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08/02/1988 City CouncilIHESE MINUTES SUISALI IU AUGUST 9, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES AUGUST 2, 1988 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Bill Kasper, Council President Laura Hall Roger Hertrich Jo -Anne Jaech Jack Wilson CONSENT AGENDA ABSENT STAFF Steve Dwyer Mary Lou Block, Planning Div. Mgr. John Nordquist Duane Bowman, Asst. City Planner Jack Weinz, Fire Chief Dan Prinz, Police Chief Peter Hahn, Comm. Svc. Director Bobby Mills, Pub. Wks. Director Bob Alberts, City Engineer Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Items (B) and (H) were removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) AUTHORIZATION TO SELL 1985 KAWASAKI POLICE MOTORCYCLE AT STATE OF WASHINGTON REDISTRIBUTION CENTER IN AUBURN (D) ACCEPTANCE OF QUIT CLAIM DEED FROM VICTORIA AND KENNETH GARL FOR STREET RIGHT-OF-WAY ADJACENT TO 19307 - 86TH AVE. W. �K� a (E) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT FOR ARSON INVESTIGATION BETWEEN SNOHOMISH COUNTY AND CITY OF EDMONDS (F) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER DECISION REGARDING EXISTING DECK AT 9308 - 216TH ST. S.W. (AP-4-88/ V-34-87/SAMIONE) �(G) AUTHORIZATION TO CALL FOR BIDS FOR RENOVATION OF EDMONDS BOYS/GIRLS CLUB (I) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM MR. AND MRS. GUS CHRISTOTHOULOU J) ADOPTED ORDINANCE 2677 AUTHORIZING DRUG ENFORCEMENT FUND (K) AUTHORIZATION FOR MAYOR TO SIGN EASEMENT WITH BURLINGTON NORTHERN RAILROAD COMPANY FOR ot.e ,ci a OCEAN AVE. ��. (L) APPROPRIATION OF FUNDS FOR DECISION DATA INC. CONTRACT ($5,780) APPROVAL OF MINUTES OF JULY 19, 1988 [ITEM (B) ON THE CONSENT AGENDA ouncilmember Hall referred to page 5, paragraph 11, noting that Michael's last name was Hall and not Holland. Councilmember Kasper referred to page 9, paragraph 2, and noted the following correction to the first sentence, Councilmember Kasper was concerned that there is no requirement in the Code to charge thepathway square footage against the lot", omitting the wording, "to reduce the lot size if a pathway is designated which intersects a of". COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE MINUTES AS CORRECT- ED. MOTION CARRIED. PROPOSED ORDINANCE AMENDING COMMUNITY DEVELOPMENT CODE RELATING TO STREET STANDARDS [ITEM (H) pry N THE CONSENT AGENDA ��` *�Councilmember Kasper said he would not support item N4 of Section 2, 18.80.010 because the word- ing in that paragraph was contradictory. Councilmember Hertrich said he contacted the Planning Department and was advised that the ordi- nance could be easily administered so he said he was satisfied with the wording. Councilmember Kasper said he felt the last two sentences in the paragraph should be omitted be- cause they would be confusing to the public. City Attorney Scott Snyder said that paragraph may be confusing to the Council because he changed the structure because as it was written before, Staff were given the ability to make decisions but the provision did not set forth the standard to be imposed. Because the ordinance has been before the Council on numerous occasions, Mr. Snyder said he would appreciate direction from the Council if they wished to amend that section. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO REMOVE THE PROPOSED ORDINANCE FROM CONSIDERATION THAT EVENING AND DISCUSS IT WITH THE PLANNING DEPARTMENT AT A LATER DATE. MOTION CARRIED. INTRODUCTION OF SISTER CITY HEKINAN HIGH SCHOOL VISITORS Mayor Naughten announced that eight students and a teacher arrived in Edmonds last Friday from Edmonds' sister city, Hekinan, Japan. All of the visitors are staying with host families in Edmonds. Mayor Naughten read a proclamation into the record proclaiming August 2nd as "Welcome to Hekinan High School Students Day". Mayor Naughten said he was happy to have the students visit Edmonds. Mayor Naughten introduced Delores Uhlman, Chairman of the Sister City Committee. Ms. Uhlman introduced each student and their host families, as well as English teacher Tatsu Fuji. Mayor Naughten presented each student and Mr. Fuji with a proclamation. Mr. Uhlman thanked all of the host families for their hospitality. Mr. Fuji thanked the Council and the host families for inviting them and hosting their stay. He said he hoped their visit would strenghten the relationship between Edmonds and Hekinan. Mayor Naughten thanked the host families for opening their doors and hearts to the visitors. PRESENTATION OF COMMUNITY SERVICE AWARD TO REID-MIDDLETON & ASSOCIATES, INC. CB�� Mayor Naughten noted that the firm of Reid -Middleton & Associates was founded in 1953 by Jim 4"'4. Reid. The company has conducted business in Edmonds since its inception. Mayor Naughten said 4,�,_7j4446ty Jim Reid and LeRoy Middleton headed the company since 1953 and have recently retired. Mayor Naughten said the firm served as the City's engineers until 1966 when the City established its own Engineering Department. He noted, however, that the firm still acts as consultants to the City. Mayor Naughten introduced