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15730-75TH PL W.pdfn CITY & ZIP�)� I,(�� PHONE % Odi J INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY LOCATION OR ADDRESS OF. PROPERTY 1, 730� 574. 5- /�� � 444 614.. LEGAL DESCRIPTION OF PROPERTY 1 FOR OFFICE USE ONLY USE ZONE : % r ZONING ORDINANCE REQUIREMENT STATE OF WASHINGTON) ss. COUNTY OF BMW KING Signature of 4 Representative On this date, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Malcolm E,_Jgnkin5 who, being duly sworn, on his/her oath deposes and says that (s)he has prepared and read the attached statements and has acknowledged to me that the recititations %contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned. Subscribed and sworn to before me th .. -. t t , ` r rr' r'�t.,VY' Ji"1�;'t�'yYy�i2 i ri.tr: T diiA t k l fa ... .. rd ... ..-.e .. ... n ..- ...-.. i.. u.... .- ,. .... 7 1 EXHBIT �- 1 k < Y qk It ? DECLARATIONS OF APPLICANT a , tL 1,, Please answer all questions 1 What are the physical characteristics, (i.e. topography, shape of lot, etc.) which create -a hardship for you in.regard to'• development of your property? S G Va j f 01' �, ek*- lk 'Ti/s Gr '�- �� r �' L;:.�l i�C.(/ �r% es%-cyl• 2. How does your property differ from other property in the same vicinity? / : rJ C eel eo 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? 4.. What hardships.will result to you if the variance is not granted? Will these hardships have been caused by your own action? .. „.,. ..... u • ..�..',. t ti ... .. r�..t , ' ,..vt�.y.y.}v�v=+•Jt 1 i 2. '.,"vi:'-iY�yj�ir�iy.. �15f�N �' IF I ' r /"'i'i. ._ _ �1'':�\ \ �-�� N.. _ -�. �� I'---------'^^�-,�--•�r•y a if ,IIr �3 SUBJECT AREA L It l \ \ OF NN _ }_ FFI IF Ll LL {'• 11 \1��yAI,"{`}% IF It r F-.111111 I. ' wIN IF It IF LL 7 , IF, \ j I j 1 �',� u. <`�L., "� nc •"� 4-:�.:S`S � ' � .� it �I{t I'�1,:,.�', `, '� ``\``' ���.\\� � _'.. �\IF i,. 1 —� l 1{' -{t i I+ ,11 It� 11:1 f ,IFFI : t!: �. ICJ I 1 I \ 1IF CL It p IF I � i J i �' 7 IF i y 1 11 Fr �, IN I MEW 11 k i vi,, ar l 5 w / Record of F % ji ngs of Fact by Board of Adju .gent 7`l The Board of Adjustment for the City of Edmonds finds in the case of �,- ,,�.��. - f i 1e No. �1-� ' C'r� request for variance at n fr .. —�—^ 17r�c the following: k 1. That notice was given according to Code requirements, and Affidavits attesting to same are in the file. Sr�; 20. That the foregoing set forth Standards and Criteria each have/have not been met. - 7 3. In addition that 4. Therefore, the request for variance is Denied/Granted, subject to the following special conditions: 5. Section 12.16.110 "----and if a building permit and/or occupancy inrmi t is not obtained { for the subject property within one year from the date of the Board's decision, the con- � ditional use permit or variance shall be automatically null' and void. --NOW 5. Decision shall be effective on: Date DATED: Chairman, Board of Adjustment DATA Date of Application: /.1 -! �` Date of Nearing: Date of Publication: /,: , ) oil j Continuances. - Date of Posting: I Date of Appeal from Decision of the Board: '!! f. i r tN. emu....i+h. 'Nr Jf EXHIBIT 1 ' ,I I STAFF REPORT TO HEARING EXAMINER Y �. - 1 1 I. !f f L FILE #V-.38-80 Fi HEARING DATE: FEBRUARY 5, 1980 ' I. RFQUESTED ACTION: Variance to the required side' yard setback on the north property line and from the front yard setback on the south property line Specifically, from 171�' to 7' on the L L k north property line and from 25' to 5' on the south property line II. APPLICANT/OWNER: Malcolm Jenkins III. PROPERTY LOCATION: 15730 75th Place West Edmonds, WA 98020 , IV. LEGAL DESCRIPTION: The south 45 feet of Lot 7, Block 28 Meadowdale Beach according.to the plat thereof recorded in Volume 5 of plats, page 38 records of Snohomish County, WA (together with `that vacated portion of street located to the west on and adjoining attached said lot by Operation of Law.) V. STAFF FINDINGS AND CONCLUSIONS: A. Comprehensive Plan Designation - Low Density Residen ial t B. Existing Zoning RS-20 C. Surrounding Zoning - North South East West RS-20 R- RS O MR D. Official .Street Map - Proposed Existing j East 75th Place West 6040' South-158th.Street S.W. 30' 30' The Official Street Map indicates that.a 10' dedication is required along 75th.Place West. E . Description of Subject Property and Surrounding ' Area , The subject property slopes in a stair -step fashion from east to west. Presently, there is a dilapidated house and and garage on the eastern plateau. A relatively level lawn area is located below the house, with the remainder; of the property sloping downward to the west. The Burlington Northern Railroad right-of-way forms the western boundary of the subject property, Lwith the unimproved right-of-way of 1.58th Street S.W. the southern boundary.1. 