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15730 75TH PL W.pdfC L�rer ia:w`:. ..,.[... _......4.�e�w .. 1^ `� i'rt„�f �l A` �.�..u,..rn x -X �v.w ... �. .�: ¢lei.... .,.I n.. ._. ... ... e... rr 4 _.. ......r... m. roL. u.,.... ✓.. ..a A....:v .... 1' .,� �L r:a .... ..L stifr... ...: APPLICANT CITY & ZIP EXHIBIT 20 FILE# DATE.10 CITY OF EDMOLIDS FEE HEARING EXAMINER REC;Tilk APPLICATION FOR VARIANCE APO'S ✓` MimeoASWeS NVG.) X00t LK HEARING DATE H/)FTO HOMES IA.'gf-,. ADDRESS_PO COX 190 3 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY LOCATION OR ADDRESS OF PROPERTY LEGAL DESCRIPTION OF PROPERTY VARIANCE REQUESTED: sEE ATTACN/Na�� FOR OFFICE USE ONLY: USE ZONE: ZONING ORDINANCE REQUIREMENT: 105 - ZD Px.oNE (?P?a -6386)-(y83. 3871> TN I 6e,015�L . 1y 1 ✓� I go I A u rv� vt D� yA" F*oj Q��• J1. CorL ue 130iL01fJ& 'fo iCW.4d-CS 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 posting _attendant t this application. Silature of App Representative cant, Owner or S DECLARATION'S OF APPLICANT Please answer all 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? 2. How does your property differ from other property in the same vicinity? M N G M ♦ Aoo*o me A AoluMSER OP P164 GE" 5 MUCH sr"AE/Z 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? IVIL L &E /M POS S / BCE. TO ME E T' THE nESIlr&V RAEQLl *A9! rCAwj?'S of 7'NE IPR V PoS EIS OTHER 5• �T oucmak ereasonable use of your property without the variance? w REC, A£ST 'THAT TipE EXISTIt461 \7AR IAPJC Lr DE7_ ---- A M PI0 FLD AS, Ppo L.1,.0%V s __ I. tJ_O RTM S I IDI` C3LOA. SET BACK LIOX RL ..._-- I IJGRF. mro %ro 10 '-0" FROM PROr'1; R1"%( k WE: SO U TO sl o m a L. O �t . S E'T IIACK b.. l tk RE: 3, TNT NF.IC.MT 1.1MI`rATiIOt� (3Z CHAOC Fri--- _ z 5 - U Ai3t�VE T►I E AV E RAG �_ . _F t E:\79T'IO_ O F I'DI Iol7w2S 4 THE EAST GvR l .ERS__ o r' THE PROr'OsEp AI„6,0\wARL E' _ 131..rXi._ AREA. C T IE SAME WFLIC,0T AS APC>it*. A 20te FJooP, _ At44 ROOF ."no ExlsroJG 13I,04.� 4. ARCHITEGTU RA Lo _ FROJECTIO AtJD 2'-0" 0 THE S. SIDE RE AI.W\Vr.D , 6A5 THE r'rzoP0sED 31..0G, MIASwr SE_ TALL. _4% IAARW%V- OOLY_ 28i kvof A0EG?v1ATE s+IEAR Ti2A4SI=ER MOIST r3E PRO\%I cpED A"r KLY LoGATi0rJ S . III _TN E S7rr0t% CrTtA.R fr_ _TO_ fkCACT_ _ LATLFRA.I_ FORGES _.---. __ ____._ _ _____-- i= W M \V I KI p o rt . S Ei ZM IC . A C.7n \71T Y I tJ Tt{ f _ - �._--_ S, DI R�G7tOrJ A RclwlITECTIA RA L PROJ..EGTiO4 S . vooeo tI k r.*> P ItoV I o E A D D I T 10 NJ A L $ N EA R NA L 1. � tJ_. TN_IE_ S 01REC'1"ION .,_, `:..:'. � .r.."�<,.. �� -tit .... �...—...i...:::i....,w,_._—.. _. _ ... _........ a. xi,x�3.n...�.t6.1.u{ears"iiwStiuub•.''�,4'S�'.Wkt :'..t i.¢JS`�s y ,o0z = ,� oNnos n d TF ell I `: i r m m �e LJ I i lam..• 1r� Ip At T .. J/ �/ - �.�\'`..-�i''�� to \ ~' IP Ott a `ItIts\\� kkk It I It It I i ♦ IOtt EXHIBAN IT- :, Topographic Map t \\�� 1 J SUBJECT AREA It ' 11 . �11 '1'. � \\, / \' \ ♦ . !!�• it,I` � `. .. .'.5�� ` •+.a It to Itte It It' It to It 4444 It cr ttttt \ \ I I I I I oIt tt _,P ;. It tttt f.. 1 bh'dre 1/, 960 ? ,(j. .Derr �X , Q0 7! QQ7M N7/N-y IS I opt I 00 Or4 _ EXHIBIT 5 �NJ S ar- _W � � 7 n 1Y'V`1 I / 1r V :I CO � I t �CO�� 4. r .A 5r e o" .o r > t I r :.•M % i ' r\. },r i ; n Y.�. ' 1 . _"/. 1' ✓ ..Nl ./ .vaslr= l7, he o : p �-, 1 cooEll �, I -? w �1 Ll H.. I..V ..�..'./�!•^1A '... �� Y r s r l ljr.,lf i 1%Irr S� jr r r r I �"'�. • :: {i]"�,.r .. . elf -� V�� ti � �� L a.g a ter , • ;'j \E-, �' 4 EXHIBIT 6- r ;a .0 'a. WE 1 �r• 1 �f i y i I I i m FA- C fA i i a S Ln m co tn—y- �s L i,L 01 rx G z 0 0 r m O d x zz 0 O m tt7l z O ON 'O 00 h F O O z r z 0 N D ,N z 0 m 3 CL CA 1 !r.�.1.. .ice °.0 �.t j ,•w 1 i, �t�„�i�y{ysy'i,adxOil •. l..nt �IN'F �\N •: `�!f ;.-;�; C.\at�� IFtf t�i��\v �'Q?t�..�y fj•..sLw Y'. R /lt {'• ,.1:�` �. �irLi ' Rj � w ,ram... •. .. \'}'.'Y. _ • ram. . • t .1; i�N'^�w• Y �t r. trl!0 I r I ADJACENT PROPERTY OWNERS LIST On my oath, I certify that the -names and addresses provided represent all properties located within 80 feet of the subject property. / i ....�cr�. vr/ Sigp.ature of Applicant or Applicant's Representative \ Subscribed and sworn to before me this ,:I.Z day of -ramg• No ary Pub is n and for the State of Washington'; Residing at�� MY COMMISSION EXPIRES 64649, E.: 1�1F1ML`S� VD Vip�a�`SSFS EXHIBIT l� :Ycs S. <<t=.-3 20. ►�:xt��+ �. NcxzT %57 Z7L --7S m t'l . kx= cs-v Ei "-*z% x5s I LQA1 . iS*7C(o 7S"u P1, uJZE!St' w3 cry- .j t_,%NA . 3 . SLN%lr� C . f�-C% (otn20 , V70'O V1 S I W , - 4r. -a E 1.