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CITY OF EDMONDS FILE # V`7 — 2
BOARD OF ADJUST14ENT DATE--/ 0 Q 0 -
-_ (?91
OR VARIANCE FEE
APPLICATION F
REC'T #
HEARING DATE:1 -/—,s 2_?
CITY & ZIP Edmonds, 98020
201 5th Avenue So.
APPLICANT KINDERFATHER et al ADDRESS
PHONE 775-9396 Indicate type or degree of interest in the property: -9040
1215 4th Ave., Seattle, 98161 PHONE 624
OWNER: Old Milltown Group ADDRESS,CITY & ZIP
PERTY(ADDRESS) 201 Fifth Avenue South, Edmond;, Washington 98020
LOCATION OF PRO
SEE ATTACHED.
LEGAL DESCRIPTION OF PROPERY:
.. ...... .. ... APPROVE
LEG. 'TION CFECK 1`11
BY PLANNING DIVISION
USE ZONE BC
-k
d parking on site."
E 'REQUIREMENT: ... Provide at least 50% of required pai dny o1i Sl
ZONING ORDINANC
(Direct quote from Ordinance)
use
ter normal business hours, with existin1±:1___
Share existing panking, af
VARIANCE REQUESTED:
and provide approximately 23� time*s.the required parking on an adjacent site.within 500'
of.project.
CRITERIA
REASONS FOR REQUEST, IN ACCORDANCE WITH STANDARDS AND
STATEMENT OF CONDITIONS AND
Milltown is adding a restaurant on the 2nd level adjacent to the existing Parking lot
ATTACHED:
and providing 45 additional parking stalls through a joint use agreement with the Church of
Christ, Scientist, at 6th & Maple. We request a waiver in the requirement stated above
vacant at.peak restaurant hours. There is no additional land
because the existing lot is
in Group h s "lst
for sa adjacent t Mill .4 wn. Milltov
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH gna u e plicant, Owner r pr s_nta�tive
undersigned, a Notary PublJc in f r JXt S ate of
On this date, before me, the who, being
Washington, duly commissioned and sworn, Personally appearedL��
duly sworn, on his/4e*.-oath deposes and says that �e-)he has prepared and read e foregoing
that the recitations contained therein are true, and has
statements and has acknowledged to me t and deed for the purposes therein
signed this instrument as his/4"P free and voluntary ac
mentioned. to before me this,1,0-::�-da of Gli4—V
Subscribed and sworn
residing
Notary Public in and for the State of Washington.
right of refusal" to purchase the old barn & lot adjacent between the ARCO Station & lumber
gressively pursuing acquisition of any available site adjacent.
yard on 5th Ave. and is ag
11 9
on:
11
l—,, 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.
The building already exists and has been occupied by retail and retail related acti-
vities. No additional land is available at any price, for parking. We are not in-
creasing the area of the existing building. The existing parking lot is not presently
utilized during dinner hours.
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:
The present lot is unused in the evening, so this will make better use of an existing
facility.. The shared lot 300' away shall not present a hazard to health or safety
of patrons or neighbors. 300 feet is not an excessive distance to walk (and we all
could use a little more exercise!).. Elderly or infirmed may be let off at the door
before the car is parked.
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:
Construction and operation costs continue to increase. The Owner has already under-
taken costs of maintaining, insuring, and repairing the additional parking lot. Re-
quiring additional funds to be paid will increase overhead, causing higher prices
for the consumer. It is our belief that this is unnecessary and inflationary.
POINT 4. So as not to grant a special privilege to me by the granting of this
variance I submit the following conditions to be imposed so as not to cause in-
consistencies with the limitations upon other properties in the vicinity and zone
in which I am located.
Should the current Joint Use Agreement between Old Milltown Group and the Church of
Christ, Scientist, become null and void, Old Milltown Group shall be required to
provide 17 additional spaces as required by the present ordinance, or pay $8,500.00
to the park -in -lieu fund.
