1351 8TH AVE S (2).pdfAPPROVL
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CITY OF EDMONDS
FILE #
V- -3'2-79
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BOARD OF ADJUSTMENT
DATE_
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�ry
APPLICATION FOR VARIANCE
FEE
REC' T
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HEARING DATE:
APPLICANT''j�' i�)�� ADDRESS i351- 6
CITY &ZIP �'t�o«cis ���ZU
PHONE Indicate type -or' degree of interest in
the property:
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OWNER:ooT'S ADDRESS,CITY &ZIP ,l�L?lynx 02
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PHONErSuy__
LOCATION OF PROPERTY (ADDRESS) / 3 .5I lS ` S . �� wk o F t c4 S
LEGAL DESCRIPTION OF PROPERY: ffle-
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USE ZONE � �� Vdwe
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LEGAL DESCRIPTION ECKED
BY PLANNING DIVISION
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ZONING ORDINANCE REQUIREMENT:
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VARIANCE REQUESTED: r, e s t
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STATEMENT OF CONDITIONS AND 'REASONS FOR REQUEST, IN .ACCORDANCE WITH STANDARDS AND. CRITERIA
� re << SATTACHED: e-:alc _ iard
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STATE OF WASHINGTON)ss.
COUNTY OF SNOHOMISH
On this date, before me, the undersigned, avNotary Publi in and for the State of
Washington, duly commissioned and sworn, personally appeared � ca77- .gf,9,6Y,who, being
duly sworn, on his/her oath deposes and says that (s)he has prepare an read t e foregoing r
statementsand 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 Oday of
residing a
Notary u is in and for the State of Washington.,
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ALLEGATIONS OF APPLICANT
POINT 1. The following are the special circumstances which.apply to my property
which deprive me of rights and privileges which are enjoyed by other properties in
the vicinity under the identical zone classification.
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POINT 2. The variance I am requesting will not be
detrimental to the public wel-
fare or injurious to
the properties -or improvements
in the vicinity of a zone in
,.
which my property is
located because:
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POINT.3. If this variance is not granted, an unnecessary hardship will continue `
owner of thisproperty, the cause of which is beyond his control because:
to the
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POINT 4. So as not to grant a special privilege to me by the granting of this
variance I submit the following conditions to be imposed so as not to cause in-
consistencies with the limitations upon other properties in the vicinity and zone
in which I am located. J
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Record of Findings of Fact by Board of Adjustment
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1 The Board of -Adjustment for the City of Edmonds finds in the case of
g File No. request for variance at
Qi>� sp ct {'G✓ 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/ham been met,
a 3. In addition thereto,
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4. Therefore, the request for variance is i W/Granted, subject .to the following special
conditions:
5. Section 12.16.110 "----and if a building permit and/or occupancy tv rmit is not obtained
for the subject property within one year from the date of the Board's decision, the con-
ditional use permit or variance shall be automatically null and void.---"
6. Decision shall be effective on:
Date
DATED: �— �� r.79 �..�-•G
Chairman, Board of Ad ustmen
DATA
e of Application: � ?� 7PDate of Ifearing:y'3�-7
Date pp —
Date of Publication: ?�Continuances:
Date of Posting:___
Date of Appeal from Decision of the Board:
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Mr. & Mrs. James Butchart
802 Birch St.
Mr. & Mrs. Franklin T. Whitchurch
814 Birch St.
Mr. & Mrs. Wm. P. O'Brien E
828 Birch St.
!r. Rental House
809 14th.St. S. owned by, Nir. & Mrs. H. A. Paige, 1405 8th Ave. S..
Mr. & Mrs. Charles Reisig
821' 14Th St. S.
Mr. & Mrs. Gene Crittenden
1360 8th Ave.-S.
Mr' & Mrs, David Gavurnik
736 -13th. Way-S.W.
Mr. & Mrs Hal Schram
729 13th Way S.W.
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NOTICE OF HEARING PETITION
FOR VARIANCE-R(kXk�4�-XRI
BY EDMONDS BOARD OF ADJUSTMENT
11 interested persons are hereby notified that Wednesday, the
15th day of May 19 79 , has been set as the It
ate for hearing petition filed by C.M. & D . W . ' Abbey i
or a variance - avnd*xwm:pat Variance from required,
side vard setback
t 1351 8th Avenue South
aid property being zoned RS-8 '. }
aid 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 I
City Clerk, City of Edmonds
ILE N0: V-32-79
UBLISH: 4-30-79
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STATE OF WASHINGTON.