Tom Mack, President; John Olsen, Executive Vice President and Director of Engineering; and Ken Reid, Vice President and Director of Marketing. Mayor Naughten presented the Community Service Award to Jim Reid. Mr. Reid expressed his appreciation on behalf of the firm for the award. He said receipt of the award was full of sentiments for him personally. He said he could not express in words how much he appreciated his association with the City and its residents. Mr. Olsen said the firm is looking forward to associating with the City for at least another thirty-five years. Councilmember Hall said she was sorry that the firm moved to Lynnwood.. Ken Reid thanked the founders of the firm for setting the fine example that they have in the community. EDMONDS CITY COUNCIL MINUTES Page 2 AUGUST 2, 1988 Councilmember Kasper thanked Mr. Middleton for the tremendous ,job he and the company have done in the Meadowdale project. AUDIENCE Mayor Naughten opened the audience portion of the hearing. Mike Cooper, 820 Maple Street, reported that several people have died and/or were injured and mac. property has been destroyed in apartment building fires in the last few years around the area. Dn�a� fee-►U' He said the common thread amongst those fires was that a sprinkler system had not been installed T in any one of the buildings. Mr. Cooper said it was his belief that those people and the struc- tures would have had a chance of survival if a sprinkler system had been installed. Mr. Cooper noted that national statistics reveal that sprinkler systems are more than 96% effec- tive and, in many cases, will control fires before the fire department arrives. Mr. Cooper recommended that the City: 1) require sprinkler systems in all new residential con- struction for both single family and multiple family dwelling units; 2) strengthen the Code for commercial establishments; and 3) join with other municipalities at the County and State level to strengthen the Uniform Fire Code and sprinkler ordinances. Councilmember Hertrich said the Public Safety Committee discussed the issue of a sprinkler ordi- nance but not much headway was made. Councilmember Kasper inquired about the newly enacted State fire code. Mayor Naughten said the State has recommended that sprinkler systems be provided for new apartments. He said that code will be presented to the Council for adoption in the near future. Mayor Naughten closed the audience portion of the meeting. HEARING ON HEARING EXAMINER RECOMMENDATION FOR PROPOSED 7 LOT SUBDIVISION IN VICINITY OF 8504. MAPLEWOOD LANE P-3-88/SE W OD HOMES, INC. Planning Division Manager Mary Lou Block reported that on July 7, 1988, the Hearing Examiner held a public hearing on the request of Seawood Homes, Inc. for approval of a proposed 7 lot subdivi- sion at 8504 Maplewood Lane. The Hearing Examiner issued his report on July 28, 1988 recommend- ing approval of the preliminary plat, subject to conditions listed in his report. Ms. Block noted that copies of the Hearing Examiner's report, a vicinity map, and the proposed preliminary plat were included in the Council packets. Ms. Block said it is the recommendation of Staff to adopt the Hearing Examiner's recommendation and grant preliminary approval to the preliminary plat of Seawood Second Addition P-3-88. Ms. Block reviewed the Hearing Examiner's recommendation, noting a correction to Item #1 as fol- lows: "Condition 8 of the Engineering requirements should be modified to allow the applicant to extend a 4 inch water main to the end of the proposed cul-de-sac and install a blow -off valve at the.end of the 4 inch water main". Councilmember Hertrich inquired about the sidewalk. Ms. Block said the sidewalk is to parallel the front of Lot #1 along Maplewood Lane and down into the cul•de-sac. Councilmember Kasper asked who would maintain Tract 100. Assistant City Planner Duane Bowman said Helen M. Weller would. Councilmember Kasper inquired about the street width. Mr. Bowman said it is 18 feet. Councilmember Kasper inquired how tree cutting plans are determined. Ms. Block said trees that are located in a driveway or building pad are automatically allowed to be removed and other selective clearing is appropriate. She said developers are encouraged to maintain some vegetation in order to provide buffering to adjacent properties, as well as to provide a residential atmosphere. Councilmember Kasper said he has observed different tree pat- terns in developments throughout the City. Ms. Block said a tree pattern is determined by what vegetation exists on a lot, i.e., a tree cutting plan is required for lots with significant trees. Councilmember Hertrich inquired if a comprehensive sidewalk plan existed in the area of Maplewood Lane. Ms. Block said sidewalks are required in RS-8 zones, which Maplewood Lane is designated as, and sidewalks are required for any new development that would occur on Maplewood Lane. Coun- cilmember Hertrich inquired if there are sidewalks in the immediate area. Ms. Block replied negatively. Councilmember Hertrich inquired if the right -of' -way