1611 9TH AVE N.pdf1 +fix
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DECLARATIONS OF APPLICANT
Please answer all questionsl`
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?
Our lot is a large lot sloping toward the Sound, which is
difficult to maintain consistent with the standards set by, the
surrounding neighborhoods.
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2. How does your property differ from other property in the same
- vicinity?
My property is larger than most of the lots in the same vicinity.
There are two (2) lots immediately to the north which have lot
sizes approximately equal to the si.ze:of the two (2) lots which would
result rom this variance request.l
3. Will this variance be detrimental to the public or damaging to
other property or improvements in the vicinity?
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This variance will not be detrimental to the public or damaging
to other property or improvements in the vicinity.
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4. What hardships will result to you if the variance isnotgranted?
Will these hardships have been caused by your own action?
If this variance is not granted, I would have -to continue to
maintain an unusually large lot.
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S. Can you make reasonable use of your property without the variance?
I cannot make reasonable.use of my property without this variance
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for the reason that the property is occupied by my wife and myself
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and we do not have either the time or the energy to maintain the
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large lot surrounding our house.
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EXHIBIT. 4 f�ynT �'..
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Filed' for Record at Request of ,)
AFTER RECORDING MAIL TO:
Pacific First Federal Savings
Seattle, Wa. 98101—
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THIS SPACE RESERVED FOR RECORDER'S USE,
OFFICIAL RECO W.t . iI S attwsor
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Statutory Warranty Deed
THE GRANTOR Dave A. Hermans, as his separate estate
for and in consideration of Ten and No/100 - - - - - - - - - -Dollars
in hand paid, conveys and warrants to Charles E. Raymond and Judith E. Raymond, his wife` j
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the following described real estate, situated in the County of Snohomish ,State of ; J
Washington: f
Tliat ortion of Government Lot 3, Section '! 3, Township 27 N. R E.
described a> falZaws; !
Beginning at n point 66.00 feet 14orth and 30 feet West of the
Northwest COTnel' of rho SIV 1/4 of SE 1/4 of Section 13 said point
being at tho intersection of the North line of Tract conveyed January + l
1885 to A, M. pritcliard by deed recorded vn Volume 5 of Deeds,
paPo G46, records of Snollort sh County, rind 20.0) Loan Ease of the 1Vest '
of road conveyed to Snohomish County, 7:nos;n as Sound View Place,
said mint being the trite point: of heed lining of the Tract of land
lie -rein described; thenca SOut:h 88, 3.5, 00" flest y along the North line "
said Pt'itchnrd Tract
:SZ, 00" 1'lAst
�eet; Lh-nco North 1°
II.28 £eet; thence SOLIth f,/ a4 30 t.a.,t bfi, 1Z fact; thence South
5 ? 1 Oil" East 128.0t) yeet +o the true ;loin* of beginning; situnta z
frl iin the County of Snolio-mishr Stat"� of Was h3.ngtOn
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qI. SUBJECT TO easements, restrictions and reservations of record.
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Datedtthis %,
day of
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ans ,
(SEAL)
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STATE 10F.•1Y4GTON,
County of ` 1{gig
On this day personally appeared before me Dave A. Hermann ! ;
to me known to be the individual described in and who executed the within and foregoing instrument, and
40
acknowledged that he signed the same as his free and voluntary act and deed, for the
uses and purposes therein mentioned. =
GIVEN under my hand and official seal this .day of < '
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Diary Public in and for thy tata-ot-Wm&ingloni'
residing -at Seattle
409001;� OFF O AL 'RE r
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ADJACENT <PROPERTY'Otti'NER LI"5T
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PLEASE LIST ALL
NAMES AND ADDRESSES OF.014NERS OF PROPERTY.
'
30.FEET
OF
WITHIN
THE PROPERTY LINES OF THE SITE,
SOUTH
Rainier National Bank, Trust'Dept.
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3 - 001
P.O. Box 3966, Seattle, WA 98124'
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WEST
Donald G. Wightman
1615 9th Ave. No., Edmonds, WA 98020
4 - 063
Verna E. Mercy
19115 Ocean Ave., Edmonds, WA 98020
N.W.