75th Place West is the eastern boundary. Development in the area is single family rdsidential'. The adjacent property to the north is developed with ,a residence and garage. To the south, the area is all unimproved. 74 1did- If s fi 10 I x <4 i YY t '1 t `w'' r v.ME "If.k -did.iI��'d `'��St{ !. �N t .y..,.�.., s'i���:..<.;,:c..... ... .... ...a ..�...w.:.�.�.,... t rr rjzdiA, �',�"}C£ off ;R j Z. lU i F ,f {� z rl 4rFih v,. :r1 Y ^r° i ° If ti i` >�tFYf`T^Ie�y If I I If 1 / . i �fari'�t>,tr ti Sf "�' - .,t J. r ti did ': i rC 2? Y,uN txi }y,Y;} Ir{y fc ."r -d I 4 If..t 1l 1{� �rrY FyYI YldirAI n 1 . 1 1 %4 I did I Staff .Report to.Hearing ExaminerIli ,'` a Fife #V-38'-80, Hearing Date 2/5/81 "' r, Page 2 = 1/28/$1 - Y i Y i F. Conformance to Chapter 20.85.010 - I ILL h%Y 1. Special CircumstancesTfih;'. Special circumstances do exist with the subjIect`. % property. It is a nonconforming lot as to lot %I ,1.di width. Code requires 100' for lot width and Yaf'ddd� the subject lot has only 45'.: If If k 1:. To compound the problem of nonconforming lot Awidth is the fact that this lot is also a cor-.IS ner'lot This means that front yard setback must be observed from.each right-of-way improved Gt' ;I or not. The net result is an approximateILL 22' X .140'. building pad.did r 2 Special Privilege ' The adjacent property to the north is also a -non -conforming lot and is developed into a residence and garage. The subject property has the added burden of being a corner lot. The granting of these variances will not result in the granting of special privilege. 3 Comprehensive Plan If I Development, as a.result of the,approval of the'' ' requested variances, will be consistent with the Comprehensive. Plan. ; 40 Zoning Ordinance These variance requests are generally in conformance With Ithe purposes of this zoning code. 5. Not Detrimental Idd The approval o .these variances should not be injurious to the other properties or improvements in the vicinity and same zone, nor will the variances be detrimental to the public, health, safety and welfare, ; 6. Minimum Variance The requested variances are the minimum to allow the owner the rights enjoyed by other properties L. in the vicinity with the same zoning VI 0 STAFF RECOMMENDATION: Staff recommends approval of the variance requests however, the applicant should be aware: of the following items`: l) Since no sewers are in this area, a building permit Y,r If IT I ZI ,If if It ..p .. 1 1 i 4 h 1; c ) r: i.t y j'45 wti ,M si .y, MHy,t=ik,r F ot� to to t istI to _,�4. .....u..}�..,u. ....A It ..ii,-�.=+rm t+ : Vol 7i� r.Sr f*7'r't"W � .Y� —sl. .. .. m... .._..: _ _ �.�. .... e.,.,... , ,it r w t tr,r rta to cud tjij.xtSd {A,r.0 4.�,.al �.., . tl.., o ; otLSN e 1 t. tySr > J t1to I to It I r1 5'yIjor torI �,r o It f t <1 + sIt + 4 ri +f , t 1 . EXHIBIT i1 r t£ +l $'t January 2 6 , 19 81to I ', x .. t17+,piif 1% ' 1 1 1 1, 1 1 P."' '' ? t*k I to tY MEMO TO: Hearing Examiner Planning Department artment9 tto FROM: James E. Adams o City Engineer/Engineering Division ,,;. SUBJECT: COMMENTS FOR FEBRUARY 5, 1981 HEARING EiCAMINERI to o MEETI14G .. , ;,'. ,, f to Engineering Engineering has the following comments to make on those hearings scheduled for the February 5, 1981 Hearing Examiner meeting: P-3-8 0 R ON SNARE, "WILLOW RIDGE" Six -lot subdivision lo- cated at 21015 80th Ave. W. (RS-8) Engineering Division has no objection to this action. Engineering.requirements are attached and apply spe- cifically to the preliminary plat as submitted. Any change in the plat design may require changes in the Engineering Requirements. (See attached.) V-38-80 MALCOM JENKINS Variance from required side and front hard setback at 15730 75th Pl. W. (RS-20) Engineering does not object to the variance. However, there does not appear to belttufficient square footage on this property to meet the septic tank minimum reI Ito: - quirements. Therefore, we would oppose the issuance; of a Building Permit on the lot. AP-1-81 RICHARD EKMAN Appeal of decision of approval of four -lot subdivision at 8726 209th St. S.W. (RS-8) The comments in Mr. Ekman's appeal request letter of +. January 19, 1981 are not germane to the Engineering # requirements.