COUNTY OF SNOHOMISH,
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Affidavit of Publication
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The undersigned, being first dull' sworn on oath deposes and says
that she :is Principal Clrrl: of the ENERE'i'T HERALD, a daily news- ,I J
paper printed and published in the City of Everett, County of Snolui-
mish, and Stag: of Washington; that. said newspaper is a newspaper
of general circulation in said County Ind State; that s;tid newspa)er
has been approved as a legal ne•,v.sp6per by order of the Super,for
Court of Snohomish County, and that the' notice I.
� a
�.
.NOTICE ..OF ... i:TARING:........lilt
...............:.................................. .... .... ...
a printed copy of which is hereunto attached, was published in s Iid t
newspaper proper and not in supplement form, in the regular in� I
entire edition (it.' said paper onthe following days and tinges, nam l
APi2IL......................................................._...................................I.....................
.......................... .................................... ........................................... .
and ,that said newspaper was. regularly distributed to its subscrib
during all of said period.
.... L; ••••" t`
Principal Cl r
Subscribed and sworn to before me this ......Ut.... ,
dayof ..................................... MhY.................. 19.... i
7otary PuIA4 in and for the State of W
esiding at Everett, Snohomish County.
AFFIDAVIT OF MAILING
STATE OF WASHINGTON )
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.......�..nv nn ow-fnilNWAT C74 1
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NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A
*; PUBLIC HEARING WILL BE HELD BY THE
rC� ® .. �ds� i� . `.
.... ...... ...... .. ...
APPLICATION HAVING B EN FILED FOR . .... .. ............,
Y. `. ��Q.��°.'....5'�.. .... c ..... .. ....................
.... .. ..................................... '
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t.`................................................... .............. .. ...
;4t ' PROPERTY DESCRIPTION OR ADDRESS:..5S.1 ... ... .. .
.................................. ... ........
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ZONE CLASSIFICATION:�' +
TIME DATE OF HEARING r. .... ��11ME DAY DATE
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{ THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC ,' F
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 i
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.
R.,}FILE NO. Z......... PUBLISHED..;�.310.47eldq.......
. .
fir•
r jri, The removal, mutilation, destruction, or '
r'EL E concealment of this notice prior to the date
® of the hearing is a misdemeanor punishable 4L'1..�,
A Rlmmmby fine and imprisonment.
THISPOSTER MAY RE REM ®VET UCR
FILE NO. V-32-79
APPLICANT C.M. & D.W. Abbey
AFFIDAVIT OF POSTER
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PLANNER'S VARIANCE REVIEW FORM FILE # V-3a'
APPLICANT:,rC 01 �.
ADDRESS:_ 13S" 1 L22 11�- S ZONING:
VARIANCE REQUESTED: F:IrCIYe-i ► e0 U
ZONING CODV REQUIRE14ENT: � 1/9, S r'op yo4eo _Se7`66C K
OTHER PERTINENT FACTS:
VARIANCE CRITERIA - Section 12.16.100
1. Does this amount to a rezone? -00
2.(a) Are there conditions and/or circumstances not generall applicable to other
lands in the same district?_])-�g_n.c-oA , n
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(b) Would strict enforcement of the zoning co e deprive the properV owner o rights
commonly enjoyed by other properties in the same district? T Lt_o
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3. Do the special conditions result from the actions of the applicant?(I"l.C..0 O
4. Are there unnecessary hardships and practical difficulties in carrying out zne
provisions of the zoning code? "212a �. h0 G1 `i a. i �M l "
1fare
5. Will the granting of the variance be
of property owners in the vicinity?_
;riinen�t�al to thg heal h, ,.safety, o
U\ £ �_ Slt _� '
6. Is this the minimum variance that will make possible the reasonable use of and?
7. Will the granting of
zoning code? G Q._p ,
1 4 11
le with this
Planner's ,Variance Review 12/77
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FACT SHEET -FILE
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CITY OF E®�/1ONDS
HARVE H. HARRISON
MAYOR
CIVIC CENTER • EDMONDS, WASHINGTON 98020 • (106) 775-2525
a
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: June 8, 1979:
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TO: D . W . Abbey
1351 8 th Avenue. South
Edmonds, WA 98020
F
TRA14SMITTING: Board of Adjustment Meeting, Minutes
RE: V-32-79
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AS. YOU . REQUESTED :
FOR YOUR INFORMATION: XX
AS WE DISCUSSED:
FOR APPROVAL:
,
FOR YOUR FILE:.
k�
REVIEW AND COM14ENT :
?