William K. Rosenquist
4 - 057
19107 Ocean Ave., Edmonds, WA- 98020
NORTH
Dave A. Hurmans
4 - '061
21829 Highway 99, Edmonds, WA 98020.
4 - 058
Alice L. Schmidt
'
1617 9th Ave. No., Edmonds, WA 98020•i
1:
4 - 059
Donald G. Felthous
1621 9th Ave. No., Edmonds, WA 98020
EAST
John K. Beck
4 - 109
1576 9th Ave. No., Edmonds, WA 98020
William Macneil
1620 9th Ave. No.; Edmonds, WA 98020
.John Oyl
983.0 Cherry St., Edmonds-,---WA-A 98020
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1621 9th Avenue,North
1615. 9th Avenue North
Edmonds, Washington 98020
April 4, 1983
rti
The Planning Commission.
'APf`
Community Development Department
R 5 198�
City of Edmonds
0 OF
250 Fifth Avenue North M
Edmonds, Washington 98020
Dear Commissioners:
In response to your notice of public hearing in.request for variance, fle.no.
V.-2-83 (1611 9th Ave. id.) we. make the following protests s �
First and Foremost: When we moved to this area part of the attraction was
the larger lot side, the feeling of space and the,openess that prevailed.
We do not want to lose that with greater density and the problems that
come with greater density. Neither do other neighbors. Part of'Edmondsl
charm was its open and airy feeling; protected, we thought, by the zoning
requirements. 1Ve bought and built under these requirements. `le thought we
understood them. To us a 12,000 square foot minimum with an 80 foot width
meant exactly that. More is fine, but this is the minimum lot size that is
allowable and acceptable in the area. Every variance not only erodes the
requirements, but::makes the erosion easier the nest time. For every vari-
ance requested and granted there are many more wanting as we are sure you
know. This will result in an eventual loss of open space, an increase in
traffic and possibly drainage problems. When.the degradation of zoning
requirement's starts -v,ihere will it end? The 12,000 square foots, minimum be-
comes 10,000 square feet, then 8,000 square feet, then 6,0000 square feet2
ck -tack r? Little boxes as the song goes? KaE� . THE ?4'I�:Itlt I STANDARD
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Second and Specifically. The property at 1611 9th ,Ave. ji..already contains
two residences; the main residence and a former garage/drafting space which
now serves as a grown son's residence. The property often has as many as
seven vehicles parked upon it. These are owned by the residents, not by
visitors. There are: 2 motorhome/bus conversions, 1 flatbed .truck, 1 pick-
up truck ernth camper, 1 ,fie p and at least 2 cars. Another residence would i
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add more vehicles, more traffic, more _)eoi)le and more noise: �
Third. we oelieve your records vJ 11 show that the south six feet of the E
easement from 9th Avenue wes retained by the its forger Owner when the
Dronerty la t cllanged hands. That, vie relieve, reduces the front footage on
9th Avenue fromi :feet to 128 feet and fron, 67 feet per -proposed lot to
64 et i,.,r
F' ,_ o. This is an encroachment on the legal 80 foot minimum by
20-,,' and Ln ',rith neither the spirit of the area or the letter of
the law. De?e-nding on the sign.-, another building on this property could
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add traffic to the existing, narrow easement that serves three legal size,
lots. This easement is the sole access, and exit for two of the properties
and could easily be damaged and/or blocked by construction activities. There
is also an easement that crosses the northwest corner of the proposed new
lot isolating a small triangle of land from the body of the, lot -and; reduc-
ung the real, useable, not theoretical size of the lot.
Fourth and Finally. Ile have to object to being objectionable. This process
is wrong«'We should not have to voice a protest to have minimal standards
enforced. If the planning commission or the people of Edmonds wish to
change the zoning lays those needs and/or desires should be explained to
all of the residents and a vote taken at the next regularly scheduled
election. Chances in zoning have an eventual effect ulTon all presidents.
When the changes ar¢ made in the current manner only a handful of residents
is aware ofthe assault upon the standards. Cver a period of time the stand-'.
and is changed piece by niece and this becomes the accepted practice with-
out the knowledge e of the citizens as a whole.
Thank you for giving this your consideration.
Sin rely,,
Donald G. Vightman
Patricia J. «ightman
`Donald CT. , t+ elthous
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@THIS SPACE RESERVED FOR 'DRDER's USE,
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Pioneer National Title Insurance Company
t" WADHINGTON TITLE DIVISION _ Q
it d for Record at Request of Tr r✓p1ZUL'll
PAGEC,
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�� SNOHOMISH COUtlTY OTC£ n 'C`�
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, To �� c� t Cot ,-) c e j. •may AUG 131974 /�gyL� {,
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'� ---r- HENRY B. WHALEN. AUDITOR
OMISH COUNTY,WASH• W
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Statutory Warranty_ Deed !!
