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1048 WALNUT ST (2).pdf4 i { l r 3 t _ � CITY OF EDMONDS BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE F7—'. # V —So `71? DATE / 0 - -7 5/ FEE 1�2-5. 0t7- RECT # � S APO' S HEARING DATE: 1 JQT -7 Q' APPLICANT Mel Steinke ADDRESS 620 Edmonds Way CITY & ZIP Edmonds 98020 PHO14E 776-2128 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Purchaser LOCATION OR ADDRESS OF PROPERTY Located behind 21214. - 96th Ave. West LEGAL DESCRIPTION OF PROPERTY N.E.4 of Section 25, T. 27 N. , R. 3 East, W.M. VARIANCE REQUESTED: Allow access to seven lots on a private easement. FOR OFFICE USE ONLY USE ZONE: h ` 6 ZONING ORDINANCE REQUIREMENT: STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) Signature o A)2Rx%3 %%y'MMx' xX Representative On this date, before me, the undersigned, a Notary Public in and for the Sta of Washington, duly commissioned and sworn, personally appearedic�R�� 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 this /�Z''' day of , 19 Z q Notary Fu lic in and for the State of Washington am • DECLARATIONS OF APPLICANT 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 4 development of your property? Except for the existing easement, no other point of access is available to the subject parcel. 2. How does your property differ from other property in the same vicinity? Access which would allow development according to existing zoning E. is not presently available. 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? i. No 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? I The property could not be developed in accordance with the lot size denoted in the RS-6 zone. rty without the variance 5. Can you make reasonable use of your prope? Pnt status, Without the variance, the situation wouldreverttothewherein four 2arcels have access to the easement. This would limit ;he property owner to, at best, one building site, provided a variance for four lots accessing onto a private easement were granted. ■ t Rec� ord of Findings of Fact by Board of Adjustment The Board of Adjustment for the City of Edmonds finds in the case of File No. .request for variance at the following: 1. That notice was given according to Code requirements, and Affidavits attesting to same { ti are in the file. 2. That the foregoing set forth Standards and Criteria each have/have not been met. :F 3. In addition that i f, 4. Therefore, the request for variance is Denied/mod, subject to the following special conditions: S A i 3 5. Section 12.16.110 "----and if a building permit and/or occupancy Fermi t is not obtained for the subject property within shallear from the date of be automatically nullhend voids -decision, the con - di ti onal use permit or variance � 6. Decision shall be effective on: �� (� Ua e i DATED — C4maardo tment DATA Date of Application: p�- �� Date of Hearing: Date of Publication: �' Continuances: Date of Posting: Date of Appeal from Decision of the Board: OW 1.J 41 , Y:�•, q,{. +,� ? + r' � � is 4 of urvol r 4 a� 4-if r V 1 ,�" 4 rl. '♦� ' '' � i o ' lY Sees 5 T47i� R3E LVLi ''y'`' x►i!ti m r f $ Was%it�frtou scale '11! ,,:fit a ;* ♦CORO \ +t III t;I Iro IF T 30 r r+ 1> { I ? SJ � '1. it�♦l.: rl� 1.�. ���a♦d `51� � �' . , \\G ' Y1 ' a ` 1-'1yr .� :.., ♦ S C ,f`+CT� t 1�i"i, • , a' . .t' , . IaO4 _ `' f • f`i 4 '. ♦ ' 1 t Y t�'i' jM i yt ,�j `1 F ����J'*'or „•lIL 1 }f� 1, 5 _f It ' nj }t.. 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I �� i jjj ( { � � � 1'� 3 , rif jl ?l, .. : w• b'•I L..� > 1.•� fL. ,Y ( t Z hereby cartit,r that Ltii9 pint r© ��reN rlt,a '• t, ; f; A' �( �n uctutil :jurvey ...nd t.r..t :.ot coine'rs hind bee.. :�. • ^ f1s� � v �1 1 � , Y •y � 1 l V ,r � � � •'1. ''77 1'��1•{ire �`'!• "�� ..... ..._._,._ _ m -�s i�" ;�. .'