-A
,9 , 1,
�fA �u on I
Fact by Bo�fkrl o
Record ofE `NnIl. of
dmonds finds in the case of
stment for the Ci ty of E
d of AdJ u
The Boar
-�2 request for variance at
File No.
the following:
and Affidavits attesting to same
to Code requirements
That notice was given according
are in the file.
h ha
ve/have not been met
set forth Standards and Criteria eac
2 That the foregoing
3.' In addition theretot
ng special
nied/Gr nted, subject to the follOwi
the request for variance is De
4. Therefore,
con'diti011s:
,y
mit andfor occupanc -rmit is not obtained
,n 12.16.110 ---- and if a building per e of the Board's decision, the con
e year from the dat
Lect'o 14 null and v
f 0 �-Cll —es 64b-ji -ue-� -t"-p rope rty within on e automatically oid.---"
ditional use pernlit or variance shall b
6. Decision shall beeffective on: Date
11�;, J .11, u I stment
(YI
DAT Chai I Irian, goal
DATA
ri ng:
Date of Ilea
Date of Appl i catic,n-.--/O---2-0-- Z T
Conti
Date of Publication-__J-������
Date of
Date of Appeal from Decision of tile Board:
PROPERTY OWNERS
ADJACENT TO OLD MILLTOWN
J. Ward Phillips
p. o. Box 218, Edmids, WA. 98020
1265 Republican St-i Seattle, WA. 98109
--old A. TcMlinSOn
Hax
Edb=ids Masonic Temple Assn.
515 Dayton St., Edmonds, WA, 98020
Union oil Oo. N.W. Mutual Life-
Tax Division
P.O. Box 7600, Los Angeles, CA. 90054
Virginia & Chas. Lee Evans
7614 206th S.W., Edmm&o WA, 98020
98901
Nemico, Inc.
Atlantic Richfield Co. -Tax Agent
P.O. Box 1393, Yakima, WAr
P.O. Box 2679 Terminal Amex, L.A., CfL. 90051
-
Jack G. Brodie
P.O. Bcoc 428 FAmonds, WA. 98020
P.O. Box 428, Edmonds, WA. 98020
Charles R. Post
asemary
Inuis j. & F Stelte
523 Maple -Unit 103, Edmondst WA, 98020
Stanley R. GrahM
C Stater
523 Maple Unit 104, Edmonds, WA, 98020
523 Maple-Uni t 201, Edmonds, WA. 98020
Fbith
Denvis: Inc
P.O. Box 428, Edmonds, WA. 98020
j. Wm. & pana God1der
523 maple -unit 203t Edmonds, WA. 98020
Teona E Plan
523 Maple-Ltdt 204, Wwnds, WA. 98020
E&wkrd Ray White
1516 Westlake Ave., Seattle, Val
Bruce F. & Joyce N. Baker
2916 26th W., Seattler M, 98199
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APPLICANT'S REQUEST FOR POSTPONEMENT
rile No.v- q3-,243
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APPLICANT'S REQUEST FOR POSTPONEMENT
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File No. V Ct
C4)
I hereby request that the public hearing before the
-s d ME-" W-J% Es
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U s4y),
GQwm&ss-kon for my application identified by the above file numbe
r b
I, IN
onths until the regular public hearing in
ITT, V.
Mon
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Applicantfs ature
Date
L 77-7
--- --------
W-W
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Ap
IAWk1I
WILLIAm R.THOMAS
.UITE 1520
.III I,CII,114111 AVENUE BUILDING
SEATTLE.WASHINGTOIN 96101
TELrptiONE 62.3.b344
AIOLA C(II)t "(.)fJ
July 27,.1978
Greater SeatLle InveSLmen t Corporation
Financial Cul -ILL
1215 FourLh Avenue
Suite 2226
Seat tle, Washington 98161
Attention: Ms. Catherine Klepp
Gentlemen:
Re. Mi.11Lo wn--First. C1 -iurch,
ol, C -ist, -Scie'llaist, I..ea
T
Enclosed you W,Jl f ind a dupli.caLL! ginal of the L ease
Part nership,
recently execute d by the old -Milltown Group, a
Church' of Chr ist ScienList,-Edmonds)
A
irst I
as'Lessee) and F located at
Wa'shingt on, as -Lessor, of the parking facilities
that church..
In your letter to me dated J.uly 13, 1978, you r equested
rental should be
that-J, advise you as to where the monthly
remitted; but if you will note from the'-lease'agreement, the
ion is the initial sum of $10 ..00.and additional
only considerat property
con sist of payment of real taxes
consideration wo'uld
in the event those taxes were 3-m posed on the church -due to the.
leasing of the subject property.
6, a Accordingly,-your.check for $10-00 should be sent to
98020.
'41 k the church'.at-55 Edmonds, Washing ton,
1 Maple Street,
Thank you for your assistance.