T111? GRANTOR DAVE A. HERMANS, a single man since March 12, 1974, ! �`
and at all times since, I
fur and inconsideration of TEN DOLLARS and other valuable consideration,
in hand paid, conveys and warrants to DONALD G. 4lIGHThtAN and PATRICIA J. WIGHTMAN,
his wife,
the following described real estate, situated in the County of Snohomish , State of i
Washington: ! �'
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IN,'1
i "SCHEDULE A"
/RANGE
TION OF GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 27 NORTH,
EAST, W.M., DESCRIBED AS FOLLOWS: y
BEGINNING AT A POINT 66.00 FEET NORTH AND 30.00 FEET WEST OF
THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST -
QUARTER OF SECTION 13, SAID POINT BEING AT THE INTERSECTION
OF THE NORTH LINE OF A TRACT CONVEYED TO A. M. PRITCHARD, AND
20.00 FEET EAST OF THE WEST LINE OF ROAD CONVEYED TO SNOHOMISH
COUNTY, KNOWN AS SOUND VIEW PLACE; RUNNING THENCE SOUTH
88033'00" WEST ALONG THE NORTH LINE OF SAID PRITCHARD TRACT, ^;
166.03 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT OF
LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 88033'00" WEST,
ALONG THE NORTH LINE OF SAID PRITCHARD TRACT, 145.00 FEET TO
THE SOUTHEAST CORNER OF TRACT CONVEYED TO DAVID BURLEY; THENCE
S OF SAID BURLEY TRACT
.NORTH 1052'00" WEST, ALONG THE EAST LINE ,
84.00 FEET; THENCE NORTH 88033'00" EAST, 130.00 FEET; THENCE ;"•;
NORTH 1052100" WEST, 61.21 FEET; THENCE SOUTH 87054'30" EAST,
15.04 FEET; THENCE SOUTH 1052'00" EAST, 144.28 FEET TO THE ?RUE
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POINT OF BEGINNING.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES.OVER,
UNDER, AND UPON THE FOLLOWING DESCRIBED TRACT OF LAND:
THAT PORTION OF GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 27 NORTH,
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RANGE 3 EAST, W.M., DESCRIBED AS FOLLOWS: j
BEGINNING AT A POINT 194.00 FEET NORTH AND 30.00 FEET WEST OF
THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 13, AND 20.'00 FEET EAST OF THE WEST LINE
OF ROAD CONVEYED TO SNOHOMISH COUNTY KNOWN AS SOUND VIEW PLACE, E"
SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND }'
HEREIN DESCRIBED; THENCE NORTH 87054'30" WEST, 166.42 FEET; E:
THENCE SOUTH 1052'00" EAST, 54.28 FEET; THENCE SOUTH 8803310011 }
WEST, 15.00 FEET; THENCE NORTH 1052100" WEST, 55.21 FEET; THENCE
NORTH 87054130" WEST, 3.54 FEET; THENCE NORTH 1052'00" WEST,
12.00 FEET; THENCE SOUTH 87054'30" EAST, 185.00 FEET; THENCE
SOUTH 1052'00" EAST, 12.00 FEET TO THE TRUE POINT OF BEGINNING. f
AND TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES,
OVER, UNDER AND UPON THE FOLLOWING DESCRIBED TRACT OF LAND: f
THAT PORTION OF GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 27 NORTH,
RANGE 3 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 66.00 FEET NORTH AND 30.00 FEET WEST OF THE L,
NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 13, SAID POINT BEING AT THE INTERSECTION OF THE NORTH t'
LINE OF A TRACT CONVEYED TO A. M. PRITCHARD, AND 20.00 FEET EAST
OF THE WEST LINE OF ROAD CONVEYED TO SNOHOMISH COUNTY, KNOWN AS I-
SOUND VIEW PLACE; RUNNING THENCE SOUTH 88033100" WEST, ALONG THE
NORTH LINE OF SAID PRITCHARD TRACT, 166.03 FEET; THENCE NORTH !.