�vAu o 1S q.Z ' '7 S'� VA. t�JCST C-CJr"T f�� W A S Oajc 1S772q `7S"ot PN. WN2�7 b, 0,1.1, CP)QyL \5431 - 7SMM R ILx z'. -r wa. Terry Walker Raincastles Inc. PO Box 1403 Woodinville, WA 98072 Dorsey Hart/Resident 15706 75th Pl. W. Edmonds, WA 98020 Norman Nelson/Resident 15729 75th PI W Edmonds, WA 98020 Hofto Homes Inc. 12422 Possession Lane Edmonds, WA 98020 John Peck/Resident 6620 170th PI SW Edmonds, WA 98020 D.H. Cacyl/Resident n, 15631 75th,PI W. Edmonds,,WA 98020 Jes Jessen/Resident 15722 75th P1. W. Edmonds, WA 98020 Gladys & Irene Northfield 15821 75th PI West Edmonds, WA 98020 3$ff 1 tY ®f Edmond S Gard, a,' M`.. Fi`re#r/M < INTER=OFFICE CORRESPONDENCE Bobby M. - PW Dan Smith/Jerry Hauth - Engineering Duane Bowman TO FROM SUBJECT DATE 10/28/87 <x V-32-87 VARIANCE TO INCREASE NORTH SIDE BLDG. SETBACK TO 10' AND SOUTH SIDE OF BLDG. OCT, SETBACK TO 7'. HOUSE LOCATED AT 15730 ,r 75TH PLACE WEST. ' HEARING DATE: DECEMBER 3, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN NOVEMBER 24, 1987. THANKS. TOW C�Czt, (,L (co z) Wt rz=b s RECEIVED Vk OCT 271987 .I,DMONDS FIRE. DERL ti Gary M. - Fire M. INTER -OFFICE CORRESPONDENCE Bobby M. - PW Dan.Smith/Jerry Hauth — Engineering Duane Bowman TO ---- FROM _.---- - ----- --- - - nAOFI: SUBJECT p cT �z, 8 1987 ENGINEERING 10/28/87 V-32-87 VARIANCE TO INCRFASE NORTH SIDE BLDG. SETBACK TO 10' AND SOUTH SI-DE OF BLDG. SETBACK TO 7', HOUSE LOCATED AT 15730 75TH PLACE WEST. HEARING DATE: DECEMBER 3, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN NOVEMBER 24, 19676 THANKS. i Vl l J V., 1.1 C G P V✓i I I/1 vnq iI 11161,11TOM Gary M. - Fire M. ^, /� INTER -OFFICE CORRESPONDENCE 151� Dan Smith/Jerry Hauth - Engineering Duane Bowman TO FROM - - SUBJECT 10/28/87 DATE 4;k r �.J l9J V-32-87 VARIANCE TO INCREASE NORTH SIDE BLDG. SETBACK TO 10' AND SOUTH SIDE OF BLDG. D£pr SETBACK TO 7'. HOUSE LOCATED AT 15730 75TH PLACE WEST. HEARING DATE: DECEMBER 3, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN NOVEMBER 24, 1987. THANKS. RECEI�/CD 0(. i 1987 PUBLIC INOFtr�, ( HH EDMONDS CITYOF I THE Ml & ro %M'")FOA WILL HOLD A PUBLIC HEARING FOLLOWING APPLICATION: PROPERTY ADDRESS AND LOCATIO DISTRICT THE HEARING WILL BEGIN AT 7136 • 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). THE REMOVAL, MUTILATION, DESTRUCTION, OR CONCEALMENT OF THIS NOTICE BEFORE THE DATE OF THE HEARING IS A MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTE 3,148'/ x ,j o l ;by I AFFIDAVIT OF POSTER STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) FILE N0, V-32-87 APPLICANT Hofto Homes Duane V. Bowman being first duly sworn, on oath, deposes and says: That on the 23rd day of November 19 87 the attached Notice of'Public Hearing was posted as prescribed by Ordinance, and in any event, in the Frances Anderson Center and Civic Center, and where applicable on or near the subject property. Signed Subscribed and sworn to before me this day of ��cJ Notary Public in and for the State' of Washington. Residing at MY COMMISSION EXPIRES 6.16,89 AFFIDAVIT OF MAILING STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) Diane M. Cunningham deposes and says: FILE N0, V-32-87 APPLICANT Hofto Homes being first duly,sworn, on oath That on the 23rd day of November 319 87 the attached Notice of Public Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Signed IL Subscribed and sworn to before me this day of c�•�-- 19 �7 Notary Public in and for the. State of Washington. Residing at �Jit, �, • • .. i 1. l i I I: YiAL:.Le..6u.++r.a.xer..,i— uA"•,+«n...1.:.„.._:L.i_:..._:...:._it PLEASE PRINT YOUR NAME AND ADDRESS BELOW IF YOU WISH TO SPEAK ON THIS ITEM AND/OR WISH TO RECEIVE A COPY OF THE HEARING EXAMINER'S FINDINGS OF FACT V-32-87 HOFTO HOMES/RAINCASTLES INC. VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACKS AND TO CHANGE THE BUILDING HEIGHT CALCULATION FORMULA FOR A PROPOSED NEW RESIDENCE AT 15730 75TH PL. W., EDMONDS. NAME ADDRESS (Include city and zip code) w t FILE NO. V-32-87 APPLICANT Hofto Homes/Raincastles I AFFIDAVIT OF MAILING STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) Diane M. Cunningham being first duly.sworn, on oath deposes and says: That on the 4th day of December 319 87 the attached Notice of Public Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Signed IU Subscribed and sworn to before me this�J day of ��• 19f �) . Notary Public in and for the ' State of Washington. Residing at MY COMMISSION EXPIRES 4&163$9.., ; ..' r 1... _... .."...._. . �..._�..�_ (.. :..�+.w.GL'.I'1:3. ,., a.�.. _ ... ,..�. _u.�11.[.__.--_.. �irl.u.t.'..r.... .Y. tl •y?•: L, f 5 s:: FILE NO, V-32-87 APPLICANT Hofto Homes/Raincastles Inc. AFFIDAVIT OF POSTER STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) Duane V. Bowman being first duly sworn, on oath, deposes and says, That on the 4th day of December 19_ 7 the attached Notice ofoPublic Hearing was posted as prescribed by Ordinance, and in any event, in the Frances Anderson Center and Civic Center, and where applicable on or near the subiect property. Signed Subscribed and sworn to before me this .�f�J day of 19_,% . f� Notary Public in and for the. State' of Washington. Residing at MY COMMISSION EXPIRES '646499, .. ��j Marti t. ..:: � .+r i ..