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19128 81ST AVE WEST.pdfm 4w q EX H I BIT' 2' FI*1 DATE if) CITY OF EDMONDS FEE HEARING EXAMINER RECT 61?5- 4 APPLICATION FOR VARIANCE APO'S HEARING DATE: (D/1 t� APPLICANT James C. Librande ADDRESS_ 19128 81st Ave. West R CITY & ZIP E'd m o n,1 s 98020 PHONE 779-SO83 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY 19128 81st Ave. West LOCATION OR ADDRESS OF PROPERTY Lot 7, Block Oscar E. Jensens Seattle Suburban Tracts LEGAL DESCRIPTION OF PROPERTY 0 (zero) feet setback on south side of property. A variance VARIANCE REQUESTED: was previously aproved Of 15 feet from the required 25 feet. (Reference V-1-79, attaahed) the owner of the pr&perty at 19135 A3rd AVe West (T.0 has a-shrept. use nprmi t f ar cd +,y =operty south t P plocir t� ncn;P-r-- P. jp-nsenc —\ of-lot'R, block'5- FOR OFFICE USE ONLY: USE ZONE: ZONING ORDINANCE REQUIREMENT: A setback of 15 feet is required on the south side lot 7, block 5. 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 emplovees. 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 to.Itpis application. A f/ V v ature of Applicant, esentative r or q 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? None 2. How does your property differ from other property in the same vicinity? My Droperty is bounded by city property that is nerer maintained and has never been improved. Thestatus of the city property isbelieved to be the same as shown in -previously aDproved varance V-1-79. 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? No. Approval. will enhance -the simmediate surroundin area. 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? I Can not get maximam use of my- land because of therequirement or a 1.5 foot setback. A 15 foot extension is planned. on the south side of my existing property. 5. Can you make reasonable use of your property without the variance? 0 EXHIBIT: 3� ARABIAN AMERICAN OIL CC ... ....... 0 Lu. 7! F I 1 4 so -5 15 '10-1g§ 4 CQ 4 �779 X 91 4 D3 50. 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Mr. Brown stated that the existing landscaping on the Johnson side of the yard already cut off any view that this deck might invade. He presented a notebook to the Board, which included photographs, to support his statement. There was no other comment from the audience, and the public portion of the hearing was closed. Mrs. Derleth commented that she noted when she visited the site that the subject property was a little higher than the Johnson property so any view obstruction would be more than if they were on the same level. She said the view of the Sound was unobstructed and the obstruction would be of the mountains. Chairman Stole also felt, after visiting the site, that any view obstruction would be minimal, and she felt that when the shrubbery was in bloom that would cause more obstruction than the proposed deck. Mr. Hatzenbuhler also felt, after seeing the site, that the deck would not create any more view obstruction than is already created �y the foliage. MRS. DERLETH THEN MOVED, SECONDED BY MR. HATZENBUHLER, TO APPROVE V-97-78 ON THE BASISTHAT IT DOES NOT APPEAR THAT IT WILL BE A MAJOR OBSTRUCTION OF THE NEIGHBOR'S VIEW AND IT IS REASONABLE TO EXTEND THE DECK FROM THAT POINT SINCE THE HOME WAS CONSTRUCTED TO THAT POINT PRIOR TO BEING WITHIN THE CITY OF EDMONDS. MR. BYRD MOVED TO AMEND THE MOTION, SECONDED BY MRS. DERLETH, TO PROHIBIT THE COtISTRUCTIO...4 OF A FIXED HANDRAIL OR A14Y OTHER FIXED APPURTENANCES ABOVE THE 301, LEVEL. THE MOTION TO AMEND CARRIED. THE MAIN MOTION, AS AMENDED, THEN CARRIED. AGENDA 'K4;1Z79 WYAMES -LIBRANDE 6nce' "'fi-dw-Tequi red J!�pp�,,X setback at.49128 8J.-st7Ave.,,,W.,.., R57,12.) This application was for a variance of 15' from the required 25' front yard setback. The lot fronts on the unimproved projected right-of-way for 192nd St. S.W. The street does not go through at this point and Mrs. Luster stated that there are no plans to continue it in the future and, in fact, there is a residence partially in the west end of this projected right-of-way. This would not amount to a rezone. It is technically a corner lot so two front yard setbacks must be met. There is no traffic on this street and the traffic in the area is very minimal. The Staff recommended approval because it would be a minimum variance, considering that 192nd St. probably will never be improved; the applicant will be maintaining a 10' side yard setback which is adeqUate at this location; and this will allow for a reasonable house location and maximum use of the lot. The public portion of the hearing was opened. Mike Librande of 19120 81st St. W., brother of the applicant3' also stated that this street would never go through and he reviewed some background of the purchase of the property. No one else wished to speak, and the public portion of the,,he.4.r-!.p_q,,was,-,closed- MR?WAT-,Zft5Lft,�R_.w,, 1 tt " . -- PH E'tTD NOT- �MOVED;,V,SCCONDE-D 7 9 _- dAUSE ` �- -f �f_., L-- � I T 'WOULD'-TAUSE nANY !PROBLEMS:�!TOi7.4:tiEiNEIGHBORHOOD,-�AND,,.I ' T.,-,.