.. I I � i EN I MICH�EL JANKS. , AM A. , .G. N WST . LTO WEes SKE T ' U(2 Y. D v 1 85.00, 65.00' . Q Z ok ROBERT B. r` 61120 n o t� FOWLER 61i2 85.00 ' 85.00 WILLIAM C. 55.00' coi 30,p i� 55.00' ICEEGAN -, w F- 1— tu A 1& 1- O JOHN L• ` "� alai 3 r, ZIMMERMAN 6086 P 110' 101 6000° 75-00 R1 T� 55-00, do 30_-1NGfc'E,�iS ,—EG2ESS , E UTILITY ESM'T.—r" ESTERSERG �Avtr� R. BR1JpVrK HAROLD J. g HELEN M . TRIPP 1 � I aHORT SUBDIV1510N F'OR MEL STEINKE 60" w D z W h 45' I SCALE: 1"= EO' OCTOSEP , 1979 POiz—rioN OF N•W. '/4 OF' N•E • 1/4 OF SECTION 25, T. ' 27 N. I Iz. 5 E. , W. M. EDMONDS , WASH1NGTON r�411'en P. 4 �4c`S G��' , 3 i NM•• ' � Lend S J �! f fc•ai�oy, J GERALD W, LOVELL. P.L.S, 1 ' JURGEN P. SAUERLAND, P.L.S. LOUIS F. CAVIEZEL, P.E. L®yell-�auerland & associates, Inc. E11`In!!n • Surveyorf • DeVdOPmlOI COfISUll�nlf • Pl�nnen October 19, 1979 "'` i ;;. ;:, Edmonds Planning Department Civic Center 250 - 5th Ave. N. Edmonds, Wa. 98020 Re: John Palm Short Subdivision The names and addresses of the persons owning property adjacent to or within eighty feet of the subject short subdivision are as follows: Harold J. Tripp Mr. Esterberg 21222 - 96th Ave. W. 1027 Spruce Street Edmonds, Wa. �98020 Edmonds, Wa. 98020 William C. Keegan G.G. Newstrand 1012 Walnut 1054 Walnut Edmonds, Wa.. 98020 Edmonds, Wa. 98020 John L. Zimmerman James A. Hurley 21214 - 96th Ave. W. 1050 Walnut Street Edmonds, Wa. 98020 Edmonds, Wa. 98020 Robert B. Fowler Frank Taskett 21208 - 96th Ave. W. 1048 Walnut Street Edmonds, Wa: 98020 Edmonds, Wa. 98020 David R, Brudvik Michael A, Powers 1047 Spruce Street 1046 Walnut Street Edmonds, Wa. 98020 Edmonds, Wa. 98020 Glen A. Bolton 1026 Walnut Street Edmonds, Wa. 98020 MJB/LLK Yours very truly, ��� -�-� Michael J. rown, R.S. 23106 • 100TH W. EDMONDS, WASH. 98020 PHONE 775.1593 r iN��. ., {` � . c, � ,.• � `' . � ,. �,, r: �i �. - i i ,: i �. . F . �'` �.. '. ,:. ,. is i �; �� I i ,. i- i _, c f� OERALD W. LOVELL, P.L.S. JUROEN P. SAUERLAND, P.L.S. LOUIS F. CAVIEZEL, P.E. L LOVe 11-aaueriand & ,dissociates, Inc. S Engineers Y Surveyors • Development Consultants • Planners esting a variance to The applicant is requthe regulation which lim>Ls access (onto a private easement) to threeeldobs'two rlots twhich habut existing 3.0-foot easement is being utilized Y 96th Avenue West. A third lot, owned by David Brudvik, is entitled to access, however, his property is developed s. Alsolacc n such a ay as to negate use of the ea ess isWcurrently. sementLfor _vehice+rPPt. to the south. 23106 - 100TH W. EDMONDS, WASH. 98020 PHONE 775.1593 7 e1r,%y�?Ct� ri`,, �t;:FtifJr LU�fTIT 4:, 1 i i' IT 3Jwz yt ) r' }, Ir Mr. Or Mrs. Harold J. Tripp 21222 %th Ave. West r Edmonds, WA 98020 ILI 1 x NOTICE OF HEARING PETITION FOR VARIANCE -MKf BY EDMONDS BOARD OF ADJUSTMENT All interested persons are hereby notified that Wednesday, the 21st day of November 19 79 , has been set as the date for hearing petition filed by Mp1 Steinke T'= for a variance - iu Rdd ti onal use permit to allow more than _tree homes on a private road at.1048 Walnut Street said property being zoned gS-12/RS-20 t: AY.SM12Y�7eyYt]'��•1liriX15h8�2�VS!151���• ' •. i Yt . j is Said hearing will be at 7:30 P.M. in the Council Chambers of the Civic Center, Edmonds, Washington before the Board of Adjustment. and all interested persons are invited to appear. IRENE VARNEY MORAN City Clerk, City of Edmonds FILE NO: V-80-79 PUBLISH: 11-5-79 f I } Affidavit of Publication STATE OF WASHINGTON, N. COUNTY OF SNOHOMISH, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of the EVERETT HERALD, a daily news- paper printed and published in the City of Everett, County of Snoho- mish, and State of Washington; that said newspaper is a newspaper, of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County, and that the notice .................................... NOTICE Or HEARING .................................................................................................................................... _ ! ......................................................... ... ....................... ......... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and I entire edition of said paper on the following days and times, namely: i NOV. S, 1979 ...................................................................................................................................... ............................................................................................................................... . f and that said newspaper was regularly distributed to its subscribers during all of said period Principal Clerk 6th '. Subscribed and sworn to before me this ........................ NOVEMBER 79 dayof ......................................................... ..... 19........ No "ry ublic in and for the State of Washington, 1 re 'ding at Everett, Snohomish County. ` I� 5-2-1 NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A PUBLIC HEARING WILL BE HELD BY THE ............................80gYci....0 i.../Z djo 4 ... 4 ..... AN APPLICATION HAVING BEEN FILED FOR...4•0400• . , �A • , • • • „ , , .......................................... ............................................................................. PROPERTY DESCRIPTION OR ADDRESS:JQ ...wa(n4!. , , �frop�'• , ............... ZONE CLASSIFICATION:.. TIME & DATE OF HEARING. d1i�I..Q . 17-79 TIME DAY � DATE THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC CENTER, 5th AVENUE AND BELL STREET. ANY PERSON INTERESTED IN THIS PROPOSAL MAY APPEAR IN SUPPORT OF OR IN OPPOSITION TO IT. COMMENTS CONCERNING THE APPLICATION MAY BE SUBMITTED PRIOR TO OR AT THE MEETING, IN PERSON OR IN WRITING. ADDITIONAL INFORMATION MAY BE OBTAINED AT THE PLANNING DEPARTMENT (PHONE 775-2525 EXT. 227). IN THE EVENT THE AGENDA IS NOT COMPLETED ON REGULAR MEETINGSTHE. PUBLIC AT THE SAME HEARING WILL BE CONTINUED TO THE NEXT TIME AND PLACE. FILE NO..V—. Y.O. '.�• 1.... PUBLISHED..! I :�-I.�..... The removal, mutilation, destruction, or concealment of this notice prior to the date www A R sk 0 1 'NG ® of the hearing is a misdemeanor punishable by fine and imprisonment. NOTICE OF HEARING PETITION FOR VARIANCE - XVM7ffl=X=K30= BY EDMONDS BOARD OF ADJUSTMENT All interested persons are hereby notified that Wednesday, the 21st - ay of _November has been set as the date for hearing petition filed by ,MP1 Steinke for a variance - i�i�FK�� to allow more than three homes on a private road at 1048 Walnut Street said property being zoned RS-6 . ���x1�gH3clg�Cd$iE��X�i�IA'!CX Said hearing will be at 7:30 P.M. in the Council Charmers of the Civic Center, Edmonds, Washington before the Board of Adjustment and all interested persons are invited to appear. IRENE VARNEY MORAN City Clerk, City of Edmonds FILE NO: V-80-79 PUBLISH: 11-10-79 ......... "�—.7x`7^�F.S.� . � . •-rrrar_w.way,cm.N:ttxtsmanx;cOrnlraS:ucwnrm.,w.,n,..�rn,a.rer..+,.rran.�...m..e.y..eme.«......�...�..�--.......�....._.....�........-.. .. ....... ... i a � AFFIDAVIT OF POSTER FILE N0. V-80-79 r APPLICANT Mel Steinke l Subscribed and sworn to before me this % ✓ day of 19 7f . Notary Public in and for the State of Washington residing at I 0 i STATE OF WASHINGTON, COUNTY OF SNOHOMISH, 8-2-1 ss. Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of the EVERETT HERALD, a daily news- paper printed and published in the City of Everett, County of Snoho- mish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County, and that the notice ..................................... NOTICE OF 11EARING ------------ ............................................................................•-..................................... ., 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: - NOV. 10, 1979 ................................................................................• _........._............ and that said newspaper was regularly distributed to its subscribers during all of said period. ..................................................................... -Clerk Clerk 13th Subscribed and sworn to before me this ...... NOVE 4BER 79 l dayof ............ .............1............. , j? 19..J _- lic in and for the State of Washington, Everett, Snohomish County. .. ► vt hi' .+ice I CITY OF E®MO[YOS NARVE N. HARRISON i -•r•- MAYOR (1061775-2325 CIVIC CENTER • EDMONDS, WASHINGTON 98M • I COMMUNITY DEVELOPMENT DEPARTMENT I DATE: November 16, 1979 TO: Mel Steinke 620 Edmonds Way Edmonds, WA 98020 ' PLANNERS REVIEW FORM AND STAFF RECOMMENDATION � RANSMITTING: FOR BOARD OF ADJUSTMENT HEARING 11-21-79 RE: V-80-79 AS YOU REQUESTED FOR YOUR INFORMATION: AS DISCUSSED: t a PLANNER'S VARIANCE REVIEW FORM FILE # V 90 1 9 APPLICANT: ADDRESS: D Wk/n f- ZONING: RS- StyCh/o�S ors �J�� w{t 2a ern�.nf �30-Woof VARIANCE REQUESTED:_ allb,n� nr- 2 e r,� �o.fot �orrA{t r• o W . W1 j4hi • 3 /afs worweel be ^t.w/y treat ZONING CODE REQUIREMENT: MMkw• o� 3_fy or '°" "''` ro OTHER PERTINENT FACTS: w,or•�- r awh'A// /oco.fer/ oh fl�rvs' �o v }- e i bck c. VARIANCE CRITERIA - Section 12.16.100 1. Does this amount to a rezone? No. 2.(a) Are there conditions and/or circumstances not generally applica�le to other lands in the same district?_ G nf- w%c��h+ (b) Would strict enforcement of the zoning code deprive the property owner of rights commonly enjoyed by other properties in the same district? W#,A[ol 'kf- bt---- b1e -6 s" i v b de- w 1 f -b-,: ' wi deX Pis t,w�t v�� i�- v� b l i c �l •ec/i' tr.� f-i e bq . 3. Do the special conditions result from the actions of the appl i cant?_ rt!�,,,.ed 4. Are there unnecessary hardships and practical difficulties in carrying out the provisions of the zoning code? see, SLtD 5. Will the granting of the variance be detrimental to the health, safety, or welfare of property owners in the vicinity? /1! �0f�se� '�' �'s wi da ��+m�bh- Zo ' oul •tp r Z 6. Is this the minimum variance that will make possible the reasonable use of land? 7. Will the granting of the variance generally be in harmony and compatible with this zoning code? yes. Planner's Variance Review 12/77 • t Z 4 CITY OF E0MON08 HARVE H. HARRISON CIVIC CENUR • G MtONDS. WASWNGTON is0020 s CM) "S-2323 MAYOR COMMUNITY DEVELOPMENT DEPARTMENT i DATE: December 19, 1979 TO: Mel Steinke 620 Edmonds Way Edmonds, WA 98020 TRANSMITTING: Board of Adjustment Meeting Minutes RE: ;`V 8049. AS YOU REQUESTED: FOR YOUR INFORMATION: xx AS WE DISCUSSED: FOR APPROVAL: FOR YOUR FILE: REVILW AND COMMENT: COMMENT AND RETURN: MINUTES OF MEETING: November 21, 1979 i I PLANNING DIVISION i 11. concerned about the parking, noting that employees need a place to park also. After further discussion, MRS. McGEE MOVED, SECONDED BY MR. LERAAS, TO APPROVE CU-74-79 AS IT WOULD NOT BE INJURIOUS OR DETRIMENTAL TO ADJOINING PROPERTIES AND THELBE BUILDOINGANOTLBEWITH THE USED FORUSES IN MEDICALTHE AREA, OR DENTALBUT WITH OFFICES,T�IE MOTION CARRIED. V-79-79 GORDON WAILER - Variance from the required side yard setback at 8005 Talbot Rd-TRS-20) Mr. Pearson explained that the proposal was to extend the line of the existing house which is 10 1/2' from the side property line rather than the required 17 1/2'. Slides of the site were shown. Mr. Pearson said the variance was not large and would not affect the adjoining property owner to a great degree. His only objection to approval was that it appeared that a design could be developed that would not require a variance. The public portion of the hearing was opened. Don Westlin, architect for the applicant, said when this house was constructed the 10' setback was adequate but the property was not within the City of Edmonds. He now wished to add to the house. Mr. Westlin noted that the house is not parallel to the side line and it does comply in some places. Walter Moss of 8011 Talbot Rd. asked if anything would be added