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CITY OF EDMONDS FEE
HEARING EXAMINER RECT
APPLICATION FOR VARIANCE APO'S
HEARING DATE:
APPLICANT,Dvu7✓a �aF1�G12S' ADDRESS f 2/2,a f�v►e...Sc�
CITY & ZIP PHONE
INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY
LOCATION OR ADDRESS OF PROPERTY �S ,.tit •3 47,9
LEGAL DESCRIPTION OF PROPERTY ,Sf"f ?TfG/���� �/�?` /.9.r/•
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VARIANCE REQUESTED:
rd�r`Cp" 3 rr y �/Z /�! �j�12F Si�LIC1�1biM c'S ���-t' Wile.
i FOR OFFICE USE ONLY: USE ZONE: --Co
ZONING ORDINANCE REQUIREMENT:
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 attendant to this application.
Signature o Applicant, Owner or
Representative
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DECLARATIONS OF APPLICANT?
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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? r;
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2. How does your property.differ-from other property in the same
vicinity?
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3. Will this variance be detrimental to the public or damaging to
other property or improvements in` the vicinity?
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4. What hardships will result to you if the variance is not granted?
Will these hardships have been caused by your own action?
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5. Can you make reasonable use of your property without the variance?'
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ADJACENT PROPERTY
OWNER LIST
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PLEASE LIST ALL STREET ADDRESSES
OF RESIDENTS OF PRORERT'Y
WITHIN 80 FEET OF THE PROPERTY LINES
OF THE SITE. ALSO
LIST NAMES AND MAILING ADDRESSES
OF OWNERS OF THESE SAME
S ( INFORMATION MAY
PROPERTIES. IS TH
BE OBTAINED FROM THE
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COUNTY ASSESSORS OFFICE IF A
BANK IS LISTED AS OWNER.,'
PLEASE INCLUDE LOAN NUMBER NEXT
TO INDIVIDUAL �S_NAME)
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STAFF REPORT TO THE HEARING EXAMINER
FILE V- 22�- 84
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HEARING DATE : October 4, 104 .
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REQUESTED ACTION-,
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Variances to reduce the required street
setbacks r
from '20'-to 3' on SR104, and 9' on 3rd.
Ave. S.
for a garage'at 1074 3rd Ave. South.
'
II.
APPLICANT/OWNER:
's
David Pedersen
1074`3rd. Ave. S.
Edmonds, WA 98020
III.
LEGAL DESCRIPTION:
See Exhibit
IV.
STAFF FINDINGS AND CONCLUSIONS:
A. Description of the subject property
and
surrounding area
The subject property is an irregularly
shaped f
lot located on the northwest corner of
SR104,and
3rd Ave. S. The lot contains approximate
y 12,6751.
square -feet. There is a signle family
residence
located on the property.
Surrounding; development is all single
family �
residential with the exception of SR104
to the j
south.
B. Official Street. Map Proposed R/W
Existing' RJW
EAST - 3rd Ave. S. 60
601
South - 8R104 220'
220,
C. Conformance to Chanter 20.85.010
1. Special Circumstances
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I T Y O F E D M O N O S
LARRY s NAUGHTEN
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250 5th AVE. N. • EDMONDS. WASHINGTON 98020 • (206) 771 3202
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PLANNING DEPARTMENT
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October,9, 1984
DATE:
TO: James M. Driscoll
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Attorney, at 'Law:
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100 S. King, Ste. 525u
Seattle, WA 98104
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TRANSMITTING: SIGN UP SHEETS FOR OCTOBER 43 1984
HEARING EXAMINER MEETING'; f5:`
(FILES =#V1;2284, AND #SM-1-84) '
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AS YOU REQUESTED:
FOR YOUR INFORMATION: XXX,
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AS WE DISCUSSED:
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FOR APPROVAL:
FOR YOUR 'FILE': XXX ;
r°
REVIEW AND COMMENT:
COMMENT AND RETURN:
MINUTES OF'MEETING:
REMARKS :
:.