`' 4 E. ADAMS to I It DS/jf I to Encl. (1) A CIA ;l:, to It I I to �', f. -< r 4 il n r rr 71 711: lip" prior commitment not to develop this area because of its swampy nature. He ss was concerned that water would flow across his property, but Mr. Bowman explained the water restrictor which would retain the water and release it at the rate it currently flows. y 21016 78th Ave. W. also expressed concern about water, and Dwight Thomas, Mr. Bowman explained that provisions of the Drainage Ordinance would require that water does not leave the site at a rate exceeding the current rate. ; Mr. Thomas asked why 8" diameter was the size of trees required to be saved in the setbacks of Lots 3 and 4, and Mr. Bowman explained the City's tree cutting policy. Mr. Thomas said the trees seemed to be in the center of the lots and he thought it logical to construct around the trees. He also questioned the stability of the lots on which fill had been placed and C whether the rear of the site should remain in open space, just as the J property to the south had been. After consideration, Mr. Bowman said a tree -cutting plan could be required on Lots 3 and 4, instead of the require- j ment stated in paragraph VI.(8) of Exhibit 1. He felt that in view of the (, concern raised by Mr. Thomas, that would be a good substitution. He also said a soils report could be required on the lots Mr. Thomas questioned as to stability. Mr. Long responded that they had done some soil tests and the result was they will have to extend the foundation footings down 2' to get to bearing soil. The hearing was closed. Mr. Driscoll stated that a copy of the findings will be sent to those who testified, as well as to the involved parties, and that his decision would be made by February 23, 1981. He noted that Exhibits 1-8 would be admitted as part of the record. V-38-80 MALCOLM JENKINS - Variance from required side and front setbacks at 15730 75th )j. W. RS-20) The variances requ'asted were to reduce the required 17 1/2' side setback on the north property line to 7', and to reduce the required 25' front setback on the south property line to 5'. A vicinity map, plot plan, and topographic map were shown, as well as slides of the property. Surrounding zoning is RS-20 to the north, south, and east, and MR to the west. A 10' dedication is required along 75th P1. W. The subject property slopes in a stair -step fashion from east to west and currently has a dilapidated house and garage on the eastern plateau. A relatively level lawn area is located below the house, with the remainder of the property sloping downward to the west. The Burlington Northern Railroad right-of-way is the western boundary of the property, the unimproved right-of-way of 158th St. S.W. is the southern boundary, and 75th Pl. W. is the eastern boundary. Development in the area is single-family, residential, the adjacent property to the north having a residence and garage, and the area to the south being unimproved. This is a nonconforming lot as to lot width, the Code requring 100' and the lot having only 45'. This lot also is a corner lot, so front yard setbacks must be observed from each right-of-way, improved or not. The result is that the owner has a building pad of approximately 2 1/2' x 140'. The adjacent property to the north also is nonconforming and has developed with a residence and garage, but the subject property has the added burden of the corner lot requirements. Mr. Bowman said granting of these variances would not result in the granting of special privilege. Development with the requested variances would be consistent with the Comprehensive Plan and the Zoning Code, would not be dtrimental to other properties in the vicinity or to the public health, safety, and welfare. The requested variances were considered to be minimum to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning. Because this area is not sewered, a building permit cannot be issued until a septic tank, conforming to Chapter 18.20 of the Community Development Code, is obtained. Dan Smith indicated that there is a general history in this area of land movement, landslides, and failing septic systems, and that the City Engineer does not believe a system can be designed to fit on such a small lot, as it is only 9,000 sq. ft. and slopes drastically to the west. He said the County health official sets the standards for septic tanks. He noted that they could apply for vacation of 158th St. S.W. which could add some footage to their lot. They are over 1/2 