116 2ND AVE S.pdfII
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egust 18, 1969
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BOARD OF APPEALS MEETING
Present: Absent:
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Sam Ewing, Chairman Don Finnigan`
Jim Murphy, City Attorney
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Harry Skinner
Donald Decker
Allan Albers
Bud Kline, Ass't Fire Chief
W. J. Slabaugh, Building Official
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Meeting was called to order at 7.35 P.M. by Chairman Ewing.
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Recessed meeting started with BA 2-69 with question of whether the Board
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has a right to permit granting of continuance of non -conforming building.
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City Attorney ruled that the Board did have the right but also that the
applicant should go to the Board of Adjustment for a Conditional Use Permit.
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Ass't fire Chief stated that they would usually be opposed to this type of.
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building in Fire Zone I but had no objection at this time if 3t would only
for
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be allowed one year.
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Motion was made to approve the application for one year extension in this
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fire zone. Skinner seconded and the motion carried with Decker abstaining.
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RAX69 Belt Homes
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Tom Belt requested the release of maintaining a one hour soffitt on the
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apartment building located at 3rd and Walnut. He requested open soffitts
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with screen vents.
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Building Inspector found the correction on framing inspection. Should be
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one hour because of total area of building.
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Kline feels that the one hour must be maintained but also feels that some
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fault lies in the building code not allowing alternates. Roof jack could
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have been used.
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Building Official recommended that it be granted under the circumstances.
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Section 302 makes the contractor responsible for any damage to building
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or life whether the Board grants variance.
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Skinner moved to deny application and make a motion that one hour soffitt
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protection be applied in such a way that the requirement for attic
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ventalitation be provided with a maximum of 30 square inches of vent'
opening in between each rafter. Decker seconded the motion and it carried.
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Meeting adjoured at 9:10 P.M.
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EDMONDS BOARD OF APPEALS
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Meeting of August 11, 1969
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The meeting was called to order at 7:30 p.m. in the Annex Building conference
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room. The following were in attendance:
Members Alan Albers
Harry Skinner
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Sam Ewing, Chairman
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Don Finnigan
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W. J. Slabaugh, Building Official
Mr. Donald Decker and Chief Jack Cooper, ex-officio member were absent.
BA-2-69, W. B. and S. D. Nelson - Conditional Use permitting wood frame`
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construction instead of Type I, II & III UBC requirements at
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2nd Avenue and Main Street.
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Mr. W. B. Nelson, the applicant, was present.- Mr. Slabaugh noted the property
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had been brought before the Board in 1964 and permission granted to allow this
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Type 5 building in Fire Zone 1 for a 5-year term. It had been called to his
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attention by Mr. Logan, City Planner, that the action taken at that time was
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an improper one in that a time limitation had been set. This designation was
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to be made by the Board of Adjustment and not the Board of Appeals. Accordingly,
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Mr. Nelson has submitted this application. This is in line with the City -
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Attorneys ruling that the improper hearing should be corrected at this time.
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The application is to be treated as a new request.
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In discussing other existing Type A buildings in Fire zone 1, Mr. Slabaugh
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explained that according to the Building Code chapter on fire zones, a Type 5
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building is not permitted in this zone and that there would be no alternative
according to the Code, but to recommend removal. He felt that the Type A
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building had run its gamut. Basic fire rates are adversely affected and while
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he did not believe that one Type 5 rating would affect the entire city, there
is more than one. Some of these will be abated within a year. Fire Chief
Cooper was not available for comments as he was attending a meeting elsewhere.
It was noted, however, that action would be started in 1979 on non -conforming
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buildings.
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Mr. Slabaugh reminded the Board that once they pass on this application and the
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matter goes to the Board of Adjustment it will be out of the hands of this body.
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Mr. Skinner and Mr. Albers felt they didn't like the idea of releasing the
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matter to the Board of Adjustment. It was thought that approval to permit
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this Type 5 building in Fire Zone 1 might be made conditional on the Board of
Adjustment approval and recommendation of a one, two or three year time limit.
