations for accessory dwelling units are covered under RMC 4-2-
110B and RMC 4-2-115.
3. Conditional Use: The analysis of the proposal according to conditional use permit criteria is
found in the body of the staff report.
4. Request: The applicant has requested approval for an administrative conditional use permit for
an accessory dwelling unit in the R-14 zone (RMC 4-2-060D).
5. Previous Use of Project Site: The site has previously been used as a religious institution. The
applicant has indicated that this use has ceased.
6. Administrative Conditional Use Permit: The applicant's administrative conditional use permit
submittal materials comply with the requirements necessary to process a conditional use
permit for an accessory dwelling if all conditions of approval are complied with. The applicant's
site plan and other project drawings are provided as Exhibits 2 through 6.
7. Existing Land Use: Land uses surrounding the subject site include:
a. North – vacant (R-14 zoning);
b. South – SE Petrovitsky Road and single-family residences (R-8 zoning);
c. East – vacant and single-family residences (R-14 zoning);
d. West – multi-family residences (R-14 zoning).
8. Zoning: The site is located in the Residential – 14 dwelling units per acre (R-14) zone.
9. Topography: The site slopes gently downward to the north.
E. CONSISTENCY WITH CONDITIONAL USE CRITERIA:
RMC 4-9-030G lists 11 criteria that the Reviewing Official is asked to consider, along with all other
relevant information, in making a decision on an Administrative Conditional Use Permit application.
The 11 criteria are:
City of Renton Department of Community & Economic Development Administrative Conditional Use Permit Report & Decision
HUE HUYNH ADU LUA10-036, CU-A
Report of October 25, 2010 Page 4 of 9
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1. The proposed use shall be compatible with the general purpose, goals, objectives and
standards of the Comprehensive Plan, the zoning regulations and any other plan, program,
map or ordinance of the City of Renton.
The R-14 zone, in which the proposed use is located, implements the Residential Medium
Density (RMD) Land Use Designation of the Comprehensive Plan. RMD neighborhoods may
include a variety of unit types designed to incorporate features from both single-family and
multi-family and support cost-efficient housing. Accessory dwelling units are allowed in the R-
14 zone with an approved Administrative Conditional Use Permit. The proposed use would be
compatible with the Comprehensive Plan and zoning regulations. The proposed project meets
the purpose of the Comprehensive Plan Residential Medium Density Land Use Designation
which is intended to create the opportunity for neighborhoods that offer a variety of lot sizes,
housing, and ownership options.
RMC 4-2-080A.7 requires that the property owner shall file an affidavit affirming that the
owner will occupy the principal dwelling or the ADU. Further, this section of the Code requires
that prior to the issuance of building permits; the owner shall record a notice on the property
title. The notice shall bear the notarized signature of all property owners listed on the
property title and include the legal description of the property, a copy of the approved
site/floor plan, and the applicability of the restrictions regarding ADUs in RMC Title IV.
If all conditions of approval are met, the project will be in conformance of zoning regulations.
2. The proposed use constitutes a community need for the proposed location. Community
need factors include, among all other relevant information:
a. The proposed location shall not result in either the detrimental over-concentration of
a particular use within the City or within the immediate area of the proposed use.
The proposed accessory dwelling unit is the first project of its type to be processed in
the City of Renton. The Code allows for 50 accessory dwelling units to be permitted per
year. Therefore, the proposed project would not result in an over-concentration of a
particular use within the City or within the immediate area of the proposed use.
b. That the proposed location is suited for the proposed use.
The project site is a 38,138 square foot lot in the R-14 zone. A detached single-family
house (to remain) currently is located on the subject property. In the R-14 zone one
detached dwelling with one accessory dwelling unit are allowed on each legal lot. The
proposed ADU would be located along the west side property line and behind (north)
the existing dwelling. Because of the size of the subject property the proposed location
is appropriate for the proposed ADU.