1052'00" WEST, 90.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE CONTINUING NORTH 1052100" WEST, 17.69 FEET;
THENCE NORTH 40051'03" EAST, 39.14 FEET; THENCE SOUTH 87054'30"
EAST, 15.39 FEET; THENCE SOUTH 40051'03" WEST, 61.77 FEET TO THE
TRUE POINT OF BEGINNING, {
ALL SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
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LEGAL DESC!.IPTIOff-
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'HAT PORTION OF GOVERN:4ENT LOT 3 SECTION.13, TOLItI5H1P 27 N.P. 3 C..W.M., DES-
CRIE ED AS FOLLOWS: BEGINNING A A POINT G6 FEET IiORTH ANO 3O FE£T 1'IEST OF Motl ✓
THE 1�OR7N.1d£ST CORNER OF 3WI14It
OF ,THE SE1/4 OF SECTION 13, SAID POINT BEING
T c ON OF THE NORTH L. 1 NE OF A TRACT `CONVEYED T.O A.M. PR 1 TCHARD ,3�
AT �t INTERSECTION
AND LG FEET EAST OF THE WEST LINE OF ROAD CONVEYED' TO 5,40HOM I SH COUNTY,
E WEST ALONG TrtE :CiRTFLINE OF SAID
SOUND I:PLACE; INTHENC
KNOWN AS
PRfTCHARO TRACTS 311.Ca FEET TO jOUTHEAST CORNER OF -TRACT CONVEYED TO "AVID
BURLEY] THENCE NORTH P,4 FEET ALONG --AST LINE OF SAID BURLEYTRACT;. THEUCE
WEST 1.5C' FEET ALONG NORTli LINE OF SAID BURLEY TRACT TO -CEAti AvEtv.1E)+
rrFASTE
_,.RORTMEASTERLY ALONO.00EAN RYEtvUE 94.01,.FEET; THENCE SOUTH £37 O4 ;iG _
404.74 FEET; THENCE:5OUt" 1 �. 5' EAST`-134 FEET- TO POINT OF bEUI-slttltiG�
s IT UA.7E 14 THE COJJNTY DP `$Iaorlt)M 1 SHE $7¢TE Of': WASM I NGTON .tr
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AID, ��i�-:�?a :'c:c�;iTcJ�
.: rT cof1$lf0,iity 'rgif1Le.s £ Lang' SC'Vtryors
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FINDINGS AND DECISION
OF THE HEARING EXAMINER OF THE,��'
CITY OF EDMONDS
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IN THE MATTER OF, THE APPLICATION FILE: V 2-83
OF CHARLES RAYMOND FOR APPROVAL
'
OF VARIANCES,..
DECISION: The variances are denied.
;
INTRODUCTION£
CharlesRaymond,.1611 9th Avenue North, Edmonds, Washington,
hereinafter
called Applicant, has requested approval of -four variances.
The requests
are for property located at'1611 9th Avenue North, Edmonds, Washington;
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and more particularly described as set forth on the attached
Exhibit 3.
The specific requests are for variances to allow two lots below the
minimum lot area and also below required lot width in an RS-12 zone.
A hearing on the request was held before the Hearing Examiner of the
City of Edmonds, Washington, on.April 7, 1.983.
At the public hearing the following presented testimony;'
Duane Bowman
Planning Department
;
City of Edmonds.
Edmonds, WA 98020
Charles Raymond
1611 9th Avenue North'
Edmonds, WA 98020
Allen Everett
1600,9th Avenue North
Edmonds, WA 98020
The following exhibits were admitted at the public hearing:-
'
2.:
City's Exhibit 1 - Staff Report
" 2 - Application and Declaration
" 3 - Legal Description
„ 4 - Site Plan
" 5 - Map of Required Setbacks
1
" 6 - Vicinity Map
Opponent's Exhibit'-.l - Letter from Alice Schmidt
" 2 -Letter from Donald Whitehouse and
Donald Feldhouse
" 3 - Letter from Witness Bailey
" 4 - Letter from .Jones and Christensen
i
E
VOL
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7.
Findin
s and Dec',._ ion of the
Hearing
Examiner of the City of Edmonds �>
Re:
b-2-83 F , azsf,
Page
3
3.
The Planning Department of the City of Edmonds has recommended denial,{'
of the requested variance on the grounds that the criteria as ''set"fofth'
A.
in Section 20.85.010 have not been met. In recommending denial
Planning Department submitted the following:
Staff sympathizes with the Applicant in his concern of having to
maintain an overly large lot. This does not, however, j'u'stify XdVq
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the variance requests. Staff recommends denial.
4.