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The applicant was in favor of being granted a one year permit with a year to
year extension as he felt the 5-year term originally granted was too long.
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Rejection of the application,' it was felt, would make the Board of Adjustment's
job easier. Mr. Albers added that in order to conform to the Code he would have
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to disapprove the request.
Mr. Nelson informed the Board that the time limit granted in original request
of owner Wm. A. Ritzenthaler would be up in January 1970.
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page 2
Edmonds Board of Appeals
Meeting of August 11, 1969
The new requests BA-2-69s submitted on an application form to the Board of
Adjustment for Condition Use Permit, in the opinion of the Board constituted
an improper procedures and under the circumstances the members would have to
deny the request. Mr. Ewing stated that the Board cannot take ection on this
request tonight.
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It was moved by Mr. Skinner, seconded by Mr. Ewing that action be postponed on
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the application until such time as the legal propriety of the action of the
Board can be determined by the City Attorney.
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Discussion followed concerning legality of past action by the Boards and Mr.
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Finnigan noted that Mr. Nelson requires action from the Board before terming-
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tion of his lease. It was noted that if application is necessary to the
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Board of Adjustmentp the deadline date is September loth for hearing on the
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23rd of September.
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A vote was taken on Mr. Skinner's motion and it carried.
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Before adjournment, it was noted that new forms should be made; up for the Board.
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of Appeals applications.
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The meeting adjourned at 8.25 p.m.
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CITY OF EDZ40NDS APPLICATION TO BOARD OF ADJUSTMENT File No. &A . Z-&I,
EDMONDS, WASHINGTON FOR CONDITIONAL USE PERMIT Date
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(Please
refer to Official Zoning Ordinance, City of
Edmonds, with special reference to Chapter 12.16, Hearing Date
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Administration. Note Standards and Criteria on Page 2
of this application. Copies of Ordinance available at
Planning Department or Public Library.)
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APPLICANT: k/ J3 a S,1% l leloh ADDRESS: Zoe PIAIm SAS PHONE:
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Indicate type or degree of interest, in the property: C7whcr
OWNER: (a%.13 • ADDRESS: Z o a 1 �n /s, S d• PHONE: fii d• ->./ o 9
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LOCATION OF PROPERTY (ADDRESS): '2'r,ly /Ja/,,
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LEGAL DESCRIPTION OF PROPERTY: Toa't�iyri
Y-. LesS 4J•I> 7N `f0 Lo�io .t3/nc 2
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To be Completed by tho Department
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LEGAL DESCRIPTION CHECKED 6 APPROVED
Use ZONE: e(f ?oyC �/-c zo/,e I By
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CONDITIONAL USE REQUESTED: 1%Fe �ohC l �dhs�f.w�iey '�ey,
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DETAILS OF PROPOSED USAGE: Se�fFicC
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�ahcf. fie/ta� -"Sle O"-A-617 %oqf /-a.i»e "e—S 6L• .T�vjjj
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SKETCH_: Show belot,•
or attach a Vicinity Sketch of the area per example on reverse
side. If other than a Home Occupation, show also a sketch of the subject property,
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indicating all buildings (misting and proposed), setbacks, off-street parking, and
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a3jacent streets. If sketches are attached, please submit nine copies. Indicate
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Ncrth on both sketches.
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Signature of �Applicant
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Signature of Owner
CITY OF EDMONDS
APPLICATION FOR CONDITIONAL USE PERMIT
Pape 2
STATE OF WASHINGTON )
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COUNTY OF SNOHOMISH )
On this date, before me, the undersigned; a Notary Public in and for the State
of Washington, duly commissioned and sworn, personally appeared
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�s�� �/ , who, being duly sworn, on his ger oath deposes and says
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that a he has prepared and read the foregoing statements and has acknowledged to me
that the recitations 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 day of 19�
NOTARY PUB C, in for
a the State of
Washington, residing at Edmonds.