3. The proposed use at the proposed location shall not result in substantial or undue adverse
effects on adjacent property. The following site requirements shall be required:
a. Lot coverage in residential districts (SF and MF) shall not exceed 50% of the lot
coverage in the zone in which the proposed use is to be located, except for detached
accessory dwelling units, which shall not be counted toward lot coverage
City of Renton Department of Community & Economic Development Administrative Conditional Use Permit Report & Decision
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calculations. Lot coverage in all other zones shall conform to the requirements of the
zone in which the proposed use is to be located.
The current lot coverage is less than 50% of the 33,138 square foot lot. The 800 square
foot accessory dwelling unit would not be counted toward lot coverage calculations.
b. Yards shall conform to the requirements of the zone in which the proposed use is to
be located. Additions to the structure shall not be allowed in any required yard.
The proposed ADU would occupy an existing structure on the subject site and would
conform to the development standards of the R-14 zone. The side yard setback for
accessory dwelling units in the R-14 zone is 4-feet and rear yard setback is determined
through administrative review. The proposed ADU would be within an existing
structure which is 5-feet from the west side property line, approximately 135-feet from
the east side property line and approximately 85-feet from the rear property line. The
front yard setback in the R-14 zone is 8-feet and the proposed ADU is over 90-feet from
the front property line. Therefore, the proposed project conforms to the R-14 side yard
requirements.
c. Building and structure heights shall conform to the requirements of the zone in which
the proposed use is to be located. Spires, belltowers, public utility antennas or
similar structures may exceed the height requirement upon approval of a variance.
Building heights should be related to surrounding uses in order to allow optimal
sunlight and ventilation, and minimal obstruction of views.
The maximum height for ADUs in the R-14 zone is 30-feet. The proposed ADU structure
would be approximately 8-feet tall and is in conformance with the height restrictions of
the R-14 zone and would be compatible with the residential character of the
surrounding neighborhood.
4. The proposed use shall be compatible with the residential scale and character of the
neighborhood.
The proposed ADU is located on a large lot in the R-14 zone in association with an existing
single-family house. The existing structure where the ADU would be located has a roof pitch of
4:12. The primary dwelling on the project site is faced with brick. Using similar brick facing as
a wainscot on the south façade of the ADU would make this structure more compatible with
the primary dwelling and, therefore, more compatible with the residential scale and character
of the surrounding neighborhood. Staff recommends as a condition of approval that the
applicant shall submit revised elevations which indicate that brick similar to that on the
primary dwelling be used as a wainscot on the south façade of the ADU. The revised
elevations shall be submitted for the review and approval of the Planning Division Project
Manager prior to the issuance of building permits.
5. Parking under the building structure should be encouraged. Lot coverage may be increased
to as much as 75% of the lot coverage requirement of the zone in which the proposed use is
located if all parking is provided underground or within the structure.
City of Renton Department of Community & Economic Development Administrative Conditional Use Permit Report & Decision
HUE HUYNH ADU LUA10-036, CU-A
Report of October 25, 2010 Page 6 of 9
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The proposed ADU and the existing single-family house would be the only structures on the
project site. There is adequate area for the off-street parking of two vehicles on the subject
property and additional lot coverage is not required for the proposed project.
6. Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use and
surrounding area shall be reviewed for potential effects on, and to ensure safe movement in,
the surrounding area.
A pedestrian sidewalk is located along the SE Petrovitsky Road frontage of the subject
property. Vehicular access to the site is currently taken from a driveway on SE Petrovitsky
Road. Pedestrian and vehicular access to the proposed project site will not change as a result
of the proposed project. No significant changes to traffic and circulation patterns of vehicles
and pedestrians relating to the proposed use and surrounding area are anticipated.
7. Potential noise, light and glare impacts shall be evaluated based on the location of the
proposed use on the lot and the location of on-site parking areas, outdoor recreational areas
and refuse storage areas.