mile from the City sewer system to the south. HEARING EXAMINER MJNUTES Page 2 - February , 1981 f Malcolm Jenkins, the applicant, said he concurred with the statements of the Planning Staff and that he understood the problems with his lot. He noted that there has been a building moratorium in the area, but at this time he was only taking the first step to see if he could proceed, prior to going to any expense. No one else wished to speak. The hearing was closed, and Mr. Driscoll said a decision would be rendered by February 23, 1981. He stated that Exhibits 1-6 would be admitted as a part of the record. Mr. Jenkins asked whether he could get an extension of the variance, if granted, and if he could not proceed immediately. Mr. Bowman said there is the possibility that sewers will be in the area in approximately two years, and he could get extensions on the variance until that time. AP-1-81 RICHARD EKMAN - Appeal of decision of.approval of 4-lot subdivision at 8726 209th St. S.W. (RS-8) The Planning Staff had approved a preliminary 4-lot subdivision for this property, owned by John Taylor of 9210 Olympic View Dr. The appellant is the owner of property adjoining the proposed subdivision. His reasons for appeal were that the following facts were not considered: (1) Negative impact on a quiet, residential neighborhood by addition of four residential lots and attendant vehicular traffic. (2) Traffic danger to children who use 209th Pl. S.W. as a playground. (3) Loss of valuable and unique trees located in the path of the proposed access. (4) Lack of requirements for lateral support of elevated yards that adjoin the subject property to the west. Mr. Bowman stated that when the plats of Tommy Park Addition #3 and #,4 were developed, a 25' right-of-way was provided between Lots 1 and 9 of Tommy Park Addition #4 to provide access to the subject property which otherwise would have been landlocked. The proposed development of the subject property was consistent with the Comprehensive Plan and the Zoning Code, and the proposed access conformed to Code requirements. Mr. Bowman said the estimated number of average vehicle trips per day from the proposed subdivision would be 28-32, with expected negligible impact on the neighborhood. He agreed that children sometimes play in streets, but stated that the primary function of a street is to provide a paved surface for automobile traffic. The turnaround proposed in the subdivision will cause the loss of some large trees, but that is the only logical location for the turnaround. The trees involved are commonly found throughout western Washington --cedar, alder, and fir. Since the turnaround will be dedicated to the City, Mr. Bowman said a development plan must be approved prior to construction and the City Engineer may require lateral support of the elevated yards to the west in the area of the turnaround. He said the site has a relatively gentle slope from east to west and most of the large trees on the site are relatively erect, even on the slopes. A soils plan was required, and he did not believe there would be drainage problems. He said there is an open drain line that feeds into this lot and that will be picked up in the drainage system for the development. Also, topography on Lot 4 is quite steep and it may have to be accessed from Pioneer Way when it develops. He said the Planning Division had requested a future development plan before finalization in order to see whether it is intended that Lot 4 will be subdivided further. Mr. Driscoll determined by questioning that the only feasible point of access will be from 209th, and not Pioneer Way. Exhibit 8 consisted of the short subdivision requirements for this proposal, and it was noted that the applicant had agreed to them. Mr. Bowman recommended that the appeal be denied in that the proposed subdivision was in compliance with all City regulations. The hearing was opened to the public. Mary Ann Ekman, wife of the appellant, and representing him, said some of their concerns had been addressed, but she was still concerned about the loss of trees from the driveways, saying they are the natural barriers between the properties. She said the driveways running north and south to access Lots 1 and 4 will cause the loss of many old trees. She also stated that there is a drainage problem from 209th to the ravine in that with any significant rainfall the water does not drain to the ravine as it should. She indicated that there is a steep slope on the property