�... ;� .:r� .r� r>i �Ct c;, `,ucy •*•.. µ i EXHIBIT LIST V-32-87 EXHIBIT 1 - STAFF REPORT EXHIBIT 2 - APPLICATION/DECLARATIONS EXHIBIT 3 - VICINITY MAP EXHIBIT 4 - TOPOGRAPHY EXHIBIT 5 - SURVEY DRAWING EXHIBIT 6 - PLOT PLAN EXHIBIT 7 - PROPERTY CROSS-SECTION EXHIBIT 8 - CROSS-SECTION WITH PROPOSED BUILDING ELEVATION ar: zi f�4 l f EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: V-32-87 HEARING DATE: December 3, 1987 I. REQUESTED ACTION: Variances to reduce the required north side yard setback; reduce the required south street setback; and to modify the formula for calculating building height for proposed new residence at 15730 75th P1. W., Edmonds. Specifically, the Applicant is seeking to reduce the required north side yard setback to seven feet; reduce the required south street setback to five feet; and to change the building height calculation formula to allow the average of two eastern corners of the proposed house to establish the maximum building height. II. APPLICANT: Raincastles Inc. & Hofto Homes, Inc. Attn: Terry Walker P.O. Box 1403 Woodinville, WA 98072 III. LEGAL DESCRIPTION: See Exhibit 2 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surrounding Area The subject property is located the northwest corner of the intersection of 75th Pl. W. and 158th St. S.W. in the north Meadowdale area of Edmonds. The lot is very narrow and contains approximately 89550 square feet. The property slopes in a steep stair -step fashion from east to west. Presently, there is a dilapidated house located on the eastern plateau. A relatively level lawn area is located below the house, with the remainder of the property sloping downward to the Burlington Northern Railroadtracks. In February 19813 the Hearing Examiner granted variances to reduce the required side yard setbacks, under file #V-38-80. On November 26, 1986, the Hearing Examiner granted the Applicant variances to reduce the required street setbacks for a proposed residence on the subject property. The Applicant has since developed an alternate plan for the development of the site. In addition, it appears that the r Staff Report V-27-87 1 Page 2 adjacent property to the north encroaches onto the subject lot by five feet. Surrounding development is single family residential to the north and east. To the south, the land is undeveloped. Puget Sound is located to the west. Be Official Street Map Proposed R/W_ Existing R/W South - 158th St. S.W. 30' 30' East - 75th P1. W. 60' 40' C. Conformance to Chapter 20.85.010 1. Special Circumstances Special circumstances do appear to exist in this particular case to reduce the required setbacks, due to the narrowness of the lot and its topography. In addition, it appears that the neighboring residence to the north encroaches onto the subject property. No special circumstances exist to justify changing the height calculation formula. 2. Special Privilege The proposed setback variances do not appear to represent a grant of special privilege. Granting a variance to change the calculation for building height would appear to be a grant of special privilege. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property as Low Density Residential, as are the adjacent residential properties. The proposed setback variances do not appear to conflict with the purposes of the Comprehensive Plan. The variance involving the building height calculation does conflict with the policies of the Comprehensive Plan. 4. Zoning Ordinance The subject property, as well as the surrounding properties, is zoned RS-20. The proposed setback variances do not appear to conflict with the purposes of the zoning ordinance or the RS40 zone district. .-.;y.P+3.t1::.'..�,..�JWi.n::>.+� '_r ...... _ .... ., .._. .� _ w....v....«,..........+.,......w.^..e..:.:::..us.m.e..._..,....�.:�...2.^.::...%.......�u.. _..+...✓.-s.. ra..sels....�`_4`W :.i Z^ti•wise. siww:]r ♦ v... i tjP Staff Report Page 3 ;'4 V-27-87 ,j ;. 5. Not Detrimental P,. The proposed setback variances do not appear to pose any significant impact to the public or to any near by private property or improvement. The change in building height calculation will impact the views of the neighboring properties across 75th P1. W. 6. Minimum Variance Given the severe development constraints on the lot due to its size and topography, the requested setback variances do appear to represent a minimum variance request. The change of building height calculation does not represent a minimum variance. V. STAFF RECOMMENDATION: The requested setback variances do not appear to pose any significant harm to the public. No justification exists, however, to change the building height calculation formula. Staff supports the setback variances, subject to the following conditions. 1. Due to the environmentally sensitive nature of the site, at the time of building permit application, a complete environmental assessment in compliance with SEPA shall be made. 2. The Applicant/Owner shall be required to survey the property to document all property corners and encroachments. 