-I S . A I - N IMU M,-...-VA R I A N'CE. TO'MAKE REASONABLE USE'OF,-THE,LAND.- 410TION iCARRIED'.' V-2-79 [I.R. AND MIRS. EINIAR PED11"RsFr,, Variance from definition of front and e a r y a Fu7-s'-j -t9 V i_67'v_,9 i i -oo r -P I (RS-12) This application %-,-as for a 15' varl-ance from the required rear yard setback and a 4' variance from the front yard setback.. The applicant o%-,,ns the adjo-Ming lot to the rear which Mrs. Luster said he plans to il:�provc' for recre'atic)IIal us-�' possibly with a, tennis court. Theproposed yard ,,cti)ac1- �,.,ould onto that ro-operty. This is a flag- 10' reai J L L - all portionc; shaped lot and the fi-on' yard s,,24j)F,6. hc- ir,--lt from F;'-)AR') OF, 17, l,'1'j9 M N . Address as shown on the -olat 19215 80th Pl. 'IT lot 13, Sierra. Villape) 19207 80th Pl. W. (Lot 12, Sierra Village) 19223 80th Pl. W. (Lot 14, Sierra Village) 19200 80th Pl. W. (Lot 11, Sierra Village) 9215 Sierra Drive (Lot 8, Sierra Village) 8-219 Sierra Drive (Lot 7, Sierra Villagre) 8025 192nd St. t, L . ot 8,1�lock 6,Oscar E. Jensens ... 19135 83rd Ave. W. '4, Oscar E. Jensens, ... (Lot 7, Block , 19120 81st Ave W. ��-'ot 6, Block .5, Oscar E. Jensens, ... 19227 80th Pl. W. (Lot 1.5, Sieera Village) owners name and adress from tax records Geo Matthew 1100 Clive Way (L-t 19) Seattle QQ101 Robin A. Adam c/o Fortune (Don) (Lot 12) 7715 256th 91-1 Edmonds Michael Terry 8 .th Floor, Pacific BuIlld.ing (Lot l4) Seattle 98104 Lincoln B. Katter 701 2nd Ave. (Lot 11) Seattle q8104 J.P. Soresen 1101 2nd Ave. (Lot R) Seattle 98104 Philip Garner Jr. 2411 4th Ave. Box 17Pq (Lot 7) Seattle 9Rlll George & Mary KoDan 8029 192nd St. (Lot 8, Block6) Imonds James R. Weller 2811 Colby (Lot 7, Block 4) Everett 98201 Michael Librande 19120 81st Ave. W . (Lot 6, Block 5) Edmomds Adrian & Joanne Swanson 19227 90th Pl.W. Edmonds C V- George & Mary Kopan/Res- 8025 192nd Street Edmonds, WA 98020 People's Mort. Co. Williams,-Douglas/Tana #0196230 2411-4th Ave./Box 1788 Seattle, WA 98111 Douglas & Tana Williams/ Resident 19117-83rd Ave. W. Edmonds, WA 98020 James C. Librande 19128-81st Ave. W. Edmonds, WA 98020 Cascade Savings & Loan Weller, James, R. #52003975 2811.Colby Everett, WA 98201 James R. Weller/Resident 19135-83rd Ave. W. Edmonds, WA 98020 Michael Librande/Resident 19120-81st Ave. W. Edmonds, WA 98020 Wash. Fed. S&L Librande, M.L. #50-213-19893-5 425 Pike Street Seattle, WA 9810.1 lst Interstate Bk. Mtg. Dickerson, G.R. #491212 P.O. Box 21506 Seattle, WA 98111 G.R. Dickerson/Resident 8219 Sierra Drive Edmonds, WA 98020 Peoples Mortgage Co. Cardinal, George #9425840 2411 4th Ave./Box 1788 Seattle, WA 98111 George Cardinal/Resident 8215 Sierra Drive Edmonds, WA 98020 Seattle Trust & Say. Bank Katter, Lincoln B. #8200-112127 701 Second Ave. Seattle, WA 98104 Lincoln Katter/Resident 19200-80th Place W. Edmonds, WA 98020 Robin A. Adams c/o Don Fortune 7715-236th St. S.W. Edmonds, WA 98020. Robin Adams/Resident 19207-80th Place W. Edmonds, WA 98020 Metropolitan Fed. S&L Matthew, George #61009971 1100 Olive Way Seattle, WA 98101 George Matthew/Resident 19215-80th Place W. Edmonds, WA 98020 Continental Inc. Terry, Michael #050403-H 8th Floor Pacific Bldg. Seattle, WA 98104 Michael Terry/Resident 19223-80th Place W. Edmonds, WA 98020 Adrian & Joanne Swanson 19227-80th Place W. Edmonds, WA 98020 Peoples Mortgage Co. Garner, Phillip, Jr. #9170720 2411-4th Ave./Box 1788 Seattle, W.A 9.8111 Wash. Mutual Say. Bank Sorensen, J.P. #010080173849 1101 Second Ave. Seattle, WA 9.8101 t City of Edmonds Gary McComas Fire M. .