The Applicant testified that due to the large size of the existing
lot it has become difficult for.him to maintain the property to meet
'
the standards as set by his neighbors. It is his intention to reduce,:
the size of his property by dividing the property into two smaller'
lots. The Applicant stated that when the lots are divided he.will
keep one of the lots and sell the other lot.
5.
f,
There are many nonconforming properties in the area. However,. there �,.
are many lots that meet the RS-12 standards. Included in the property,
that meets the standards are the adjoining properties. E"
° 6.
If the property is divided and the variances are granted the'two-
resulting lots will be small. One of the lots to be developed willz."
require additional variances because of the setback requirements in
an RS-12 zone. With the required setbacks a'very narrow area would
be available for construction.
7.
Applicant Everett submitted opposition to the request because if the f.
lot is divided and the house is moved his view will be obstructed.' '
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8.
Opposition letters were submitted. r
CONCLUSIONS
1.
The application is for the approval of four variances.; Specifically
the requests are for variances for property located at 1611-'9th.Ave..N.,
Edmonds, Washington.
2.
The requests -include variances to allow two lots below the minimum lot
area for an RS-12 zone and for a reduction in the required lot width
for.the same two lots.
3.
In order for a variance to be granted in the City of Edmonds the criteria
of Section 20.85.010 must be met. The Applicant has failed to show that
the proposed variances meet the criteria.
4.
No special circumstances exist for the granting of the variance.. There }
are no developmental limitations on the subject property and although
I
the property is large, that is not a special circumstance necessitating
a variance.
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5.
The granting of the variances would be a special privilege to the Applicant.'
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Maintenance of property cannot be considered as a criteria for granting of
a variance.
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Mr. James M. Driscoll
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April 22,
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A.is.4
.1983
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There are several lots in the area,
including two or .three of,-
the lots owned by the persons objecting' to this Application'
that are smaller than the lots which would result fromx
Mr. Raymond's Application.
Upon your return, would you ease
let me know whether .You
are willing to reopen this matt
Ver tr ly
your
2.
R RD R.
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Enclosure
Title Insurance Policy
cc: Mr. & Mrs. Charles E. Raymond
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SERVICE CONTRACT- REAL PROPERTY TAXES AND ASSESSMENTS
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DATE OF ORDER TYPEqF SERVICE FEE: LOAN NUMBER
5/376 B $15.00 133619-8
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NGTH OF LOAN MORTGAGE AMOUNT
$35, 000.00
98-�
`- .. . 595
MORTGAGOR: ___ _. _. ._ __-
- Charles E. Raymond `acic First Federal Savings &
_ PROPERTY ADDRESS:
_.
CITY/STATE: Loan Association
Q FORMER OWNER ... - ....__.
L
SPECIAL ASSESSMENTS
-
DISTRICT
Q COLLECTION DISTRICT NAME ; Q PERMANENT TAX NUMBER
NO ACTIVE ASSESSMENTS
COUNTY
YLAST EAR PAD
Snohomish 132703-4-113-0007
IF ACTIVE ASSESSMENTS ENTER BELOW
CITY
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KIND NUMBER BOOK PAGE
TOWN
BOROUGH
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SCHOOL....----
•--'---•-------• - ------
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DRAIN
0 PROPER OTHER I i
That Portion of Government Lot 3, Section 13, Township 27 N. R. 3 E. ;
described as follows:
Beginniri; at a point 66.00 feet North And 30 feet West of the
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Northwest corner of the SIV 114. of Sp, 1/4 of Section 13, said point
being intersection
at the of the North line of Tract conveyed January
6, 1885 to A. M.
E
Pritchard by deed recorded in Volume 5 of Deeds,
page 446,
records of Snohomish County, and 20.00 feet East of the West
cLosm line of road conveyed to Snohomish County, mown as Sound Vioti,r Place,
said Point being the
►—
ADDRE true point of be�inning of the Tract of land
herein described; thence South 880 33 0011 "lest,
along the North lineil
i EscRo of said Pritchard Tract, 166.03 feet; thence North 10 52' 00" W est
138.28 feat; thence South 87° 54' 30" East 166.42 feet; the South
I° 52' 00" East 128.00 feet to the true point of beginning; situate
in
the County of Snohomish, State of Washington.
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ALTA'ALASKA AND WASHINGTON 1_ CY
1970 LOAN POLICY
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SCHEDULE A
Amount of Insurance:
No.
164152—B
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Premium
Dace'of`Policy
April 9,- 1976
at 9:00 a•.m.
• 4 Kl
1.