immediately behind her home and those to south and if all the trees and shrubbery are HEARING EXAMINER MINUTES Page 3 - February 5, 1981 i ty ' - 'y 1 , \y ✓ Lai`} ». //3 t FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS <,4 }if �I: r a x„ y IN THE MATTER OF THE APPL CATION OF FILE NUMBER: HE 81-jT-.01 MALCOLM JENKINS FOR APPRO AL OF A r\ VARIANCE n. DECISION: The application for a variance as submitted by Malcolm Jenkins is granted. tr`ri J INTRODUCTION Malcolm Jenkins, Edmonds, Washington, hereinafter called Applicant, has requested approval of a variance from the sideyard setback requirements for property located at 15730 75th Place West, Edmonds, Washington, and more particularly described as: The South 45 feet of Lot 7, Block 28, Meadowdale Beach according to the pla thereof recorded in volume 5 of plats, page 38, records of Snohomish County, Washington (together with that vacated portion of street located to the West on and adjoining attached sa d lot by operation of law.) The above described property is zoned RS-20. This zoning 4 designation is established by the City of Edmonds Community Development Code. A hearing on the request for the variance was held before the Hearin ' Examiner of the City of Edmonds, on December 17, 1980. The f llowing presented testimony: Duane owman Planni g Department Edmond , WA Don Sm'th Public Works Department City o Edmonds Malcol Edmond The Following exhibits w Jenkins , WA (Applicant) r e presented and admitted at the hearings CITY'S EXHIBITS Exhibit 1 - Staff Report Exhibit 2 - Copy of January 26, 1981 (engineering memo) Exhibit 3 - Application Exhibit 4 - Vicinity Maps/Plot Plan €- Exhibit 5 - Topographical Maps; Exhibit 6 - List of Adjacent Property Owners E: Afer due consideration o the evidence presented by the Applicant; evidence elicited during the public hearing; and as a result of the personal inspection of the subject property and surrounding areas by the Hearing Examiner, the following findings of fact and conclusions constitute the basis of the decision of the.Hearing Examiner. ORIGINALt l a s r p. s i ]Il _ ( l till li Findings and Decision of the Hearing Examiner of the City of Edmonds, Washington 1 Fide Number: HE- 81-V-01 Page 2 t F D NGS Q FACT a k ; 1. The Applicant has requested approval of a variance from the sideyard setback requirements on the North property line and from the frontyard setbacks on the South property line for property located at 15730 75th Place West, Edmonds, Washington, and more particularly described as set forth above. 2. Zoning for the above described land is RS-20 as establishedin the Edmonds Community Development Code. 3. The comprehensive plan designation for the subject property is low -density residential. 4. The specific variance request is for a reduction of the sideyard setbacks on the North property line from 17 1/2 feet to 7 feet and a reduction of the sideyard setback on the South property line from 25 feet to 5 feet. 5. The subject property slopes from East to West. Property consists of tiers of that correspond with the slope. 1. 6. The subject property is bordered on the West by the Burlington Northern right-of-way line; on the East by the 75th Place West on the South by the unimproved right-of-way of 158th Street Southwest; and by private property to the North. 7. The adjacent property to the North is developed with a residen and a garage. The adjacent property to the South is unimproved. Because of the right-of-ways for the street and j railroad there is no development to the West and East. Presently on the subject property there is a house and a garage on the eastern plateau of the property. These two structures are in a dilapidated state, 8. The subject property is an extremely narrow piece of property i that does not meet the code requirements of a 1.00 foot lot width and in fact is only 45 feet wide. Thus, it is imperative for the Applicant to secure a variance in order to develop the IL property in any manner. 9 In addition to the extreme narrowness of the lot, the subject. 