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18905 84TH AVE W.pdfk . I I I EX H I BIT 2 FILEil. OX 0 DATE CITY OF EDMONDS FEE HEARING EXAMINER RECT Jvw APPLICATION FOR VARIANCE APO'S HEARING DATE: APPLICANT D140)"A . aiij 9;f-eq, -1V,e1.n11CJ DDRESS (J�qj)F CITY & ZIP._fCJ1"j))1Ji JA.�,, C PHONE T7 2 -7 L 51 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY LOCATION OR ADDRESS OF PROPERTY LEGAL DESCRIPTION OF PROPERTY Trev­ -:! �D 41 -11, e C 0 I'A M 4% Alt-iciiiie I e7,f �Oe(cre� 'I VARIANCE REQUESTED:_ et hd; 4�i) o `in J AI FOR OFFICE USE ONLY: USE ZONE: ZONING ORDINANCE REQUIREMENT: V-�i lwe(. I 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 applican"t, 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 pr6perty for the purpose of inspection and posting attendant to this application'. Signature of Applicant, C1 Representative r or I 4 DECLARATIONS 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? k!e' is Yt) Io -�' e: e -1'r Y h e el-t' '/-h e 72A 2. How does your property differ from other property in the same vicinity? .-,L:lt- di) e 190 e7lr e 3. Will this variance be detrimental to the public or.damaging to other property or improvements in the vicinity? /Xa / 7� d A-1 ed M-7 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? lie-e, c e, /,'>Lh OA*' le/ "'lled A 'ulzlekl C/j, &Z 5. Can you make reasonable use of your property without the variance? 71 - J ALY� e),, /),,!j 1jej el- 0 A I B 3 OT 100 AO�O x %Olt ou�;E ,cc ? e( i NC 7 AE� 71 4 47 U 1701 Olt. k wo CIO 4ts I op� : I ".. f 41 A P E X H I I 187 P1 s We cq IIQ f8621 t4 Poll feet to to co 0014 t%J %n LQ C.� fee N Qe%I e%el y%% 42 to*% III. I" on fell Ill. 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Set%( 7 ST 40 ve Ir to ele, co 40 9 le Ie, �9612 CA 99M a� Wei! 04 tq > to 1 03 03 Lm ect kA Fee 1941.4 64 IllellIeleIll oleo I vq:1 two co w%j 96Z9 1943 19417 lll� �t6 19423 27 re. le%'i N 0. R. IT 0 IL; I V� d or "o A2 -rH A V.F,5 %5 ecru 1, L) '(76 A M* Fbivto x;s kL) W.. r IgY2 2p 0 'r - --- r . � rk) / p �j es "@oaf ,%� g L3 A 0�� ) 04AA- (2c cf 0(5 v Ur 0 W.- I U E I V D CINT:ER-O::FF:ICE CORRESPONDENCE .INTER- :C::! Bobby Mills Public Works G I -I"Y- OF E0M0-ND$,- Gary McComas Fire Marshal Feb.*3, 1986 DATE TO- D mT-S M1 -Ml �J eT-r" -a 0-t h' ENP WnT i n-- SUBJECT V-3-86 VARIANCE TO REDUCE REQUIRED SIDE SETBACK FROM 10' TO 5' AT 18905 - 84TH AVE. S. (RS-12) HEARING DATE: MARCH 6, 1986 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN FEBRUARY 20, 1986. THANKS. P,Ect IV t �-EG 4,1986 pUBtIC ORWS Duane Bowman - Planning Division BY TOPS FORM 1232 VERBAL ORDERS DON'Tra a LITHO IN US A. Ice "Fry t C�GRRESPON INTER -OFFICE CORRESPONDENCE. Bobby Mills Public Works -McComas Fire Marshal Feb. 3, 1986 Gary DATE TO" Dn--snTj-tK-/-jeTiry-HMtK Ti SUBJECT V-3-86 VARIANCE TO REDUCE REQUIRED SIDE SETBACK FROM 101 TO 5' AT 18905 - 84TH AVE. S. (RS-12) HEARING DATE: MARCH 6, 1986 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN FEBRUARY 20, 1986. THANKS. re q V R a Duane Bowman - Planning Division BY TOPS FORM 1232 VERBAL ORDERS DON'T GO LITHO IN U.S.A. E I V E D V-3-86 VARIANCE TO REDUCE REQUIRED SIDE SETBACK FROM 101 TO 5' AT 18905 - 84TH AVE. S. (RS-12) HEARING DATE: MARCH 6, 1986 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN FEBRUARY 20, 1986. THANKS. R E C E I V E D 'FEB 0 �,- 1986 ED.%40NDS FIRE DEPT. Duane Bowman Planning Division BY TOPS tP FORM 1232 VERBAL ORDERS DON'T GO LITHO IN U.S.A. c- 0c) ACV NOTICE OF PUBLIC HEARING THE HEARING EXAMINER WILL HOLD A PUBLIC HEARING THURSDAY, MARCH 6/ 86 19- ON THE FOLLOWING APPLICATION: FILE NO.- V-3-86 VARIANCE TO REDUCE REQUIRED 10' SOUTH SIDE SETBACK To 5' PROPERTY ADDRESS AND LOCATION 18905 84TH AVENUE W. ZONE DISTRICT Rs-12 THE HEARING WILL BEGIN AT 7:30 P-M., IN THE PLAZA MEETING ROOM, LIBRARY BUILDING, 650 MAIN STREET, EDMONDS, WASHINGTON. IF YOU WISH TO COMMENT ON THIS PROPOSAL, YOU MAY COME TO THE HEARING AND SPEAK. YOU MAY ALSO WRITE A LETTER STATING YOUR VIEWS WHICH WILL BE CONSIDERED AT THE HEARING. PLEASE ADDRESS THE LETTER TO THE PLANNING DEPARTMENT'AND INCLUDE THE ABOVE FILE NUMBER. IF THE ITEM IS CONTINUED TO ANOTHER HEARING BECAUSE THE AGENDA IS NOT COMPLETED, OR FURTHER INFORMATION IS NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED ONLY AT THE MEETING. ADDITIONAL INFORMATION MAY BE OBTAINED AT THE PLANNING DEPARTMENT, 250 FIFTH AVENUE NORTH, EDMONDS (PHONE 771-3202, EXTENSION 252). 