3. The Applicant/Owner shall submit a building permit application addressing the requirements listed in the Meadowdale Drainage Area packet. 4. All construction shall conform to the Uniform Building Code. I= •JUb1d.JULbb11U 1 tL SS((8306230297 bb , 2 ' 2 5- SS(8306230298�10 _ + _ 17ST(8306230241)ld fit I i ) - 4 s :: 1 26 tj .: .; 2 I dddd- AC (8310200222) 15; 30' P. f .. �A Ill r n' . ,' r �-s 7 M E A D'0 W D A L E i'�y�WL.'�;rw �F jAdd .. r - —.. - .. :W �{ aJ:1l.`Tlc'ri1'T'" Poi:::; r: .�-dd ----- I �Q . '``SS(�r� ro2302' 1- 1 7 i I I58 TH ST S.W. o _� ..,' _ _. NOT o P E N SSZ83062302 01 .�..J AC (8301070217)10 n 1-. SS(>3306230261)10�— AC(8306230i 84410 I I I 0 L- - ► 31... z AC(8306230258)10 i� 2 I 1 —2 ST(8309300219)10 ,. I _ __.._ - -- Z AC(8306230270)103 1� ' 3 V8407300188) N N Add -I .1ddd� 32SUPP Ll AC(8306230290104 del I 40 ST(8306230310)1d AC(8306230262)10— 5 li 5 a :\ . 33 11. 30 C SCAI41190,145)10' UT(8306230248)10',,,,. ,. 6 li-------- ST(8306230249)10' .:: -- — I ST(8306230312)10 34 AC(8309300217)10- f I -- o ST(84032 902g0710� I 8 w g z - ST(830623.0288)1-— .AC.(8005290186) Z 1 1Or 1 I 1 I ," I Add 40r V 1 1 90 S ( 40 416 I ►o Ito 10 1.. 0146 11 C 10 Lj 1 I g - 84329023 �. . T( .I .. d _ _ .:. x, 2 y �r r.,� ,, 54 ^y ._,c r� ry rr Ad rr' ��f ST(8306230275)10' i I Add2 3 4" 4,`go Ad Ad IdAd% dd� 3 5 , r r CAI . 4 S .. 6, 59 58 ST(83062 307)10' _ 7 5 6 I T(8306230257)10 dd. dj - 6 = 7 # 56 i11 SP(8404260230)2 8 �r ST(8306230276)10' c 7 4 e f— - 52 T8306230�0�110�� ' 57 �'--� W 9300218 )10 ) 9 10 I PL �OF Q so MEAD ' � �� 1p' U T to so I I p __ AMI — _—, 5 a Y 1 A+tE--ST(8306230251)1 c Q , 62 N D ST S.W. 66 A -�� _ I �- B 2._ 2 6 F � --- i // 3 ' �� t0 60 E. _—SS(8306230313)IOji m N ? V I E 1 �1 65 %AC(8306 30287)10' Yv : Q / 4 1 4 11 �� u.'I 2 1 ST (8309300 16 )10 ) f rtr— i — - — s. /AA 60 -- __--.�_to I err ln' �:• 1.AO /_/n <Q/o ! ACCESS EASEMENT FOR MAINTENANCE AND INSPECTION IN CONSIDERATION of benefits to accrue to the grantors herein, the undersigned, Jos Sten Jessen and Lisa Sten Jessen, hereby grant to the CITY 71 F VRITlif3D�a Municipal Corporation, a permanent access easement for inspection and maintenance of a sewage pump and pressure line; over, across, through and below the following described property, and the further right to remove trees, bushes, undergrowth and obstructions interfering with the inspection and maintenance of said sewage pump and pressure line. The easement hereby granted is located in Section 5, Township 27 North, Range 4 East, W.M., Snohomish County, Washington, and is more particularly described 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 south 30 feet of Lot G and the north 15 feet of Lot 7, [dock 28, Meadowdale Reach, according to plat thereof recorded in volume 5 of plats, page 38 records of Snohomish County, Washington. TOGETHER with that portion of vacated street on the west adjoining and attaching to said lots by operation of law. The CITY agrees to restore to substantially the original con- dition such improvements as are disturbed during the maintenance 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 in permanent easement. ;' DATED 'this _ - •'�f day of ` ,. us an �e STATE OF WASHINGTON) 1 ) ss COUNTY OF SNOHOMISH) On this day personally appeared before me to me known to be the individual(s) described irUand wlio execute the within and foregoing instrument, and acknowledged that signed the same as r l�,_L; free and voTunITTry act and deed, for the uses and purposes t erein men- tioned. " U�91'�R 14Y HAND AND OFFICIAL SEAL THIS.,s �4DAY OF (D A. N )TARY PUBVIG—i in and o- r the State i.cJ of Washington residing at FF IF ,. _IF K: Sl ?a LFA a,, IF CnIIFIFFIF 'AI ' lu + Dui 9 r �1: a As .. h voi.1.772 r�cF65'• q ~' 'ti.� ..� _ . .,._.._ . � �•- ._ ._.......i.'.+•..x..,i..... __:.l.:._i.:.u.:••u.Sik:4Jy..........,..._.�-....-.........�..........�i{.I...t.r�.r..uti:......�....__.....i., r;0 �� <R r..�.,............ ....__.r ._..........-..:3�n�......:.u..a.w...lw.•.3: k:.•. ,�.,.w. ts.^a:_.u_. .. it CESS EASEMENTFORMAINTI NANc li AND I.NS iGri t•o�l ,j "1.1.ON co IN CONSIDERATION of benefits to accrue to the gr.a))Lo)rc, hor.tzi.n, tht_ (v undersigned, NIALCOJl1 E. JLM<INS & VONNIE JOY J174KINS hereby elrr)nts t.r.) the O CITY OF EDMONDS, a Municipal Corporation, a permanent acne!, s va!,s. mr!nt peN for inspection and maintenance of a sewage pump and pressure! li.ntr; r)ver.', N across, through and below the fc)llowing described proper.L/. and Lhri %leo further right to remove trees, hushes, undergrowth and obStr:ucl:ittns fering with the :inspection and maintenance of said sewaelu t,uml_) at;d pressure line. cc The casement hereby granted is located in Snohomish County, %1Mshin(;t.on, and is more particularly described as follows: A five foot strip of