1. property is also a corner lot which necessitates frontyard j setbacks being observed from all right-of-ways. As a result of these setbacks and the current width of the property, the lot under the code requirements allows for construction on a 2 1/2 foot by 140 building pad. 10. Chapter 20.85 of the Community Development Code of the City of Edmonds sets forth the requirements for the issuance of the 44 variances. The burden is upon the Applicant to show the special circumstances relating to the property; the lack of any special privelege accorded the Applicant for the variance; the consistency of the request with the comprehensive plan; the consistency of the variance with the Zoning Codes; the fact that the variance would not be detrimental to the community; and the fact that the variance is the minimum needed to allow the rightful enjoyment of property. VIAWto } of .o , i iG ,: ito of i 1 Findings and Decision of the Hearing Examiner tx' of the City of Edmonds 'j b f, File Number: HE-81-V-01L k i Pa g e 3 r IX; 11. Because of the extreme narrowness of the existing `property_ and4t . because of the required frontyard setbacks from the rgnt-of.=< way lines, special circumstances do exist on the subject ' property necessitating a variance. Without a variance the, o t'. subject property could not be improved because of the extreme limited building area. 12. The variance from the sideyard setbacks and frontyard setbacks on the subject property would not be a special privilege`or accorded to the Applicant. The adjacent property to the North is a nonconforming lot and has been developed into a resa:d;erce'too and garage. This property could be developed in a similar (', manner. 13. Development as a result of an approval of the requested + variance will be consistent with the comprehensive plan of the E City of Edmonds. 14. The requested variance would be in conformance with the zoning ordinances of the. City of Edmonds. 15. The granting of the requested variance would not be detrimental to the public health. and safety and welfare of the communit Y• 16. The requested variance is the only reasonable method of creating a lot that can be developed. 17. The planning staff of the City of Edmonds recommended approval..` of the variance but made the following comments with their recommendation: 1. Since no sewers are in this area, a building permit;, cannot be issued on the property until a septic tank, conforming to Chapter 18.20 is obtained. As outlined in the memo from the Engineering Department, Exhibit 2, this may not be possible. 2. Subject property is in an environmentally sensitive area due to slope conditions. At the time of the building permit application, a complete assessment will be needed. 3. As per the Official Street Map, a 10 foot dedication is required along 75th Place West prior to the issuance of a building permit. 18. The Public Works Department of the City of Edmonds stated no objection to the variance. They did add comments: There does not appear to be sufficient square footage on this property to meet the septic tank requirements.. Therefore we would oppose the issuance of a building permit on the lot. 19. The Applicant testified in support of the recommendations of the Planning Department. 20. When asked if he completely understood the comments submitted with the Planning Department's recommendation the Applicant �y l J Findings and Decision of the Hearing Examiner L"k' of the City of Edmonds File Number: HE-81-V-01 Page 4 r ''rr tesified that he did. He was aware that by acquiring :the' variance would not necessarily allow him the right to get .,a building permit. Instead the Applicant testified :that`; the. I. acquisition of the variance was the first step in eventually =tt developing the property and that he would concern himself with the building permit at a later date. 21, There was no opposition testimony to the application. LL �. L� CONCLUSIONS -} l 1, The application is for an approval of a. request for variance from the required sideyard setbacks on the North property line and from the frontyard setbacks on the South property line of property located at 15730 75th Place West, Edmonds, Washington, and as more particularly described as set forth above. 2. The specific request is for a reduction of the sideyard setbacks on the North property line from 17 1/2 feet to 7 feet and for a reduction of the frontyard setbacks on the South property line form 25 feet to 5 feet. 3. The zoning classification of the subject property is RS-20 and the comprehensive plan designation of the subject property, is i low density residential.' 4. Section 20.85.010 sets forth when a variance can be approved in the City of Edmonds. This section reads as follows: No variance may be approved unless . all of the findings in this section can be made. 1. Special circumstances include the size, shape, topography, location or surroundings of the property, } public necessity_ as of public structures and uses as set forth in Section 17.000.030 and environmental factors such as vegetation, streams, ponds and wildlife habitats. 