Name of Insured:
a
PACIFIC FIRST FEDERAL
SAVINGS and LOAN ASSOCIATION, a corporation
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2.
The estate or interest in the land described
in this Schedule and which is encumbered by :the insured .°vw
mortgage is:
Fee Simple
Estate ,4
3.
The estate or interest referred to herein is at Date of Policy vested in: 1
CHARLES E. RA YMOND AND JUDITH E. RAYMOND, his wife
4.
The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are de-;
scribed as follows:ss.
DEED OF TRUST AND THE TERMS AND CONDITION THEREOF:•`
Grantor:
Charles E. Raymond and Judith E.
Raymond. his wife
Trustee:
Transamerica Title Insurance Company
Beneficiary:
Pacific First Federal Savings and 'Loan
Association,a c rporation
'
Amount:
$35 , 000.00 ✓ .
Dated:
April 7, 1976
Recorded:
April 9, 197
Recording No.:
7604090013 . Snohomish County
5. The land referred to in this policy is described as follows:
As in the Deed of Trust covered by this policy.
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�1983 ,
May 10,
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MEMO TO:
Duane V. Bowman
ASis+ant City Planner
FROM:
Dan Smith
Engineering Inspector
SUBJECT:
HEARING EXAMINERMEETING - MAY.19, 1983
CONTINUED
AGENDA:
P-3-83
EIVIND PEDERSON - Three -lot subdivision with modification
To --al I ow 12'feet of asphalt, instead of the required 16
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feet at 19224 - 76th Ave. W.
�. .
Engineering recommends that Code required 16-foot pavement
width be.upheld, due to both safety and convenience to
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future home owners.
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3
CHARLES RAYMOND = Reconsideration request of denial of
variances to allow two lots below minimum lot area and
lot.width at 1611 - 9th Ave. N.
1'
Engineering has no comment on this action. At the time of
subdivision or building permit application, any Engineering
6'
requirements deemed necessary.will be assigned, -
AGENDA:-
CU-16-83
DOROTHY RIDDLE/SHARON KEO .
Conditional use permit for day care center at 20920 - 74ih''
Av e .
No comment. I:
.V.-6-83
RHODA ALTOM - Variance to convert recreation unit, to a` "
dwelling unit exceeding density allowance at 510 Forsyth
Lane.
No comment.
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cy
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% ti r i T fit" �.
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Mr. Duane Bowman
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May ` 12, 1983 }
Page two
are in agreement with:this conclusion and will so advise the''
Hearing Examiner.
4. Finding No. 7: This Finding relates to the view
obstruction of some of the neighbors. As can be seen by the
restrictive covenant, which Mr. and Mrs —Raymond have agreed to
record, -not only would the view not be..obstructed by the con`-
struction of an additional home, but the view would be enhanced''
due to the height limitation applicable to the newly constructed
home as well as the limitation applicable to the trees and
shrubs on the subject property.',
We believe this additional information would materially affect
I:
not only the staff's conclusion, but the conclusion reached by
the Hearing Examiner. I understand that you will forward this
information to Mr. Driscoll and schedule another public
hearing on the matter. You ind&.ated the possibility that this `
hearing would be scheduled on May 19, 1983. Would you please
confirm this date.
Very
truly yours,
RICHARD R. BERESFORD
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Enclosures
Restrictive Covenant
Miscellaneous Letters
cc: Mr. & Mrs. Charles E. Raymond f
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SUM
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"On Thursday, May 19, 1983, evidence was taken in support
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of Charles Raymond's requested reconsideration of the
denial of a variance application. At that hearing, Donald
and Patricia Wightman's Statutory Warranty Deed was
offered. This was the first opportunity I had to review
the easements in question, having been previously notified
by the title company that there were no easements of record.
I have now had an opportunity to review this document and
to verify the accuracy of the drawing attached. The 12'
easement along the North side of the property lies 6' on
the Raymond property and 6' on the property to the North.
1
The easement along the West side of the property is entirely
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on Parcel "A" and does not include any part of the Raymond
property. The diagonal easement is entirely on the Raymond
property.
I am enclosing a copy of a proposed RestrictiveCovenant
which includes a specific provision dealing with its enforce-
ability and including a requirement that a prevailing party
in an action to enforce the same would be required to pay a
reasonable attorney's fee and costs incurred in such an action.
I hope you find as I have that this document satisfies all
the specific objections previously articulated by Mr. Raymond's
neighbors, even including Mr. Wightman whose objections were
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FILE NO...