�OFFICE CORRESPONDENCE W Bobby Mills P.W. :IN:T E R7 - Dan Smith/Jerry Hauth Engineering 9/23/86 Duane Bowman -Planning DATE TO FROM SUBJECT V-28-86 VARI.ANCE.RE-QUEST TO REDUCE -SOUTH -.STREET SETBACK TO 0' AT 191'28-81ST AVENUE W. CODE REQUIREMENT IS 25'. (APPLI'CANT RECEIVED APPROVAL-FOR*15' SETBACK IN 1979..). (_RS-1 2) HEARING DATE: OCTORER 16, 1986 PLEASE. RESPOND WI-TH YOUR COMMENTS -NO LATER THAN OCTOBER 3', 19.86. THANKS. i-A;Aa, R Lt, El V ED OCT 031986 j') - C11-Y OF EDMONDS [J/0 City of Edmond, Gary McComas Fire M (��R-O�FFIC�E CORRESPONDENCE Bobby Mills P.W. INTER 412 Dan Smith/Jerry Hauth Engineering Duane Row . man -Planning 9/23/86 DATE TO FROM SUBJECT V-28-86 VARI.ANCE REQUEST TO REDUCE..SOUTH.,STREET SETBACK TO 01 AT 19128-81ST AVENUE W. CODE REQUIREMENT -IS 25'. ('.APPLI-CANT RECEIVED APPROVAL -FOR' 151 SETBACK -IN 1979..). (-RS-12). HEARING DATE: OCTOB.E,R 16, 1986 PLEASE.RESPOND WI'TH YOUR COMMENTS"NO LATER THAN OCTOBER 3', 19.86. THANKS. I 7c- 44 -Z te c- AOL L7 ALL( j-,e W q.2 AL r'r e '7'f `7 C, a 07 C e- I Z77 R E C E I V E D 1986 th. 01�: .1-11,MONDS FIRE DEP% City of Edmonds Ga'ry McComas Fi.re M. INTER -OFFICE CORRESPONDENCE Bobby Mills - P.W. Dan Smith/Jerry Hauth Engineering Duane B.owman-Planning DATE 9/23/86 TO FROM SUBJECT V-28-86 'VARIANCE REQUEST TO REDUCE.SOUTH..STREET-SETBACK TO 0' AT 19128-SIST AVENUE W. CODE REQUIREMENT IS 25. (.APPLICANT RECEIVED APPROVAL:FOR-151 SETBACK -IN 1979..). (_RS-12). HEARING DATE: OCTOBER 16, 1986 PLEASERESPOND WI-TH YOUR COMMENTS -NO -LATER THAN OCTOBER 3', 19.86. THANKS. o vz, .-nq-- 0 A- A, vi I'Do S, % CITY OF EDMONDS U70 THE �<AMjMj5jqmv__WILL HOLD A PUBLIC HEARING 19 ON THE FOLLOWING APPLICATION: FILE NO. PROPERTY ADDRESS ANDIOCATION ZONE DISTRICT, 7:54-P THE HEARING WILL BEGIN AT a—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 rURTHER 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). soft lh m THE REMOVAL, MUTILATION, DESTRUCTION, OR WAKEL m CONCEALMENT OF THIS NOTICE BEFORE THE DATE im IN G OF THE HEARING IS A MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTER 4fx E � FILE NO. V-28-86 APPLICANT James Librande AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Susan Painter being first duly sworn, on oath depose� and says: That on the 3rd day of October 1986 the attached 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 before me this 2,A-qO day of 19 t Notary Public in and for tne State of Washington. Residing at My COMMISSION EXPIRES 64649. STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) Leigh Francis and says: FILE NO. V-28-86 APPLICANT 1&Mes_LiLnandd�_ AFFIDAVIT OF POSTER being first duly sworn, on oath, deposes That on the 3rd day of October , 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. Signed Subscribed and sworn to before me this (3,4-4 day of 1914 . Notary Public in and for the State of Washington. Residing at MY COMMISSION EXPIRES 6.16-89. Ll �X, . 0 0 . EXHIBIT 1 STAFF REPORT To THE HEARING EXAM INE R FILE: V-28-86 HEARING DATE: October 16, 1986 I. REQUESTED ACTION: Variance to reduce the required 25' street setback to 0' to allow for the construction of an addition at 19128 81st Ave. W., Edmonds. II. APPLICANVOWNER: James Librande 19128 81st. Ave. W. Edmonds, WA 98020 III. LEGAL DESCRIPTION: See Exhibit 2 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject The subject property is a 16,478 sq. ft. lot located on the west side of 81st Ave. W., south of Sierra Park. There is an existing residence located on the property, as shown in Exhibit 3. The Applicant desires to build an addition onto the southern end of . the existing residence. Because there is unopened right-of-way of 192nd St. S.W. located along the south property line, a 251 street setback is required. In 1979, the City, under file #V-1-79, granted a variance to reduce the required 251 south setback to 15'. Surrounding development is single family residential. Sierra Park is located to the north. B. Official Street Map East - 81st Ave. W. South - 192nd St. S.W. P sea K/ vy 60' 601 EXIS L--Ln2 A/ 60' 60' q Staff Report V-28-86 Page 2 C. Conformance to Chapter 20.85.010 1. Special Circumstances Special circumstances do not appear to exist in this particular case. There is ample room on the lot to construct an addition in conformance to the code. 2. Special Privilege The proposed variance does appear to represent a grant of special privilege. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property and surrounding area as Low Density Residential. 