along Maplewood Lane was wide enough to accommodate a sidewalk. Ms. Block replied affirmatively. EDMONDS CITY COUNCIL MINUTES Page 3 AUGUST 2, 1988 Councilmember Hertrich inquired about the rationale for eliminating a fire hydrant. Fire Chief Jack Weinz said a fire hydrant is not required for the cul-de-sac because one is located directly across the street. Councilmember Hertrich asked why the water main is being reduced from six to four inches. Mr. Bowman said the Public Works Department was contacted and it was agreed that a four inch service line would be allowed to the end of the cul-de-sac with a blow -off valve be- cause it would meet the water service needs for the plat. Jurgen Sauerland, Lovell-Sauerland & Associates, said a sidewalk is planned along the north- easterly portion of the cul-de-sac which will traverse the north line of Lot #7 and tie into the shoulder that is adjacent to the 22 foot asphalt roadway. He noted that there is adequate right- of-way if the City desires to extend the sidewalk in the future. Mr. Sauerland said he did not feel that tree cutting plans are fairly administered in the City.. He said it would be helpful if the City enacted a tree cutting ordinance which specified what percentage of trees should remain on a lot. Mr. Sauerland pointed out that developers are required, in some instances, to maintain trees that are dangerous. Councilmember Hall inquired if Mr. Sauerland was in disagreement with the tree cutting plan for the proposed subdivision. Mr. Sauerland replied negatively. Mayor Naughten opened the public portion of the hearing. Dave Korpi, 8605 Maplewood Lane, referred to the Hearing Examiner's Finding of Fact #20 in which Mr. Bishop gave testimony regarding public safety. Mr. Korpi said Maplewood Lane is a very narrow and curved road, and he said drivers have a tendency to exceed the speed limit. He noted that contrary to statements made by the Hearing Examiner, traffic counts were not taken on that road. Mr. Korpi recommended that speed bumps and signage be installed on Maplewood Lane to control traffic. Councilmember Hertrich said he was opposed to speed bumps because they could cause a driver to lose control of a vehicle. He inquired what type of signage Mr. Korpi would propose. Mr. Korpi said he would propose signage on 196th and 88th for "Local Access Only" or "Children at Play". Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION AND GRANT PRELIMINARY APPROVAL TO THE PRELIMINARY PLAT OF SEAWOOD SECOND ADDI- TION #P-3-88. Councilmember Hall inquired if the motion included signage. Councilmember Wil- son replied negatively. MOTION CARRIED. City Attorney Scott Snyder pointed out that the Traffic Engineer has the authority to install signage without Council direction. Mayor Naughten recommended that Staff investigate the mat- ter of signage on Maplewood Lane. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING STAFF INTERPRETATION OF SIGN CODE RE- rAnnT— T Ar— C7r\1 ucTFOT I An in 357 A nnctt AMT . c n M rv. c c c ru Y r INC. Planning Division Manager Mary Lou Block reported that the appellants originally appealed the Staff interpretation of the Edmonds Community Development Code (ECDC) Section 20.60.020 (D) re- garding attached sign height. Their appeal sought to overturn the interpretation of Staff that 20.60.020 (D) prohibits attached signs over 14 feet in height. Ms. Block said on June 2, 1988, the Hearing Examiner held a public hearing on the appeal. He issued his decision on June 24, 1988 upholding the Staff interpretation of the Code. Subsequent- ly, the appellants filed an appeal seeking to overturn the Hearing Examiner's decision. Ms. Block noted that a copy of the appeal letter, the Hearing Examiner's report, a memo from. Sara Mack, and copies of pages 225 and 226 of Chapter 20,60.020 of the ECDC were included in the Council packets. Ms. Block said it is Staff's recommendation to uphold the Hearing Examiner's decision and deny the appeal. Ms. Block said the appellants contend that ECDC 20.60.020 (D)(4), and not ECDC 20.60.020 (D)(2), is controlling with respect to a sign attached parallel to the face of a gas station canopy. Ms. Block reviewed 20.60.020 (D)(2) and (4). She said it has always been Staff's interpretation that attached signs shall not exceed 14 feet in height. EDMONDS CITY COUNCIL MINUTES Page 4 AUGUST 2, 1988 Councilmember Hertrich asked what height limit is imposed on free-standing signs in BN zones. Ms. Block replied 14 feet. Mr. Bowman reviewed examples of Staff's interpretation of height, limit restrictions of signs. Sara Mack, Hillis, Clark, Martin & Peterson, 1221 Second Avenue, Seattle, said she submitted a letter to the Council dated July 29, 1988 and requested that it be entered as an exhibit. She said the appellants had nothing further to enter into the record beyond what was contained in the Hearing Examiner's report and that letter. Mayor Naughten opened the public portion of the hearing. Dick Hill, 1242 Coronado Place, said he was opposed to granting of a variance to allow the pro- posed signage. He said