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CITY OF EDMONDS
I J BOARD OF ADJUSVIENT DATE (a
-1 FOR VARIANCE FEE --$25.00
APPLICATIOl
REC'T 11
HEARING DATE:UCaA--
ADDRESS_ZWEXCV�'&
APPLICANT:
%No)
ty:
L- in the proper
Indicate type or degree of interes"
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V$HONE: Zee aaa
DDRESS:
OWN E
r 7nJ WOF PROPE eY(
LOCA ION OF PROPE Y (ADDRESS) — — — —
LEGAL DESCRIPTION OF PROPERTY:
STA EMENT OF CONDITIONS AND REASONS FOR REQUEST$ IN ACCORDANCE IWITH STANIDARDS AND. CRITERIA
ATT/ CHED:__
STATE OF WASHINGTON"
Iss. S4 iner or
Igna us— of
P'l
COU11TY OF SNOHOHISli)
On this Late, before me, the undersigned, a Notary Public and fo.y. fl-.0 State of
d�ec b r 'Who
Washi.ngton, dUly commissioned and sworn, personally appeare �ge 7
ays* that (S)he has',prepared eatl th� fore -
being dul,y sv!orn, on his/*� oath deposes and s
nd has acknowledged to me that the -�!citations colitilined therein are true,
guinq statomants a
sig-.,ed this instrument as his/lIX free and voluntary act and deed for the purposes
t re ii, n t -;,j v, e d
iw n
SUIDScrikd and sworn to before vie -chis day o V
residing a
State of 14 shing-on.
Nota ublic and for the
I
ALLEGATIONS OF APPLICANT
POINT 1. The following are the special circumstances which apply to my property
which deprive me of rights and privileges which are enjoyed by other properties in
the vicinity under the identical zone classification.
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Boy tmaadrs cA46f,5 ;imv64,P cepeko-Z owN&Z F".L, u6s or- pwrievy.
POINT 2. The variance I am requesting will not be detrimental to the public wel-
fare or injurious to the properties or improvements in the vicinity of a zone in
which my property is located because:
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POINT 3. If this variance is not granted, an unnecessary hardship will continue
to the owner of this property, the cause of which is beyond his control because:
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POINT 4. So as not to
variance I submit the
consistencies with the
grant a -special privilege to me by the granting of this
following conditions to be imposed so as not to cause 'in-
limitations upQn other properties in the vicinity and zone
in which I am located.
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Recoo_q of Fact by B rd of Adjus,,aent
_f FiLdings
The Board of Adjustment 'for tile City of Edmonds finds in tile case of
File No. JL,31-17 request for variance at
the following:
same
de requirements, and Affidavits attesting to
1. That notice was given according to Co
are in the file.
not been met.
2. That the foregoing set forth Standards and Criteria each have/have
3. In addition thereto,
to the following special
variance is Denie�j6rantOl subject
4. Therefore, the request for
condi tions:
permi't and/or occupancy.j�ermit is not obtained
5. Section 12.16.110 "----and if a building m' the date of the Board's decision, the con-
fo� Ole subject property- within one year fro
ditional use permit or variance shall be automatically null and
6.. Decision shall be effective on:
;901/
TDate)
-:2 /5777
DATED: ard OT Ad t
Chairman, Bo
DATA
C, Date of Hearing:
Date of Application:- -7
Date of Publication, Conti nuances: --
Date of Posting:
Date of Appeal fropi DecisiOn Of tile Board:
T_
S ecre"L a ry Board f Adi us tolen t
FA
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Dr. J It. Burdette
P.O. Box 175
Lynnwood, WA 98,036
David Larson
P.-O. Box 429
Edmonds., WA 98020
Ralph.H. Sorenson.
222 Third:Avenue South
Edmonds, WA 98020'
I Dr. Thorpe Kelly
,2634 Thorndike West
S'eattle,.WA 98199
-Stuart Smith
.223 Dayton
Edmond;, WA 98020
Y
-Adjacent property owners', provided by Roger Newell,.6Ver
the telephone
6/17/77. Notices
sent 6/17/77.
