1141 EDMONDS ST (2).pdfAPPLICANT:
Indicate t-yp,�� _or degreee ofnumco g
CITY OF EDMONDS
EDMONDS, WASHINGTON
APPLICATION TO BOARD OF ADJUSTMENT
FOR CONDITIONAL USE PERMIT
File No CC)
Datq_-'�Arl
Fee $25.00
Rec't No; (ILL?
HEARING DAT%
_PHONE. 7%_..7 ff-3 ;'-.7,
in the property:
ADDRE5S PNONE• 'x 2—
LOCATION OF PROPERTY(ADDRESS): Illeyl4•
LEGAL DESCRIPTION OF PROPERTY:
To be completed by the Planning Dept: Use Zone. Legal Legal description checked and
approved by:
Date:
VICINITY SKETCH: PLEASE SHOW BELOW A VICINITY SKETCH AS PER EXAMPLE, INDICATING NORTH.
Example:
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(`STATE Ot tISNOHOMISHASHINGTON ss.�
COUNTY 0'r SROHO�iISH)On this date, before me, the undersigned, a Notary Publi n and f of
Washingtun, duly commissioned and sworn, personally appeared
,who being duly sworn, on i�/her oath deposes that
(s)he has prepared and read the foregoing statements and has acknowledged to me that the
recitations contained therein are true, and has signed this instrum nt as *A*/her free and
voluntary act and deed for the purposes therein mentioned.
Subscribed and sworn to before me this_oZ%"" clay of 19
JYJ
NOTARY- PUBLIC, toin and for the St of
Washington, residing atE,
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APPEAL PROCEDURE
12.16.130 W The action of the Board of Adjustment shall be f and conclusive
unless, within ten days from the date of action taken by the Board of
Adjustment at a public hearing, the original applicant or an adverse party,makes
application to the Superior Court for Snohomish County for a writ of certiorari, a —
writ of prohibition, or a writ of mandamus. (Ord.1554 (part), 197% Ord. 1546(3) 1971:
Ord. 1372 (1), 1968: Ord; 1074 (part), 1964.)
CITY or EDMONDS
APPLICATION FOR CONDITIONAL USE PERMIT
G. To ensure the establishment of the above conditions, the Board of Adjustment
shall have the authority to require and approve a specific plan and to increase
the requirements as set forth above, but in no case shall the Board have the
authority to decrease the requirements of this Ordinance for any use in the zone
In which such use proposes to locate. Any such decrease in the requirements of
this Ordinance shall only be granted upon the issuance of a variance.
Record of Findings of Fact by Board of Adjustment
of.Adjustment for the City of Edmonds fin he case of
The, ini
'Zrd
File No. request for Condi-
;ts
tional Use rmit as described therein, the following:
1. That notice was given according to Code requirements, and Affidavits attesting to,
same are in the file.
2. That the foregoing set forth Standards and Criteria each have Aveve-4Wt been met.
( 6-1
Dated 1-r
Chairman, Board of Adjustment
DATA
Date of Application: 9/01/28 Date of Hearing: n)
Date of Publication: /0 Continuance's:_
Date of Posting: 1AA
Date of Appeal from Decision of the Board:_
Secretary, and of Adjustment
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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
"
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FILE NO: CU-46-78
PUBLISH:
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Affidavit of Publication
BTATz of WASHINGTON,
cOVNTY OF SNonomSX.
B-2-1
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Fi PUB
NOTICE LIC H1
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A IT,
PUBLIC HEARING WILL BE HELD BY THE
.................
HAVING BEEN FILED A N APPLICATION EDFOR .00.441 �4#1-49L..
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PROPERTY DESCRIPTION OR ADDRESS:.. 114! .... FVawds.. fi!' �'`}'
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ZONE CLASSIFICATION:. ...................
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1.",.;7IME &DATE OF HEARING
TIME i DAY DATE V.
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;1`71-!E MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC
ir CENTER, 250 - 5th AVENUE NORTH. ANY PERSON INTERESTED IN THIS
t.,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 DIVISION (PHONE 775-2525 EXT. 227) IN THE
EVENT THE AGENDA IS NOT COMPLETED ON THE ABOVE DATE, THE PUBLIC
�-.'HEARING WILL BE CONTINUED'TO THE NEXT REGULAR MEETING AT THE SAME
TIME AND PLACE.