to the west side of the house (the Sound side). Nothing was shown on the plan. Mr. Westlin said there would be an additional patio area included but it would cause no encroachment. The public portion of the hearing was closed. MR. LERAAS MOVED, SECONDED BY MRS. McGEE, TO APPROVE V-79-79 BECAUSE IT APPEARED THAT THE EXTENSION OF THE EXISTING HOUSE LINE WILL ENCROACH INTO THE SETBACK BUT IT WILL NOT BE DETRIMENTAL TO THE HEALTH, WELFARE, AND SAFETY OF THE NEIGHBORHOOD. MOTION CARRIED. V-80-79 MEL STEINKE - Variance to allow more than three homes on a private road at a nut St. (RS-6) This private road is a 30' wide easement and four lots potentially could use the easement without the proposed subdivision of four lots. Mr. Pearson said 30' was an adequate pavement width to accommodate even seven homes if all were to use it. The Engineering Division had no objection, and Mr. Pearson recommended approval. He showed a slide of the site. The public portion of the hearing was opened. Mike Brown, representing the applicant, said the short subdivision had been approved subject to the granting of the variance and all City requirements would be met. Mr. Pearson noted that there was a letter in the file from Helen Tripp objecting to the proposal. David Brudvik of 147 Spruce asked that the application be denied because approval would cause traffic to increase very much. He has a pool and he said his privacy would be invaded. Helen Tripp said she had written a letter to protest this because of the increase in traffic. She felt three lots in the subdivision would be enough and two would be better. Chairman Roy then read her letter which objected to an increase of traffic on the private road. Mel Steinke, the applicant, said he was acting for a Mr. Palm, the owner of the land, who Mr. Steinke said is the person who owned the land and sold to the people now in the area. He was asking for four lots because the area is zoned for 6,000 sq. ft. lots. Mr. Steinke said easements were existing in 1955 and the owner just wanted that to which he was entitled. Chairman Roy stated he had lived in this area and moved away in 1959 and he had built the Tripp house, but he had no further involvement with that property. City Attorney Martin asked if anyone present objected to the fact that Mr. Roy had been involved with that property prior to 1959. There was no objection. Jurgen Sauerland of Lovell-Sauerland and Associates stated there would be 18' of asphalt for the road. He noted that when the property was subdivided in the past there was only a 30' access easement, and if that easement had been 40' there would be no problem now. Mr. Brudvik asked where the utilities would run and Mr. Sauerland responded that it was not yet determined. He said the individual water service lines would be run through the easement but it had not yet been resolved whether it would be on the north or south side of the easement. Mr. Brown said this was the only viable access to the property; they had looked for alternatives but there were none. Mrs. McGee asked if an easement BOARD OF ADJUSTMENT Page 4 - November 21, 1979 ^N"y can be paved without the permission of the property owner involved. She was told that in the transfer of the deeds easements were reserved for the specific purpose of access. Mr. Roy added that the easement had been existing when he lived there and he noted that they could have three lots without a variance --that the variance was to have four lots. Mrs. Tripp then stated that John Zimmerman, an adjacent neighbor, had been present earlier but had to leave for another appointment, and he also was opposed to the granting of the variance. The public portion of the hearing was then closed. Mr. Byrd commented that it appeared they were dealing with an issue of density which is a difficult issue. Mr. Pearson said at least three, and possibly four, lots now have the