HomeMy WebLinkAbout05-05-2021 - Jurgens email with attached Administrative DecisionMay 4, 2021
Mr. Steve Jurgens
2301 Jones Avenue NE
Renton, WA 98290
Via: sjurgens22@gmail.com
SUBJECT: Request for Exemption from Frontage Improvements along Jones Avenue NE
(Jurgens Single-Family Addition, LUA20-000006, 2301 Jones Avenue NE)
Dear Mr. Jurgens:
The City of Renton has reviewed your request for an exemption from the Renton Municipal Code (RMC) 4-6-060,
Street Standards, which requires street improvements for the length of the property fronting City right-of-way
(ROW) on Jones Avenue NE, a Residential Street. More specifically, the City Code requires that half street
improvements be provided with a minimum pavement width of 26 feet, a 0.5 -foot curb, an 8-foot planting strip,
a 5-foot sidewalk, street trees, and storm drainage improvements.
The submitted proposed improvements to the property include a 3,406 square foot 2-story addition to an existing
1,824 square foot home.
ANALYSIS: The City has considered the request for an exemption from the City’s Street Standards identified in
RMC 4-6-060. The applicant is proposing the construction of a single-family home addition without having to
provide street improvements. The Applicant has cited RMC 4-6-060(D)(3), which states that a project is exempt
from the requirements of the section of RMC “if demonstrated as necessary to mitigate an extreme hardship not
caused by the requestor.”
The applicant contends that constructing the required frontage improvements would result in an extreme
hardship due to the difference between the fee-in-lieu amount to be collected and the anticipated cost of the
improvements as calculated by the applicant. The applicant incorrectly assumes that the fee-in-lieu amount
defined in the City’s Fee Schedule is equal to the cost of constructing these improvements as calculated by the
City. The applicant’s justification is a misinterpretation of both the intended purpose of offering the fee-in-lieu
option (i.e. when is it permitted) and the method to which the set fee-in-lieu of amount was determined. The
following briefly provides background of the fee-in-lieu of required street improvements:
1.Purpose (i.e. When is it Permitted): The purpose of the offering the fee-in-lieu of option, as defined by 4-
9-060(C)(9), is to avoid circumstances where:
Mr. Steve Jurgens
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May 4, 2021
a.Frontage improvements where there are no other improvements in the area or will not be needed
in the next five (5) years; or
b.Installation of the required improvement would require substantial off-site roadway
modifications; or
c.The Administrator determines that installation of the required improvement would result in a
safety hazard; or
d.Other unusual circumstances preclude the construction of the improvements as required.
2.How the Fee Was Determined: The City offers a reduced fee-in-lieu amount compared to the estimated
cost of construction in order to incentivize applicants to pay the fee-in-lieu instead of constructing the
required improvements and avoid undesirable circumstances like those mentioned above, when frontage
improvements are developed in a piecemeal method.
The fee-in-lieu option was never intended to provide a means for determining construction cost for the
improvements and therefore does not reflect the real-world cost of constructing the required improvements.
The purpose of RMC 4-6-060 is to provide a “safe and convenient access and travel for all users including
pedestrians, bicyclists, transit riders, and people of all ages and abilities…” which is in line with the City’s mission
to provide a pedestrian-oriented and accessible community as defined under City of Renton Comprehensive Plan
Element T-1. There is an existing 5-foot sidewalk along the east side of Jones Avenue NE as well as a planter strip
and 5-foot sidewalk immediate north of the property. Extending the sidewalk along the property frontage will
expand the walkable connections along Jones Avenue NE. In addition, the requirement to construct frontage
improvements has been consistently applied by the City in accordance with City Code for similar single-family
home additions, property dimensions, similar surrounding areas, and where the properties are directly adjacent
or within a reasonable distance to existing sidewalks.
While financial needs alone do not constitute a hardship, the City understands that constructing the required
minimum street section would necessitate the need to extend an existing storm water culvert to the west
impacting the adjacent stream and potentially requiring permits from State and Federal Agencies. To avoid this
impact and additional permitting, the City is supportive of a modification to the City’s Street Standards to avoid
the impact to the stream while keeping with the City’s mission for a pedestrian-oriented and accessible
community.
DECISION: The requested exemption from frontage improvements of RMC 4-6-060 by the applicant is denied, as
the request does not comply with the exemption criteria of RMC 4-6-060(D)(3) as described above. However, the
City is in support of a modification reducing the paved width to 22 feet (existing curb to proposed curb), 0.5-foot
curb, and a 5-foot sidewalk along the property frontage crossing the existing storm drainage culvert to avoid
impacts to the critical area, reducing any hardship not caused by the requestor. Please see the enclosed exhibit
for an illustration of the City supported modified street section.
This decision to deny the exemption is subject to a fourteen (14) day appeal period from the date of this letter per
RMC 4-8-110. Any appeals of the administrative decision must be filed with the City Clerk, along with the
required appeal fee, by 5:00 pm, May 18, 2021. Due to Governor Jay Inslee’s Proclamation 20-25 (“Stay Home,
Stay Healthy”), the City Clerk’s Office is working remotely. For that reason, appeals must be submitted
electronically to the City Clerk at cityclerk@rentonwa.gov. The appeal fee, normally due at the time an appeal is
submitted, will be collected at a future date. Appeals to the Hearing Examiner are governed by RMC 4-8-110
and additional
Mr. Steve Jurgens
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May 4, 2021
information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov.
If the situation changes such that the City Clerk’s Office is open when you file your appeal, you have the option of
filing the appeal in person.
Sincerely,
C.E. “Chip” Vincent
CED Administrator
Enclosures: RMC 4-6-060 Exemption Request from Applicant
City Supported Modified Street Section
cc: Vanessa Dolbee, Planning Director
Brianne Bannwarth, Development Engineering Manager
Matt Herrera, Interim Current Planning Manager
Rob Shuey, Building Official
Justin Johnson, Asst. Development Engineering Manager
Melissa Kamphaus, Permit Center Manager
Alex Morganroth, Senior Planner
Scott Warlick, Engineering Specialist III