land that is 2.5 feet on each s;idira of: the pressure line and sewage pump as they now exis.;t., or as; located in the future. Within The South 95 feet of. Lot 71 Block 28, Meadowdalc Isr!rach, according to the plat thereof recorded in Volume 5 of Plats, page 38, records oflSnohomish County, Washington, The CITY agrees to restore and inspection of said sewage F their heirs, or assigns shall r upon or within tile permanent ea DATED this 17t•h day of STATE OF WASHINGTON) ss COUNTY OF SNOHOMI•SH) On this day personally app vonnie Jov Jenkins . described in and who executed t acknowledged that they free and voluntary act and deec mentioned. UNDER MY HAND AND OFFICIA 19 83 Lo 71 n C= L. .....wp.wr.rw...wrtwarwM�eV�a+� �ulildief3C7WIPShbYt.%Y�t�iSkit' 46MfA41iAP9 rt. ...... ..�............... ... •.. _. .... .. .. .. r...�ni!.I 1d vNi!l�VTriMRfJYQ Y'$,..'. Yh. ��.4t1 ti •ih l�tMi. i.. z to substantially the original condition mp and pressure line; provided the grantors, t construct: any permaneriL st•.r•ucture �)%rer, ement. May 19 83 .. !ared be['orr:: me Malcolm E. i1en1:i.ns h to me known to be the individual(s) ollIlloll he within and foregoing instrument, and sinned the same as tlaoi.ar _ for tiles e; useand purposes Lhere,iji.. SEAL THIS 17thDAY OF Pty'oil, .' p NOTARY i'LIIiLLt in and 1.01: '1:iis! ,1C rtt •' of Was.hing.ton residing r4k. jilt 1.0 .t HM U 0 ) J4 a NQl /79q ;aj '") o�j'?q •'i i:•Lw, T[gvur!/.'4'{!:11'��lti . L4t i / J!. ^�:Yt k1'4�i�?:1!'% PLEASE PRINT YOUR NAME AND ADDRESS BELOW IF YOU WISH TO SPEAK ON THIS ITEM AND/OR WISH TO RECEIVE A COPY OF THE HEARING EXAMINER'.S FINDINGS OF FACT V-32-87 HOFTO HOMES/RAINCASTLES INC. (CONTINUED FROM 12/3/87) VARIANCES TO REDUCE THE REQUIRED SIDE YARD SETBACKS AND TO CHANGE THE BUILDING HEIGHT CALCULATION FORMULA FOR A PROPOSED NEW RESIDENCE AT 15730 75TH PL. W., EDMONDS* NAME ADDRESS (Include city and zip code) /roYrn �s s• `JOSS � r, i'. Erb. i±; I Y ....... �i�u..�»_... �_.. ... »».IC.�....:.:.:...i.. ..... n.ut.m.oYuwu.'v'..:a_wel I11. ( a. :�1:-..asr................n»i..»��»...l...r...-w�..:...iiJ..._...r:..�...w :.:........:..._.....ate a.:;i...a..,x...w.uwwsc;:: r January 12, 1988 T0: James Driscoll Hearing Examiner FROM: Terry Walker Raincastles, Inc. RE: V-32-87 1. The applicant suggests a zero lot line (setback) on the south side, in view of the fact that the north half of 158th Street will, for all practical purposes, never be used or improved. This would allow the house to fit the lot in approximately the same place as the existing home. A ten foot setback on the north side, even with the encroachment from the house to the north on about 5' of the lot, would allow the room needed for the presently installed grinder pump and lines as well as room to install a pressure line when required for the new home. Should existing line from Jessen home require any relocation, applicant could do this at the same time his line is installed in this area. 2. As regards to the staff report, the applicant believes that special circumstances do, in fact, exist, due to the topography and narrowness of the lot requiring this type of taller construction. For the same reason this would not be a grant of special privilege. Under present interpretation of Edmonds zoning ordinance, even a garage off of 75th Place W. would not be approved. We believe we are asking for a minimum height to provide a normal sized home on this lot with the least impact on the slopes on the property which are sensitive. In addition, both the neighbor to the north (Jessen) and across the street (Nelson) have given testimony in favor of our proposal, and we have agreed to limit the height of construction facing 75th West to a maximum of 19 or 20 feet. (Exhibit 8) CITY OF EDMONDS 250 5th AVE. N. • EDMONDS, WASHINGTON 98020 • (206) 771.3202 HEARING EXAMINER LARRY S. NAUGHTEN MAYOR ✓ 4(%* *40 N/14.,,i 96'0 FINDINGS AND DECISION r aFpT OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION FILE: V-32"87 OF HOFTO HOMES/RAINCASTLES, INC. FOR APPROVAL OF A VARIANCE (CONTINUED FROM 12/3/87) DECISION: The variance is granted subject to the conditions listed. INTRODUCTION RAINCASTLES, INC. & HOFTO HOMES, INC., P.O. Box 1403, Woodi.nv1lle, Washington 98072, (hereinafter referred to as Applicant.), has requested approval of variances for the reduction of a side yard. setback, the street setback and an extension of -the building height formula for property located at 15730 - 75th Place West, in the ciL•y of Edmonds, Washington. More specifically, the requested variances include a request for a 7 foot side yard setback on the north side of the property; a 5 foot street setback; and, a change in the building height to allow the average of two eastern corners of the proposed house to be used to establish the maximum building neigh t . A hearing on the requestwas held before the IIear.ing. E.Umine.r of the City of Edmonds, Washington, on December 3, 1987. The hearing was continued until December. 