right to use the easement. Mr. Sauerland interjected that the easement says access to that property and does not specifiy how many lots. Mr. Byrd asked how large the Budvik lot is and was told it is .7 of an acre, approximately the same size as this parcel, and Mr. Byrd noted that Mr. Brudvik could remove his house and then also subdivide into four lots. Pam Brudvik asked if the rule for three houses on a private road wasn't made for some reason, and Chairman Roy advised her that the rules say you must have a variance for more than three on a private road. He also noted that the Zimmermans, Tripps, and Brudviks have other access but do have the right to use the easement. Mr. Pearson said there are six properties which could use the easement now and they are proposing to divide two lots into four lots, so there would be a possible eight on the easement where there are now six. He went on to say that the reason for limiting three homes on a private road was because the City Council did not want to allow large subdivisions on private roads, and that developed from the Emerald Hills subdivision which had private roads and then later asked the City to take over the roads, and the Council did not want to be put in that position again so they made this policy. Chairman Roy noted that although the lots may meet the 6,000 sq. ft. requirement, they will be the smallest lots in that area, but on the other hand, 6,000 sq. ft. zoning usually is adequate on which to build a house. MRS. McGEE THEN MOVED THAT'V-80-79 BE DENIED BECAUSE IT WILL NOT BE IN THE BEST INTEREST OF THE NEIGHBORHOOD IN THAT IT MAY BE MATERIALLY DETRIMENTAL TO THE OTHER PROPERTY OWNERS IN THE VICNITY, AND BECAUSE THERE COULD STILL BE TWO LOTS ON THE SITE AND AND THEY COULD STILL MAKE USE OF THE LAND WITH THE PRESENT EASEMENT. MR. BYRD SECONDED THE MOTION ON THE BASIS THAT THE THREE LOT MAXIMUM ON A PRIVATE ROAD WAS A CRITERIA THAT THE CITY COUNCIL IN ITS WISDOM HAD ENACTED; AND WHEN THERE IS A CONFLICTING SITUATION SUCH,AS.THIS, IT APPEARED THAT THEY SHOULD BE FAIR :TO THE MAJORITY OF THE CITIZENS, AND THE MAJORITY OF THE CITIZENS OF EDMONDS, THROUGH THE CITY COUNCIL, CAN CHANGE THIS IF THEY WANT; AND THE CITY COUNCIL MUST HAVE HAD SOME PURPOSE IN ENACTING THIS LEGISLATION. THE MOTION CARRIED. A short recess was announced. V-81-79 DENNIS HANIA - Variance to allow RS-12 zone district regulations to extend into a cent RS-20 zoned property, east of 76th Ave. W., at approximately 175th St. S.W. (RS-12/RS-20) Mr. Pearson said the applicant is allowed to use the lower restrictions for 30' into the higher, but the application was to extend that to 851. It would have the effect of moving the boundary of the lots back to the base of the slope. The applicant had designed a subdivision that would fit within the existing lines but the lots would be small and there would be some problem with drainage. He recommended approval of the variance request because it appeared to be a more logical way to divide the property and surrounding properties would benefit by the lots being larger. The public portion of the hearing was opened. Bob Stevenson of Reid, Middleton & Associates, representing the applicant, said they could design three 12,000 sq. ft. lots within the limitation but it would be inconsistent with the overall plan for the property and would be detrimental to the neighborhood because of the small lots. The public portion of the hearing was closed. MR. LERAAS MOVED TO APPROVE V-81-79 DUE TO PRACTICALITY OF LARGER LOTS FOR DESIGN OF DRAINAGE AND THE MORE DESIRABLE BUILDING LOTS CONFORMING TO THE SURROUNDING AREA, AND BECAUSE IT WOULD NOT BE DETRIMENTAL TO THE NEIGHBORHOOD OR TO THE SAFETY OF THE NEIGHBORHOOD. MR. BYRD SECONDED THE MOTION AS IT RELATED TO SPECIAL CONDITIONS HAVING TO DO WITH THE TOPOGRAPHY OF THE PROPERTY. THE MOTION CARRIED. BOARD OF ADJUSTMENT Page 5 - November 21, 1979