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CITY OF EDMOND S
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BOARD OF ADJUSTMENT
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APPLICATION FOR VARIANCE
HEARING DATE:
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APPLICANT Michael Dean Echelbarger ADDRESS 6010 106th N.E. Kirkland
CITY & ZIP Kirkland, and,. V,lash 98033 PHONE 774-0205
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INDICATETYPE OR DEGREE OF INTEREST IN PROPERTY Purchasing Property,;:
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BOARD OF ADJUSTMENT RECT
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APPLICATION FOR VARIANCE
APO' S F'
HEARING DATE :
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APPLICANT ICJ t Clhjo- 06f..j 6 0/0
CITY & ZIP PHONE ^] ? 4 - D220��
INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY .r4
LOCATION OR ADDRESS OF PROPERTY /C��C�f3Gr° w'
LEGAL DESCRIPTION OF PROPERTY zb
VARIANCE REQUESTED: ;c,JJ11
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FOR OFFICE USE`ONLY
USE ZONE:
ZONING ORDINANCE REQUIREPENT : b r �J....�' `' °t , a: 1' 41 K. � �O/ ►�i-re,i-1'0Ca
STATE OF WASHINGTON) ss.
COUNTY OF SNOHOMISH) ,
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Signature .of Applicant, Owner, or
Representative q
On this date, before me, the undersigned, a Notary Public in and .for the State`
of Washington, duly commissioned and sworn, personally appeared-/-�?.,_,,:,t'�L.tr���;''
who, being duly sworn, on his/her oath deposes and says that (s)he has prepared
and read the attached statements and has acknowledged to that the recititations
contained therein are true, and has signed this instrument as his/her free and.
voluntary act and deed for the purposes therein mentioned.
Subscribed and sworn to before me this �. mayday of ,c . `, 19 jw
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Notary Public inandfor the State of Washington,
residing at , -, ;•=--o , . 4----:� $1;
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DECLARATIONS OF APPLICANT
Please answer all questions
S"
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?
See attached topographical The development of the estate into a PRD with
p 12 lets and nearly 5 acres of common open st)ace instead of the 23 units allowed
-er zoning resulted in extremely small home sites. The lot is only an average
1
of 62 feet deep but drams in elevation -by almost 30 feet. EQ to the small.size &
steepness of the lot I do not have the option of moving the house site to a different
C 2. How does your property differ from other property in the same locaetsoin entbaccs
vicinity.
The existing hones in the -plat are built on the flat ( ie: easy to build on). Lots
? 8,10 11 and 12 will experience the same problems. Lot 10 will experience a
' more severe problem -
V
3. Will this variance be detrimental to the public or damaging to
other property or improvements in the vicinity?
M
No. See attachment C.
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4. What hardships will result to you if the variance is not granted?
Will these hardships have been caused by'your own action?
Without the variance only a single story house with a basement could be built
on the lot. This type of house is not in character with the rest of the devel-
otxnent This hardship is caused by the natural topography of the land.
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5. Section 12-16.110 "----and if a building permit and/or occupancy Mrmi t is .not obtained
for the subject property within one year from the date of the Board's decision the con-
ditional use permit or variance shall be automatically null and void.---"
6. Decision shall be effective on:
Date
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DATA
Date of ApplicationDate of Nearing:
Date of Publication: 5- 3 —,5'V Continuances:
Date of Posting:
E
Date of Appeal from Decision of the Board:
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TOPOGRAPHIC SUIZVF-Y
FOR
MICHAEL. ECHF—USARGER
LOT (3, ;21EPLAT OF BROOkACREG ESTATES
EDMONDS, WASHtNGTON.
L Lovell- Sauerland & Assoclateso Inc.
SUMEyofM . DeveLopwo" CoNaXTANTs, • PLANNERS.
23104 100TH AVE. W. * EDMON06 WA. DOM F440NE 775-1503,
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porch encroachments were design problems, but.that the deck encroachment
into the common open space would not substantially affect the open space in
the PRO as it was for the most part only into the air space of the common"
open area, with the supporting posts being the only ground intrusion.`<
Assistant City Engineer Patrick Wilson stated that public utilities did not
;
appear to be affected by this action. The hearing was opened to the public.
Michael Dean Echelbarger described the Brookacres PRO property as being
similar to the university arboretum, and he said the lots originally had
been made too small. After construction of the first home they found there
were problems with the small lots so it was replatted into larger lots,
giving some of them more depth (10'- 25'). He described the proposed house
in relation to the lot and said the actual post intrusion into the setback
would be l'- 1 1/2', and that kind of intrusion would not adversely affect
the common ground. He said this was on a very steep hill and it was not
�;,
likely anyone ever would climb the hill except possibly a child. Regarding
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the front yard intrusion, he felt it would have no impact on the neighbors.
