15615 75TH PL W.pdfVARIA110E REQUESTED: Owner to improve property beyond the permitted 25% per year of
I
the assessed value of the home. Assessed value is $21,620. Improvements to include:
1) New Fireplace 2) Update Electrical 3) Update Plumbing 4) Install Electric Furnace
FOR OFFICE USE ONLY: USE ZONE:oZ p
ZONING ORDINANCE REQUIREMENT: RS 20
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 postin endant to his application.
Signature o �plicant, Owner or
Representative
EXHIBIT 2
DFCIARATIONS OF APPLICANT
Please answer all questions:;,
What are the physical characteristics, (i, e— topography, shape of lot,
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-.etc.) which create a hardship for you in regard to development of your>`
_property?
Poor condition of home. The home needed improvements of more
than 25/0 of the assessed value: It is much easier and neater ,
to do all"improvements at once rather than extending them over
3 or 4; years.
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2.- How.does your property differ from other property in the same vicinity?
It is very similar to the surrounding properties except that
the home is in need of improvements.
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3.Will this.variance be detrimental to the public or damaging to other.
property or improvements in the vicinity?
No, in fact the improvements will improve the neighborhood both
aesthetically and financially.
4. What hardships will result to you if the variance is not granted?
? -
Will these hardships have been caused by your own action?
All of the imrpovements will not be completed immediately,and
will result in a hardship to neighbors and myself. They have
been caused by lack of upkeep by previous owners.
5. Can you make reasonable use of your property without the variance?.
Without the variance the property will only hinder everyone concerned.
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The home will remain in poor disrepair.
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EXHIBIT 3
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All thatportion of Tract 24, Plat of Meadawdale Eeach, according to plat thereof
recorded im Vole 5 of Plats, page 38, records of Snonomi.sh`County, described as
follows: Beginning at the Southwest corner of that portion of Tract 24 lying East
o County road; thence in a Northerly direction along the Easterly margin of Said
road 82 feet to the true point of beginning; thence continue Northerly along the
Easterly margin of said road for 60 feet; thence Easterly parallel to South
boundary line of Tract. 24 a distance of 120 feet; thence Southerly parallel to the
County Road 60 feet; Thence Westerly parallel to the South boundary line of Tract '
24 for 120 feet to the point of beyinnina, situate in the County of Snohomish,
S atc- of Washingrcn
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THEE., 41Vol ES SUCJECT
TO A.PRIL 10 APPROVA!
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MOTION
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EDMONDS CITY C00CIL MINUTES
April 3. 1979
1iY
The regular meeting of the Edmonds City Council was called to order at 7.30 p
by Mayor Harve Harrison in the Council Chambers of the Ed*•onds.tivic Center. .
All present joined in the flag salute.
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PRES 'iT ABSENT STAFF PRESENT
Harve Harrison, Mayor Phil Clement Charles Dibble, h•A:A.,
Mile Herb Leif Larson; Public.i�prl.s.Director .
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Katherine Allen John Lalcurelle, tormnity"Devel. fir
John Nordquist Irene Varnw_y Moran, City Clerk
Ray Gould, Jim Adar;s, Assistant City Engineer
Tom Carns Jim Jesse), Parks A Rel€reation KBnager
Larry Naughten Gary McComas, Fire V'.arshal,
Mary Lou Block. A st. City Plnnner
Jahn Wallace, City Attorney
Vayne Tanaka, City Attorney
Jackie Parrett. udNty City Clerk
MO SENT AGEI1D%+
COUNCILMAN CARNS MOVED, SECONDED BY COUNCILW=A.fi NORZ`,tIiST. TO APPROVE THE CONSEUT
AGENDA. M0110N CARRIED. The Consent Agenda included the followinc'
(A) Roll -call.
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(B) Approval of Minutes of March 27, 1979.
(C) Acceptance of rehabilitation and preser a..ot, t f is ~j,?,4 Ca rr 3Se
Library and establish 30-day lien peri^;.
(D) Authorization for Mayor to sign Right,of Eirst ?eiv:ke ror Joint-
Port/City Parking Lot.
('E) Passage of Resolotion(l,tls�ii,Y
alterations to:exist3li0w'i�afetj: Ma
#0'."0*
COU`ML
Councilwoman Allen reported that she had attended i dank ¢teYxFt" ixo3t5�va" @iz
1E'
had some ideas on costs and different proposals wl,i€h sfi t&&Jd_Cilte ts:4fui4S'
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at a later date.