Sincerely yours,
William K. Thomas
WRT-.SB
Enclosure
RECEIVED
CITY OF EDMONDS
A
A.
Associated Risk
Management
IMF
Incorporated
2722 Eastlake Avenue East 9 Seattle. Washington 98102 o (206) 322-5700
June 7, 1978
RECEIVED
nrT 12 '78
CITY OF EDMOND&
PLANNING WT.
Insurance Brokers
0
FIRST CHURCH OF CHRIST, SCIENTIST
551 MAPLE STRUT
EDMONDS. WASHINGTON 98020
May 26, 1978
A working agreement has been formulated between the Greater
Seattle Investment Corp (old Milltown) and the First Church
of Chkist Scientist, Edmonds, Washington, for the use of
this church's west parking lot, to provide off street parking
for the old Milltown Merchants.. The Edmonds City Council at
their May,23rd meeting ordered a two hour parking limit o
n
several downtown.streets and avenues to take effect as soon
as the -signs can be installed and the arking.limits will be
p
from 8 AM to 6 PM except Sundays and holidays.
We agree that'the Greater Seattle'Investment Corp (old Milltown)
will assume the responsibility of keeping the said parking lot.
clean of grass, with use of CASSORON D-4, weeds, and all litter
regardless of sources; to furnish all gravel or crushed rock
that may be -needed for use in the parking lot; to assume the.
responsibility for any damages to the parking bt, trees and
shrubbery caused from or by the parking of their vehicles.
The said church will not be liable for any damage or damages
to personnel, Vehicles or their contents by fire, theft, collision,
vandalism, etc.
A
This agreement may be revolked at any time by either party as i
long as there is no indebtedness pending.
Vallie E Brock, Sr I —
First Church of Christ., Scientist
Edmonds, WA
Building and Ground Committee Chairman
Greater Seattle Investment Corp
uracie mcKay 11_�
Old Milltown Merchant's Assn.
Awl-
V58
C I.CITY OF EDV,�DS
T,
=3 LEAU, muW -- this i da, of 1978, between FM-"r
auut Qr a*=, scumm, A��, Was einafter called the
'TzssovP, *vd MD 1"1*I11Jf11"yD Parta low C411a
WJ'11Qg11J'L'1m '4W.4*Psor do" 1prooir I*"* to the Lassee t1mi use of
pax kii t,6 upi�c6 locaLeU on pro L of the Lessor adjacent to its Cizirch ad -
if ice buildix%, aid situate ciry of Lcknotuls, County of Snohoudsh,
lkmte of Washin&ton, mut more specifically at tiv-- intersection of 6th
alLd MUPIki ZtXWtS, for the tem of a norith to mmith tenmicy, aiia cmrioic-
lxkg on the date lvarwf, and to W used by Usses for the park-L4, of auto-
imbilaa of Hilltomi Wclumtz and Milltuwi aiVluyees within saia I)arkir,+,
space area, Li cotisideration of the sum of tO and no/100 dollars (410.00)
mid t1va additimal comideration, if miy, recited hereinafter,
it is rtldd that .1iis 4�remumit %Tith all iLs provisiorw Lnid
oovenants, a it cointLiue 141 force fmit mmth to iionth; provided, 110W-
ever, tluit either party may ten-nfi-Late tlw sw-ae aL any' time.by nailhig
%to thu other puz��:y at its cliurcli or business address, a 10 day iwtice
and the let" al -mil tenidnate cm the tenLh-duy of such notice.
Lessee lu--raby furrlwir ALraes that it shall keep the said park-
ing lot axe& clewi and free of 6raB8. weeLw, and all litter, re&ardless
of source atui to to use only tlu-- product CASSOM4 D-4 in controllin,, and/or
Oliudna" sow grams a -Al Uveds.
Th* 14mmA agrees to furnish, at no cost or aK),mse to Lessor,
All 1116CA-fisary gravdl or crumbad rock that u-sy be needed for maUiLaituLrW,
the parkt% aroa in a pkWsiaal omdition equal to and no less tium the
physical qmx%tian of tho lot at t1m U= of the of Li"
In the event ttiat the Lassor suffers any r"l property Lax assess-
ment, or any Incrame in rea.1 pp*ert:y taxims pradmtely caused by the
execution of this laiwa, ind tbe use of t�w Church-proparty for parking
facilit.i.,es, otimr than dWe dewted to puWng for Qwrch activitias.
the L4usa& specifically agium to ppy such real property tax in belialf
of this Churph, a lam�gmj 4nd %dAch 14mam in presently wimpt. frcm real
P4 Pperty tAW.