He noted that Lot 6 is very steep and that the design problems were severe
f4
and were aggravated by the curved shape of the lot. The house designed for
the lot is large, but it is long and not very wide, and he said there is no
problem with the front end of the porch except where the curve of the lot
is. He provided a drawing showing the road and the setbacks of all the
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houses. He said the road is 42' away from the house and 22' where the
garage is, and it will appear that this house has the greatest setback
because the road is paved farther away from it. He said all of the owners
except for Mr. Long, who was present, had seen the plans and signed a
petition supporting the application.
i
Ken Long, 14730 24th Ave. S.E., said he appreciated the problems in building
on that site but he was purchasing the adjacent lot and was interested in
whether this would interfere with the sight lines of that lot. He examined
the site plan and then said he h?d no objections.
Bill Hamilton, 16530 76th Ave. W., Brookacres, supported the application.
He said this is a privately owned community and one of the concerns they
all have is the design of the homes. He felt it would be very difficult to
build on Lots 6, 7, and 8, and in order to stay within the setbacks they
would have to have substandard homes in the area. He supported all of the
variances requested and said 2 1/2' would not be seen by the naked eye. He
felt from his discussions with his neighbors that they all were in favor
of the application. No one else wished to speak, and the public portion
of the hearing was closed.
Mr. Bowman clarified that the height variance was 5'. Mrs. Derleth observed
that the actions the Board takes are not supposed to be precedent setting
but it appeared that Lots 7 and 8 will have similar circumstances to those
of Lot 6. She asked if this basically was a replat. Mr. Tanaka responded
that a variance is the proper means to achieve what the applicant wanted
and, although there may be another way to do it, this was his choice. MR.
HATZENBUHLER THEN MOVED, SECONDED BY MRS. McGEE, THAT ALL THREE OF THE
VARIANCES REQUESTED BE APPROVED IN VIEW OF THE FACT THAT THE PEOPLE AFFECTED
BY THIS ALL SEEM TO BE IN FAVOR AND BECAUSE HE AGREED THAT THIS WAS A VERY,
DIFFICULT LOT TO DEVELOP AND THAT GRANTING OF THE VARIANCES WOULD NOT BE
INJURIOUS TO THE HEALTH, WELFARE, AND SAFETY OF THE SURROUNDINGAREA.
MOTION CARRIED.
V-32-80 P. B. NASH - Variance from required side and rear yard setback at 8821
t�S.W. (RS-12)
Mr. Bowman said this was one of those cases where something was constructed
without a building permit and a complaint was filed. He showed slides -of
the site and reviewed the application. The request was to allow playground
equipment to encroach into the required side and rear yard setbacks. An
accessory structure of less than 600 sq. ft. may locate up to 5' from the
rear property line and 10' from the side property line. Mr. Bowman reviewed
BOARD OF ADJUSTMENT
Page 2 - October 15, 1980
Mr -
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BOARD OF ADJUSTMENT
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October 15, 1980
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The regular meeting of the Edmonds Board of Adjustment was called to order by' Chaiman '
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Jack Byrd at 7:30 p.m. in the Council Chambers of the Edmonds Civic Center. `Chairman'
rx,.
Byrd welcomed the audience and explained the functions of the Board, the procedure of
t the hearings and the method of appealing decisions of the Board.
PRESENT ABSENT STAFF PRESENT
Jack Byrd Muryl Medina Duane Bowman, Associate Planner,
4 Ann Derleth Patrick. Wilson, Asst. City Engineer
Harold Hatzenbuhler Wayne Tanaka, City Attorney
;.
Bill Leraas Jackie Parrett, Deputy City Clerk
Anne McGee
Chairman Byrd stated that he had not been advised of any excused absence this evening,
so Mrs. Medina's absence should be designated as "unexcused," pursuant to Ordinance
2156. Mr —Bowman stated that Mr. Roy considers himself resigned from the Board, as
of last July, but that he would be willing to sit in if needed for a quorum.- City
Attorney Wayne Tanaka said that would not be permissible. The board members were
requested to make every effort to be present at the next two meetings, after which it
is expected that the Board will be.disbanded.