PUBLISHED. 107,2-. 771
FILE NO..
...........
"'THIS P0rvr R MAY BE REMOVED AFTER! � �-7
.USE The removal, mutilation, destruction'or
concealment of this notice prior to the date;
of the hearing is a misdemeanor punishable,
",WARNING.I.
by fine and Imprisonment.
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50
CU-45-78 BILL BLUME VOLKSWAGEN - Conditional Use Permit for automobile storage
and sale, salvage, and parts for resale at northeast corner of 205th
St. and Highway 99 (CG)
Mrs. Luster said the salvage of assorted parts had been going on
at this site for some time but the granting of the permit will allow
them to construct an additional storage building in which to house
the activity which has been growing. No complaints had been received
about the activity. This use should not increase noise, dust, odor, or
i smoke presently emitted from the site, and should in fact decrease it
as a good part of the operation will be done in a covered area. The
portion of the site this will affect is facing Highway 99 and an
on -ramp. Several hundred feet away is Doces Furniture Store and they
do not have windows looking directly on this. Screening of the site
will be required. Mrs. Luster felt the use will be in harmony with
the general area. There is an apartment building complex abutting
this property but she was unable to determine whether the use would
be detrimental to them. If it were determined that it impacted
their view then screening would be required. Mrs. Luster.recommended
approval because the use will not increase the level of noise, odor,
dust, or fumes generated from the site; because it will not interfere
with neighboring views or general traffic flow t,ecause of the lcoation;
and because it will be well screened ar4 operation will be conducted
out of the public view. The public por f the hearing was opened.
Chet Bennett, attorney, and Don Westlin, architect for the project,
were present, as well as Arne Nelson, one of the owners. Mr. Bennett
circulated photographs of the site and explained that this activity
began on a small scale in 1972 and has expanded. He said they basically
are dismantling older automobiles to fill requests for spare parts.
Mr. Westlin described the proposed addition. Mr. Bennett indicated
the State Highway Department requires an 8' fence along SR 104 which
will be slatted and screened. He said a tire store is to.the east
and the apartment building of which Mrs. Luster spoke is a pre-existing,
nonconforming unit and all of the units face east so none look onto this
property. Mr. Bennett added that since 1972 they had authority to have
this activity as long as it was incidental to the principal business.
Mr. Nelson added that this activity is a secondary interest and they
want it to be aesthetically pleasing and not a bad influence on their
primary business. He said they feel there is a real need for this.
The public portion of the hearing was then closed. Mr. Hatzenbuhler
observed that with the elevation and a screening fence there should be
no problem. The applicant was asked if there would be any additional
landscaping. He responded that the building will be mostly on Highway
99 and will obscure anything there. MR. HATZENBUHLER MOVED, SECONDED
BY MRS. DERLETH, TO APPROVE CU-45-78 AS IT MEETS THE CONDITIONAL USE
PERMIT CRITERIA, IT WILL NOT ENDANGER THE PUBLIC HEALTH APID WELFARE,
AND THE USE WILL BE APPROPIRATE FOR THAT AREA. MOTION CARRIED.
CU-46-78 NICK M. KELLY - Conditional Use Permit for amateur radio antenna,'at
lU Edmords;St.` (RS-12)
Mrs. Luster stated that the radio antenna, installed on the roof of
the Kelly residence, is used in their business. Mr. Kelly is a fisherman
who makes trips to Alaska and uses the antenna to contact Mrs. Kelly when
he is out on the boat. Mrs. Luster displayed photographs of the antenna. i
It is visible and could be in someone's view. Other antennas, such as
TV antennas, have no restrictions, and this type of antenna is permitted
with a Conditional Use Permit. The radio antenna could cause problems
to TV reception where TV antennas are used, but the local cable TV company
said it would not affect cable television. Mrs. Luster saw no TV antennas
in the neighborhood and she indicated that if the transmission were not
EDMONDS BOARD OF ADJUSTMENT t
Page 12 - October 20, 1978
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extensive it should not be a problem to others in the area. She did
not know whether the antenna could be located'on the ground, but she
said she had been told that the higher it is the farther it can transmit.