2. Special circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to ! comply with the zoning ordinance, the ability to secure a scenic view, the ability to make more profitable use of the property, nor any factor resulting from the action of the owner or anypast owner of the same property, B, ape__ ciao. Priy_il Zg That the approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning. C, Comprehansive Plan. That the approval of the variance will be consistent with the Comprehensive Plan. Y, ..of 14. Findings and Decision of the Hearing Examinerf to forr ' Xf 14 {• l of the City of Edmonds File Number: HE-81-V-01`Ss` Page 5„r rr D. 7onina Qrdinance. That the approval, of the variance ;.will r',�1 be consistent with the purposes of the zoning ordinance and the zone district in which the property is located: ' �r E. Not Detrimental.. That the variance as approved,or conditionally approved will not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity . t5 .'- and same zone. F. Minimum Variances That the approved variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning.ILI 5. The Applicant has met the burden of proof by showing that the requirements as set forth in section 20.85*010 are satisfied, ` 6. The granting of a variance does not necessitate the granting of r. a building permit. If the Applicant is to secure a building permit he must meet all the code requirements and those set forth by the Planning Department and the Public Works I Department. r. 7. The Planning Department of the City of Edmonds and the Public Works Department of the City of Edmonds, did not object to the ;ILI issuance of the variance request. 8. The Hearing Examiner of the City of Edmonds has authority to make decisions on variance requests pursuant to section 209100*010 B.2. L L A Using the above findings and conclusions as the basis of the decision, the Hearing Examiner of the City of Edmonds hereby orders that the variance requested by Malcolm Jenkins for a reduction of the required sideyard setbacks on the North property line and the frontyard setbacks on the South property line on property located at 15730 75th Place West, Edmonds, Washington, and more particularly described as set forth in the introduction of this document, is as follows: The sideyard setbacks on the North property line of the subject property shall be reduced from 17 1/2 feet to 7 feet and the frontyard setbacks on the South property line of the subject property shall be reduced from 25 feet to 5 feet. By the granting of this variance the Applicant of the subject property does not secure a building permit. In order to obtain a building permit the Applicant must conform: with all the requirements of the City of Edmonds Code, laws of the -State of Washington and other reasonable requirements as established by the staff of the various departments of the City of Edmonds. These variances are granted because it has been shown meet the criteria as set forth in 20.85.010 of the Community Development Codes that they Edmonds 1 s + N l+ r 21, 17 Findings and Decision of the Hearing Examiner L. L.x ` of the City of Edmonds Fife Number : HE-81-V-011 0 1 1 1 1 1 r I I I I IdAbh; w` Page 6 t;i j11r 1 Further, there appears to be no conflict with the existing goalsLL.`, policies, plans and standards of the City of Edmonds as set forth, in the Edmonds Community De elopment Code. K lie- Entered this day of r .� , 1981 pursuant; to the authority granted the Hearing Examiner under section ;ryr 20.100.010 B.2. of the Community Development. Code of -the City of )x L. Edmonds, Washington. III ILI - - :'i N; t f®r J ES M. DRISCO L Baring Examiner NOT E OF R T APPE Pursuant to section 20.100.010 B. Edmonds Community Development Code, written appeals alleging specific error of fact or other:' grounds for appeal may be filed with the Department of Planning and Community Developments within fourteen • (14) days of the date of the Hearin Examiner's final action. In this matter, n ap eal must g be received by the Department prior to 5:00 p.m. 1981. : ILI L.;. . '(, I IL ;i • �i ( � .,,, � .. ..�_. i. .. ,. .. r. „� 'e, ._� .�. ...,.. �. „�._ I� :. r r.. e r .. . r.. �I. r.. �. � h. Sv:. t.. r \{- T.! ,L Pt .lr1`J.21.1 H ff�f�y,(ja. it ..1 w.,i�+. +.:...4 ....r.•..r-r.w�........ +.�...wu:.4 a-c L �' tAN. BlC�rs �tti 151uYMMVI ro�Ft +ik •• n i��, ?t.N•�C.+ Mc. uf, .t.w, .y....:. t !