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DATE
CITY OF EDMONDS{'`
FEE__
HEARING EXAMINERk''
RECT
APPLICATION FOR VARIANCE APO, S- ✓
HEARING DATE:4,1
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APPLICANT DAMES M. HILMO ADDRESS 1013 - 3rd Ave. S.
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CITY & ZIP Edmonds, Wa. 98020 PHONE 778-7548 3
INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Owner
LOCATION OR ADDRESS OF PROPERTY 1013 - 3rd Avenue S.
LEGAL DESCRIPTION OF PROPERTY North 60 feet of west '135 feet of Lot 2,
Block 2 South Park Addition to Edmonds.
VARIANCE REQUESTED: That approval be granted for siting and construction.
of an accessory building using a rear setback of 5 feet.
FOR OFFICE USE ONLY USE ZONE: RS-6
ZONING ORDINANCE REQUIREMENT: That accessory buildings having 'an area in excess
of 600 sq. ft. be required to have,a ream setback of 15 feet.
Release/Hold Harmless Agreement
The undersigned applicant, his heirs and assigns, in consideration for
the City processing the application agrees to release, indemnify, defend and
hold the City of Edmonds harmless from any and all damages "and/or claims for
damages, including reasonable attorneys' fees, arising from any action
or inaction is based in whole or in part upon false, misleading or incomplete`
information furnished by the applicant, his agents or employees.
Permission to Enter Subject Property
The undersigned applicant grants his, her or its permission for public
officials and the staff of the City of Edmonds to enter the subject property
for the purpose of inspection and posting "endant to this application.
S ' �nature_ of Applicant, Owner ,or
epresentative
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Clarence P1. Jorgensen
Geral d� W Lovell.,
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306 Pine :reet
Lavel 1=S' �r.l and °&
Assoc's'
Edmonds,' wA 98020
23106 - Wth W.
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Edmonds. WA.9$020
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Elmer J Rupp.
James M. Hilmo
320 Pine Street
1013 >'3rd Ave. S:
Edmonds, WA. 98020
Edmonds WA ` 98020:
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Harold B. Systad
10627 Robinhood Drive
Edmonds, WA 98020
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Ross J. McConnell
1043 - 3rd Ave S
Edmonds, WA 98020�
Vernon Hahn
1030 - 3rd Ave. S..
Edmonds, WA 98020
Mary B.'Pe ters
220 Pine: Street
Edmonds, WA 98020
Richard D. Albrecht
310 Pine Street
Edmonds, WA 98020
R. bean Peterson
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c/o United First Mortgage
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P.O. Box 81366
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San Diego, CA 9213.8
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Aletha Handran
1023 - 32nd Ave. S.
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Edmonds, WA 98020
E.. J. McMorrow
1024 - 4th Ave. S.
Edmonds, WA 98020
Harve H. Harrison -
210 Sunset Ave.
Edmonds, WA 98020
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INTER =OF'FICE ICATIO NS.
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DATE —i983
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T4 —,Gary'
To
McComas/Fire Marshal FROM Teresa Qdig1'ey/Planning Secretary
Dan Smith/Engineering Inspector
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SUBJECT: VARIANCE REQUEST FOR REDUCTION OF REAR YARD SETBACK FOR,GARAGE IN
-EXCESS OF 600 SQUARE FEET AT' 1013 -. 3RD ' AVE . S . (V-9-83),
Please review the attached application and -return your comments to Duane
Bowman byre— 1983.` This item wil l 6e considered at .the- .
September-1-5-Hearing Examiner meeting'.
Thanks!
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Staff Report
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to the Hearing. Examiner
Exhi bit 1 % File
" #V=9-83
Page 2,
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2.
Special Privilege
Because there is ample room to locate the garage on the
site while still meeting all required setbacks, "it "would
appear that to grant the variance, as proposed, would re
sult in a grant of special` privilege. x
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3.
Comprehensive Plan
The Comprehensive Policy Plan Map, designates the subject'
property as low -density residential. K
The proposed variance does not appear to conflict with`
the Comprehensive Plana <<
4.