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STANDARDS AND CRITERIA
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Section'12.16.080 Conditional Use Criteria, The standards and criteria governing
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the issuance of conditional use permits are as follows:
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A. .'That the use will not endanger the public health, morals and general welfare
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if located where proposed and developed, and recognizes and compensates for vari-
ations and degree of technological processes and equipment as related to the
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factors of noise, smoke, dust, fumes, vibration, odors and hazard or public
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need; and
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B. That the use meets all required conditions and specifications set forth in the.
zone where it proposes to locate; including
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the general Drovisions set forth ,;
in Chapter 12.14 of this Code; and
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C.'That the use will not be injurious or detrimental to adjoining or abutting
to
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property, or that the use is a public necessity; and
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D. That the location and character of the use, if developed according to the plan'
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as submitted and approved, will be in harmony.and compatible with the area in";
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which it is to be located as set, forth in the applicable zoning classification
in Chapter'12.13 and the Comprehensive Plan for the development of Edmonds and'
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its environs; and
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E. In addition,; the Board may impose specific conditions precedent to establishing
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the use, and said conditiono may include:
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1.. Increasing requirements in the standards, criteria or policies established'
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by this Ordinance;
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2. 'Stipulating the exact location th.
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of us,, as a mains of minimizing hazards
to life, limb, property damage, erosion, land slides or traffic;
3. Requiring structural features or equipment essential to serve the same pur-
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poses set forth in item (2) above;
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4. Imposing conditions similar to those set forth in items (2) and (3) above,
as deemed necessary to establish parity with uses permitted in the same:
zone in their freedom from nuisance generating features in matters of
noise, odors, air pollution, wastes, vibration, traffic, physical hazards.-
F. All conditions required by the Board shall be, entered in the minutes of the
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meeting at which the permit is granted and also on the certificate of the
conditional' use permit;
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CITY OF EDMONDS
APPLICATION FOR CONDITIONAL USE PERMIT Page 3
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
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this Ordinance shall only be granted upon the issuance of a variance.
Record of Findings of Fact by Board of it
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The Board of Adjustment for the City of Edmonds finds in the case of
File No. , request for Con-
ditional Use Permit as described therein, the following:
1. That notice was given according to Code requirements, and Affidavits attesting
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to same are in the file.
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2. That the foregoing set forth Standards and Criteria each have/have not been met.
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3. In addition thereto,
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4'. Therefore, the request for Conditional Use Permit is DeniedlGranted, subject.'
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to the following special conditions:
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5. Decision shall be effective on:
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Date
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Dated
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Chairman, Board of Adjustment
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DATA
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Date of;,Application: Date of Hearing:
Date of Publication: Continuances:
Date of,Posting*
Date of,Appeal from Decision of the Board:
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Secretary, Board of Adjustment
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CITY OF EDMONDS c
FILE NO. B A -2_6
APPLICATION TO BOARD OF APPEALS DATE 7- 03 `-.8g
EDMONDS, WA5HINGTON FOR VARIANCE
FROM BUILDING CODE REC T NO.
Reference: UBC FEE
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APPLICART: W. B & S. D. Nelson ADDRESS: 202 Mafia St, PHONE: Pr. 8-2109
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OWNER: W.B. & S.D. Nelson ADDRESS: 202 Main St, PHONE: Pr. $-2109
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LOCATION OF PROPERTY (ADDRESS): '2nd`and:'Maia
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LEGAL PROPERTY DESCRIPTION: Gepharts first addition to Edmonds Lot
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9 and less the w
17 ft of.the N 40 ft of Lot 10 -Block 2
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Use Zone: B C
Kroll Map No--------__ Fire Zone I
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Type of Construction Required--"
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VARIANCE REQUESTED: Request to leave buildnnx remainin at same location for one
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_year extension starting January 8 1970
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SPECIFIC PROVISION OF CODE INVOLVED;
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STATEMENT OF REASONS FOR REQUEST: Sales Office - Conditional IIse Permittin
wood frame
construction instead of Type I II &III IIBC Re uirements
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SKETCH: Show below or attach plot plan, showing all dimensions, buildings (existing
and proposed), setbacks,
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and streets. Include vicinity sketch of the area with
Property shaded in per Example shown on reverse side.
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Indicate North on both sketches.)