„c.. i:.r,. t'.k. .l?. f _,fJ ...� ,� ,• °i ) 1 - ��M•�++wi�� tQ` Y�����tudxv r.• ':'�'T� � d � ",F`;r G } a � it x:fsj 4T , y:�5 X - .� yt• xa�. .. nyAlk Al� iA ' �:i • i i I y 3 { t ,�ty, ' S, e t 7 S\ ��, r ♦t f f� rr 1, �lr< t, G N2r , , t. t 4S t� r i },, a , Zj ! THE PLANNING DEPARTMENT OF THE CITY OF EDMONDS HAS MADE THE FOLLOWING YsY ; DETERMINATION: f ..TOrG.RANT AN EXTENSION OF APPROVAL OF VARIANCES FROM REQUIRED•}` yl SIDE AND FRONTYARD SETBACKS, THIS DECISION WILL BECOME FINALpjL 1 frd} a °�• •'. • • • • • . • . • •'• • • • • •. . . . • • • • • • • • . ON MARCH 2, I982 -UNLESS A FORMAL WRITTEN APPEALS STATIryG REASONS ,f �� . . . . . . . . . . . • . . . . . . . . . 67 ^�t i •LYe-tfi�Y(�" is _ .. .r .� WHY THE ,EXTENSION• 'SHOULD NOT, BEGRANTED,• I S , F T LEA, W I TFj THE. PI-AN.�ILNG :'.. . )1 „ DEPARTMENT BY MARCH 2 1982, ... .. <� , PROPERTY ADDRESS OR DESCRIPTION: .1.5730. 75TH .PI.AGE. WEST. • • • . • • . 1, FILE # ..V-aS-80... POSTED .. ' 26 11,-$? ANY PERSON WISHING TO APPEAL THIS DECISION MUST_ DO SO IN WRITING, CITING REASONS, TO THE PLANNING DEPARTMENT BY MARCH 2, 1932 (10 DAYS FROM POSTING DATE) ADDITIONAL INFORMATION IS AVAILABLE FROM THE PLANNING DEPARTMENT. AT 505 ` BELL STREET. (775-2525) THIS -POSTER MAY BE REMOVED AFTER The removal, mutilation, destruction, or Nconcealment of this notice prior to the date above is a misdemeanor punishable byA R N I . 19 fine and imprisonment. : t �, 74 -1 E dI e THE PROPERTY ADDRESS AND LOCATION ZONE DISTRICT WILL HOLD A PUBLIC HEARING 19 ON THE FOLLOWING APPLICATION. THE HEARING WILL BEGIN AT 70 looM. , IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC CENTER, 250 FIFTH AVENUE NORTH. IF YOU WISH TO COMMENT ON THIS PROPOSAL, YOU MAY COME TO THE HEARING AND SPEAK, YOU MAY ALSO WRITE A LETTER STATING YOUR VIEWS WHICH WILL BE CONSIDERED AT THE HEARING. PLEASE ADDRESS THE LETTER TO THE COMMUNITY DEVELOPMENT DEPARTMENT AND INCLUDE THE ABOVE FILE NUMBER. IF THE ITEM IS CONTINUED TO ANOTHER HEARING BECAUSE THE AGENDA IS NOT COMPLETED, OR FURTHER INFORMATION IS NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED ONLY AT THE MEETING, ADDITIONAL INFORMATION MAY BE OBTAINED AT THE COMMUNITY DEVELOPMENT DEPARTMENT, 505 BELL STREET, EDMONDS (PHONE 775-2525, EXT. 227). Pill Fill III 111 11 1111111 Fill IIIIIII I I I I... IIIIII I . . `i: �, :i . ,'.i :" t Y t',r i ` r rr„k .:. i ,. .. ` , ` ) >.' ...011, .,. „,xf..�.'., ti i..«,a .,uY.,� 1Lk.k'e`v fa �i'$idl1 + `44Y t Ie y I ^� ` 0 e y 1 yti a t2t d,y�4 ct, irr 4 ?1b j2J'M1 �L1 2^A t �ft lr 1 , 'l 1"'r i M1, ` .t M1 < r f Y -NJC�77 ItF4. gym.. .A LK yj,�Y, - �Affidav�t of Publication i ' r �, J STATE OF WASHINGTON, ss , COUNTY OF SNOHOMISiI, 1 7 } rv6t Ot Cey F 40- The undersigned; being first duly sworn on oath deposes and".says Ad 1.' EfiR1 G Y€}�hMExt+nhiNe►���,h that she is Principal Clerk of the EVERETT HERALD, a daily news' �`er'gt�y�'pf`i e�d�fbdl paper printed and published in the City of Everett, County of Snoho-' #, h�sat�odJ.:, t 3 1b n+ticafe6ili���q" mish, .and State of Washington; that said newspaper is a' newspaper" lGyaQh �GY:iSrbt�'iE,d�rd twrfaiaTr1r,anq rIt Z1147 , of general circulation in said County and State; that said newspaper' F pasd r brtaeandcM}�rf►oin re gGllt�23tr�E�ard has been approved as a legal newspaper .by order Of the Superior setbft k C �1hC) pYoge( afro. y . ti cgted g c}1 ]3I30 ,15th� Ploce, Court of Snohomish County, and that the notice 4 t Wesf yM A pnr\ ' Y(, v 5oi¢ earl 4 wlllq�€�wt ai�h ACOJj1CII: T ' rzj h07 ICE OF PUBLIC BEAD I �hdQ �h � p 'ivtbc sdni .1 ................ 1................... ...... NG...._... rk, ehd be f u +tee aslt 9 - it ,, *eiyrl0- f ri yrCillSr�M1L1Cfki�S 10L ✓qr �` i!' ..._ .. ........ ...... .. _ 1 s. City,o =L,r dmor�d5',u s 5 IkcE. NO :V 38 8Q L A. i�Qbllshedt;Jbh4< 19ca9B}. .... . a printed copy of which is hereunto 'attached, was published in said newspaper: proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: JA ;. 19, 1961 �. It .......... ... ......� and that said newspaper was regularly distributed to its subscribers JL IT during all of said period, L L I L j f .......... .............. ... ......... ........ .. ................ ,Il :.. Principal Clerk t, t{a Subscribed and sworn to before me this 20th .....' JAAUARY E1 19y of .......:... _ G ... It ...... ................... Notary u is in and for the State af' Washington, resi b Everett, Snohomish County.L L L1 1 - i I I B-2-1 ;i 1 -4 s . , . ..... a .. .. ... .. :. ... .... , ... .r !.. ..a. .:..... ,, .,.