Lasmm &Veen to raft&ln frctn ths %pe of the parking area and shall
take all reasonable and racessary steps to assure that dw mwdmts and
d* awl *to for %*me bmatit this less is executed sball not use the
ft"Utima, ma baw" b0ore or during cburch ser4ioss, church umet-
owl act;ivit-tem cmAwted
Tha Lam" sholl, at its am exp&W, assume all responsibility for
any domgms to the m*4 lot ar", tress,' shrubbery, md property of the
1"4or, aWding OC QwWah edifice buiWpg, which may be caused by the
use of the va*Am lot or tba Darkim of vehicles on the parkim. lot, and
MR "-
and
all naaqpmy repai= apd do such was* as shall be retAred to restore
proomm aw dsmsmA pmpexV of the I
RECEIVED
nrT 1 278
CITY OF EDMONDS
PIANNI':,, ()FPT.
A
It is agreed between thel�artieo that only the alley
uliLraiice to the parking area sha be used and the Lessor -shall
n4littaiii chains closing the Maple street entrance.
This af;reament is made upon the express condition that the
Lesuor shall be free from all liabilities and claims for dawaj;es an
alLd/or suits fVv or by redson of any injury or iinjuriL.11 to any per-
son or persons"or prQperty of any kind whatsoever, whc;ther the person
or property of Lessee, its a6ents or employees, or third persons,
front aiiy cause or causes whatooever while in ot upon said PrL-MiSL-S
or aiky part thereof durivq!, the term of this
"�rpteiiL or. ion -
.#A" by. any occupancy or iise of strr& pronA so's 'or al. dcLiViLy cavried
thereWith, lKereby covenants
U14 UY LUkhlble4� Lik 4;Q.UU§QtiU1L and Lessee
aiiu akIreas Lu ilodelldlify aiid savu ltaridless the Lessor frOw all lia-
C.
bilities, harLva, expeiiaes (includirij, counsel fues) and aosts on
account of. or by reason of any such iiijuritis, liabiliVies, claluts,
HLlitS Or . losses however occurrini, or daniages growiiq, uut of same.
The Lessee shall i,uiinuain duriiij, th.e Lern, of Liiis lease
full liability*or indaridtity.injaurance aa aj�ainaL the fcrej,oin�;
liabili * ty to the Lessor arid sliall havo the Lessor iiairied "s an
L111,11.tional insured in sald policy ot lik.;,ii-ance.
ThiS lua8t! 81,alt 110t. L-o Cl813ij,Lllj!Ls&, aL the
Lj
1-1-.iLi011 Of VL,rii, of thiS leasu, Lhe will quit W16 3Urruti-
1 010 prewi.j(�:j iLl tlieir prusent erwitliLioll, uruittal'y we.11 and
by Lhe eleweiiLs or fire
IN WITilLSS UhLREOF, Llie pa:LA.'it-.s lkereLo havt! si.,L,iieki alld
9�11il,!4 this lease the (lay and yeal: I'lr6L M)OVe X�ri.LLWI-
The Fi rq t- Church o f C t Scientist,
Ldmonus, Washington, by.:
Clerk
OLd Milltown Group, a partnership by:
dQ9jL,-1kfd's a r —11pfen e r
STATE OF WASHINGTON
County -at -Svloho"*k
C'n
On this day of'47�� 1978, before me, the under-
signed, a Notary' ic in and foot'the State of Washi!�gton, duly
�ouanissto2nt !�d avolen personally appeared, 4. and
to me known ob bA6 the President and
Secretary (Clerk). 1;*sP* Ively, of First Church of Christ, Scien-
tist, Edmonds, Woshington, the aorporation that executed the fore-
-77
. ... ......
toitil, instrumaht, and acknowledged the said instrument to be the
dead of said corporation, for the uses
f ree ai,d voluntary.act and
and purposes therain mentioned, and on oath stated that they were
authorized to exocute the said instrWent and that the Oft'll uffixed
As the corporate seal of said corporation.