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 MARCH 6, 1986 po��c.o rk�a.cdc/ Z- 2�-Y� FILE NO. V-3-86 APPLICANT David & Rita Ireland AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Susan Painter being first duly sworn, on oath depose§ and says: That on the 21st day of February '19 86 the attached Notice of Public Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Si gned AV4-04t pa� 64'? tFA Subscribed and sworn to before me this c�.2/,,,/day of 19 a AFFIDAVIT OF POSTER STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) FILE NO. APPLICANT V-3-86 David & Rita Ireland Duane Bowman being first duly sworn, on oath, deposes and says: That on the 21st day of February 19 86 , 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. S i g n e d Subscribed and sworn to before me this day of 19-(" Notary Public in and for the State �of Washington. Residing at Dougl as De War 1206 8th Ave. S. Edmonds, WA 98020 David & Rita Ireland 18905 - 84th Ave. W. Edmonds, WA 98020 Christopher L. Mueller 18902 - 84th Ave. W. Edmonds, WA 98020 Lloyd V. Guffey 18901 - 84th Ave. W. Edmonds, WA 98020 Donald L. Matthes 18824 84th Ave. W. Edmonds, WA 98020 John Geary 18922 84th Ave. W. Edmonds, WA 98020 Jim Streckenboch 18822 - 83rd Ave. W. Edmonds, WA 93020 Em EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: V-3-86 HEARING DATE: March 6, 1986 I. REQUESTED ACTION: Variance to reduce the required south 10' side setback to 51 at 18905 84th Ave. W., Edmonds. II. APPLICANT/OWNER: David & Rita Ireland 18905 84th Ave. W. Edmonds, WA 98020 III. LEGAL DESCRIPTION: See Exhibit 2 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surrounding Area The subject property is a 16,482 sq. ft. lot located on the east side of 84th Ave. W. There is a small existing older single family residence and detached garage located on the property. Surrounding development is entirely single family residential. B. official Street Map Propo ed R/W Existing R/W West - 84th Ave. W. 60' 60' C. Conformance to Chapter 20.85.010 1. Special Circumstances No special circumstances appear to exist in this particular case. 2. Special PKiHii� The proposed variance does not appear to represent a grant of special privilege. It apparent that there are a number of other homes in the iTmediate area that also have 51 side setbacks. 0 . 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property as Low Density Residential, as are all the adjoining properties. The proposed variance does not appear to conflict with the purposes of the Comprehensive Plan. 4. Zoning ordinance The subject property, as well as the surrounding area, is zoned RS-12. The proposed variance does not appear to conflict with the purposes of the zoning ordinance or the RS-12 zone district. 5. Not Detrimental The proposed variance does not appear to pose any significant impact to the public or to any near by private property or improvement. 6. Minimum Variance The requested variance does appear to represent a minimum variance request. V. STAFF RECOMMENDATION: Staff cannot find any special circumstances in this particular case. The proposed addition seems to make sense. Staff does not oppose the variance request. 