Zoning_ Ordinance
The subject property and surrounding area are al1 zoned I,
RS, 6.
The P roposed variance does not appear to_substanti'ally
conflict with the purposes of'the Zoning Ordinance.
-,5.
Not detrimental
The proposed variance should not be significantly detri'-.
mental' to the public or.the nearby.private property or
improvements.
6.
Minimum Variance
A more reasonable location for`the 'garage which meets
all setbacks is shown on Exhibit 4. 1`
V. STAFF
RECOMMENDATION.
It would
appear that a more reasonable location for the garage
would
be that shown on Exhibit 4._ Staff supports this proposal, i
as opposed to that suggested by the applicant. i
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8/25/83
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FINDINGS AND DECISION OF
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THE HEARING EXAMINER OF THE
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CITY OF EDMONDS
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IN THE MATTER OF THE APPLICATION OF
JAMES M. HILMO FOR APPROVAL OF A FILE.: V-9-83
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VARIANCE
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DECISION: The requested variance is granted,
subject to the conditions listed.
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INTRODUCTION
James M. Hilmo,<1013 - 3rd Avenue South, Edmonds, Washington,
98020, and herein
after referred to Applicant, has requested approval of a variance.
The
;.
_requested variance is to allow`a detached garage in excess of
600 square feet
to be located on the subject property and to have a five foot
rear yard set-
back instead of the required 15 foot rear yard setback.
A hearing on the request was held before the Hearing Examiner
of the City of
s
Edmonds, Washington, on September 1, 1983.
At the public hearing the following presented testimony:
t'
Duane Bowman Gerald W. Lovell
Planning De artment 23106 - 100th Ave.
West'
City ofgEdmonds Edmonds, WA 98020
Edmonds, WA 98020
Althea Handran``
1023 - 3rd Ave. South
Edmonds, WA 98020
The following exhibits were introduced at the public hearing
and were admitted
as part of the record:
Exhibit 1 - Staff Report.
Exhibit 2 - Application and Declaration
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Exhibit 3 - Site Plan of Applicant
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Exhibit 4 - Proposed Site Plan of City
After due consideration of the evidence presented by the Applicant; evidence
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elicited during ;the public hearing; and, as a result of the
personal inspection'
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of the subject property and surroundingareas by the Nearing
Examiner, the
following findings of fact and conclusions constitute the basis
-of the
decision of the Hearing Examiner.
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Findings
and Decision of the1'
Hearing
Examiner of the City of Edmonds
Re:
V.-9-83 r .
Page
2
FINDINGS OF FACT
1.
The Applicant has requested a variance for property that is located at
1013 - 3rd Avenue South, Edmonds, Washington.
2.
The requested variance is to allow a detached garage in excess of 600..
square feet to be located on the subject property. It is the intent of
the Applicant to locate the garage with a five foot rear yard setback;
instead of the normally required 15 foot rear yard setback. The proposed
i
site plan showing the location of the building was admitted as Exhibit 3 s
and is attached hereto as part of these findings.. r'
3.
The Edmonds Community Development Code requires that detached buildings ?
of 600 square feet or more are to observe rear yard setback standards of
15 feet. It is from this requirement that the Applicant seeks the
proposal.`
4.
The.Applicants property consists of 8100 square feet. Currently on site
are an older residence and two smaller detached structures. The two
smaller detached structures would be removed if the variance is granted
and the Applicant constructs the proposed garage.
5.
The subject property is level with no severe slopes.
6.
The surrounding properties are basically single family residential. The
property to the east of the subject property is undeveloped.
7.
In order for a variance to be granted within the City of Edmonds the '
criteria as listed in Section 20.85.010 must be met. These criteria:-
include:
a. Special circumstances, relating to the property must exist
necessitating the variance;
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b. The required variance must not result in a special privilege`
being granted to the Applicant;
c. The variance must be consistent with the Comprehensive Policy -
Plan of the City of Edmonds;
d. The variance must be consistent with the purposes of the zone
district in which the property is located; 4
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e. The variance must not be significantly detrimental to the public
'
health, safety or welfare nor, injurious to the.property or the
improvements in the vicinity of the same zone; and
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f. The variance must be the minimum necessary to allow the same '
rights enjoyed by the other property owners in the same zone.