Councilman Gould reported that the retreat agenda sl"dvsTiS s%*At'
Councilman Naughten said he had read a newspaper editonal it#yi."r
trash containers on the new fishing pier and no
Recreation Manager Jim Jessel responded that the £itp hftorn;iln3 s`��
to consider the drafting of an ordinance restricting 3Wes
from, the fishing pier. He said temporary trash rtte;t+atli
the pier until the permanent ones are furnished by the'Cp
Councilman Nordquist noted that a petition hdtia
YOT;O, Meadowmere development in Lynnwood
C4UNCAMAil CARN5, THAT, Tf1E PE'i3Ttifii it
REFERRED',TO HE: STAFF FOR ;-ThVIE
IPOR?,TOTN@:COUNCI! DN.THIS MATTER Jlj'riii{
tCAPRl EO
MAYOR
DIaycr Harrison referred to a memorandum from, the Public Wqr*.s,
the Strickland property. He said.the Strick:landS hid revlis if
add to the problems'in.the area and thug will not cause :a
I
"Section 1. No City Department or official shall
issue, approve or process an application for any
building permit or application'for approval of a
planned residential development, subdivision or
short subdivision which has been filed with the
City on or after February 27, 1979, for that area
commonly known as the Meadowdale area located
generally north of 168th Street Southwest and more
particularly depicted on the map which is labeled
.Exhibit "A" attached to this Resolution, and
,a
incorporated in full by this reference, until the
r, it study authorized hereinafter is completed and
remedial action is enacted; provided, however,
this Section shall not apply to building permits
zt� [s
forconstruction which does not add an additional
rf`�xya s dwelling unit or unitsto those existing prior to
,�h..;1,,R February 27, 1979 . "
Ei XCATED
�. &RBTEY
CLER
OUNC
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SUBJECT s j +
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DATE
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SIGNED ��jd d ti )yN y yam'
A'fiJ�"1})��xssy6f+lWkt UAYrL�M�7cA'L
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DATE-
SIGNED "
aeoiFognn ®45 469
SEND PARTS i AND 3 WITH CARBON INTACT. - "
I
PART 3 WILL BE RETURNED WITH REPLY.
PIXY PAK J50 SETS{ V i 9.
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EXHIBIT LIST52
V-21-81
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1)
Staff Report
to the Nearing Examiner
2)
Application{
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3)
Legal Description
ors
4)
Plot Plan
5')
Slides
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6)
Vicinity Map
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THIS WAS THE
PACKET THAT WAS SENT TO
THE HEARING
EXAMINER.
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PLEASE NOTE: APPLICANT OR REPRESENTATIVE MUST BE.PRESENT '
fis
AT HEARING
EXHIBIT 1
STAFF REPORT TO THE HEARING EXAMINER
FILE #V-21-81
HEARING DATE: SEPTEMBER 17, 1981
I.
REQUESTED ACTION:
Variance to allow improvements to a nonconforming structure to
exceed the permitted 25% per year of assessed value of the
structure.
k
II.
APPLICANT/OWNER:
w _
Applicant/Owner Reoresentative
Peter Lewicki 'Mark McNaughton
1610 Daon Building 1047 Spruce Street
720 Olive Way Edmonds, WA 98020
Seattle, WA 98101
III.
LEGAL DESCRIPTION:`
See Exhibit 3.
i
IV.
STAFF FINDINGS AND CONCLUSIONS:'
-Il
A. Description of the Subject Property and Surrounding Area
f
The subject property is a nonconforming lot (7,200 square feet)
k.
is an RS-20 (20'000 square feet) zone. The existing'house.on
the property does not conform to the RS-20 setbacks. Adjacent
development to the north, south and west is single family-
residential. To the east the area is undeveloped.
B. Related Actions
In February of 1979, the City Council passed Resolution #428
imposing a building moratorium in the Meadowdale area. The subject
propety is within that area. An amendment to that resolution,
Resolution #431, was passed by the City Council in April of 1979
allowing remodeling work as long as no additional units are created.''
C. Description of the Proposed Action
4
!
Since the existing house is nonconforming. as to its setbacks, the owner
can only do improvements which do not exceed 28% of the assessed
value in any one year.
As noted on Exhibit 2, the improvements include a new fireplace, update
the electrical system, update the plumbing and install an electrical
furnace.
L
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WTI
PLEASE NOTE. APPLICANT OR REPRESENTATIVE MUST BE PRESENT
AT HEARING.
Exhibit 1
h File #V-21-81
Page
D. Conformance to Chapter 20.85.010
L. Special Circumstances
Special circumstances do exist in that this property was created
and the house was built in its 'present configuration prior to
a.
annexation into the City in 1963.
2. Special Privilege
The granting,of the requested variance should not result in the:
grant of special privilege. The proposed improvements are upgrading
to code the electrical and plumbing systems along ,with cleaning up
theexteriorof the structure.
3. Comprehensive Plan
The Comprehensive Policy Plan map designates the subject property,
as low density residential.
' As proposed, the variance appears consistent with the Comprehensive
Plan.
4. Zoning Ordinance
The zoning on the subject property is RS-20. Surrounding zoning
is all RS-20.
: The existing house is nonconforming to, its sideyards and frontyard
I setbacks. The owner owns no other adjacent property which could
make the house conforming.
The variance is consistent with the purposes of the zoning
ordinance and the RS-20 zone.
5. Not Detrimental
Should the variance be approved, it should.be detrimental to the
public health, safety or welfare nor tonearbyprivate property or,
improvements.
6. Minimum Variance
The proposed variance is the minimum necessary to allow the owner
rights enjoyed by other properties in the vicinity.
V. STAFF RECOMMENDATION
It is the recommendation of the staff that V-21-81 be approved subject
to the following conditions: Applicant must obtain a building permit
for the work being undertaken.
NOTE: The proposed deck shown on Exhibit 4 in the front yard must be reduced
to four feet to meet code.
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V-2.1-81
PETER.LEWICKI - Variance to
improve more than 25t assessed 'Val
of a single familydwelling
at.15615 75th Place West. (RS=20i L
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FINDINGS AND RECOMMENDATIONS OF THE HEARINGEXAMINER
CITY OF EDMONDS, EDMONDS, WASHINGTON
IN THE MATTER OF THE APPLICATION OF
a
U-21 81
PETER LEWICKI
FOR APPROVAL OF A VARIANCE
k DECISION: The application for the variance as submitted
by Peter
Lewicki is granted.
INTRODUCTION
Peter Lewicki, 1610 Daon Building",720 Olive
Way, Seattle,
Washington, 98101, and hereinafter referred to as
Applicant, has
requested approval of a variance in order to allow
improvements to
a nonconforming structure to exceed the permitted
25% per year of
assessed value of that structure. The structure is located on
- property at 1615 75th Pl. West, Edmonds, WA, and more particularly
described as set forth in exhibit 3 and attached hereto and
incorporated as part of these findings.
The above described land is zoned RS-20 and it has a Comprehensive
Plan Designation of low density/residential. The zoning
designation is established by the Community Development Code.
A hearing on the request was held before, the Hearing Examiner of
the.City of Edmonds on September 17, 1981.- The following
presented testimony at the hearings
Duane Bowman
Planning Department
City of Edmonds
Edmonds, WA
Mark McNaughton
1047 Spruce Street
Edmonds, WA 98020
The following exhibits were presented at the hearing and were
admitted into evidence:
CITY'S EXHIBITS
1. Staff Report
2. Application
3. Legal Description
4. Plot Plan
5. Slides
6. Vicinity Map
After due consideration of the evidence presented, by the Applicant;
evidence elicited at the public hearing; and as a.result'of'the,
personal inspection of the subject property and the surrounding
area by the Hearing Examiner, the following findings of fact and,
conclusions constitute the basis of the decision of the Hearing
Examiner.
LEGdICKI VARIANCE-1
__
At
Findings of the Hearing Examiner
Lewicki
Page
Two
FINDINGS OF FACT
1.
The Applicant has requested approval of a variance in order.`to"
allow improvements to a nonconforming structure to
exceed the'
permitted 25% per year of assessed value of the
structure
located at 15615 75th Pl. West, Edmonds, WA,
and more
particularly described as set forth in the attachment to this
document.
2.
The zoning for the above described land is
RS-20 :as
established in the Edmonds Community Development Code,
i
3.
The C.om prehensive Plan designation for the above
described
f'
property is low density residential..
4.
The subject property is a nonconforming, lot in the
R8-20 zone.
F-
The property was developed and platted prior to
annexation
f`
into the City of Edmonds and thus acquired the nonconforming
status for the lot and the building on the lot.`
E,
5.
The subject property is 7200 square feet and in an
RS-20 zone
'
the standard lot must be at least 20,000 square feet.
6. The structure on the subject property was an old house that
was in rundown condition. The Applicant was improving the
house by updating the plumbing and electrical systems within
the house and by restructuring the outside of the house.
f`
7. Section 17.40.020 (D (4) requires that a nonconforming.;
structure cannot be improved by more than 25% of the assessed ;
value of that structure. The Applicant, in making his
improvements on the structure on the subject property, has
exceeded this 25% improvement standard and is hereby asking
for a variance from that standard.
B. In order for a variance to be granted within the City of.
Edmonds, the application must conform to the requirements as
set forth in section 20.85.010 of the Edmonds Community
Development Code. In particular the Applicant must show that
the granting of the variance is necessary because special
circumstances do exist; the granting of the variance will not
result in a special privilege for the Applicant; the granting
of the variance will conform with the Comprehensive Plan and
the zoning ordinances of the City of Edmonds; the variance, if
approved, will not be detrimental to the public health, safety }`
or welfare or to nearby property or improvements; and that the
requested variance is the minimum necessary to allow the
rights enjoyed by other properties in the vicinity.
9. Special circumstances do exist in that the house on the
property was built in its present form prior to the annexation
into the City of Edmonds.
LEWICKI VARIANCE-2
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Findings
of the Hearing Examiner
Lewick
Page
Three
10.
The granting of this variance will not result in the granting
utk`
of a special privilege in that the improvements are upgrading
the property.
`
11.
The granting of the variance will allow for conformity to the
Comprehensive Policy Plan of the City of Edmonds and the goals
and policies of Chapter 15.15 of the Edmonds Community
Development Code.
12-
The variance as proposed is consistent with the purposes of
the zoning ordinances of the City of Edmonds and in particular
for the RS-20 zone.
13.
The granting of the proposed variance will not be detrimental
to the public health, safety or welfare nor to nearby private
property or improvements.
14.
The proposed variance is the minimum needed to allow the owner
the rights enjoyed by other properties in the vicinity.
15.
The Planning Department of the City of Edmonds recommended
approval of the variance because it conforms to Chapter
PP P
20.80.010 of the Edmonds Community Development Code and
recommended approval subject to the following condition.
1. Applicant must obtain a building permit for the work being
undertaken.
16.
The Planning Department testified that the variance requested
was only for a variance from the amount of improvement that
can be made on property that has nonconforming use within the
City of Edmonds.
17.
The Planning Department testified that theproposeddeck that
the Applicant has put in the front yard of the subject
property must be reduced from 6 feet to 4 feet.
18.
The Applicant testified to be in support of the
recommendations of the Planning Department.
19.
No opposition or support testimony was received for the
application.
CONCLUSIONS
1.
The application is for the approval of a request for a'
variance to allow improvements to a nonconforming structure to
exceed the permitted 25% per year of assessed value 'standard
for the property located at 15615 75th Pl. West, Edmonds, WA,
and more particularly described in the attachment to this
document.
3=;
2.
The subject property is zoned RS-20 and it has a Comprehensive
Plan designation of low density residential.
LM,7ICKI VARIANCE-3
Findings of the Hearing Examiner 3"
Lewicki Variance'
Page Three t
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3. The Applicant's- request appears to conform to those, standards
Y}rti
as set forth in section 20.85.010 of the EdmondsCommunity
Development Code.
4. Special circumstances do exist in that the property an;d,
structure were established prior to the annexation of the,:
property into the City of Edmonds and therefore have. 'ar
i
nonconforming use.
5. The granting of the variance will not result in the granting
r
of any special privilege to the Applicant.
'
.6. The granting of the variance appears to be consistent with the
goals and policies of the Comprehensive Policy Plan of the
City of Edmonds and is in conformity with the zoning
ordinances and in particular the purposes of zoning section
RS-20.
7. The granting of the proposed variance will not be detrimental'
to public health, safety or welfare to nearby property or
improvements.
M�
8. The proposed variance is the minimum needed to allow the
Applicant the rights enjoyed by, other owners.' of the property.
9. The Planning Department recommended approval of the variance
subject to the condition listed in finding 14.
10. No opposition testimony was received.
DECISION
i
Using the above findings and conclusions as the basis of the
,..
decision, the Hearing Examiner of the City of Edmonds hereby orders
`
that the variance requested by Peter Lewicki for a variance to
allow improvements to a nonconforming structure to exceed the 25%
per year of assessed value standard of the structure located at
s
15615 75th Pl. West, Edmonds, WA, and more particularly described
t,
in the attachment hereto should be granted subject to the following
i
conditions:
1. The Applicant must obtain a building permit for, the work
'
being undertaken and completed and the work to be completed.
2. The proposed deck shown on exhibit 4 in the front yard
{{
must be reduced to 4 feet to meet the code requirements.
a�
LEWICKI VARIANCE-4
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Findings of the Hearing Examiner r`
k-
Lewicki Variance try
S
Page Five
Entered this A:�1 day of September, 1981, pursuant 'to tYe authority
granted the Hearing Examiner of the City of Edmonds, Wa,in section
20.100.010 of the Edmonds Community Development Code.
{
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MES M. DRISCOLL
ring Examiner
NOTICE OF RIGHT TO APPEAL
r
Pursuant to section 20.105.1020, the City of Edmonds Community,
Development Code, written appeals alleging specific error offact
or other grounds for appeal may be filed with the Community
Development Director of the City of Edmonds within 10 working days
after the date of this decision. In this matter any appeal must'be
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received no later than 5:00 p.m., October �2_., 1981.
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LEWICKI VARIANCE-5
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V721 81-x
FILE N0.
Peter-LewickV
APPLICANT
x
AFFIDAVIT OF POSTER
n
STATE OF'WASHINGTON )
2 ss.
w
COUNTY OF SNOHOMISH }
Duane Bowman "being first duly sworn,
on oath deposes and says:
That on the "T day of ,19 the
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attached Notice of Public Hearing was posted as prescribed by Ordinance,
and in any event, in the Post Office and Civic Center, and where applic-
able, on or near the subject property.
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Signed
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Subscribed and sworn to before me this day of it r,,fr_.t.:
19 :�
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Notary Public in and for the State of,
Washington residing at
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PROPERTY ADDRESS AND LOCATION 15615 75TH PLACE WEST l
ZONE DISTRICT RS-20
THE HEARING WILL BEGIN AT 7' 30 PM. , IN THE COUNCIL CHAMBERS
OF THE EDMONDS CIVIC CENTER, 250 FIFTH AVENUE NORTH.
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 COMMUNITY DEVELOPMENT DEPARTMENT AND INCLUDE THE
ABOVE FILE NUMBER.
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 COMMUNITY DEVELOPMENT DEPARTMENT,
505 BELL STREET, EDMONDS (PHONE 775-2525, EXT. 227).
�omi�rnsremsammommummumm
THE REMOVAL, MUTILATION, DESTRUCTION, OR
S NOTICE BEFORE THE DATE , ARNINGI
OF TCONCHE HEAR NOG IS AIMISDEMEANOR PUNISHABLE
BY FINE AND IMPRISONMENT.
THIS NOTICE MAY BE REMOVED AFTER 9-17-81
4
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EXHIBIT
t
FILE # CU-44-81t
rx;
FORM FOtt [PA�'i�.,i�/FIK-1Lj ,DLCIAZATIO t Or. Qi 1 1�i� /NOS ISIGrIIFICIINCE]
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Description of proposal Conditional Use Permit for addition to
racquetball facility
Proponent Lewis/Nelson Architects
}
Location of Proposal 24228 76th Avenue West `
Lead lkgency City of Edmonds
this proposal has been determined to [hAft/not have] a significant ad-
verse impact upon Lhe envirors i�cnt. An EIS Wis not) required tinder;
101 43.21C.030(2) (d) . This .decision was made after review icy tae lead
"
agency of a completed eny,,iroiimental checklist and other information -on
file with the lead agency.
Responsible, Official Duane Bowman
Assistant City Planner
Position./Title Y
Date September. 8, 1981 Signature`
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