The proposed ADU would be oriented toward the east and facing toward the interior of the
project site. Windows on the west facade of the ADU would be limited in number. Any
potential glare would be limited to afternoon hours when the sun is setting. Noise which is
typical of residential uses would be associated with the proposed project; the accessory
dwelling unit is not anticipated to produce noise volumes which would impact the surrounding
neighborhood.
8. Landscaping shall be provided in all areas not occupied by buildings or paving. Additional
landscaping may be required to buffer adjacent properties from potentially adverse effects
of the proposed use.
The proposed accessory dwelling unit is oriented toward the interior of the 38,138 square foot
lot. Existing landscaping exists along the SE Petrovitsky Road frontage and along an existing
north/south oriented driveway. An existing 18-inch multi-trunk cedar tree and an 18-inch
multi-trunk maple tree are located adjacent to the proposed ADU along the east side of the
structure and adjacent to the outdoor decks associated with the structure. A 10-inch apple
tree, a 16-inch and 18-inch cottonwood trees are also located on the project site. Because of
the large lot size it may be impractical to landscape the entire lot. However, staff recommends
as a condition of approval that the applicant submit a landscape plan to the Planning Division
Project Manager for review and approval indicating the planting of shrubs, flowering plants
and additional groundcover in the area of the lot around the ADU to provide seasonal
aesthetic interest prior to the issuance of building permits.
9. Accessory uses to conditional uses such as day schools, auditoriums used for social and sport
activities, health centers, convents, preschool facilities, convalescent homes and others of a
similar nature shall be considered to be separate uses and shall be subject to the provisions
of the use district in which they are located.
City of Renton Department of Community & Economic Development Administrative Conditional Use Permit Report & Decision
HUE HUYNH ADU LUA10-036, CU-A
Report of October 25, 2010 Page 7 of 9
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The proposed use is an accessory dwelling unit which is allowed in the R-14 zone with an
approved Administrative Conditional Use Permit. The proposed ADU would be in compliance
with the Renton Municipal Code if all conditions of approval are complied with.
10. No existing building or structure shall be converted to a conditional use unless such building
or structure complies, or is brought into compliance, with the provisions of Chapter 9 of Title
IV of the Renton Municipal Code.
The proposed ADU would be located within an existing structure. Compliance with Chapter 9
of Title IV of the Renton Municipal Code would be achieved if all conditions of approval are
satisfied.
11. The proposed use and location shall be served by and not impose an undue burden on any
public improvements, facilities, utilities and services. Approval of a conditional use permit
may be conditioned upon the provision and/or guarantee by the applicant of necessary
public improvements, facilities, utilities and/or services.
Police and Fire Department staff indicates that sufficient resources exist to furnish services to
the proposed project, subject to the applicant providing Code required improvements. Any
students generated by the proposed ADU would be accommodated at Renton School District’s
Cascade Elementary School, Nelsen Middle School, and Lindbergh High School. The Renton
School District Impact Fee for each new accessory dwelling unit is $1,258.00 and is payable
prior to the issuance of building permits. The Soos Creek Water and Sewer District would
provide water and sanitary sewer service. Certificates of water and sewer availability were
issued by the Soos Creek Water and Sewer District on April 27, 2010.
F. CONCLUSION:
1. The Administrative Conditional Use Permit would allow the utilization of an existing structure
as an accessory dwelling unit with a floor area of 800 square feet. The ADU is within a former
garage structure. The location of the ADU on the project site is indicated in Exhibit 2 (Site
Plan).
2. The proposed Administrative Conditional Use Permit for an accessory dwelling unit meets the
eleven criteria to be considered in making a decision on a conditional use permit request as
specified in RMC 4-9-030G if all conditions of approval are met.
3. The Administrative Conditional Use Permit complies with the Zoning Code (RMC 4-2-110B and
RMC 4-2-115) and the objectives and policies of the Comprehensive Plan.
4. The proposed Administrative Conditional Use Permit would allow an accessory dwelling unit on
the subject property. The prior use of the property as a religious institution has ceased and the
Administrative Conditional Use Permit does not give approval for the operation of a religious
institution on the project site.