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Findings and Decision a, the
Hearing Examiner of the 'City of Edmonds 'T,F
Re V-9-83 �x
Page 3 N
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8'. The City of Edmonds has recommended denial of the proposed variance and
the location of the garage as shown on Exhibit 3. The reasoning of the
City in recommending this denial was that this is not, the minimum necessary r
to allow the same rights enjoyed by the other property owners in he .,same
zone.
9. The City of `Edmonds, in submitting a recommendation of denial, proposed
an alternative for the location of the garage. According to the City
proposal the garage would be located in the southeastern corner of the
property. The garage would be in an east/west configuration and -Would
require a five foot rear yard setback. According to the 'proposal the
city access to the garage would be provided behind the house
10. The Applicant objected to the proposed location of the garage as sub-
mitted by the City claiming that there was a 16 inch diameter cedar
tree that is located near the location of the City's proposal. The
placement of the garage would result in either the destruction of the
cedar tree or damage to the roots.
11. There is _room located behind the existing house on the subject property
to place the garage. However, this would.result in turn -around difficul-
ties ,and it would also result in a dead space of approximately<15 feet
from the rear property Tine to.the rear of the garage.
12`. Properties in the area have multi -bay garages. It isthe intent of the,
Applicant to have a multi -bay garage on the property.
13. If the garage were located in the location as proposed by the City'
the view of the adjoining property owner to the :south would be effected.
According to the testimony of the property owner to the south (Althea
Handran) the best location for the garage is as proposedinExhibit 3.
14. The zoning classification for the subject property is RS-6.
15. The Comprehensive Policy Plan Map for the City of Edmonds designates the
subject property as low density residential.
16. No other adverse testimony was received on the request.
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Findings and Decision of the
Hearing Examiner of the City of Edmonds
Re: V-9-83 v„
Page 4
L �
CONCLUSIONSi`'
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1. The application is`for the approval of a variance for property that zY
is located at 1013 3rd Avenue Sbuth, Edmonds, Washington. The
requested variance is to allow a detached garage that is in excess of
600 square feettobe located on thesitewith a five foot rear yard tr.'
setback instead of the required 15 foot rear yard setback.
2. The requested variance will be consistent with the zoning ordinances
of the City of Edmonds and the RS-6 zone property.
3. The requested variance will not substantially conflict withthe goals and
policies of the Comprehensive Policy Plan Map of the City of Edmonds.
4. Special circumstances.exist necessitating granting of a variance. The
special circumstances include the limitations of the property for the
location of a garage. These limitations include the potential destruct-
ion of a majestic tree and difficulties with turn -around and dead space
if the variance is not granted►and►the Applicant is required to.adhere to
the standards of the Edmonds Community Development Code.
5. The granting of the variance will not be a special privilege in that other
property owners in the area have multi -bay garages and the location of the
garage will be the most beneficial to the adjoining neighbor.
6. The granting of the variance will not be detrimental to the public health',
safety or welfare nor be injurious to the nearby property or improvements.
7. The requested variance is the minimum necessary to allow reasonable use
of the subject property.
8. The Planning Department of the City of Edmonds has not recommended approval
of the requested variance as sub mitted by the applicant.
DECISION
Based upon the findings of fact and conclusions, the site visitation, and the.
testimony and evidence submitted at the 'public hearing, the Hearing Examiner of
the City of Edmonds hereby grants the requested variance of the Applicant. The
specific variance that is granted is to allow a detached garage in excess of 600
square feet to be located at 1013 - 3rd Avenue South, Edmonds, Washington, and
to have a five foot rear yard setback instead of the normally required 15 foot
setback. This variance is granted subject to the following conditions:
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