P,PPLI'CANT Charles E'. ' Raymond
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AFFIDAVIT OF MAILING
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STATE OF WASHINGTON
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COUNTY OF SNOHOMISH
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Teresa S .
Quigley tie ng 'first duly sworn , on` oath
deposes and says:
That the
28th day of; March $8 the attached
on
,19
,X
Notice of Public Hearing `was .mailed, as required to adjacent property owners,
the names of which were provided by the applicant.
Signed
Subscribed and sworn.to
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before me this .day of
19
Notary Public i n for the
State of Washi n.—� }
Residing at
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V 2-83
FILE: tJ0 •,r
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APPLICANT"Charles E: Raymond'
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AFFIDAVIT OF POSTER
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STATE OF WASH I NGTON
ss.�,
COUNTY OF SNOHOMISH )
Duane V. Bowman being first duly
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sworn,
on oath .deposes and says:
Thaton the
28th day of March
, 1983, the
attached Notice of Public Hearing was posted as prescribed
by Ordinance,•
and in any event, in_the`Post
Office and Civic Center,
and where apple- "
able, -on -or near the
subject property..
Signed t. ,.
Subscribed and sworn
to before me thisday of
6
193
Notary Public in
for the to
Washington residing at
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THEAFAR PSG EXAMINER WILL HoLr�,A Pug11
k� _THURSDAY, APRIL 7,l983 , ON THE FOLLOWING ,�1PPL4CA!'10[11•�;'� ';
FI LE''NO V-2-83
U AR _ A .ES I �!(' TO ALLOWTWO LOTS BEL014 MINIMUMLOT AREA AND 1-0 W,IDTH,tSY 1
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CODE -REQUIRES 12,000 SQUARE FOOT LOTS AND 80-FOOT LOT WIDTHS,
RE HST I S F- . OR L() I S OF 10 , 7�5 AND 1,d, 628 SC.!UARE FEET At�D OT t
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WIDTHS OF 67 FEET.
PROPERTY ADDRESS AND LOCATION 1611 - 9TH AVE, N , 1 L
ZONE DISTRICT RS-12 (SINGLE-FAMILY RESIDENTIAL)
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THE.HEARING WILL BEGIN AT 7:_3d P.M. , IN THE)9MM9V4ftMW
(i{ii�E oW-� i ` 4X1 ] I4X1 X C»Pr?�I C,(I�t�zr�t{b i t?� �4X PLAZA MEETING ROOM, LIBRARY
BUILDING, b51! h1AIN STREET, EDMONDS, WASHINGTOId
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 TLIE 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 INFORIVIATION IS NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED
ONLY AT THE MEETING.
ADDITIONAL INFORIPIPATION MAY BE OBTAINED AT THE COMMUNITY DEVELOPMENT DEPARTMENT,
EDr,IONDS (PHONE 771-3202., EXTENSION 254
{ruica..�wns:a�-... �i.I-�a..u:.i�:.�i -. �*•a •2'v� m<.•w- .. ., .•c rw+IFY[••p. ,fir.. ^attibi!^,n R`;..m^ v4 •TME^.%�.'i�'3FF'f i
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THE REMOVAL, MUTILATION, DESTRUCTION, OR
wt.40
f4,�,f,}sic fir? CONCEALMENT OF THIS NOTICE BEFORE THE DATE
+ cf` I � ' ` I "�I OF THE HEARING I5 A MISDEMEANOR PUNISHABLE
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3 Ev} Ia s -
BY FINE AND IMPRISONMENT.
THS NOTICE MAY E `-EMO :� T APRIL_ 7, 1�?83
n"- {. �'.G� � `/ _ t, �, [-_ � L , i-C -C _ . C �''L •' �-� -'' 7 r �7„ � . f�-t , c7 ,.`,, f
^.m.n;pr•-.�!�mq. anMF•'Pa`e¢'.tv.«.-�r'Te."�'.t'!•ew+n '.� . '1 ^^r- T. •n�- .. ..'! .::._-V. ,_.. . , 9!T!..:�.'_""'Tr't'...'^"1"", "i•"}^s'�!'1:.: , f?'±"TLTa'3'e81YL':R'd]4C1'.'NP.'lfP.5111141T:3141^.`A•�f360P./sCSiiL'rieT.rTT-:Nct+rnurrx?c
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ZONE DISTRICT
RS-12
THE HEARING WILL BEGIN AT 7.3f1 P .M. , IN THEA4j� 9Al mRRRR
3�9X CRCr� N�STR�E(+Tj� Q �(X jW ICN��TpN CPLAZA MEETING ROOM, LIBRARY
Tl= Y I �lqq ��NtENT ONTT I �'81�8 AL Y�SU fVIAV COME TO THE HEARING AND SPEAK. YOU
ULJ M TH
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.