APPROVAL OF MINUTES
MR. LERRAS MOVED, SECONDED BY MRS. DERLETH, TO APPROVE THE MINUTES OF AUGUST 20,
1980. MOTION CARRIED. (There was no September meeting because of lack of a quorum.)
CONTINUED AGENDA f
V-30-80MICHAEL DEAN ECHELBARGER - Variance to height requirement, to allow decks
to project 3 :into common open space, and;to allow.porch"in,requi,red'front
yard setback at, 16600,76th Ave. W. (RS-12'%PRD)
The Zoning Code requirement for this site is 10' front setback and 30'
maximum height itched roof. The application was to allow two decks=(one'
above the'other� to intrude 3' into the common -space, the ground intrusion
being only a pole supporting the decks; for the porch to intrude 2.5' into
the front setback; and to allow a maximum height of 29' from "fixed datum
point 94'." City Attorney Wayne Tanaka felt there was some ambiguity in
the application as to height. He determined that the advertisement for the
hearing was satisfactory because it did not state the exact amount of
height variance, but he felt that anyone examining the file might be misled. -
Mr. Bowman said no one had asked to look at the file, nor had any telephone
calls been received regarding this application. Mr. Tanaka then advised
the Chairman to proceed with the hearing.
Mr. Bowman noted that there are no rear yard setbacks in the Brookacres
PRD. He showed slides of the development. This would not amount to a
rezone. The front, steeply sloped lots of the PRD are difficult to develop
because of the topography. All of the lots are small and expensive and:
because this lot has such difficult topography the applicant has a difficult
design problem in trying to meet the height requirement. The special
conditions of the topography do not result from actions of the applicant.
There would not be unnecessary hardships and practical difficulties in
carrying out the provisions of the Zoning Code. Granting of the variance
would not be detrimental to the health, safety, or welfare of property
owners in the vicinity. Mr. Bowman felt the height variance was a minimum
variance to make possible reasonable use of the land. He said the building
may not exceed 35' in average height. He felt granting of the height
variance and deck encroachment variance would be compatible with the Zoning
Code, and recommended approval of those, but he recommended denial of the
porch encroachment into the front setback. He felt the deck and porch
FORM INC). MEM. 88T
DETACH THIS COPY - RETAIN FOR AN ANSWER
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PLANNER'S VARIANCE
REVIEW FORM
FILE # V 30=80 :ir
APPLICANT: Michael Dean EchelbargeruA
ADDRESS: 16600 76th Avenue West ZONING: RSr12/PRD;
re Height uirement decks 3' into common space and porch intrude
VARIANCE REQUESTED: 9 q p
2 . 5 ' into front setback.
ZONING CODE REQUIREMENT: 10' front setback, 30' height pitched roof.'
OTHER PERTINENT,FACTS: There are no rear yard setbacks in the Brookacres PRD.
Variance is necessary to encroach into the common open space.(See attached sheet).,,,;
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VARIANCE CRITERIA - Section 12.16.100
�{
1. Does this amount to a rezone? No.
2.(a) Are there conditions and/or circumstances not generally applicable to other
lands in the same district? All the remaining lots in Brookacres are steeply
sloped and will be difficult to develop.
(b) Would strict enforcement of the zoning code deprive the property owner of rights
commonly enjoyed by other properties in the same district? Brookacres are
small and expensive. Because this lot has such difficult topography, the applicant
has a difficult design problem in trying to meet height requirement.
3. Do the special conditions result from the actions of the applicant. No. The.
lot's topography creates the problem condition.
4'
4: Are there unnecessary hardships and practical difficulties in carrying out 'the
provisions of the zoning code? No.
5. Will the granting of the variance be detrimental to the health, safety, or welfare
of property owners in the vicinity? No.
6. Is this the minimum variance that will make possible the reasonable use of landT
Yes, in regards to the height variance. Building may not exceed 35' in average
-
height.
7. Will the granting of the variance generally be in harmony and compatible with this
zoning code? Yes, for height variance and deck encroachment.
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Affidavit of Publication
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
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The undersigned, being first duly sworn on oath deposes and
^;�`aa��,�AJtING♦tP,T�TIOt� ''; ,� that she is Principal Clerk of the EVERETT HERALD, a daily nIMP
ews-
FaB.Ya rs o r�s `}' rY;t tinted and published in "the Cit of Everett County of Snoho-
6 paper P' P Y ya,
at�iiAtt[!. „O � O:l ST NT
xtlJIB,esfeddet3oiisare'. mish, and State of Washington; that said newspaper is, a newspaper, herJ4btir Alft�dNthgt °Wptlnes
ikaa4fher:r Sth`y�Jby`of Octa'
6er,,144%' h,'s�t,7 esw
beedof general circulation in said County and State; that said newspaper ; .