WITULSS ttiy hand aild official seal hereto affixt-d Lhe day
ificate above writuelk.
till" yea 1: in this cart
Notary Public"T11 11M -ful. ta L u
of Washirij Lou ruuiLifiq,
5 -, I
0
NOTICE OF HEARING PETITION
FOR VARIANCE - 00N0VRXMX=XRRRt41T
BY EDMONDS BOARD OF ADJUSTMENT
All interested persons are hereby notified that Wednesday, the
15th day of November 19 78 , has been set as the
date for hearing petition filed by David Kinderfather
for a vari ance - aond*Wom'k>aM>vzmRt f rom the -50% a I I owed f or
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
I
I
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
8-2-1
S&
rd
Affidavit of Pu6lication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of the EVERETT HERALD9 a daily news-
paper printed and published in the City of Everett, County of Snoho-
mish, and State of Washington; that said newspaper is a newspaper
of general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County, and that the notice ....................................
',*,NOTICE OF HEARING ..................................................................
....................................................
............................................................................................................................
a printed copy of which is hereunto attachedt was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
OCT. 28, 1978
......................................................................................................................................
........................ 4 ..............................................................................................................
and that s aid newspaper was regularly distributed to its subscribers
during all of said period.
C-1: W"die
30th
Subscribed and sworn to before me this ...................
OCTOBER 78
..... ) ...... 1 19 .........
day of ......................................... ....
00
....... ...................... ........ ...... .........
Notary Public in and for the State of WashingtoN
residing at Everett, Snohomish County.
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A
PUBLIC HEARING WILL BE HELD BY THE
.................
AN APPLICATION HAVV4G BEEN FILED FOR. V6W. .... triolm
...... 5091Ar-..'.a11owA46 ...
......................................................................
....................................
...................................
PROPERTY DESCRIPTION OR ADDRESS
...................................................... ........
...............................................................
ZONE CLASSIFICATION: ... WILW...
.................................................
*IME & DATE OF HEARING
1w.
7 1 02."
.70 30. A -
ITIME DAY
AT
E
Olt,
THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMON
CENTER, 250 - 5th AVENUE NORTH. ANY PERSON INTERESTED I
�')�'PRO OSAL MAY APPEAR IN SUPPORT OF OR IN OPPOSITION TO IT. COM
P
CONCERNING THE APPLICATION MAY BE SUBMITTED PRIOR TO OR AT `-,THE`T�"
MEETING, IN PERSON OR IN WRITING. ADDITIONAL INFORMATION MAY' BE
AT THE PLANNING DIVISION (PHONE 775-2525 EXT. 227). IN 'TH
_,..EVENT THE AGENDA IS NOT COMPLETED ON THE ABOVE DATE, THE PUBLI
SA
W-HEARING WILL BE CONTINUED TO THE NEXT REGULAR MEETING AT�THE-
'TIM E AND PLACE.
FILE
NO... VrI.3 07?
...... PUBLISHED. ........
IS POSTERMAY BE REMOVE91) Arp"'IFER-1 ......................
or'
BAN mmAr%
The removal, mutilation, destruction
concealment of this notice prior to the date
ble
of the hearing is a misdemeanor punisha
A Rill by fine and imprisonment.
iEl� 2
d
mom"
FILE NO. V-93-78
APPLICANT David Kinderfather
AFFIDAVIT OF POSTER
STATE OF WASHINGTON
ss.
COUNTY OF SNOHOMISH
Nancy Edgmon Luster being first duly sworn,
on oath deposes and says:
That on the day the
Ordinance,
attached Notice ot Public Hearing was posted as prescribed by
and In any event, in the Post Office and Civic Center, and where applic
able, on or near the subject property.
��� &tL
Notary Public In and f r the at of.4
Washington residing at?�)
Cl-ry OF SO ONDS
CIvIC CFNTFR * FDMONDS, WAS14INGTON 98020 1 (206) 775-2525
COWUNITY DGVGL0PMSNT DEPARTMEiNT
DATE: November 27 1978
TO David Kinderfather
201 5th Avenue South
Edmonds, WA 98020
ATTN: CHRIS
-s I. on regard I ng
t4emo from Engineering Divi
SMITTINI
V-93-78 & CU-54-78
xx
AS YOU REQUESTED --
FOP, YOUR -INFORMATION:������
AS WE.DISCUSSED:
FOR ApPROVAL:
FOR YOUR FILE:
REVIE14 AND C0101ENT:
COMENT�AND RETURN:-
14INUTES OF MEETING:
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