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AGREEMENT AND COVENANT
v W�.
PAGE
P F Q. 0 F
10,717 OCT RI I 1 3 1
V.EvnI.Y
S N 0 N 0 Ki VO L W.41-1! I
JON
WHEREAS, JAMES P. JONES and ELEmogA ES, his
wife, and THORPE KELLY and LuCIAII)A- KELLY, his wife,
hereafter referred to jointly and severally as "Owners," are
owners of certain real property in the City of Edmonds,
Washington, and more particularly described on Exhibit
A attached hereto and incorporated by this reference
as if set forth in full, and
WHEREAS, Owners have made application to the City
of Edmonds Board of Adjustmen-k for a variance of the
required rear yard set -backs, said variance application
being Number'V-31-77, and
WHEREAS, the co nditions set forth below have been
imposed by the Edmonds Board of Adjustment as conditions
�z
precedent to the granting of the variance requested,
1211�
NOW, THEREFORE, the Owne . _rs agree and covenant as follows:
1. Owners shall, at their sole expense, construct
4
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to City. standards, a pedestrian walkway along the northeast
portion of the above -referenced property, and shall, at
their sole expense, landscape said portion as more fully
appears in the plot plan, labeled Exhibit "B," attached
hereto, and incorporated in full by this reference.
Owners shall dedicate said po--tion as set forth in Exhibit
"B" to the City for walkway and other public purposes.
All expenses of recording said dedication shall be borne
by Owners.
Page one
2. owners shall construct the building on the property
as depicted on the plot plan, labeled Exhibit B. Owners
shall not extend the exterior configuration of said
building beyond that shown on Exhibit B, nor shall Owners
add additional dwelling units to the property in excess
of the number of dwelling units shown on Exhibit B.
3. The restrictions and covenants contained herein
shall be binding on owners, their heirs, successors in
in terest and assigns, -and shall be deemed to run with the
land.
4. Owners agree that the City of Edmonds shall have
the right to enforce any of the terms of this.agreement
in equity, and in the -event a lawsuit is instituted to
enforce any of the terms hereof, -the City of Edmonds shall
be entitled to recover from owners reasonable attorney's
fees and expert witness*fees, in addition to other costs
and disbursements to be taxed.
5. This agreement and covenant shall be recorded in
the Snohomish County Auditor's office, with the Owners being
listed as grantors and the City of Edmonds being listed as
grantee. All costs of recording this agreement shall be
borne by the Owners.
-1-71
072JU226
Thorpe KeIrly
4 'en e
4 L
Page two
N
STATE OF WASHINGTON
ss
County of
On this day personally appeared before me JAMES P.
JONES andElepjapa JR, JONES, his wife, to me known to be
the individuals described in and who executed the within and
foregoing instrument and acknowledged that they signed
the same as their free and voluntary act and deed, for
the uses and purposes therein mentioned.
GIVEN under my�hand.and official seal this
day of erx� 1977.
0
NOTARY PUBIFIC in and for
the State of Washington,
residing at
STATE OF WASHINGTON
ss
County of* Ichle.
On this.day personally appeared before me THORPE KELLY
,and L.k r ori,!tn. - KELLY, hi's wife, to me known to be the
individuals described in and who executed the within and
foreoging instrument and acknowledged that they signed the
same as their free and voluntary act and deed, for -the uses
and purposes therein mentioned.
GIVEN under my hand and official seal this
day of 1977.
-v0%
NUTAWZY PUBT C in and for
the State of Washington,
residing at LA4MjW,.4(
710 3 7 0 2 2A
Page three
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i LEGAL DESCRIPTION FOR DEEDED LAND
That portion of the north 15 feet of the
southeast quarter of the southeast quarter
of'Section 23, TWP.27N, R.H. W.M., Snoho-
mish County, Washington, lying west of the
west margin of 3rd Avenue South and easterly
of the southeasterly production of the south-
westerly margin of James Street.
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