PLANNING DEPARTMENT
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Teresa S. Quigley
cc: Colleen Betteridge:`,
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Findings
and ;Devi.. �n of the
Hearing
,Examiner of the City of :Edmonds
Re:
V-22-84 rti,
Page
2
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FINDINGS OF FACT
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1.
The application is for the approval of variances for the.
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purpose of reducing street setbacks from 20 feet to 3 feet:
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off State Route 104, and from 20 feet to 9 feet off 3rd
�.;
Avenue South, for property located at 107:4 3rd Avenue South,
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Edmonds, Washington, and more particularly described in,
Exhibit 4 attached hereto.
2.
The -subject property is an irregular -shaped lot that is.lo-
sated on the northwest cornerof;State Route 104 and 3rd
Avenue South, in the City 'of Edmonds. The lot is 12,675
square feet and there is a single-family residence located`
A;
on the property.
3
3.
It is the intent of the Applicant.to use the space within
the reduced setbacks as requested as an area for a garage.
4.
The requested space for variances i'n the setbacks is a
corner portion of the lot that was created when -State Route
104 was constructed. It is a difficult area to 'landscape,
and has no functional use for the improvement of the pro-
perty, other.than the proposed garage.
5.
The proposed garage would be south of the existing residence
on the site and the entryway to the garage would be on the
east portion of the property.
6.
In order for a variance to be granted within-the,City of
Edmonds the criteria as set forth in Section 20.85..01Q of
the Edmonds Community Development.Code (ECDC) must be met.
These criteria include:
A. Special circumstances relating to the property must
existnecessitating the variance;
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 Map of the City of.Edmonds;
D. The variance must be consistent with the purposes of
the zone district in which the property is located;
E. The variance must not be significantly detrimental to
the public health, safety or welfare, nor injurious
to the property or improvements in the vicinity of
the same zone; and,
F. The variance must be the minimum necessary to allow
the same rights enjoyed by other properties in the same
zone.
1
�xM V
Findings
and Deck __on of the
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Hearing
Examiner of the City
of Edmonds
Re:
V-22=84
Page
3
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7`.
The subject property is
located below the elevation of
3rd Avenue South and State Route 104. Thelocation of the.
garage as proposed by the Applicant will not be detrimental
to the aesthetic view of
the surrounding properties.
8.
The Comprehensive Policy
Plan Map of the.City of Edmonds
designates the subject property
as low -density residential.
9.
The subject property is
zoned.RS-8 as established�in the
ECDC.
10.
The proposed variance is
sl
the minimum necessary to allow for
the construction of the
garage and to provide for 'vehicle
turnaround space on the subject property. `
11.
The Planning Department of the City of, Edmonds recommended
approval of the requested variance claiming that the criteria.
of Section 20.85.010 have been met.
12.
The Applicant submitted that his property differs from other'
properties in the vicinity in that there isnofront yard
or garage because of the location of State Route 104 and
3rd Avenue South.
13.
The proposed garage will allow.for turnaround area, yard
space and parking ,space.
14.
No opposition testimony was received, in this matter.
CONCLUSIONS
1.
The application is for the approval of a variance to reduce,
the required street setbacks from 20 feet to 3 feet on State
Route 104, and from 20 feet to 9 feet on 3rd.Avenue South.
The purpose of the reduction insetbacksis to construct."a
garage on property located at 1074 3rd Avenue South, Edmonds,
Washington, and more particularly described as shown in
Exhibit 4 attached hereto.
2.
As built the proposed garage will be 3 feet from State Route
104,and the northeast corner will be approximately 9 feet
from 3rd Avenue South. This parcel of land is depressed in,
a manner so, that it will not be disruptive to either of these'
thoroughfares and will not create aesthetic problems.for_
adjoining properties or the travelling public.
3.
The criteria as set forth in Section 20.85.010 of the ECDC
have been met.
4.
Special circumstances exist for the granting of the variance.