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EXAMPLE -Vicinity .Sketch'
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CITY OF EDMONDS
APPLICATION FOR VARIANCE FROM BUILDING CODE Page 2
STATE OF WASHINGTON)
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COUNTY OF SNOHOMISH )
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I, �/�CKm,+�- , applicant for the variance set forth herein,
do swear that I have p-epared and read the foregoing statements; that the same are true
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and correct; and that I have signed this instrument as a free and voluntary act for the
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purposes set forth herein.
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DATED this y p IL4 day of
SUBSCRIBED AND SWORN TO before me this 9g:2-4 day of��
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NQTARY PUBLIC 'n and for Snohomish County,
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Washington, residing in°�,✓
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Record of Findings of Fact by Board of Appeals
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The Board of Appeals for the City of Edmonds finds in the case of W: B. and
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S. D. Nelson , File No. BA 2-69 , request for variance from the
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requirements of the Building Code as described therein, the following:
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1. That: That a one year extension of non -conforming building be extended to
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January 81 1970.
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2.Therefore, on motion by ,second by Skinner
the request for variance' is /Granted, subject to the following special conditions:
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3. Decision shall be effective on August 18, 1969
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(Date)
Dated August 18, 1969'
Chairman, Board of Appeal
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DATA
Date of Application 7 30-69 Board Members Present at Hearing:
Sam Ewing, Chairman
Date of Hearing August 18. 1969 James Murrohv City A tnr.ey
Harry Skinner
Time of Hearing 7:35 P.M, one Decker
Allan Dlbers
Present for Applicant: W.B. Nelson Bud Kline, Ass't. Fire Chief
W. J. Slabaugh, Building Official
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Secretary, Board of Appeals
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May 79 1969
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W. B. and S. D. Nelson
202 Main Street
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Edmonds, Washington
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Dear Sirs:
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Under date of December 21, 1964, a Board of Appeals hearing
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was conducted and allowed a Mr. Ritzenthaler to apply for a
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building permit to construct a wood frame structure for
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office in Fire Zone I.
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This variance was to be of a temporary nature. It was
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granted subject to "type V construction is to terminate
and be abated five years from date of issuance of building
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permit."
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Building Permit #650004 was issued on January 8, 1965 and
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the five years will expire on January 8, 1970.
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We have noted that this building is not occupied at this
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time. Please be advised that the above mentioned building.
must be removed on or before January 8, 1970.
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Very truly yours,
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EDMONDS BUILDING DEPARTMENT
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W.-J. Slabaugh
Building Official
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PLAN FILE NUMBER BUILDING
Building Permit A ben#ion ApplieaBt Ft11 PERMIT f
g pp Insido HOavy Lines NUMBER
NA (OR NAME OP HUBINEBs) JOB ADDRESS
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9IDE YARD IUTA I HET HACK I REAR YARD
CITY TELEPHONE NUMBER _
USE ZONE MAP NUM�H/EA BITE
i ( I IDS LV � S i•)
yYAOANT
A e�'-`!- F (� �' /F.
NAME BUILDING AREA LOT AREA jVARIANCE NUMBER
CADDRESS
HEIGHT ALL BUILDING HET -A. CKH W
( ( U- _. '1 !•� 17 Q `/ - S� C-) U -'1' N( ( NOTE: TO SAVE LINES
CITY TELEPHONE NUMBER REMARKS
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NAME ..
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G:r- I;arrces Jilt%ia.I>
ADDRESS
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- E h nt P rmlt PERMIT NUMBER �- STREETjGAADE CHECK
ty 2. 1 '� i •."r.'a—�.�i'! �.+! L d
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n YES O NO
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CITY TELEPHONE NUMBER METER SIZE SERVICE SIZE CLEARANCE CHECKED BY
,S, hGrzi3aud7 n'1gNnn tua+ IRQ t`7
STATE LICENSE NUMBER CITY LICENSE NUMBER REMARKS
LOT TRACT i )ry . d. J" I _ 'i^•^ Er
(STACK I
�!7/I0 4:5
TYPE CONNECTS VERIFIED
,:' • ..