the purpose of the sign code was to prevent the proliferation of over- sized and unsightly signs in the City. Mr. Hill said he agreed with Staff's interpretation of j the Code. Finis Tupper, 711 Daley Street, contended that the appeal was not a legitimate appeal because the appellants failed to file the appeal in a timely fashion. He said he spoke with the Mayor, and the Mayor had told him that he spoke with the applicant on April 29 and advised him that a variance was necessary to erect the proposed sign. Mayor Naughten said he did meet with the applicant on that date but could not recall the content of that discussion. Jay Starr, 6251 N.E. 159th, Bothell, said conversation did not take place regarding the necessity of a variance. Walter S. Dastis, 7202 - 172nd Street, said he felt the sign code should be adhered to. He said he supported Mr. Hill's and Mr. Tupper's comments. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DENY THE APPEAL. MOTION CAR- RIED. Because Mr. Tupper raised the issue regarding the appeal period, Mr. Snyder proposed to draft in the Council's Findings wording to the effect that due process requirements in the State of Wash- ington require written notification to commence an appeal period and that an oral communication is 99% of the time held to be insufficient. Councilmember Hertrich said sufficient information was not made available to the Council in order for them to determine whether or not the appeal was filed properly. Mr. Snyder noted that the Hearing Examiner included a Finding which ad- dressed that issue. He suggested that the motion include that the Council uphold the Hearing Examiner's Findings. COUNCILMEMBER HERTRICH SAID HE WOULD INCLUDE WORDING TO UPHOLD THE HEARING EXAMINER'S DECISION AS PART OF THE MOTION. THE SECONDER AGREED. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING VARIANCE TO ALLOW AN ATTACHED SIGN TO EXCEED PERMITTED HEIGHT LIMIT OF 14 FEET FOR GAS PUMP ISLAND CANOPY AT 10119 EDM NDS W Y_ PPEL- LANT: FINIS TUPPER; APPLICANT: TEXACO, INC.j (FILE V-17-88/AP-15-88) Planning Division Manager Mary Lou Block reported that on June 2, 1988, the Hearing Examiner held a public hearing on the request of Texaco, Inc., for a variance to allow the attached sign on their gas canopy at 10119 Edmonds Way to exceed the maximum sign height of 14 feet. The Hearing Examiner issued his report on June 24, 1988 outlining his Findings and Decision granting the j variance request. On July 1, 1988, Finis Tupper filed an appeal seeking to overturn the Hear- ; ing Examiner's decision. Ms. Block noted that a copy of the appeal letter, the Hearing Examiner's decision, a site plan, and the proposed sign elevations were included in the Council packets. Ms. Block reviewed the Hearing Examiner's Decision. She noted that the sign has been approved by the Architectural Design Board. Assistant City Planner Duane Bowman indicated the location of the sign on a plot plan, as well as a rendering of the proposed sign. Councilmember Hertrich inquired about the height and specific types of vehicles that would access the site. Ms. Block said various kinds of vehicles would access the site. Community Services Director Peter Hahn pointed out that overpasses and bridges are typically signed with a 14'6" height clearance. Finis Tupper, 711 Daley Street, said he would like to reserve a few minutes of his time for final comments. EDMONDS CITY COUNCIL MINUTES Page 5 AUGUST 2, 1988 Mr. Tupper said the proposed sign does not meet 20.85.010 (F) in that the sign could be placed below the canopy. He submitted six photographs (marked Exhibit 1) to the City Clerk depicting existing signage for gas stations located within the BN zone in the City that are below the 14 foot limit. City Attorney Scott Snyder requested that Ms. Mack be allowed to review those photo- graphs. Mr. Tupper submitted the exhibit to Ms. Mack. Mr. Tupper pointed out that there are four posts supporting the canopy in question. He said other gas stations in the City in the BN zone place their signage between the posts and they do not conflict with vehicles below 14 feet in height. Mr. Tupper concluded that granting of a variance to locate the sign above the 14 foot height limit is not the minimum necessary in order for Texaco to erect a sign at that particular loca- tion. Sara Mack, Hillis, Clark, Martin & Petersen, 1221 Second Avenue, Seattle, reminded the Council that they are bound by law to consider the record before the Hearing Examiner. Ms. Mack refuted Mr. Tupper's statement that the variance is not the minimum necessary. She referred to Finding #9 of the Hearing Examiner's report which stated, in essence, that it is not possible to place a sign beneath the canopy because it would interfere with the clearance for vehicles. She said there is ample evidence in the record before the Hearing Examiner for him to find that the canopy is a special circumstance. Ms. Mack stated that the proposed sign cannot be located between the canopy posts, as suggested by Mr. Tupper. Ms. Mack pointed out that the photograph submitted by