�'th�e'y bt �4f�rr,rypecirino apetlt on z' �� °
a s#fled rbi Mfch4el Dea ,x Ch s
elbabertoY�an rartdn�ekfo,� has been approved as a legal newspaper by order of the Superior
?h¢)ahyfh`F�equl{emenj, otlow' _-
ry ��RSrY�`taSFkgfo�@4�r �3� `� tnro< Court of Snohomish County, and that the notice - ...... ...::. ....
��coCfttna��oaetr,;Dace; aHd:al; ;k'=f ;
IoML', porch<klrt re9uiYed ;,frogf
Var SSefbucki,ot 16600h 1h T
"Avb g�,INesf: saiC property ;� NOTICE OF HEARING
......
betaaa^so4@el�(RS 12/,1' D),! :,,..................................................................:. ....
� ",;Said' heorinb r`vGytpRb��..;a'�^ ' s •. ,;
,,7:30 d,P M= , iqL"fh'e i� Courictl t
. hcmbprs) Qt{thejiClvlr Celt ` .............. ..............
} tgrE;' Ede4tands: � WashJnpton;; ..................................................
5+;befog fh@�18oard?ot�;Adlusk''I
�ent��and.,"".all 1pteresJed per-;� -
ason IRENEVARNEYppeo +. ,':
r�}ijsMORAN± K i ..... ..... ... ....... .. ._... ..........._.... ... ......_._._.
a printed copy of which is .hereunto attached, was published in said "
xF't1:EKN0 aV30.80 :;'.+� �.e7_
pabnsned 'oct 2;,�peok. , 4'' newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
OCT. 25 1980
.._...... .................................. ............... . ..................................................
....... ...... .....-- .....: ._ ....... .......
and that said newspaper was regularly distributed to its subscribers
• during all of said period.
.... ......... ........ ......... .__...._. .._.-,.-- ... _.:_--..._... __..._. .___--- ___ ---
.Principal^ '
Clerk'
Subscribed and sworn to before me this , 3rd ..__.
OCTOBER0
\\\ day of ............ ..... -.._ ..._ .... ........
YYY of y Public in and for the State of Washington,
es- 'ng at Everett, Snohomish County.
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PROPERTY ADDRESS AND LOCATION _ b oo no4vemuj- ales �-
ZONE DISTRICT 1�
THE HEAPING WILL BEGIN AT • :30.M. , IN THE COUNCIL CHAMBERS
OF THE EDMONDS CIVIC CENTER, 250 FIFTH AVENUE NORTH.
IF YOU WISH TO COMMENT ON THIS PROPOSAL, YOU MAY COME TO THE HEARING AND SPEAK. YOU
MAY ALSO WRITE A LETTER STATING YOUR VIEWS WHICH WILL BE CONSIDERED AT THE HEARING.
PLEASE ADDRESS THE LETTER TO THE COMMUNITY DEVELOPMENT DEPARTMENT AND INCLUDE THE
ABOVE FILE NUMBER.
IF THE ITEM IS CONTINUED TO ANOTHER HEARING BECAUSE THE AGENDA IS NOT COMPLETED, OR
FURTHER INFORMATION IS NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED
ONLY AT THE MEETING.
ADDITIONAL INFORMATION MAY BE OBTAINED AT THE COMMUNITY DEVELOPMENT DEPARTMENT,,` `
505 BELL STREET, EDMONDS (PHONE 775-2525, EXT. 227).
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THE REMOVAL, MUTILATION, DESTRUCTION, OR
CONCEALMENT OF THIS NOTICE BEFORE THE DATE
I
WARNINGMI OF THE HEARING IS A MISDEMEANOR PUNISHABLE
BY FINE AND IMPRISONMENT.
THIS NOTICE MAY BE REMOVED AFTER /0 a Z50
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NOTICE OF HEARING PETITION
FOR VARIANCE
BY EDMONDS BOARD OF ADJUSTMENT
All interested persons are hereby notified that Wednesday, the
a
15th - day of October 19 80 , has been set as the
date for hearing petition filed by Michael Dean Echelbarger. }
\
for a variance -f to heighth ` requirement ,
allow decks to project 3' into common open space, and
'
allow in required front yard -setback.
rorckv
` at 16600 76th Avenue West
said property being zoned (RS-I2JPRD)
Said hearing will be at 7:30 P.M. in the Council Chambers of the
Civic Center, Edmonds,. Washington before the Board of Adjustment
and all interested persons are invited to appear.