5. Staff recommends approval with conditions based on the analysis contained in the staff report.
City of Renton Department of Community & Economic Development Administrative Conditional Use Permit Report & Decision
HUE HUYNH ADU LUA10-036, CU-A
Report of October 25, 2010 Page 8 of 9
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G. DECISION:
The Administrative Variance(s) for the Hue Huynh Accessory Dwelling Unit , File No. LUA10-036,
CU-A is approved and is subject to the following conditions:
1. The applicant shall submit a landscape plan for the review and approval of the Planning
Division Project Manager which indicates the planting of shrubs, flowering plants and
groundcover in the area of the lot around the accessory dwelling unit to provide seasonal
aesthetic interest prior to the issuance of building permits.
2. The applicant shall submit revised elevations which indicate that brick similar to that on the
primary dwelling is used as a wainscot on the south facade of the ADU. The revised elevations
shall be submitted for the review and approval of the Planning Division Project Manager prior
to the issuance of building permits.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
[Signature on File]
C.E. “Chip” Vincent, Planning Director Date
TRANSMITTED this 25th day of October, 2010 to the Owner/Applicant/Contact:
Hue T. Huynh Han Phan, P.E.
11410 SE Petrovitsky Road PBG, LLC
Renton, WA 98055 5130 S. 166th Lane
Seatac, WA 98188
TRANSMITTED this 25th day of October, 2010 to the Party(ies) of Record:
None
TRANSMITTED this 25th day of October, 2010 to the following:
Neil Watts, Development Services Director
Larry Meckling, Building Official
Kayren Kittrick, Development Services
Fire Marshal
Jennifer Henning, Current Planning
Renton Reporter
Land Use Action Request for Reconsideration, Appeals & Expiration
The administrative land use decision will become final if the decision is not appealed within 14days of
the effective date of decision.
RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that a
decision may be reopened by the Administrator (Decision-maker). The Administrator (Decision-maker)
City of Renton Department of Community & Economic Development Administrative Conditional Use Permit Report & Decision
HUE HUYNH ADU LUA10-036, CU-A
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may modify his decision if material evidence not readily discoverable prior to the original decision is
found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if
the Administrator (Decision-maker) finds sufficient evidence to amend the original decision, there will
be no further extension of the appeal period. Any person wishing to take further action must file a
formal appeal within the 14-day appeal timeframe.
APPEAL: This administrative land use decision will become final if not appealed in writing to the
Hearing Examiner on or before 5:00 PM on November 8, 2010. An appeal of the decision must be
filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the
Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information
regarding the appeal process may be obtained from the Renton City Clerk’s office, Renton City Hall –
7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required fee to: Hearing
Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057.
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.
EXPIRATION: The conditional use permit(s) approval will expire two (2) years from the date of
decision. A one-(1) year extension may be requested pursuant to RMC 4-9-030.O [see also RMC 4-1-
800H and I].
ADVISORY NOTES TO APPLICANT
The following notes are supplemental information provided in conjunction with the administrative
land use action. Because these notes are provided as information only, they are not subject to the
appeal process for the land use actions.
Planning:
1. RMC 4-2-080A.7 requires that the property owner shall file an affidavit affirming that the owner
will occupy the principal dwelling or the ADU. This affidavit shall be submitted to the Planning
Division Project Manager prior to the issuance of building permits.
2. RMC 4-2-080A.7 also requires that prior to the issuance of building permits; the owner shall
record a notice on the property title. The notice shall bear the notarized signature of all property
owners listed on the property title and include the legal description of the property, a copy of the
approved site/floor plan, and the applicability of the restrictions regarding ADUs in RMC Title IV.
Prior to recording of the notice the owner shall submit a copy to the Planning Division Project
Manager for review and approval.
3. Construction activities shall be restricted to the hours between 7:00 am and 8:00 pm, Monday
through Friday. Work on Saturdays shall be between the hours of 9:00 am and 8:00 pm. No work
shall be permitted on Sundays.