Mr. Tupper of the Chevron station does not show that there is a large sign on the canopy. She said the Chevron station is one block away from the Texaco station. Councilmember Hertrich inquired about the specific height and types of vehicles that will access the site. Ms. Mack stated that the Hearing Examiner's report addressed that issue. Councilmem- ber Hertrich said the Hearing Examiner did not address his question fully. Jay Staff, 6251 N.E. 159th, Bothell, said any motor home can legally be 15'6" high and a boat with a canopy top can be 15'6". He said State law permits any vehicle that is 15'6" high to travel on the highway without an oversize permit. Mr. Starr said most service station canopies range from 14 feet to 16 feet to accommodate larger vehicles. Councilmember Jaech inquired if the sign in question could be located between the canopy posts without interfering with vehicles. Ms. Mack said the sign would not be noticeable from the high- way if it was located between the posts and, thus, would not serve the identification needs of the gas station. Councilmember Jaech inquired if a sign could be erected that would front SR 104. Ms. Mack replied negatively. Mayor Naughten opened the public portion of the hearing. Dick Hill, 1242 Coronado PI., said the sign code was enacted to protect the aesthetic quality of the community. He felt it should be adhered to. He urged the Council to deny the request for a variance. Walter S. Dastis, 7202 - 172nd St. S.W., said he, also, felt the Code should be adhered to. Jeff Palmer, 17510 - 76th Ave. W., said the issue before the Council was the variance and whether the Hearing Examiner properly conducted the hearing. He said any speculation as to whether a sign could be erected at some other location was improper. Mr. Palmer said 20.60.020 (C) states that maximum square footage of a sign is based on the wall containing the main public entrance to a business. He pointed out that it has been determined by Staff that the building on which the sign is proposed to be located is the main public entrance. Mr. Palmer said the variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning and is supported by the Hearing Examiner's Finding #9. Mr. Tupper pointed out that the proceeding before the Council was a de novo hearing and that citizens are given every opportunity to present evidence to the Council. Mr. Tupper referred to a document dated May 22, 1983 and noted that the sign at the Westgate Chevron was nonconforming. He said he would submit it as evidence. EDMONDS CITY COUNCIL MINUTES Page 6 AUGUST 2, 1988 Mr. Tupper said special circumstances did not exist to the property. He said the Hearing Examin- er "stretched his point" when he found that special circumstances did exist. Mr. Tupper said deed restrictions and covenants are self-imposed hardships, i.e., a 14 foot high canopy was a height decided upon by the owner and was, therefore, a self-imposed hardship. Ms. Mack said the issue was what evidence the Council should consider in making its decision. She reiterated that there is a sizable record before the Hearing Examiner which he used in making his decision, noting that the Council is required to consider that evidence. She said she was not suggesting that people not be given an opportunity to present new evidence; only that the Council must consider the record of the Hearing Examiner. Ms. Mack said the applicant is not claiming that deed restrictions or any actions of the prior owner resulted in special circumstances. She said there is a clearance requirement in order for the gas station to service larger vehicles, and it is that clearance requirement that results in the base of the canopy being 14 feet above grade. Ms. Mack said the sign is a custom sign designed with smaller letters than the standard sign that Texaco uses in order to meet the intent of the Edmonds Code. Mayor Naughten closed the public portion of the hearing. Mr. Tupper requested further rebuttal, so COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO REOPEN THE PUBLIC PORTION OF THE HEARING. MOTION CARRIED. Mr. Tupper pointed out that there is no requirement that gas station canopies be over 14 feet and that that issue was not addressed by the Hearing Examiner. Mayor Naughten closed the public portion of the hearing. Councilmember Hertrich said the applicant decided to specifically exclude access to all large vehicles by building a canopy that was not higher than 14 feet. He concluded, therefore, that the statement made that the height of vehicles requires that the canopy be 14 feet was inaccurate. Ms. Mack raised a point of order. She pointed out that Councilmember Hertrich was introducing new evidence. Mr. Snyder stated that the decision of the Council must be based upon evidence presented in the public hearing or by the Hearing Examiner. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO UPHOLD THE HEARING EXAMINER'S DECISION AND ALLOW AN ATTACHED SIGN TO EXCEED THE PERMITTED HEIGHT LIMIT OF 14 FEET FOR THE GAS PUMP ISLAND CANOPY AND DENY THE APPEAL. In response to an earlier statement, Councilmember Jaech said the sign code was reviewed exten- sively when it was in the process of amendment. She said the sign code is very explicit in its height limit of 14 feet. Councilmember Jaech said in order for a variance to be granted to allow deviation from that height limit, all of the criteria of ECDC 20.85.010 must be met. She said she did not believe 20.85.010 (B) was met because a sign could be placed between the canopy posts. Councilmember Hall said she believed that a variance was warranted because the gas station was not easily identifiable from the roadway due to inadequate signage. She said the City would be providing a service to patrons looking for diesel fuel by allowing the variance because people would then be able to find that station. Councilmember Hertrich said any Councilmember who voted in favor of granting of the variance would be in direct conflict with the Code because he said evidence was not presented that proved that all of the criteria for the granting of a variance have been met. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER HALL, COUNCILMEMBER KASPER, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER HERTRICH AND COUNCILMEMBER JAECH OPPOSED. MR. SNY- DER INQUIRED IF THE MOTION INCLUDED THE FIVE CONDITIONS THAT WERE CONTAINED IN THE HEARING EXAMIN- ER'S REPORT. COUNCILMEMBER WILSON REPLIED AFFIRMATIVELY. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING CONDITIONAL USE PERMIT FOR ACCESSORY DWELLING UNIT AT 21507 - 8 TH AVE. W. P-16- ; CU-3 - /C SSANDR _PAHLM N �p Assistant City Planner Duane Bowman reported that the matter has been heard twice by the Hearing Examiner in 1988. The first application, CU-7-88, was denied by the Hearing Examiner on March 8, 1988. The appellant failed to file an appeal in a timely manner and the Hearing Examiner's deci- sion became final. EDMONDS CITY COUNCIL MINUTES Page 7 AUGUST 2, 1988 Mr. Bowman said on June 16, 1988, the Hearing Examiner held a second public hearing on a new application for the accessory dwelling unit, CU-34-88. The Hearing Examiner issued his report on June 24, 1988 reaffirming his original decision to deny the proposed accessory dwelling unit. Mr. Bowman noted that copies of the appeal letter, the Hearing Examiner's report, a vicinity map, and a site plan were included in the Council packets. Mr. Bowman reviewed a site plan with the Council. He said there is a breezeway that connects the mother-in-law apartment to the main structure. Mr. Bowman reviewed the comments of the Hearing Examiner. Cassandra Pahlman, 21507 - 84th Ave. W., disputed the Hearing Examiner's Finding that the accesso- ry unit did not meet the criteria of 20.21.030 or 20.05.010. She pointed out that the neighbors immediately adjacent to her were not opposed to the accessory dwelling unit. Ms. Pahlman said she does have permits and is attempting to legalize the unit but cannot do so unless a conditional use permit is granted. She said she has lived in her home for eight years, and the accessory dwelling unit has been in existence since that time. She said she has no inten- tion of expanding the building. Councilmember Hertrich inquired about the building prior to its modification. Ms. Pahlman said the main structure is approximately 4,000 square feet. She said the garage is attached to it by a breezeway and by a lanai on the upper floor. Ms. Pahlman said another entrance was added to the rear of the accessory dwelling unit for safety reasons. Councilmember Jaech inquired if the roof of the main structure was connected to the garage. Ms. Pahlman replied affirmatively. Marilyn Gunderson, 21524 - 84th W., opposed the granting of a conditional use permit. She said numerous letters were written by adjacent neighbors in hopes that the Council would deny the appeal, and she had three more to submit this evening. Ms. Gunderson said other buildings were constructed on the property without first obtaining build- ing permits. _ Ms. Gunderson said the accessory dwelling unit is definitely detached from the main structure. She said the neighbors object to the unit because it is being rented in an area that is designat- ed as single family dwelling. Ms. Gunderson submitted the letters to the City Clerk and they were marked Exhibits 1-3. Ray Howard, 8431 - 216th S.W., expressed concern regarding further expansion of the property because he said the existing structures seem to be detrimental to the neighborhood. He added that there are a lot of cars that access the property. Mr. Howard inquired about the two smaller structures. Mr. Bowman said those structures are a portable guest house and a greenhouse. He noted that another action is pending for the guest house. Earl Magnuson, 21404 - 84th Ave. W., said he and his wife recently moved to the neighborhood because they enjoyed the single-family characteristic. He expressed concern that granting of the conditional use permit would lead to rezoning of the area to multiple family dwelling. Mr. Magnuson said he was opposed to the granting of the conditional use permit. Ms. Pahlman said she