COMMENT AND RETURN:
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MINUTES OF MEETING: May 16, 1979
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REMARKS:
PLANNING DIVISION i
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it, that the concrete slab already is there. The public portion of the
hearing was closed. Mr. Roy commented that the applicant had put in his
foundation while he was still in the County and according to County require-
ments, and he, Mr. Roy, would feel greatly put upon if it were he and he
would have to change his addition because he went from the County to the
City. Mr. Hatzenbuhler agreed, and said he did not think there would be
that much of an impact. Mrs. Derleth said she undertood the concern of the
neighbor, having a second story that close to her home, but the Board had
no jurisdiction over the part of the home that will be the second story,
and the part that will be one story should not impact the neighbor very
much, especially given the existing foundation. MR. HATZENBUHLER MOVED,
SECONDED BY MR. LERAAS, TO APPROVE V-30-79 BECAUSE IT MET THE CRITERIA AND
THE SITUATION WAS NOT CREATED BY THE APPLICANT AND IT WILL NOT BE DETRIMENTAL
j TO THE NEIGHBORHOOD. MOTION CARRIED.
i V-31-79 DENNIS and LINDA DUNCAN - Variance from required side yard setback at 1005
Cascade Dr.(RS-12)
The applicant wished to enclose an existing carport with an existing side
yard setback of 6' and the Code requires a 10' side yard setback. This is
a somewhat older home around which there is substantial new construction.
This is a corner lot and is required to met two front yard and two side
yard setbacks. Several of the homes in the area do not meet the 10' side
yard setback. It would not be practical to reduce the size of the carport
by 4' as it would reduce its usefulness as a two -car garage. Since it is
an existing carport and there had been no complaints received about its
intrusion into the setback, the Staff felt it would not create a problem.
This home was constructed under a previous zoning requirement. The Staff
recommended approval of the application because it was a minimum variance
to make reasonable use of the property, views or traffic would not be
obstructed, and it would allow for maximum use of the property by enclosing
an existing carport. The public portion of the hearing was opened. The
applicant said the lot is an oversized lot and he was not making any changes
to the house. The only alterations would be to enclose the sides of the
carport and install doors. No one else wished to speak, and the public
portion of the hearing was closed.
Mr. Roy felt this would be a definite improvement as a carport generally
is a storage place that reveals what is stored. Mrs. Medina agreed, and
Mr. Byrd saw no problems. Mrs. Derleth noted that it would be following
the existing lines. MR. LERAAS MOVED, SECONDED BY MR. BYRD, TO APPROVE V-
31-79 AS IT WAS A MINIMUM VARIANCE, THE STRUCTURE IS EXISTING AND TO ENCLOSE
IT WILL ENHANCE THE NEIGHBORHOOD, AND IT WILL NOT BE DETRIMENTAL TO THE
HEALTH, WELFARE, AND SAFETY OF THE NEIGHBORHOOD. MOTION CARRIED.
V-32-79 D. A - Variance from required side yard setback at 1351 8th Ave. S.
The applicant wished to remove an existing carport and construct a garage,
using the existing paved driveway as access to the garage but constructing
the garage to the rear of the existing carport. The existing side yard
setback is 5' and the Code requires 7 1/2'. This is not a large lot and
the rear yard area would be diminished by moving the garage in by 2'. In
addition, a jog would be necessary in the driveway if the garage were moved
in 2'. There is a steep incline from the street to this property. The
property to the north is lower and there is a fence on the north property
line that will almost completely screen the garage from the view of the
neighbors and there are also trees which will screen the garage. Ms.
Luster felt this was a reasonable request, considering the topography,
location of existing driveway, and narrowness of the rear yard, and that it
would be compatible with the overall development of the area. She recommended
approval because it was a minimum variance, the addition would not interfere
with views or traffic, and it would allow for the maximum use of the open
area in the rear and the existing driveway. The public portion of the
hearing was opened. The applicant said his carport was the type Mr. Roy
had described earlier that exposes everything to everybody, so it would be
BOARD OF ADJUSTMENT
Page 4 - May 16, 1979
an enhancement to the area to build a garage. No one else wished to speak,
and the public portion of the hearing was closed.
Mr. Leraas felt it was a reasonable request. Mrs. Derleth noted that it
would be more difficult to get into the garage if it were moved over; also,
that the adjacent house was some distance away. Mr. Hatzenbuhler noted
that if it were moved over there would be a jog in the driveway and the
corner of the house would suffer. MR. HATZENBUHLER MOVED, SECONDED, BY MR.
DETRIME TALTO ATOROVE V-32-79 THE WELFARE OFCTHEEIT IS A MINIMUM SURROUNDING AREA.VAMOTION RIANCE CARRIEDI. NOT BE
CU-32-79 ELAINE'S OF EDMONDS - Conditional Use Permit for temporary professional
office at 611 Main St. (RMH)
Chairman Stole was excused from this hearing as she is a principal in the
subject business. Mr. Roy became the Acting Chairman.
Ms. Luster said the request is for a temporary wedding consultant's office
across the street from its permanent location. The building that houses
this business will be removed and a new structure erected, after which the
business will move back to its permanent location. The time needed for the
temporary location is approximately 120 days. There will be no major
changes to the house at the temporary location of the business, and there
is a minimum traffic flow to .the business. The applicant sells wedding
dresses which are selected, fitted, and then picked up at a later date.
Ms. Luster did not believe that by moving across the street this business
would impact the neighborhood or increase traffic or parking in the area.
The adjoining property owners on either side had submitted a letter saying
they had no objection to the request. The applicant had submitted an
environmental checklist and a declaration of no significance had been
issued. Ms. Luster recommended approval because it appeared to be a reasonable
use for this location, no more traffic would be generated in the area, and
the use would be for a short time. The public portion of the hearing was
opened. The applicant, Bert Stole, had nothing to add. No one else wished
to speak, and the public portion of the hearing was closed. Mr. Leraas
commented that it appeared to be a reasonable request, due to the short
duration. Mrs. Derleth noted that the important thing was that the neighbors
had written to indicate no objection. MRS. DERLETH MOVED, SECONDED BY MR.
LERAAS, TO APPROVE CU-32-79 BECAUSE IT WOULD NOT BE INJURIOUS TO THE NEIGHBOR-
HOOD, THERE WAS NO OBJECTION TO IT, IT WAS TEMPORARY, AND THE BUSINESS IS A
QUIET BUSINESS THAT DOES NOT GENERATE A GREAT DEAL OF TRAFFIC. Ms. Luster
suggested the Board may wish to place a time limitation on the permit. She
suggested six months to allow for unforeseen construction problems. MRS.
DERLETH AMENDED HER MOTION TO INCLUDE A SIX-MONTH LIMITATION ON THE PERMIT.
MR. HATZENBUHLER SECONDED THE MOTION TO AMEND. THE MOTION TO AMEND CARRIED.
THE MAIN MOTION, AS AMENDED, CARRIED. A short recess was announced, after
which Mrs. Stole returned to chair the meeting.
V-33-79 LLOYD KEILEY - Variance from required rear yard setback and from square
footage required for three units at 556 Alder St. (RMH)
The applicant was requesting a variance of 5' from the required 20' rear
yard setback and a variance of 200 sq. ft. from the required 5,600 sq. ft.
for three units. He will be removing existing structures from the property.
The setback request was on the west side which abuts the Commodore con-
dominium. This is a corner lot with single family residences across the
street. Strict enforcement of the Zoning Code would allow construction of a
duplex, and Ms. Luster felt a 200 sq. ft. reduction for three units would
not impact this area and would not generally increase the bulk of the
building. He could build to the same height and setback requirements with
a duplex or triplex. Density would be increased but she did not feel it
would be substantial for the surrounding area. She felt, however, that a
reduction in the rear yard setback would allow a more massive structure.
The applicant had indicated the purpose was inea order
hcdgetg
toouprovide
parking
under the building, but Ms. Luster said it app
under the building without the variance on the setback so she did not
BOARD OF ADJUSTMENT
Page 5 - May 16, 1979