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 appear to conflict with the purposes of the zoning ordinance and the RS-12 zone district. Setbacks are established to create open areas around structures. While it is true that the City right-of-way along the south property line is undeveloped, this is no justification for the subject variance. The City has already granted some relief to the Applicant by approving a setback variance in 1979. 5. Not Detrin-ental The proposed variance does not appear to pose any significant impact to the public or to any near by private property or improvement. It must be noted that the area in which the applicant intends to build has experienced flooding problems. 6. Minimum Variance The requested variance does not appear to represent a minimum variance request. V. STAFF RECOMMENDATION: 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-28-86 JAMES LIBRANDE Variance to reduce the required 25' street setback to 0' for an addi'tion at 19128 81st Avenue W. NAME At7 (;1A -J- /11 Iq 7- 11 ADDRESS -), fC :C� 01� CITY OF EDMONDS 250 51h AVE. N - I: DMONDS, WASHINCITON 913020 - (206) 711-3202 HEARING EXAMINER FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION FILE: OF JAMES LIBRANDE FOR APPROVAL OF A VARIANCE DECISION: The variance request is denied. INTRODUCTION LARRY S. NAUGHTEN MAY011 V-28-86 James Librande, 19128 - 81st Avenue West, Edmonds, Washington, and hereinafter referred to as Applicant, has requested -,ipproval of a variance to reduce -the required 25-foot street setback to zero feet in order to construct an addition on prop ' erty located at 19128 - 81st Avenue West, Edmonds, Washington. A hearing on the request was -held before the Hearing Examiner of the City of Edmonds, Washington, on October 16, 1986. At the hearing the following presented testimony and evidence: Duane Bowman Planning Dept. City of Edmonds Edmonds, WA 98020 Vada Mat -thew 19215 80th Pl. West Edmonds, WA 98020 Rob Adams 11 Howe St. Seattle, WA 98109 James Libi:ande 19'i..28 81st Ave. West Edmonds, WA 98020 Mike Terry 19223 80th Pl. West Edmonds, WA 98020 At the hearing the following exhibits were submitted and admitted as part of the official record of this proceeding: Exhibit I - Staff Report it 2 - Application/Declarations if 3 - Site Plan It 4 - vicinity Map It 5 - Board of Adjustment Minutes 01/17/79 L1 HEARING EXAMINER: Re: V-28-86 After due consideration of the evidence presented by -the Appli- cant; 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 Applicant*has requested a variance to reduce the street setback on property located at 19128 - 81st Avenue West, Edmonds, Washington. The request is to reduce the required 25-foot street setback to a 0-foot street setback for the purpose of constructing an addition to a structure located on the subject property. (Staff report.) 2. The subject property is a 16,478 square foot lot that is located on the west side of 81st Avenue West, which is south of Sierra Park. Located on site is a residence. Tt is the intent of the Applicant to build an addition to the southern end of the residence. (Staff report.) 3. The property is bordered on the south side by unopened right-of-way of 192nd Street S.W. it is from this unopened right-of-way that a 25-foot street setback is required. (Exhibit 3 and Staff report.) 4. The City of Edmonds in file #V-1-79 granted a variance to the subject property for the reduction of the south setback from 25 feet to 15 feet. The Applicant desir-es to reduce this setback to zero feet with the proposed addition. (Bowman testimony.) 5. In order for a variance to be granted within the City of Edmonds the criteria as set forth in the Edmonds Community Development Code (ECDC) Section 20.85.010 must be satisfied. These criteria include: A. Because of special circumstances relating to the pro- perty, 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. B. The appoval of -the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning. 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. -2- 0 HEARING EXAMINER: Re: V-28-86 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. ) 6. The property is zoned RS-12. The surrounding properties are zoned RS-12. (Staff report.) 