She did not have a recommendation. The public portion of the hearing
was opened.
Sharon Kelly said her husband contacts her by radio once a day and
she orders parts for him, but she uses the radio late at night. Mayne
Hall of 1140 Edmonds St. said his home looks down on the Kelly's roof,
and antenna, the antenna being right in the middle of his picture
window, and the antenna has four guy wires. He asked if there might
be an alternative way to attach the antenna or an alternative site.
He said Mr. Kelly was due to return in November and he thought possibly
he could talk to Mr. Kelly then -about alternatives. Mrs. John Carter
of 1100 Edmonds St. said she is located in the opposite corner from
this. She said she, also, had been a housewife with children and ;`..
her husband away, but she had used the telephone through the marine `
operator to contact him and had not disturbed anyone. She said she
gets snow on her TV picture and part of it blacks out between 5:00'and
7:00 p.m. and if it continued and got more frequent it will he more J,'
bothersome. She said Mr. Kelly could also contact his wife through the
marine operator. Mrs. Kelly responded that she does not Use the radio -
Until' 1-1:00 p.m. so it was not her antenna causing the problem. Mrs.
Luster said she had noticed other antennas in the area. Laura Hail j
of 1140 Edmonds said the antenna is in two partsandappears to be. i
15'- 20' high and it has four guy wires which when the wind turns them i
are a bright copper. All of this she said is in their prime view. She
asked if the antenna could be built to the side or in the back yard.
She also questioned the use of it for a business. She noted there had
been no posting for this hearing up the hill. She said she had been
having snow on her TV and their TV is not on the cable, but two of
her neighbors on cable also were having snow. Mrs. Kelly said she has
cable TV and has had no problem with it. Mr. Hovde noted that the
neighbors were not objecting to the Kellys' having the antenna, but
to the view obstruction. Mrs. Kelly said that the man who installed
it had told her it could be attached to the chimney without guy wires.
The public portion of the hearing was then closed.
Mr. Bailey commented that he thought a flag pole with a whip antenna
on top could do the job and that would do away with the guy wire situation.
He suggested something like that should be worked out, and the Board was
in agreement. MR HOVDE P10VED, SECONDED BY MR. HATZENBUHLER, THAT CU 46-7,8
,BE C,ONTINUED;.TOzNOVE16ER 15;;1976.' f0 6IVE.7HE, PARTIES AN OPPDRj�NITY' To, 'a`
'FIND';•AN'ALTERNATIVE SOLUTION`FOR h RADIO;'ANTENNA. MOTION CARRIED. , '?'
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PLANNER'S CONDITIONAL USE PERMIT REVIEW FORM 4lCJ—l!!
/FILE
APPLICANT: %Z),C K ke /A ADDRESS: 1 I Ll / C'4 1'Y'c"ClS ,St
'
CONDITIONAL USE REQUESTED: PMi974eu r r,`O:i b t9ru-(-- /U/tl,,g
ZONING CODE REQUIREMENT: q /jOtj1Pd U
OTHER PERTINENT FACTS: , Lc�S S �cX' iJ L) 5 ,'AJe
CONDITIONAL USE PERMIT CRITERIA - SECTION 12.16.080
i
1. Will the proposed use endanger the public health, morals and general welfare if located
where proposed and developed?Jj
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YES/NO
2. Does the proposed use meet all required conditions set forth in the zone where it pro-
poses to locate; including the general provisions? /} /y
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YES/NO or l L'r j�n r �-c �� r c ,,,, �.�'� no
P
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3. Will the use be in'urio s or detKimental to adjoini g or attin property? Is use
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public ncessity?
YES/NO
4. Will the proposeg location and character of the use be in harmony and compatible with
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the area in which it is to be located as set forth in Cha ter 12.13 and th Comprehen-
sive Plan?Q_
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YES/NO
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5. Conditions to be imposed preceeded to establishing the use:
;
(a) Increasing requirements established by this Zoning Code.
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(b) Stipulation of exact location as a means of minimizing hazards to life, limb,
property, erosion, landslides or traffic,
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(c) Structural features or equipment established to implement "b" above.