Because of the location of State Route 104 and,the irregular
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MIS
Findings and Deci �n of he
Hearing Examiner of the City of Edmonds
Re: V-22-84
Page 4
ire r. @apt.
shape of the subject property,.the Applicant is limited in.
development of the backyard of his property. The location
of a garage allows for a reasonable use of the property andh�,
allows the Applicant the same amenities as other propertyE
owners within the vicinity.''+
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5. The requested variance will not be a.special privilege granted::,.,
to the Applicant.
[as
6. The proposed variance will be consistent with the goals and
policies of the Comprehensive Plan and in particular the
sections dealing with residential uses and development.
7. The proposed garage will be consistent with the RS-8 zoned'
properties within the City of Edmonds.
8. The requested variance does not impact the public health,
safety or welfare, nor nearby private properties or improve.
ments . ,.
t
9. The variance is the minimum necessary to allow construction
and provide for vehicle turnaround space..
of the .garage a p Pace
10. The Planning Department of the City of Edmonds has recommended
approval of the variance.
DECISION
Based upon the preceding findings of fact and conclusions; the
testimony and evidence submitted at the public hearing; and, upon
the impressions of the Hearing Examiner at a site view, it is
hereby ordered that the requested variances be granted The
specific requests are for a reduction of the street setback from
20 feet to 3 feet on State Route 104, and 20 feet to 9 feet on
3rd Avenue South, for property located at 1074 3rd Avenue South,
Edmonds, Washington, and the variances are granted subject to the
following conditions:
1. The Applicant is to secure all necessary building permits'
prior to any construction.
2. The Applicant is to maintain the construction site in an
orderly manner so that it is not aesthetically displeasing {
to the travelling public on State Route 104 or 3rd Avenue South.
f..
Entered this 22nd day of October, 1984, pursuant to the 'authority
granted the Hearing Examiner under Chapter 20.100 of the Community
Development Code of the City of Edmonds.
lU! '
J S M. DRISCOLL
HeVring Examiner
Arr�'Ywe✓
Findings and Decis_jn of the
,s�
Hearing Examiner of the City of Edmonds
fri ..
R'e : V-22- 84
s
Page ` 5
t
NOTICE OF RIGHT TO APPEAL
Written appeals alleging specific error of fact or
other .grounds ,_
for appeal may be filed with the Planning Department,;City.of
Edmonds, Civic Center, Edmonds, Washington, 98020,
within fourteen;]
(14) days of the date of the Hearing Examiner's final action.
In this matter, any appeal must be received by the
Department µ
prior to 5:00 p.m. on November 5th, 1984.
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CITY OF EDIVIONDIS.4�{
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NOTICE OF PUBLIC HEARING r s
THE HEARING EXAMINER WILL HOLD A PUBLIC HEARING
THURSDAY, OCTOBER 4, 19 84 , ON THE FOLLOWING APPLICATION:
FILE NO. V-22-84
VARIANCE TO REDUCE THE REQUIRED STREET SETBACKS FROM 20' TO
3' ON SR104 AND TO ' 9' ON 3RD AVE, S FOR A GARAGE
PROPERTY ADDRESS AND LOCATION 1074 3RD AVE, S.
ZONE DISTRICT RS-6
THE HEARING WILL BEGIN AT 7 -7�CLP -M., IN THE PLAZA MEETING ROOM, LIBRARY E:
BUILDING, 650 MAIN STREET, EDMONDS, WASHINGTON. 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 PLANNING
t;
DEPARTMENT AND INCLUDE THE ABOVE FILE NUMBER. j
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 PLANNING DEPARTMENT, 250 FIFTH AVENUE
NORTH, EDMONDS (PHONE 771-3202, EXTENSION 252).
t THE REMOVAL, MUTILATION, DESTRUCTION, OR
CONCEALMENT OF THIS NOTICE BEFORE THE DATE
WARN I N uAgo" ® OF THE HEARING IS A MISDEMEANOR PUNISHABLE
BY FINE AND IMPRISONMENT.