17, 1987. At the hearings the following presented testimony and evidence: Duane Bowman Planning Dept. City of Edmonds Edmonds, WA 98020 Jens Jensen 15722 - 75th Place W Edmonds, WA 980420 Terry Walker P.O. Box 1403 Woodinville, WA 98072 Norm Nelson 1.5729 - 75th Edmonds , WA Place W At the hearing the f0 110wi.ng exhibits were submitted and were admitted as part of the c,fficial record of this proceeding. INCORPORATED AUGUST 1 1 9 1 6SO r HEARING EXAMINE; DECISION RE: V-32-87 1/15/87 Page 2 Exhibit 1 - Staff Report " 2 - Application/Declarations " 3 - Vicinity Map " 4 - Topography Map " 5 - Survey Drawings " 6 - Plot Plan " 7 - Property Cross Section " 8 - Cross Section with Proposed Building Elevations " 9 - Cross Section with Building Elevation Figures " 10 - Photograph Subsequent to the hearing, and pursuant to an Order Hearing Examiner, the City submitted the following the record: Exhibit 11 - Area Map " 12 - Easement recorded in Snohomish County as 8306230284 13 - Easement recorded in Snohomish County as 8301070217 made by the exhibits for After due consideration of the evidence presented by the Appli- cant, and evidence elicited during the public hearing, the follow- ing Findings of Fact and Conclusions constitute the basis of the recommendation of the Hearing Examiner. FINDINGS OF FACTS 1. The Applicant has requested approval of variances on property located at 15730 - 75th Place W, Edmonds, Washington. The vari- ances that the Applicant seeks are for a reduction of the side yard setback on the subject property to '7 feet; a reduction of the street setback on the subject property to 5 feet; and, a change in the calculation formula of building heights in the City of Edmonds. The requested change is to allow the average of the two eastern corners of the proposed house to be used to establish the maximum building height. (Staff Report) 2. The subject property is located on the northwest corner of the intersection of 75th Place W and 158th Street SW in the north Meadowdale area of the City of Edmonds. The lot is narrow (45 feet) and contains approximately 8,550 square feet. The subject property slopes to the west and has steep terraces. Currently on Y4 `... >}1. t1 .+w..n13 !n n.�ar.�i1.L wn v._�..n.. .1 ..:..: .. .,: i. ...• .:�. (..r • ., '4..IuY.. Jt :11n' �✓. J.wLu.eua•.w""(u ..w.\..� '...y une.•....n.. .a.. .. .. .J ..A�.aur _ l.. u_..u{ •�trv,�mn A:awh.0 l.�+.:. wa..�•... ... �... .n1 w. 4 HEARING EXAMINEI )ECISION RE: V-32-87 1/15/87 Page 3 site is an old house that is located near the eastern portion of the site. (Bowman Testimony) 3. Immediately west of the existing house is a level lawn area. To the west of this area is steep -sloped property that extends to the Burlington Northern Railroad right-of-way. (Bowman Testimony) 4. Variances for the development of this property were granted in 1981. However, no action was taken on that variance and it lapsed. (Bowman Testimony) 5. On November 26, 1986, a variance was granted to reduce the required street setbacks for the property. The Applicant, how- ever, has altered his plans and has not implemented the variance. (Bowman Testimony) 6. The subject property is zoned RS-20. The Edmonds Community Development Code (ECDC) 16.20.030 establishes the minimum side setback for RS-20 as a 10 foot minimum on either side with at least 35 feet for a total of both sides. The section also estab- lishes the minimum street setback for this zone as 25 feet. The Applicant seeks a variance from these standards. The Applicant also seeks a variance from ECDC 21.40.030 which sets forth the calculation formula for height. Height means the average vertical distance, from the average level of the undis- turbed soil of the site covered by a structure, to the highest point of the structure. The average level is determined by averaging elevations of the downward projections of the four corners of the smallest rectangle which will enclose all of the building, excluding the maximum of 30 inches of eaves. The Applicant seeks a variance from this calculation by desiring to calculate the height by averaging the two eastern corners of the proposed house as the average level. (ECDC) 7. In order for a variance to be granted within the City of Edmonds, the criteria as set forth in ECDC 20.85.010 must exist. Those criteria include: A. Because of the special circumstances relating to the property, the strict enforcement of the zoning ordinance would deprive the owner of use rights and privileges permitted to other properties in the vicinity with the same zoning. HEARING EXAMINEI JECISION RE: V-32-87 1/15/87 Page 4 Be The approval of of special privilege the limitations upon with the same zoning* the variance would not be a grant to the property in comparison with other properties in the