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(d) Conditions deemed necessary to establish parity with uses permitted in the same
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zone in their freedom from nuisance generating features such as: noise, odors,
air pollution, wastes, vibration, traffic, physical hazards.
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6. Do the conditions recommended decrease the minimum requirements of the Zoning Code?
(If so, a variance is required.) 1U0
YES/NO
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Mr. Hovde commented that more than costs, quality of living must be
considered. He said it is a fact that if you put a house. in a.hole
you lose a degree of quality of life and to only see sky straight up
is not quality of living. He noted that this is not a heavily traveled
area and the people who live there like their privacy, and although E everyone likes to see nothing happen to undeveloped property, that cannot
be. He felt this would be good use of the property. Mrs. Derleth asked
where the street ends and Mr. Roy explained. MRS.STOLE MOVED, SECONDED
BY MR. LERAAS, TO APPROVE V-77-78 BECAUSE IT IS A MINIMUM VARIANCE AND
WILL NOT AMOUNT TO A REZONE, AND BECAUSE THERE ARE SPECIAL TOPOGRAPHICAL
CONDITIONS IN THIS AREA; FURTHER, THAT MORE PROFITABLE USE OF THE LAND
IS NOT A CONSIDERATION. MOTION CARRIED. Mr. Roy returned to the rostrum.
CU-46-78 The applicant was not present. MR. ROY MOVED, SECONDED BY MR. HOVDE,
TO MOVE CU-46-78 TO THE END OF THE AGENDA AS THE APPLICANT WAS NOT
PRESENT. MOTION CARRIED.
AGENDA
V-68-78 LOUISE ZENNAN - Variance for 19'4 driveway on south side of building
at 19515 80th Ave. W. (RML)
Mrs. Luster said the Code requires a 20' traffic aisle in this zone
and the applicant does have that width at the ingress/egress point but
it narrows on the site. It would not be a rezone. There is an existing
house on the site and the applicant wished to build a four -unit structure
behind it. The existing house limits the layout, and it would be*extremely
difficult, if not impossible,to develop the site without a variance. Sur-
rounding properties are developed in RM so the use is consistent with
other uses in the area. Mrs. Luster did not feel traffic would increase
the noise to the surrounding properties. The Staff recommended approval
because it was a minimum variance (8") to allow for reasonable use of the
land; it would not be detrimental to neighboring property because of noise.
from the type of use on the site; and it would not create a traffic problem
on the site or endanger those using the public right-of-way. Under this
plan there would be no vehicles backing onto 80th, and this site plan had
been approved by the ADB. The applicant had been granted a previous
variance on this property, but with a different site plan. That site plan
had not been approved by the ADB. She will have to conform to the site plan
which has been approved by the ADB, so for all practical purposes the other
variance will be void. The public portion of the hearing was opened, no
one wished to speak, and the public portion was closed. The Board was in
general agreement that this was a minimum variance. MR. HATZENBUHLER MOVED,
SECONDED BY MR. ROY, TO APPROVE V-68-78 BECAUSE IT WILL NOT ENDANGER THE
HEALTH, WELFARE, AND SAFETY OF THE NEIGHBORHOOD AND BECAUSE IT IS A REASON-
ABLE REQUEST AND A MINIMUM VARIANCE. MOTION CARRIED.
The applicant for CU-46-78 had arrived just as the previous hearing was
beginning, so MR. ROY MOVED, SECONDED BY MRS. DERLETH, TO HEAR CU-46-78
AT THIS TIME AS THE APPLICANT WAS NOW PRESENT. MOTION CARRIED.
CU-46 NICK'M. KELLY - Conditional Use Permit for amateur'.radio ",aenna at
Edmonds St: (RS=12).
Mrs. Luster stated there had been some concern at the previous hearing
from neighbors as the antenna was in their prime view. She said the
Staff felt that the antenna, as such, was not a great hazard, but that
a view obstruction in the City of Edmonds is an important consideration
since much property in Edmonds is view property of some sort and a minor
view is worth approximately $3,000. The Staff felt it would be beneficial
to the neighborhood if the antenna could be located to one side or the
other of the property. Mrs. Luster had been unable to contact Mrs. Kelly
to find out the possibilities of suggestions made. Chairman Bailey asked
EDMONDS BOARD OF ADJUSTMENT
Page 3 - November 15, 1978
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CU-48-78
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if there had been a meeting of the neighbors regarding this matter.