7. The Planning Department of the City of Edmonds has recom- mended that the variance be denied on the grounds that it does not'conform to the criteria of ECDC Section 20.85.010. The City submitted that there are no special circumstances existing for the granting of a variance and that the variance would be the grant of a special privilege. The City submitted -that the requested variance does not conflict with the purposes of the Comprehensive Policy Plan map which designates the subject property as Low Density Residential. They also submitted that the requested variance does conflict with the purposes of the zoning ordinance and the RS-12 zone district. If the variance is granted the area around the structur6 would be eliminated. (Staff report and Bowman testimony.) 8. The City submitted that there is ample room on the lot to construct an addition to the existing residence in a manner that would be in conformance with the zoning codes of the City of Edmonds. (Bowman testimony.) 9. The City submitted that the location of the proposed variance has been the site of extensive storm drainage flooding in the past. Apparently, there is a low point on the southeast corner of the subject property. This area floods and causes drainage problems for the subject property and the properties on the south side of 192nd Street S.W. (Bowman, Librande, Matthew and Terry testimonies.) 10. Witness Matthews submitted that he is the owner of pro- perty located on the south side of 192nd Street S.W. and directly across from the Applicant's property. She indicated that she did not desire a structure coming closer to 192nd Street S.W. because it would be closer to her house. (Matthew testimony.) 11. Witness Terry submitted that he owns property to the southeast of the subject property. The witness submitted �that he had experienced flooding during the past year and desires no further construction in the area until the storm drainage problem is resolved by the neighborhood and the City. (Terry testimony.). -3- 11 I HEARING EXAMINER: Re: V-28-8,6 12. Witness Adams submitted that no additional construction should occur and that greenbelts in the area should be preserved. (Adams testimony.) 13. The Applicant submitted that he has taken measures to clean up not only his property but other properties in the area and will do nothing that will be detrimental to the rights of other property owners in the vicinity. (Librande testimony.) CONCLUSIONS 1. The application is for the approval of a variance for the reduction of a street setback from a 25-foot street -setback to a 0-foot setback for the allowance of an addition on property located at 19128 - 81st Avenue West, Edmonds, Washington. 2. The street setback for RS-12 zoned property is 25 feet. In order for a variance to be granted from this standard the criteria as set forth in ECDC Section 20.85.010 must be satisfied. The application fails to satisfy these criteria. 3. The subject property is an extensive lot on which other' areas, other than that as proposed by the Applicant, are available for construction. No special circumstances exist for the granting of a variance. 4. The granting of the variance will represent the grant of a special privilege to the Applicant. 5. The requested variance is not in conflict with the purposes of the Comprehensive Plan and the Low Density Residential designation. 6. The granting of the variance will be contrary -to the RS-12 zoning standards and also the purposes of the RS zone. it will eliminate the setbacks around the structures ..on -the subject property. 7. Obviously there are drainage problems in the vicinity. The granting of a variance will result in additional problems and it could impact the public or nearby private property or improvements. 8. The requested variance is not the minimum necessary for the Applicant to develop the property. The property could be developed without additional variances. DECISION Based upon the preceding Findings of Fact and Conclusions; the testimony and evidence submitted at the public heating; and, upon the impressions of the Hearing Examiner at a site view, it is hereby ordered that the requested variance for a reduction of the -4- street setback from 25 feet to 0 feet at 19128 - 81st Avenue West, Edmonds, Washington, is denied. The reasons for the denial It . of the variance are set forth in the Conclusions of this document. Entered this 7th day of November, 1986, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. C MESS M. DRISCOLL 1�earing Examiner 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 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 November 21, 1986. -5-