0 V-3-86 DAVID & RITA IRELAND Variance to reduce the requi'red 10' south side setback for an addition to the residence at 18905 84th Ave. W. NAME ADDRESS .1 IN THE MATTER OF THE APPLICATION FILE: V-3-86 OF DAVID & RITA IRELAND FOR APPROVAL OF A VARIANCE DECISION: The variance is grantedsubject to the conditions listed. INTRODUCTION David and Rita Ireland, 18905 - 84th Avenue West, Edmonds, Washington, 98020, and hereinafter referred to as Applicants, have requested a variance from the R-12 zone side setback standards for property that is located at 18905 - 84th Avenue West, Edmonds, Washington. The subject property is more particularly described as: Tract #10, Block 3, Oscar E. Jensen, Seattle Suburban Tract, according to plat thereof recorded in Volume 9 of Plats, page 9, records of Snohomish County, Washington. A hearing.on the request was held before the Hearing Examiner of the City of Edmonds on March 6, 1986. At the hearing the following presented testimony and evidence: Duane Bowman Planning Department City of Edmonds Edmonds, WA 98020 Rita Ireland 18905 - 84th Ave. W. Edmonds, WA 98020 At the hearing the following exhibits were submitted and admitted as part of -the official record of t-hese proodedings: Exhibit 1 - Staff Report 11 2 - Application/Declarations of 3 - Site Plan to 4 - Building Elevation of 5 - Vicinity Map After due consideration of the evidence presented by the Applicant; evidence elicited during the public hearing; and, as a result of the personal inspection of the subject property and surrounding areas by the Hearing Examiner, the following Findings of Fact and Conclusions constitute the basis of the decision of the Hearing Examiner. FINDINGS OF FACT 1. The Applicants have requested approval of a variance from the R-12 zone side setback standards for property that is located a .1 Findings and Decis( i of the Hearing Examiner of the City of Edmonds Re: V-3-86 Page 2 at 18905 - 84th Avenue West, Edmonds, Washington. Specifically, the Applicants have requested a variance to reduce the required 10-foot south side setback to a 5-foot setback for the subject property. (Staff report and Ireland testimony.) 2. The property is a 16,482 square foot lot that is located on the east side of 84th Avenue West in the City of Edmonds. Located on the property is an older,single-family residence with a detached garage. (Bowman testimony and Ireland testimony.) 3. It is the intent of the Applicants to construct an addition to the existing house. The proposal as submitted by the Applicants would extend five feet into the allowed setback for RS-12 zoned property. it is because of this extension that the Applicants seek a variance. (Bowman testimony.) 4. In order for a variance to be granted within the City of Edmonds the criteria as set forth in Section 20.85.010 of the Edmonds Community Development Code (ECDC) must be met. These criteria include: A. Special circumstances,relating to the property must exist necessitating the variance; B. The required variance must not result in a special privilege being granted to the Applicant; C. The variance must be consistent with the Comprehensive Policy Plan Map of the City of Edmonds; D. The variance must be consistent with the purposes of the zone district in which the property is located; E. The variance must not be significantly detrimental to the public health, safety or welfare, nor injurious to the propert-y or improvements in the vicinity of the same zone; and, F. The variance must be the minimum necessary to allow the same rights enjoyed by other properties in the same zone. (ECDC.) 5. The subject property and the surrounding properties are zoned RS-12. (Staff report.) 6. The Comprehensive Policy Plan Map of the City of Edmonds desig- nates the subject property as Low Density Residential. The surrounding properties have the same Comprehensive policy Plan Map designation. (Staff report.) 7. The Planning Department of the City of Edmonds submitted that the proposed variance does not appear to pose any significant impact to the public, nor to nearby private properties or I V Findings and Decis: I L Hearing Examiner of Re: V-3-86 Page 3 .1 Of the the City of Edmonds improvements. Further, the Planning Department submitted that the requested variance appears to be the minimum necessary to develop the property in a manner similar to other properties in the area. (Staff report.) 8. The Planning Department submitted that the granting of a variance will not be the granting of a special privilege because other properties in the vicinity have five-foot side setbacks. (Bowman testimony.) 