Mrs. Kelly responded that if there had been, she had not been there.
She said the antenna had been moved somewhat to the side and it was
a different type of antenna from that installed previously. The new
one is similar to a TV antenna and has no guy wires. The public portion
of the hearing was then opened.
Sharon Kelly said she had discussed this with her husband and he indicated
that he could not reach her through the marine operator, that the nearest
one is KMI and they would have to go through California. The radio they
have is high frequency with a single side band and it cannot connect to
influence TV reception. The antenna installer had said it could not be
put in a tree because it has to be anchored a certain way. No one else
in the audience wished to speak, and the public portion of the hearing
was closed. Mrs. Luster commented that there is a similar antenna in the
area to that described by Mrs. Kelly, Chairman Bailey commented that he
thought the questions raised at the last meeting had been answered as there
Kelly.had been very responsive and she commended Mrs. Kelly for that.
OTI THE` MON` CARRIED <'
MR. AND MRS. LEWIS SIVERLING - Variance from rear yard setback at 23705
78th P1. W. (RS-8
Mrs. Luster said the applicants were asking for a 9' rear yard setback
instead of the required 15'. This would not amount to a rezone. The
applicants wished to construct an addition to their home and the location
of the house on the site was part of the reason a variance was required.
The site is at the end of a cul-de-sac and there is a parking problem on
this street. The applicants wished to add to the kitchen area and add a
family room and the only other way they could do so would be to enclose
their garage, which would increase the parking problem. The Staff felt
it was important that the garage be retained because of the parking situa-
tion on the street. The proposed variance would not cause a traffic
obstruction because it is a rear yard setback. She said it would not
interfere with views and should not be detrimental to other properties
in the area. She noted that there are other homes in the area that have
converted their garages to living spaces and she felt that may have created
part of the parking problem in the neighborhood. She recommended approval
because it would be a minimum variance to make for a reasonable use of
the property, it would allow the applicant to enlarge his home without
converting his garage which is needed for parking, and it would not be
detrimental to neighboring property or create a traffic problem as it
will be a rear yard setback. The public portion of the hearing was
opened, no one wished to speak, and the public portion was closed. Mr.
Hatzenbuhler noted that there still would be a good distance between
this house and the one in back of it. MR. HATZENBUHLER MOVED, SECONDED
BY MRS. STOLE, TO APPROVE V-81-78 BECAUSE IT WOULD NOT ENDANGER THE HEALTH,
WELFARE, AND SAFETY OF THE NEIGHBORS AND BECAUSE IT WOULD AVOID ADDING TO
THE PARKING PROBLEM IN THE NEIGHBORHOOD. MOTION CARRIED.
DAN McCOLLUM, SR. - Conditional Use/Home Occupation Permit for upholstery
business in home at 7422 228th St. S.W. (RS-8)
Mrs. Luster said the applicant presently has a Home Occupation Permit
but he will be purchasing the home at this address and the permit is not
transferable. The applicant hires domestic help to assist his wife, but
that person is not involved in his business. In his business he uses a
EDMONDS BOARD OF ADJUSTMENT
Page 4 - November 15, 1978
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jyw'A- w:.n.
NARVE W. HARRIISAO�R
CITY Catr= Ells ds��9��
CIVIC CENTER • EDMONDS, WA5NINGTON 96020 + (206)775.2525
_
COMMUNITY DEVELOPMENT DEPARTMENT
}
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DATE: November 28, 1978
TO: Nick M. KellY
i
1141 Edmonds Street
Edmonds, WA 98020
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TRA14SMITTING : . Board of Adjustment Meet i nq Minutes
RE: CU-46-78
AS YOU REQUESTED
FOR YOUR INFORMATION: XX
AS WE DISCUSSED:
FOR APPROVAL:
FOR YOUR FILE:
REVIEW AND COTR•ZENT :
COMMENT AND RETURN:
MINUTES OF MEETING:.
November 15,
REMARKS:
1978