vicinity C. The approval of the variance will be consistent with the Comprehensive Plan of the City of Edmonds. D. The approval of the variance will be consistent with the purposes of the zoning ordinance and the zone district in which the property is located. E. The variance as approved or conditionally approved will not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and same zone. F. The requested variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning. (ECDC) 8. The subject property is a very narrow, steep lot. It is a lot that was developed under an old plat. The property on the north appears to encroach on the subject property and thus gives the impression of it being an even smaller lot. (Bowman Test$ mony) 9. The slope of the property is extreme. From the east boundary of the property to the main slope of the property there is a drop of twenty feet. Special construction, including piling, and special design will be required in order to develop a residence on site. 10. Because of the tiered slope, the height of the structure is going to vary. The west end of the structure as proposed in Exhibit 9 will be built at a lower elevation than the proposed construction for the eastern portion of the site. .(Walker Testi- mony) 11. The average grade of the house as calculated as set forth in ECDC 21.40.030 is 86.25 feet. Thus height for the proposed structure on site would be by the formula the allowable 111.25 feet. HEARING EXAMINE DECISION RE: V-32-87 1/15/87 Page 5 The Applicant desires to this height. (Exhibit 9) construct a structure that would exceed 12. The comprehensive plan designates the subject property as low -density residential. The City submitted in its Staff Report that the requested variance for the reduction of the setbacks does not conflict with the comprehensive plan. 13. The proposed setbacks do not pose any significant impact to the public nor to nearby private properties or improvements. The City determined, however, that a change in building height calcu- lations will impact views of neighboring properties on the east side of 75th Place W. (Staff Report) 14. The reduced setback standards appear to be the minimum needed for the adequate development of the subject property. (Staff Report) 15. The Applicant has requested that the side setback for the south boundary line of the subject property be a 0 lot line. The Applicant based this on the fact that 158th Street, a city right- of-way immediately south of the subject property, will never be used or improved. This, according to the Applicant, will allow the structure on site to fit the lot in approximately the same place as the existing home and will create a 10 foot setback on the north side. Access and utility easements for the subject property and the property immediately to the north can be preserved. (Walker Testimony) 16. The Applicant submitted that the requested height will provide a normal sized home on the lot with the least impact on the slopes of the property to the west. This structure, according to the Applicant, will not be disruptive of views in the area. A witness (Norman Nelson) submitted at the initial hearing on this matter that he was concerned about the height variance. At the second hearing he testified that he was supportive of the height variance. 17. A witness (Jens Jensen) submitted that he is the owner of the property to the north. The witness's main concern was the reten- tion of the access and utility easements on the south side of his property and the north side of the subject property. The witness stated that if the setback on the north side is reduced there is a possibility that the easements could be impacted. (Jensen Testi- mony) 18, The Planning Department of the requested variances for the setback City of Edmonds supported the reductions. They supported f HEARING EXAMINER..ECISION RE: V-32-87 1/15/87 Page 6 the variances subject to the following conditions: (1) Due to the environmentally sensitive nature of the site, at the time of building permit application, a complete environmental assessment in accordance with SEPA shall be made. (2) The Applicant/Owner shall be required to survey the property to document all property corners and encroach- ments. (3) The Applicant/Owner shall submit a building permit application addressing the requirements listed in the Meadowdale drainage area packet. (4) All construction Building Codes (Staff Report) shall conform to the Uniform CONCLUSIONS 1. The Applicant has requested approval of variances for the reduction of the setback and an increase in the allowed height for the a structure to be built at 15730 - 75th Place W. Edmonds, Washington. More specifically, the Applicant has requested at the hearing for a 0 lot line side setback, a reduction of the street setback to 5 feet, and an allowance of a 25 foot height variance. 