9. The Planning Department submitted that they could determine no special circumstances existing for the granting of a variance. Howeverr the Planning Staff submitted that they would not op- pose the variance request. (Bowman testimony and Staff report.) 10. The addition to the house is proposed to be constructed on the south side of the subject property. It will be connected to the existing kitchen and bedroom of the house on the property. The proposed addition would be used for living and family -room purposes. obviously, the proposed location is the most adequate and efficient use of the existing structure on site. To place the addition on the west side of the existing structure would be placing the addition within the front setbacks and would be an awkward improvement. To place the addition on the north side of the subject property would effectively block the drive- way to the garage. To place the addition on the east side of the existing structure would create an abnormal design for the house. Therefore, it appears that the only reasonable location for the proposed addition is on the south side of the existing structure. (Ireland testimony.) 11. No adverse testimony was received in this matter. CONCLUSIONS 1. The application is for the approval of a variance to reduce the required side setback for an R-12 zoned property located at 18905 - 84th Avenue West, Edmonds, Washington. The specific request is to reduce the required south side setback from 10 feet to 5 feet for the purpose of allowing an addition to be constructed onto an existing residence on the property. 2. The criteria as set forth in Section 20.85.010 of the ECDC are satisfied with the application. 3. Special circumstances exist for the granting of a variance. Because of the small -�ize of the existing house and the size of the lot, there is adequate room for the'addition to the existing structure. However, the Applicants are limited in the location of the proposed addition because of architectural design and the location of the garage. Thus, circumstances dictate that the most logical location of the proposed addi- tion is on the south side of the existing residence. I r Findings and Decisi .1 of the Hearing Examiner of the City of Edmonds Re: V-3-86 Page 4 4. The granting of a variance will not be the grant of a special privilege to the Applicahts. Other properties in the vicinity have similar setbacks. 5. The granting of a variance is consistent with the Comprehensive policy Plan Map of the City of Edmonds that designates the sub- ject property as Low Density Residential. 6. The subject property is zoned RS-12 and the requested variance does not conflict with the purposes of the zoning ordinances or the RS-12 zoned district. 7. The proposed variance does not pose a significant impact to the public, nor to nearby private properties or improvements. 8. The requested variance is the minimum necessary forthe Appli cants to develop the property in a manner similar to how other property owners in the vicinity have done. 9. No adverse testimony was received in this matter. DECISION Based upon the preceding Findings of Fact and Conclusions; the testi- mony 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 variance be granted. The specific request is for a reduction of the side setback on property located at 18905 - 84th Avenue West, Edmonds, Washington, and is granted subject to the following conditions: 1. The south side setback shall be reduced to five feet. 2. The Applicants must secure all necessary building permits and other permits prior to any construction on the subject property. 3. The Applicants shall comply with all other zoning regulations of the City of Edmonds. Entered this 21st day of March, 1986, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the city of Edmonds. MES M.- DRISCOLL aring Examiner 12 q Findings and Decis.1 of the Hearing Examiner of the City Of Edmonds Re: V-3-86 Page 5 NOTICE OF RIGHT TO APPEAL 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 April 4, 1986. a