R
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and (
Findings .cision of the
Hearing Examiner of the City of Edmonds,y,t
Re: V-2-83
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Page 2 yy
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Exhibit 1 - Staff memo;
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" 2 - Request for Reconsideration°dated
5/2/83 t
" 3 - Letter from the Applicant's Attorney
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" 4 - A Proposed Restrictive Covenant
5 - Letter in Support of the Variance`a
" 6 - An Easement on the Property:
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" 7 - Letters of Opposition to the Easement
8 Replies
After due consideration of the evidence presented by the Applicant;`
}7^".
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
6:
and conclusions constitute the basis of the decision of•the
Hearing . Examiner
i•.
FINDINGS OF FACT
1. The Applicant has requested variances for property located
at 1611 9th Avenue North, Edmonds, Washington.
FS
2. The Applicant specifically requested variances to allow
two lots below the minimum lot area and required.lot width
in an RS-12 zone.
3. A hearing was held on the request for the, variances on-
-'
April 7, 1983. Findings of fact and conclusions supporting
a decision denying the variance requests were issued by the
Hearing Examiner of the City of Edmonds.on April 19, 1983.-
4. Pursuant to the Rules Governing Land Use Proceedings in..
the Cityof Edmonds, the Applicant requested a hearing"
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for reconsideration o.f the Hearing Examiner's decision".
denying the variances. The request having _;good
cause was granted and a hearing was held on May 19', 1983.
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5. At the reconsideration hearing the Applicant submitted
1
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letters from neighbors in support of the variances.
`.
Specifically, these letters stated that the authors had
no opposition to the requested variances.
6. The Applicant contested whether there was in fact a recorded
easement on the property. According",to the Applicant, if
1
there was no recorded easement the area of the property
would be 11,500 square feet.
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7. The Planning Department of the City of Edmonds submitted
that there was in fact a recorded easement on the,property;
and produced the easement together with the auditor's
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filing stamp and auditor's number recorded on the easement.,,,##
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Findings. and acision of the
Hearing Examiner of the City of Edmonds
Re: V-2-83
Page 3
8. Because easements cannot be included in the total area' of
a lot the subject property contains only 10,700"square feet
9. The Applicant submitted that he was willing to file with
the property a restrictive covenant in which height of,
dwellings would be restricted to City standards, height
of vegetation would be restricted so as not to obstruct'
views. Also,.in the restrictive covenant -there would"be
-a:.limitation as to the number of vehicles allowed to use
the easement to the.property.
10: The Applicant submitted that this restrictive covenant
,J
would be enforceable and would apply to the general
public as well as to the property owners directly
a;
affected by this proposal.
ll.. The Planning Department of the City of Edmonds submitted
that even though the Applicant was willing to file a
restrictive covenant the criteria for granting a variance
within the .City of Edmonds had not been met.
12. A witness (Whiteman) testified that the reconsideration
hearing should not have been allowed and that the original,'
f.,.
April 19, 1983, decisionshould remain.
f,
CONCLUSIONS
1. The application is for the approval of four variances.
Specifically the variances are for property, located at
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1611 9th Avenue North, Edmonds, Washington.
2. On April 19, 1983, the Hearing Examiner of the City of
Edmonds denied the requested variances. Subsequent to,
this denial the Applicant moved for reconsideration and
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a new hearing was granted.
3. In order for a variance to be granted the criteria as listed
in Section 20.85.010 of the CityofEdmonds Community
Development Code must be met. The specific criteria are
«-
set forth in Finding #7 of the April 19, 1983, decision.
4. The Applicant has failed to meet the criteria of 20.85.010.
1'
The specific failures are listed in the conclusions of the
a
April 19, 1983, decision.,
DECISION
;
Based upon the findings of fact, conclusions, the site visiti-
tation, the testimony and evidence submitted at the public
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hearing, the Hearing Examiner of the City of Edmonds hereby
j
denies the request for reconsideration and upholds the decision
as set forth on April 19, 1983.;
The basis of this denial is that the Applicant has failed to
p;`