2. In order for a variance to be granted within the City of Edmonds the criteria of ECDC 20.85.010 must be satisfied. With conditions, the variances satisfy that criteria. 3. Special circumstances exist for the granting of all vari- ances. Because of the narrow width of the lot, the setbacks can be reduced to adequately place a structure on site that will not be disruptive to other properties in the area. Further, because of the steep slope of the site, special circumstances exist for the allowance of the structure to exceed the standard height calculations for RS-20 zone. 4. The granting of the variances will not be the granting of a special privilege. The setback variances will allow for more space between the residence immediately north of the subject property and the proposed structure. Further, the height variance 4 HEARING EXAMINE DECISION RE: V-32-87 1/15/87 Page 7 F - p, - will not be a special privilege because the structure on site will visually appear to be within the allowed height for RS-20 zoned properties. 5. The requested variances are consistent with the comprehensive policy plan of the City of Edmonds and the low density residential designation. They are consistent because they do not conflict with ECDC 15.20.005 and the policies and goals set forth therein. 6. The requested variances are consistent with the purposes of the zoning ordinances of the City of Edmonds, and in particular ECDC 16.20.000. The variances will regulate an area primarily for family living in a single family dwelling. 7. The requested variances are not detrimental to other private properties in the area. 8. The requested variances appear to be the minimum in order to adequately develop the site in a manner that is appropriate due to its narrowness and steep slopes. DECISION Based upon the preceding Findings of Facts and Conclusions, the testimony and evidence submitted at the public hearing, and upon the impressions of the Hearing Examiner at a site view, it is hereby ordered that the requested variances for the reduction of the side yard setbacks and the street setbacks are granted. It is also ordered that the requested variance from the height restric- tions for the subject property are granted. These variances are granted subject to the following conditions: 1. The setback for the south side yard shall be 0 feet. There shall be at least a 10 foot setback on the north boundary line of the subject property. This will ensure that access and utility easements remain intact. 2. The street setback for the subject property shall be reduced to 5 feet. 3. The height variance granted is for an additional 20 feet. The Applicant can not exceed 131.25 feet as the maximum height of the structure. 4. Due to the environmentally sensitive nature of the site, the Applicant must complete an environmental assessment in compliance with SEPA at the time of building permit application. i wtu._as �.ut.✓r.r �n.wi.�v.�. _... ......... ..._..v..._t_ -t :::5...0 .._ ... v.i .. ... HEARING EXAMINEh.JECISION RE: v-32-87 1/15/87 Page 8 5. The Applicant/Owner shall be required to survey the property to document all property corners and encroachments. 6. The Applicant/Owner shall submit a building permit appli- cation addressing the requirements listed in the Meadowdale drainage area packet. Conformance to this packet is required. 7. All construction shall conform to the Uniform Building Code. 8. The Applicant shall execute a non -protest covenant or agree- ment with the City waiving any objections to the development of the 158th Street right-of-way. Entered this 15th day of January, 1988, pursuant granted the Hearing Examiner under Chapter 20.100 Development Code of the City of Edmonds. FA S M. DRISCOL ing Examiner NOTICE OF'�RIGHT TO APPEAL to the authority of the Community Written appeals alleging specific error of fact or other grounds for appeal may be filed with the Planning Department, City of Edmonds, Civic Center, Edmonds, Washington 98020, within fourteen (14) days of the date of the Hearing Examiner's final action. In this matter any appeal must be received by the Department prior to 5:00 p.m. on January 29, 1988. ' Yy .•• .',a� ... ••i.. 3 :�� .e • •oa... ..+a �l .,.... u...r an•Y a.r.. u.4 •a �a u•n3'` ,�h.l :.iwuO� BEFORE THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION OF HOFTO HOMES/RAINCASTLES, INC. FOR APPROVAL OF A VARIANCE (CONTINUED FROM 12/3/87) FILE. V-32-87 ORDER At the Public Hearing of the above -captioned matter, information on the location and type requested. The City of easement on the Applicant's property was shall provide a7.1 parties to this proceeding copies of any information and all parties shall have until January 12, 1988, to respond with comments in wri_tIng to the Hearing Examiner. The Decision in this matter will be submitted by January 15, 1988. DATED this 7th day of January, 1988. MES M. 'DRISCOLL aring Examiner (OR-HOFTO)pl N