C. T PERMIT NUMHER
F O PE OF CONSTRUCTION STREET IMPROVED
-OCCUPANCY
SPECIAL 1N.—CTOR REQUIRED GROUP
YES NO
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PLAN CHECKED BY
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WORK TO 8E DONE
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(-: 4 /Nt7CP GUI"<! �` / o. case
7 bri"aI �Ivuc7r-./;�v:�.:
E.:' : avlLDxxa o
n y' I VALUATION
BUILDING PERMIT/
NEW --a;--I NUMBER OF STORIES Z FEE Y
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/ PLUMBING
ADD 3 PERMIT FEE
BEAT & N
ALTER RESIDENTIAL NUMBER OF 4 PERMIT FEE
DWELLING.
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REPAIR NON-RESIDENTLIL UNITS DEMOLITION
PROPOSED VBE S PERMIT FEE
�+' :�S'fi f{ill;{ �l•i7}: :,I ✓i.yr%( 8 AMOUNT DUE ,•':%.GT..;%
I herepv nckopwiea&4hnt x hnIe t mm appn- u. tent cha m- ATTENTION
tormnI gd ie'e c e`dc and cline I the own ion s be we f-
APPLICATION APPROVAL
ized ai t t th T ABreo co piy with city d ntato Inwe regu- Tins PERMIT
Iatms onetrueaon. nod In dulas the m:nutdadeaa6erehy, no pc.ce
- This application is not a permit until
AUTHORIZES
willemployea-Iav)) a "oe the L ho c do o: the space oI Wasmnston ONLY THE
signed by the Director of Building Inspec-
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rmanss to worlmen C penantlQn,.j tll(>`anQ@!1Y.1'+'r WORR NOTED
tion, or his deputy; and fees are paid, and
NOTE PERMIT -LIMIT Q(a 'YEAR
receipt is aelmowledged in space provided.
SIGNATURE (OWNER OR AGENT) D,AIL 6IGNED INSPECTION
DEPARTMENT
DIRECTOR'S SIGNATURE
CITY OF
OF
PLOT PLAN CHECK. &iAPPROVED
PR 8-I.,
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%f INSPECTOR
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CITY OF EDMONDS APPLICATION TO BOARD OF ADJUSTMENT File No. &A _ z- 6 /
EDMONDS, WASHINGTON FOR CONDITIONAL USE PERMIT Date
(Please refer to Official Zoning Ordinance, City of
Edmonds, with special reference to Chapter 12.16, Hearing Date
Administration. Note Standards and Criteria on Page 2
ilabl t
of this application. Copies of Ordinance ava e a
Planning Department or Public Library.)
APPLICANT: 1g a $ 1% l7�svh ADDRESS: aoz I`Qw!!,$ PHONE: �/ JF-2/d9
Indicate type or degree of interest in the property: 47wh eA-
OWNER: DDRESS: ZeZ/'yn/h S;4 PHONE: At.;
LOCATION Or PROPERTY (ADDRESS): 24!!� r M4J87
LEGAL DESCRIPTION Or PROPERTY: �ep/,aaa�a / ge/./},,., T Far'intwA Lv A?
,! less a/ ! >'� rf N •fo / Go � i n .c�/e e<E Z - -- -
To be Completed Ly t r epartment
pp LEGAL DESCRIPTION CHECKED 6 APPROVED
Use ZONE: PC ?mwe A11—ZAe I By Date
"^flDITIONAL USE REQUESTED: Pioafc Gc T
MMILS OF PROPOSED USAGES: Sn/oa OfFiee
C�c+l,�f/OAs� KS� r`F�ys'lisgy ! Ps Fame !°�I++t t� //Jt N.� Y/ a r•+�L.�ffi
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SKF.70H: Show below or ^ttach a Vicinity Sketch of the area per example on reverse
side. If other than a Home Occupation, shotr also a sketch of the subject property,
,ndicating all buildings (misting and proposed), setbacks, off-street parking, and
jccent strects. If sketches are attached, please submit nine copies. .Indicate
tcrth on both sketches.
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