was concerned that the neighbors were more concerned about the number of cars that access her property and whether permits were obtained prior to construction of the other structures rather than the accessory dwelling unit itself. Ms. Pahlman said she is not renting the accessory dwelling unit at the present time, as Ms. Gunderson previously stated. She said her former husband is staying there while under medical recuperation and she was saddened that her neighbors have nothing better to do than to watch her home. Ms. Pahlman said her home and property are maintained very well and are obscured from neighboring properties. She said her property is not detrimental to the neighborhood. Ms. Pahlman said she does not intend to use her home for commercial gain. She said the other structures are not an issue of contention at the hearing before the Council. EDMONDS CITY COUNCIL MINUTES Page 8 AUGUST 2, 1988 Councilmember Hertrich queried Ms. Pahlman with respect to the criteria of 20.21.030 and conclud- ed that the criteria have been met, with the exception of item (H). Ms. Pahlman said the struc- ture cannot be inspected until a conditional use permit is obtained. Councilmember Kasper inquired how the mother-in-law unit could meet Code regulations when consid- ering the existence of the portable guest house. Councilmember Hertrich pointed out that the issue of the guest house was an irrelevant issue before the Council because it was not part of the application and was pending in another action. Mr. Snyder stated that the Code provides for one accessory dwelling unit. He said the difference between a guest house and an accessory dwell- ing unit is that a guest house may not have a kitchen but an accessory dwelling unit may. Ms. Pahlman said all cooking facilities and the refrigerator have been removed from the guest house. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER HERTRICH MOVED TO UPHOLD THE APPEAL AND APPROVE A CONDITIONAL USE PERMIT BASED ON MEETING THE REQUIREMENTS OF THE UNIFORM BUILDING CODE AND FIRE CODE. MOTION FAILED FOR LACK OF A SECOND. Councilmember Jaech said she did not feel that 20.21.030(B),(E), and (H) have been met. Councilmember Hall concurred. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO UPHOLD THE HEARING EXAMINER'S DECI- SION. MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED. The meeting recessed at 9:34 p.m. and reconvened at 9:40 p.m. PROPOSED ORDINANCE RELATING TO OPERATION OF SKATEBOARDS AND SIMILAR DEVICES Police Chief Dan Prinz said the amendment to the ordinance incorporates the restrictions of the 4 current ordinance regarding skateboarding on streets and adds some sidewalks in the downtown commercial area. He noted that the Public Safety Committee recommended approval of the proposed ordinance. Councilmember Jaech expressed concern that skateboarders may get hit by cars exiting driveways on Walnut Street because the sight distance is obscured by retaining walls. She inquired if the ordinance encompassed Walnut Street. Chief Prinz replied negatively. Discussion ensued regarding expansion of the restricted areas from 6th to the waterfront on Main and Dayton, and 5th from Bell to Maple. The Council felt the area of high pedestrian traffic should be free of skateboard activity for safety of the pedestrians. The revised ordinance will return on a future agenda. REVIEW NEW EDMONDS TOURISM COMMITTEE VIDEO J,,,44,t,r7t-, Susan Moore of Moore Video Productions presented the new Edmonds Tourism Committee video to the yMayor and Council. Mayor Naughten noted that the tape was available for loan at City Hall. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ACCEPT THE VIDEO. MOTION CAR- RIED. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL - MEMBER JAECH; TO REOPEN THE MEETING FOR 15 MINUTES. MOTION CARRIED. MAYOR o�. Mayor Naughten said a liquor license application was pending for Little Red Riding Hood & Company at 7505 - 178th P1. S.W. and would be recommended for approval if no objection was noted. No objection was noted. L,., Mayor Naughten said a transfer liquor license application was pending from Tradewell to Five �u��• t�u��� Corners Thriftway and would be recommended for approval if no objection was noted. No objection' was noted. COUNCIL �=v_ _ COUNCIL MEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO EXCUSE COUNCILMEMBER NORDQUIST'S ABSENCE DUE TO A BUSINESS TRIP. MOTION CARRIED. Council President Kasper referred to a letter from Councilmember Nordquist regarding the new apartment complex under construction on 205th and expressing concern that the pump station is located east of the construction trailer and is not in the area of construction of the apartment complex. EDMONDS CITY COUNCIL MINUTES Page 9 AUGUST 2, 1988 Council President Kasper said he has observed a lot of illegal campaign signs throughout the P�,w�•�"" 0 City. City Clerk Jackie Parrett said she tried to contact Don Bonker's campaign office but has been unsuccessful. Council President Kasper suggested that the campaign signs be collected and o placed behind the Public Works Department in the fenced area so they can be picked up by Mr. Bonker. Council President Kasper said he has been unsuccessful in finding a Council Resource Assistant but will continue the search. Council President Kasper said he failed to see the relevancy of the resolution regarding the vote taken by PSCOG. Councilmember Hertrich said the purpose of the resolution was to inform PSCOG nQ that the Edmonds City Council believes that elected officials should not be ignored. He inquired if there was a better way to protest the action of PSCOG in ignoring the Subregional Panel's report. Council President Kasper said he believed the resolution was a belated action. He said he would write a letter to the local COG and send a copy to SCOT. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO PASS THE RESOLUTION. Council President Kasper said he was not prepared to vote on the resolution. Councilmember Hertrich inquired if Council President Kasper wished to wait until next week to vote on the reso- lution. Council President Kasper replied affirmatively. COUNCILMEMBER HERTRICH WITHDREW THE MOTION. The resolution will be placed on next week's agenda. Council President Kasper referred to Janet Padgett's contract and recommended that the Council proceed with the contract with the only change contained on the bottom of page 3 with respect to all work and progress being reviewed by the consultant and the City Council. The Council con- curred. Council President Kasper stated that the Mayor wished to contract with Janet Padgett to review the following positions: Executive Secretary, Wastewater Treatment Plant Supervisor, Water Sewer Division, Street Division Supervisor, Facilities Supervisor, Grounds Supervisor, and Equipment Rental Division Supervisor. He noted that the contract was a separate contract and Ms. Padgett's services would be funded from the Mayor's budget. Councilmember Hertrich inquired how the second contract originated. Mayor Naughten said Administration wished to have those positions reviewed for objectivity. Community Services Director Peter Hahn added those positions were under review because six positions have been downgraded twice within the last three years. City Attorney Scott Snyder pointed out that the issue was approval of the consultant and not of the contract. He said the Mayor could contract for the review if there was money in the Mayor's budget under his consultant category. Councilmember Wilson suggested that the contract be placed on next week's Consent Agenda for review and approval. The meeting adjourned at 10:18 p.m. THESE MINUTES ARE SUBJECT TO AUGUST 9, 1988 APPROVAL. JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 10 AUGUST 2, 1988 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - t 0:00 P.M. AUGUST 2, 1988 CALL TO ORDER FLAG .SALUTE I. CONSENT AGENDA (A) ROLL CALL (8) APPROVAL OF MINUTES OF JULY 19, 1988 (C) AUTHORIZATION TO SELL 1985 KAWASAKI POLICE MOTORCYCLE AT STATE OF WASHINGTON REDISTRIBUTION CENTER IN AUBURN (D) ACCEPTANCE OF QUIT CLAIM DEED FROM VICTORIA AND KENNETH GARL FOR STREET RIGHT-OF-WAY ADJACENT TO 19307 86TH AVE. W. (E) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT FOR ARSON INVESTIGATION BETWEEN SNOHOMISH COUNTY AND CITY OF EDMONDS (F) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER DECISION REGARDING EXISTING DECK AT 9308 216TH S.W. (AP-4-88/V-34-87/SAMIONE) (G)- AUTHORIZATION TO CALL FOR BIDS FOR RENOVATION OF EDMONDS BOYS/GIRLS CLUB (H) PROPOSED ORDINANCE 2677 AMENDING COMMUNITY DEVELOPMENT CODE RELATING TO STREET STANDARDS (I) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM MR. AND MRS. GUS CHRISTOTHOULOU ($419.80) (J) PROPOSED ORDINANCE 2679 AUTHORIZING DRUG ENFORCEMENT FUND (K) AUTHORIZATION FOR MAYOR TO SIGN EASEMENT WITH BURLINGTON NORTHERN RAILROAD COMPANY FOR OCEAN AVE. (L) APPROPRIATION OF FUNDS FOR DECISION DATA INC. CONTRACT ($5,780) 2. INTRODUCTION OF SISTER CITY HEKINAN HIGH SCHOOL VISITORS 3. PRESENTATION OF COMMUNITY SERVICE AWARD TO REID-MIDDLETON & ASSOCIATES INC. 4. AUDIENCE 5. HEARING ON HEARING EXAMINER RECOMMENDATION FOR PROPOSED 7-LOT SUBDIVI- (25 MINUTES) SION IN VICINITY OF 8504 MAPLEWOOD LANE (P-3-88/SEAWOOD HOMES, INC.) 6. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING STAFF (25 MINUTES) INTERPRETATION OF SIGN CODE REGARDING ATTACHED SIGN HEIGHT (AP-10-88/ APPELLANTS: SARA MACK; S&S SIGN CO.; TEXACO, INC.) 7. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING VARIANCE TO (30 MINUTES) ALLOW AN ATTACHED SIGN TO EXCEED PERMITTED HEIGHT LIMIT OF 14' FOR GAS PUMP ISLAND CANOPY AT 10119 EDMONDS WAY (APPELLANT: FINIS TUPPER; APPLICANT: TEXACO, INC.) (FILE V-17-88/AP-15-88) 8. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING CONDITIONAL (25 MINUTES) USE PERMIT FOR ACCESSORY DWELLING UNIT AT 21507 84TH AVE. W. (AP-16-88; CU-34-88/APPELLANT: CASSANDRA PAHLMAN) 9. PROPOSED ORDINANCE 2678 RELATING TO OPERATION OF SKATEBOARDS AND (10 MINUTES) SIMILAR DEVICES 10. REVIEW NEW EDMONDS TOURISM COMMITTEE VIDEO (12 MINUTES) 11. MAYOR 12. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE