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15714 75TH PL W (2).pdf;` ,.� '. ��: �� �,� t: , 3 i` ' .. ........._. , .. -. ., .., .:_ .. ,.• .n... :- sue•....... .. EXHIBIT 2 FIl( DATE CITY OF EDMONDS FEE�a�T Y'/dam oa_ HEARING EXAMINERRECT - x£ APPLICATION FOR VARIANCE APO'S' t HEARING DATE`: f sin � APPLICANT ADDRESS I CITY & ZIP S PHONE — Arl,— ' r INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTYt�9V1�X" LOCATION OR ADDRESS OF PROPERTY LEGAL DESCRIPTION OF PROPERTY h . ��� p o� �j �, � �o'j' %' 1' 2g m d �-rj f� VARIANCE REQUESTED: f 6 a FOR OFFICE USE ONLY: USE ZONE: 2D i ZONING ORDINANCE REQUIREMENT: �,r�.4gi�Jat>rti3 •Cr17 i +t�, t'�-•K Release/Hold Harmless Agreement The undersigned applicant, his heirs and assigns, in 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 Dart upon false, misleading or incomplete I 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 posti att nt to this application. / 1 C Signat� e f Applicant, 0 ner or Renr_ese�nta ive i w j 3.'i1 Ai'AI� DECLARATIONS OF APPLICANT* `. Please all answer questions, 1. What are the physical characteristics, (i.e. topography, shape of,'_lot, etc.) which create a hardship for you in regard to development of your property? i a ����� w x 1' e e5C ('�'T f &k B. 2. :How does your property differ from other.property in the same vicinity? JT ��s �ofi damaging to 3. Will this variance be 'detrimental to the public or other property or improvements in the vicinity? I is not granted? 4. .What hardships will result,to you if the variance Will these hardships have been caused by your own action? Q50`T-46 vt 1�R 5. Can you make reasonable use of your property without the variance? i ,l r k ,16 <+•.v�,«` n—a' Ufa rt. EXHIBIT 3, FT K ",. "i1h^i7•3:rt" z, j i 1 f l YVyi � , � 1h � t 6 ` riw LI NNWOOD iAl r/ s • Esc I r , EXHl01T �'5. 4 yetsaSab"snl+vara».mrr«i�sca,.tpglgr#q"WfFt,'»'p+Awv9� . ,; .: y ts. ..,Svy •+..n1,?i1t'1 }'!M.+1e4... w, _ ...,. «.'..., -, (y RECEIVED �� ENGINEERING , r ^ 3 < ACCESS EASEMENT FOR MAINTENANCE AND INSPECTION f7 IN CONSIDERATION of benefits to accrue to the grantors herein, the undersigned, Jean C. Riggle hereby grants to the CITY OF EDMONDS., s a Municipal Corporation, a permanent access easement for inspection �. and maintenance of a sewage pump and pressure line; over, across, r w through; :and below the following describedproperty; and the further right to remove trees; bushes, undergrowth and other obstructions inter- 3% r fering with the inspection and maintenance of said sewage pump.and pressure line.`4k. a The easement hereby granted is located in Snohomish County, Washington, and is more particularly decribed as follows: A ten foot strip of land that is 5.00 feet on each side of the pressure line and sewage pump as they now exist, or as located in the future. Within the following described`,property: South 15 feet of Lot 5 and North 30 feet of Lot 6, Block 28,' Meadowdale Beach, according to plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington, together with that portion of vacated street adjoining on the West, which upon vacation attached to said premises by operation of law; Situate in the City of Edmonds, County of Snohomish, State of Washington. THE CITY agrees to restore to substantially the original condition and .inspection of said sewage pump and pressure line; `provided the grantors, their heirs, or assigns shall not construct. any permanent structure over, upon, or within the permanent easement. DATED this IYW; day of �" � ��.�.� 19 ,' 3, L:' cv C tc: STATE. Of'-! WASHINGTON) ) COUtgY OE 3NOHOMISH} W r, O&'ihis day personally appeared before me to me known to be the individual described in and"who executed �, , within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. UNDER NY HAND AND OFFICIAL. SEAL THIS DAY 01�.�, t _ Nn ARY PUBLIC in and L'of�'thtYr kLe'te! of • Washington, residing at b`01 v17L 1813 PAGE 861 �; a;#.A,, r �F i>td Jc S s s T � Ul r. J Q• � L (i r � t� r Ln i N p, z t _j ,� i aI, • � n ; � ��r Z cn VIT rn a ❑ s. rin rt v tTl i� V a � ' i l 4j y Vince Ojala Resident's C 310 1st S. Rm. 332 15625' 75th P1. W. Seattle,'WA 98104 Edmonds, WA 980204� 4 r q�tL Jean Ri ggl a Resident 15714 75th P1. W. 15729 75th P1. W. Edmonds, WA 98020 Edmonds, WA 98D20 , D.H. Caryl 15701, 75th P1. W. Edmonds., WA 98020. Robert M. Lentz Jr., Robt. M. Lentz Jr. 14227 47th W. x f 14227 47th W. Edmonds:, WA 98020 } Mountlake Terrace, WA' 98043 s Harrison Jewel „f Box 17481 a. Seattle, WA 98107 E Jessen & Jessen j P;O. Box 3347 Portland, OR 97208 Resident 15722 75th P1..'W. Edmonds, WA 98020 Resident 1.5730 75th PI.,W. Edmonds, WA 98020 Resident 15725 75th P1. W. Edmonds, WA 98020 Resident 15721 75th P1. W. Edmonds, WA 98020 a; ee CITY OF EDMO NDS PUBLIC WORKS DEPARTMENT TO: tu I... D 0 Q h Z W Q SUSPENSE DATE: SUPERINTENDENT Investigate and Report Take Appropriate Action Prepare letter/memo for my signature For Information Previously Ref'd Status of Action?_. Return to: _ OFFICE ADMINISTRATOR BUILDINGS & GROUNDS DIV. SUPERVISOR EQUIPMENT RENTAL DIV. SUPERVISOR f ' STREET DIVISION SUPERVISOR /,( WATER/SEWER DIVISION SUPERVISOR x V-13 TREATMENT PLANT DIV. SUPERVISOR SECRETARY UORK ORDER COORDINATOR COMMENTS: i FROM: DATE: 7 S 'Jr `r x i, �L 1 i, I NO -'W INTER -OFFICE: CORRESPONDENCE • aim Adams, - City Engineer 9. :To Gary McComas Fire Marshal Date - December 9 1985 Bobby Mills Public, Works Subject V-30-85, VARIANCE TO REDUCE SIDE SETBACK TO 5, AT SOUTH PROPERTY, LI:NE, AT 15714 75TH PL. W. (RS-20) HEARING DATE: JANUARY 2, 1986 ry PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN, DECEMBER 18, 1985 THANKS. RECEIVED DEC 9 1985 EDMONDS FIRE DEPT.. D u W ANE BOWMAN PLANNING DIV.. By VERBAL ORDERS DON'T GO TOPS Q.. FaRm 1232 --- 1-u.s- p CD V w MGMEERtNG VERBAL ORDERS DON'T GO gts ,�Fty � i�r'1YtY'1 '�wtlr-i.''�24 tA}o. fh it 7h r THIS PACKET SENVT OHEXAMINER ON DECEMBE;R, 27,1985 5 e t ha s tX its; ;i11 s � e. EXHIBIT LIST F s EXHIBIT I - STAFF REPORT R EXHIBIT 2>- APPLICATION%DECLARATIONS EXHIBIT 3`- VICINITY MAP ' EXHIBIT 4'- PLOT PLAN EXHIBIT 5 - SEWER'EASMENT I F -116 -gjl xy. rt 41 rx'� 7 y Wilt 1,W 3 EXHIBIT 1 STAFF REPORT TO THE, HEARING EXAMINER FILE: V-30-85 w4 , HEARING DATE: JANUARY 2, 1986 I. REQUESTED ACTION: 4 Variance to reduce the required, minimum side setback from 10' to 5' at 15714 75th Pl. W., Edmonds. II. APPLICANT/OWNER: r' Jean Riggle Rep. - Vince Ojala 15714 75th P1. W. - 310'Ist S'. Room'332 Edmonds, WA 98020 Seattle, WA 98104 ' III. LEGAL DESCRIPTION: See Exhibit 2 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surrounding Area The subject property is a small narrow lot located in the north Meadowdale area of Edmonds, on the west side.of.'75th Pl. W. The lot contains approximately 8,517 sq. ft. and has a small residence located on it: The property slopes steeply to the west, downward from 75th P1..W. The Applicant is proposing to add an addition onto the south side of the existing house. Surrounding development is single family residential. The property to the north is undeveloped. B. Official Street Map Proposed R/W Existing R/W East - 75th P1. W. 60' 40` The Official Street Map indicates that a 10' dedication should be made along 75t.h Pl. W. C. Conformance to Chapter 20.85.010 s Staff Report Page' V40-85 0h{ i� l ti 1�7y1� 5 ,4..y iJ��F If the as -built sewer line prohibits the addition, the variance 4 should be denied. k f t4 r t is Y F 5 :l t. vP J 5 +: e 5 1 ...,,....... .. ............ ._..._ .._. ,a ' FINDINGS AND DECISION � - t OF THE HEARING EXAMINER "OF THE x ; r z+ k CITY OF EDMONDS THE MATTER. OF THE APPLICATION FILE: V-30=$5 IN OF JEAN RIGGLE FOR APPROVAL OF A VARIANCE DECISION.: The variance is granted subject 'to the conditions listed. INTRODUCTION Jean"Riggle, 15714 75th Place West, Edmonds,Washington, 9'8020, and hereinafter referred to as Applicant, has requested approval of a variance for property located at 15714 75th Place West, Edmonds, Washington, and more particularly described as: P Y The south 15 feet of lot 5, and the. north 30 feet of lot 6 of Block 28 of the Plat Meadowdale Beach, Volume 5, Page 38, Snohomish County, Washington. (Together with a portion of vacated 75th West.) The specific variance request was to reduce .the required minimum. d setback from ten, feet to five feet. A hearing on the request was held before the Hearing Examiner Of the City of Edmonds on January 2, 1986. At the hearing the following presented.testimony`,and evidence: Duane Bowman Vince Ojala Planning Dept.' 310 First Ave.- So. City of Edmonds Room 332 Edmonds, WA 98020 Seattle,, WA 98104 At the hearing the following exhibits were submitted and admitted as part of the official record of these proceedings:. Exhibit 1 - Staff Report " 2 - Application/Declaration` 3 - Vicinity Map " 4 - Plot Plan 5 - Sewer Easement " 6 - Letter to James Driscoll and Duane Bowman from Ojala together with site plan After due consideration of the evidence presented by, the; Applicant; evidence -elicited during the public hearing; and as a result of the personal inspection of the subject property and :surrounding areas by the Hearing Examiner, the following Findings of Fact and Conclusions constitute the basis of the decisionofthe Hearing. Examiner. a t � � Findings and Dec'L_lon of the Hearing Examiner of the City of Edmonds Re: V-30-85 Page 2 FINDINGS OF FACT 1. The Applicant has requested approval of a variance to reduce fa the minimum side setback on property located at 15714.75th Place West, Edmonds, Washington. Specifically, the request 'is to reduce the minimum side setback on the subject property' from ten feet to five feet. (Staff report.) 2. The subject property is a small, narrow lot located in the north Meadowdale area of Edmonds. It is located on the west side of 75th Place West. The lot consists of approximately 8,517 square feet of land. There is a small residence located !% on the lot. (Bowman testimony and Staf..f report.) � 3. The property is atop a bluff directly above Burlington Northern Railroad right-of-way and the Puget Sound. The property on the west of the property slopes downwards from 75th Place West. (Staff report.) 4. It is the intent of the Applicant to construct an addition to the south side of the existing house located on the lot.. In order to construct an addition the Applicant needs a variance. (Staff report.) 5. The property is zoned RS-20. Section 16.20.030 of the Edmonds Community Development Code (ECDC) requires that RS-20 pro- perty have at least a ten -foot side setback and 35 feet of total side setbacks on both sides of the property. It is from this section of the ECDC that the Applicant seeks a variance. (Bowman testimony and Staff report.) 6. In order for a variance to be granted within the City of Edmonds the criteria as set forth in Section 20.85.010 of the ECDC must be adhered to. These criteria include A. Special circumstances relating to the property must exist necessitating the variance; B. The required variance must not result in a special privilege being granted to the Applicant; C. The variance must be consistent with the Comprehensive. Policy Plan Map of the City of Edmonds, D. The variance must be consistent with the purposes of the zone district in which the property is located; E. The variance must not be significantly detrimental to the public health, safety or welfare, nor injurious to the property or improvements in the vicinity of the same zone; and, F. The variance must be the minimum necessary to allow the same rights enjoyeu by o.tiier properties in the same zone. Findings and Deci:.,:on of the �.,. Hearing Examiner of the City of Edmonds Re: V-30-85 Page 3 ,,a w��xe 7. The lot is part of an old subdivision and is a narrow and. 01 steep lot. Any improvements that will be made to the.resi-�` dence on the lot will require a variance because of the restrictive RS-20's bulk and dimension requirements. (Bowman testimony.) l 8. The Comprehensive Policy Plan Map designates the subject pro- perty as Low Density Residential. (Staff report.) 9. The requested variance will not be detrimental to other pro- perties in the area and will not impact the public or nearby `• properties or improvements.. (Staff report.) 10. The major problem with the granting of a variance is the �. exact location of the sanitary sewer line easement that services the residence. The easement is described in Snohomish County Auditors File as #AF-8310200222. Neither the City nor the Applicant at the time of the hearing was informed as to the exact location of this easement. (Bowman testimony.) 11. The City's representative submitted that if the sanitary sewer line over the easement interferes with the addition to the existing residence, the variance should be denied. If it does not, the Planning Department recommended approval' of the variance. (Bowman testimony.) 12. The Applicant, in a letter addressed to the Hearing Examiner, submitted that the "plumbing apparently is hooked up to a line that is almost on the north property line." The Appli- cant's representative submitted that he "assumed that the easement is on the north property line." The addition that is proposed for the residence and is the subject of the variance request is to be located on the south portion of the residence. (Exhibit 6.) 13. The Planning Department of the City of Edmonds determined after the hearing that the sewer easement is located on (, the north property line. As a result of this determination, the Planning Department did not oppose the granting of a �! variance. (Exhibit 7.) 14. No adverse testimony was received in this matter. CONCLUSIONS 1. The application is for the approval of a variance to reduce the required minimum side setback from ten feet to five feet on property located at 15714 75th Place West, Edmonds, Washington, and more particularly described as set forth above. �1 . s F4. .Jf r !hF J f Findings and Deci-L jn of the Hearing Examiner of the City of Edmonds Re: V-30-85 Page 4 2. In order for -a variance to be 'granted within the City of Edmonds the criteria as forth in Section 20.85.0.10 of the ECDC must be met. The application satisfies these criteria. 3. Special circumstances exist for the granting of a variance. Because the lot that is the subject of this request is part of an old subdivision that is narrow and steep, it is not necessarily conducive for development to RS-20 standards if the lot were to be developed today. As a result of I the narrowness and steepness any improvements require a variance. These are sufficient special circumstances to warrant a variance. 4. The granting of a variance will not be the grant of a:? special privilege 5. The Comprehensive Policy Plan Map of the City.of Edmonds designates the property as Low 'Density Residential The request is consistent with this designation. 6. The request is consistent with the RS-20 zoning standards of the City of Edmonds and the other zoning standards of the City of Edmonds. 7. The requested variance will not be detrimental to other. properties in the vicinity. 8. The requested variance in the setback is the ,minimum necessary for the Applicant to develop the property in a manner similar to other property owners in the vicinity. DECISION Based upon the preceding Findings of Fact and Conclusions; the testimony and evidence submitted at the public hearing; and, the impressions of the Hearing Examiner at a site view,.it is hereby ordered that the requested variance be granted. The specific request is to reduce the minimum side setback from ten feet to five on property located at 15714 75th Place West, Edmonds, Washington, and is granted subject to -the following conditions: 1. The. Applicant is to secure all necessary permits from the City of Edmonds prior to the development. 2. All construction on the property must occur on the south side and must not interfere with any sewer easement. Entered this 23rd day of January, 1986, pursuant to the authority granted the Hearing Examiner under Chapter-20.100 of the Community Development Code of the City of Edmonds. l• �iLC / J ES M. DRISCOLL %earing Examiner r. L hires -� S1.1%l� All n�.+y h IN ,v,; Findings and, Decision of the 3Mz Hearing Examiner, of the City of Edmonds try v -F� t y4 rcg Re • - 85 V-�O ; xr� rcg. "i Page 5` f4� , NOTICE OF RIGHT TO APPEAL 4� Written appeals' alleging,: specific error of fact or: other,,,gror ppeal-may be filed with the nt,`City.of far aPlanning Departme Edmonds, Civic Center, Edmonds, Washington, 98020; within fourteen (14) days of the date of the Hearing Examiner's final action In this matter any'appea1 must be received by the Department prior to j 5:00 p.m. on February 6, 1986. ` .r r n V 4 r a i t - -.%; 7 9 FILE NO.. t APPLICANT ` Jean ggle l bf F AFFIDAVIT OF POSTER SHINGTON F WA ) STATE Oss COUNTY OF SNOHOMISH ) ' t fir. Susan Painter being first duly sworn, on .oath, deposes . and says.: ter. 20th December 19,H5 Rthe.attached That on the day of Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, a in the Frances Anderson Center and Civic Center, and where applicable on or, near'. the subject property. r Signed 1���.t2r ('Cc �nYJ Subscribed and sworn to before me this day of 19 Notary Public in and for the State= pf, Washington, r: - Residing at y 5. x. ",+i k tz at jilSl"r IM7�L�Tv'y?y.',u. a 3 $ FILE NO V-30'85 k APPLICANT dean •Riggle l AFFIDAVIT OF MAILING STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ). r Susan Painter, bei ng. fi rst dulysworn;, 'an oath deposes and says: That on. the 2Oth -day of December ,19 85 ; the attached Notice of Public Hearing was mailed as required to adjacent',property`owners, the names of which were provided by the applicant. ► - •. Signed ('citp Subscribed and sworn to before me this ,-za day of n o 19. Notary Public in and :for the State of Washington. Residing at E w :MR, -�- �,Y � .. .��t 'r -� ^'}►----� �� ' T _ _.,fed "3_ dy z Fri i CITY OF EDMONDS NOTICE OF PUBLIC HEARING } THE HEARING EXAMINER WILL HOLD A PUBLIC HEARING THURSDAY, JANUARY Z 80 19 ON THE FOLLOWING APPLICATION: „) FILE NO._ V-30-85 I VARIANCE REQUEST TO REDUCE THE SOUTH SIDE SETBACK TO 5' 15714 75TH PL, Vt. PROPERTY ADDRESS AND LOCATION' ,t ZONE DISTRICT RS-20 !I THE HEARING WILL BEGIN AT 7:30 P M., IN THE PLAZA MEETING ROOM, LIBRARY ` BUILDING, 650 MAIN STREET, EDMONDS, WASHINGTON. IF YOU WISH TO COMMENT ON THIS PROPOSAL, YOU MAY COME TO THE HEARING AND SPEAK. YOU MAY ALSO WRITE A LETTER STATING YOUR VIEWS WHICH WILL BE CONSIDERED AT THE HEARING. PLEASE ADDRESS THE LETTER TO THE PLANNING 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 PLANNING DEPARTMENT, 250 FIFTH AVENUE NORTH, EDMONDS (PHONE 771-3202, EXTENSION 252). k' THE REMOVAL, MUTILATION, DESTRUCTION, OR CONCEALMENT OF THIS NOTICE BEFORE THE DATE i WARNING! OF THE HEARING IS A MISDEMEANOR PUNISHABLE BY 'FINE AND IMPRISONMENT. l I JANUARY 2. 1986 THIS NOTICE MAY BE REMOVED AFTER (.