IRENE VARNEY MORAN
City Clerk,.City of Edmonds
FILE NO: V-30-80
PUBLISH: 10-2-80
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FILE NO.
tUf- -/9- 19 , ON THE FOLLOWING APPLICATION:
- _ t r't ag e-e 1J 70% e't.ev-oa ) Yam"
uireda. dua'ol�.�'
PROPERTY ADDRESS AND LOCATION I(P(Pit
ZONE DISTRICT
THE HEARING WILL BEGIN AT �s��--� M. IN THE COUNCIL CHAMBERS
OF THE EDMONDS CIVIC CENTER, 250 FIFTH AVENUE NORTH.
IF YOU WISH TO COMMENT ON THIS PROPOSAL, YOU MAY COME TO THE HEARING AND SPEAK. YOU
MAY ALSO WRITE A LETTER STATING YOUR VIEWS WHICH WILL BE CONSIDERED AT THE HEARING.
PLEASE ADDRESS THE LETTER TO THE COMMUNITY DEVELOPMENT DEPARTMENT AND INCLUDE THE
ABOVE FILE NUMBER.
IF THE ITEM IS CONTINUED TO ANOTHER HEARING BECAUSE THE AGENDA IS NOT COMPLETED, OR
FURTHER INFORMATION IS NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED
ONLY AT THE MEETING.
ADDITIONAL INFORMATION MAY BE OBTAINED AT THE COMMUNITY DEVELOPMENT DEPARTMENT,
505 BELL STREET, EDMONDS (PHONE 775-2525, EXT. 227).
THE REMOVAL, MUTILATION, DESTRUCTION, OR
CONCEALMENT OF THIS NOTICE BEFORE THE DATE
WARNING! OF THE HEARING IS A MISDEMEANOR PUNISHABLE
BY FINE AND IMPRISONMENT.
THIS NOTICE MAY BE REMOVED AFTER %- / 2-8�
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47
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PLANNER'S, VARIANCE REVIEW FORM FILE # "U 30-80
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APPLPCANT: Michael Dean Echelbarger
ADDRESS: 16600 76th Avenue West ZONING: RS-._ PRD
VARIANCE REQUESTED: Exceed permitted height; allow deck to intrude 3' into
5
Brookacres common open space. —
ZONING CODE REQUIREMENT: Code requires height to not exceed 30' for pitched roof fr
�Y
OTHER PERTINENTFACTS: There are no rear yard setbacks in the Brookacres PRD.
b '
Vari ance is necey_ to encroach_i nto the rL11T![tlnn nnPn snara
VARIANCE CRITERIA - Section 12.16.100
1. Does this amount ,to a rezone? No.
2.(a) Are there conditions and/or circumstances not generally applicable to other
lands in the same district? All the remaining lots in Brookacres are steeply
sloped and will be difficult to develop.
(b) Would strict enforcement of the zoning code deprive the property ownerof rights
commonly enjoyed by other properties in the same district? The lots in
V Brookacres are small and expensive. Because this lot has such difficult topography.,
the applicant has a difficult design problem in trying to meet height requirements
3. Do the special conditions result from the actions of the applicant? No. The
lot's topography creates the problem condition.
4. Are there unnecessary hardships and practical difficulties .in carrying out the
provisions of the zoning code? No.
5. Will the granting of the variance be detrimental to the health, safety, or welfare
of property owners in the vicinity? No.
height.
6. Is this the minimum variance that will make possible the reasonable use of:land? d?
Yes. Building may not exceed 35' in average height:
a
7. Will the granting of the variance generally be in harmony and compatible wi h this
zoning code? Yes.
Ir
Staff recommends approval of both variances
` Planner's'Variance Review 12/%7 t
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Affidavit of Publication
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COUNTY OF SNOHOMISH,y
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NOTICE OF HEARING PETITION
FOR VARIANCE
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BY EDMONDS BOARD OF ADJUSTMENT
All interested persons are hereby notified that Wednesday, the
17th day of September 19 80 , has been set as the.
date for hearing petition filed by Michael Dean Echelbarger
for a variance - =d4)N=Wx=ftVeMAx to encroach rear yard
setback and 3' into common space and from required height.
at 16600 76th Avenue West
said property being zoned (RS-8/PRD)
Said hearing will be at 7:30_P.M. in the Council Chambers of the
Civic Center, Edmonds, Washington before the Board of Adjustment
and all interested persons are invited to appear.
3
IRENE VARNEY MORAN
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Cit Clerk, Cit of Edmonds
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FILE N0: V-30-80
PUBLISH:. 8-30-80
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