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HomeMy WebLinkAboutCI-167 Department of Community and Economic Development Planning Division ADMINISTRATIVE POLICY/CODE INTERPRETATION ADMINISTRATIVE POLICY/CODE INTERPRETATION #: CI-167 MUNICIPAL CODE SECTIONS: 4-2-110B REFERENCE: CI-96 and Ordinance 5841 SUBJECT: Secondary Front Yards for Residential Accessory Structures BACKGROUND: RMC 4-11-250 defines “yard requirement” as “an open space on a lot unoccupied by structures, unless specifically authorized otherwise.” The definition of “yard requirement” is synonymous with the definition of “setback,” which is defined as “the minimum required distance between the building footprint and the property line and any private access easement or tract.” The definition “yard requirement” furthers defines four different types of yards: front yards, secondary front yards, rear yards, and side yards. “Secondary front yard” is defined as “the yard requirement for corner lots and through lots that serves as a second front yard abutting a street right-of-way, private street, or shared driveway.” RMC 4-2-110, Residential Development Standards, provides the measured distance of the yard requirement/setback for each residential zone and separates the yard requirements by structure type: primary, accessory, and accessory dwelling units. Administrative Code Interpretation #96 (CI-96) removed the requirement of providing a rear yard setback for residentially zoned corner lots and instead required such lots to provide two front yard setbacks and a side yard setback in place of a typical rear yard. While preparing Ordinance 5841 to codify CI-96, among others, staff took the opportunity to replace the term “side yard along a street” with “secondary front yard” as the latter was deemed to be a more easily understood term; however, staff erroneously failed to replace “side yard along street” with “secondary front yard” in RMC 4-2-110.B, Development Standards for Residential Development (Detached Accessory Buildings). Although the subsection on Minimum Setbacks of RMC 4-2-110.B states “setbacks applied to the primary structure also apply to accessory structures,” and a secondary front yard setback standard is provided for each residential zone in RMC 4-2-110.A, Development Standards for Residential Zoning Designations (Primary Structures), there exists some ambiguity as to the applicability of secondary front yard setbacks to accessory structures. DECISION: Amend 4-2-110.B to add the term Secondary Front Yard with the existing Front Yard standards in the setback regulations for residential detached accessory buildings. JUSTIFICATION: Because the legislative intent of CI-96 (as codified by Ord. 5841) was to replace a term with one more easily understood, and staff edited said terminology in each instance except as noted above in RMC 4-2-110.B, it is reasonable to correct staff’s error through an Administrative Code Interpretation pursuant to RMC 4-9- 025. ADMINISTRATOR APPROVAL: _______________________________________ C. E. “Chip” Vincent EFFECTIVE DATE: _______________________________________ 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, 425-430-6515) 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. 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. CODE AMENDMENTS NEEDED TO IMPLEMENT DETERMINATION(S): RMC 4-2-110.B, Development Standards for Residential Development (Detached Accessory Buildings) MINIMUM SETBACKS Front Yard and Secondary Front Yard 4. Allowed Projections into Setbacks: a. Fireplace Structures, Windows: Fireplace structures, bay or garden windows, enclosed stair landings, and similar structures as determined by the Community and Economic Development Administrator may project twenty-four inches (24") into any setback; provided, such projections are: i. Limited to two (2) per facade. ii. Not wider than ten feet (10'). b. Fences, Rockeries, and Retaining Walls: See RMC 4-4-040, Fences, Hedges, and Retaining Walls. c. Steps and Decks: Uncovered steps and decks not exceeding eighteen inches (18") above the finished grade may project to any property line. Uncovered steps and decks having no roof covering and not exceeding forty two inches (42") high may be built within the front yard setback. d. Eaves: Eaves and cornices may project up to twenty four inches (24") into any required setback. e. Porches and Stoops: May project into front setbacks up to eight feet (8') and into side setbacks along a street up to five feet (5'). STAFF CONTACT: Paul Hintz, x7436