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Department of Community and Economic Development
Planning Division
ADMINISTRATIVE CODE INTERPRETATION
ADMINISTRATIVE CODE INTERPRETATION #:
182
MUNICIPAL CODE SECTIONS:
4-9-250, Variances, Waivers, Modifications, and Alternates
REFERENCE:
Ordinance No. 5981, Providing for Relief from Code Standards
SUBJECT:
Permits Waiver Procedures
BACKGROUND:
RMC 4-9-250.C provides for waivers for street improvements. The criteria for
waivers of street improvements were recently revised under Ordinance No.
5981 adopted October 12, 2020, to clarify that a street waiver first and
foremost must ensure that it will not have a negative impact on other
properties and second will have a de minimis effect on public health, safety or
welfare if the improvements were not installed. If these two (2) criteria are
met, a waiver may be granted if the required street improvements would also
harm critical areas, are part of a City project identified in a City’s
Transportation Improvement Program or similar documentation, be infeasible
if constructed due to existing steep slopes, or other criteria as determined by
the Administrator.
As written, the decision criteria for waivers of street improvements could be
interpreted to mean the later criteria beyond the first two do not need to also
be met to receive a waiver of the street improvements. Amending the code
language would clarify the Code and bring it in alignment with the intent of
Ordinance 5981.
DECISION: RMC 4-9-250 C.5. shall be interpreted to clarify the intent of the decision criteria for waiver street improvement.
JUSTIFICATION: RMC 4-9-250.C.5 should be amended to clarify the intent of the Ordinance 5981 waiver criteria established and avoid ambiguity that could lead to misinterpretation of the City Code.
ADMINISTRATOR APPROVAL:
____________________________________ C. E. “Chip” Vincent
CI-182 Page 2 of 2
EFFECTIVE DATE:
BINDING: Under principles of judicial finality, administrative code interpretations that are not timely appealed are binding. This binding decision is a formally adopted interpretation of existing Renton Municipal Code. APPEAL PROCESS:
To appeal this determination, a written appeal accompanied by the required
filing fee must be filed with the City’s Hearing Examiner (1055 South Grady
Way, Renton, WA 98057, 425-430-6551) no more than 14 days from the date
of this decision. Section 4-8-110 of the Renton Municipal Code provides
further information on the appeal process.
SPECIFIED CODE
SECTIONS SHALL BE
READ AS FOLLOWS:
C. WAIVER PROCEDURES: 5. Decision Criteria for Waivers of Street Improvements: Reasonable justification shall be based on criteria “a” and “b” below; and additional justification that may include, but is not limited to, criteria “c” through “e” below:
a. Required street improvements would have a negative impact on
other properties.
b. In no case shall a waiver be granted unless it is shown that there will
be a de minimis effect on the public health, safety or welfare if the
improvements are not installed, and that the improvements are not
needed for current or anticipated development.
c. Required street improvements will alter an existing wetlands or
stream, or have a negative impact on a shoreline’s area.
d. Required improvements will be installed as part of a City project, as
identified in the City’s Transportation Improvement Program or
similar documentation as determined by the Administrator.
e. Existing steep topography would make required street improvements
infeasible. (Ord. 5137, 4-25-2005; Ord. 5981, 10-12-2020)
STAFF CONTACT: Angie Mathias, x6576
DISCLAIMER: Excerpts from the Renton Municipal Code shown below may not contain the most
recently codified text. In such instances, code amendments implemented through this Administrative
Code Interpretation shall be construed to affect the current code and past/future Administrative Code
Interpretations not yet codified in the same manner as shown below. Should any conflicts result, the
Administrator shall determine the effective code.
March 24, 2023