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20331 83RD AVE W.pdfr,7::Q L L + r., 4 If I L P NX r ro, J,r fm dl it If, )I If rf.. �IfIil d if '.,t if I I Ifff + I ' I f 1� I . �p if. j � 'A i v -4� I I I it 4 I I d If L I if 14, I J I p � L If _tI4 it it LL F I r, r L41 fit I I r I f, IfIL r I" I dd art, I .1� Lr It Id ILI -rl% - Ar P, --N, FI7 Ci DAT FEE CITY OF EDMONDS RECT BOARD OF ADJUSTMENT .APO'S APPLICATION FOR VARIANCE HEARING DATE: APPLICANT ADDRESS CITY & ZIP/--- kl"Isi� ejs,0;20 PHONE 7-?g,- INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY LOCATION OR ADDRESS OF PROPERTY Wl/ 6 LEGAL DESCRIPTION OF PROPERTY 0 f '�-" "Z'ed VARIANCE REQUESTED: /I' e- lei n 0-0 i'v'ee- FOR OFFICE USE ONLY USE ZONE: * 35 ZONING ORDINANCE REQUIREMENT: STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) Signature of Applicant,Owners, or, Representative On this date, before me, the -undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 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 me that :he 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 - day of 19 M N, 2,7 Od DECLARATIONS:OF APPLICANT, Please answer all questions 1. What are the,physical characteristics, (i.e. topo,graphy,.'shd d of'lot, etc.) which 'create a hardship.for you in regar to development of your property? -Ale 14/1- 7 r"77 2. How does your property differ from other property in the.same vicinity? /Y e AD -!�e zf 01'(3 -e- 6,1�1-H Z) e- 77' 3. Will this variance be detrimental to'the public or damaging'to other property or improvements in the vicinity? 4. What hardships will result to you if the variance is not granted?� Will these hardships have been caused by your own action? tv.) -4 Al. 5. Can you make reasonable use of your property without the varian , ce? A/O d IIL 97 ST W C) cr). 13 4 11 h ST 14 & 0:� 15 0 17 < CL 20 c). 4 _j 6 Q- 198th PL. S.W. 1,77 ; .1 200 th ST 02 C i 02 2 01 3 a C) 1 37 02'. 01 02 S-3 ui ol 202nd PL.Q 7 PloT -67 co L 0 W/CO 0 W 20)3rd PL S.W, k 'E-1 IE-1 GAH T5 fl f4&- C, - ) -- I , 'T -63 5.-33 7, Fr- -7, iv4c, 17 S 02 �,:2 n P/71) A�," 203rd. 709, 2 BE ILI ,qqw� -, 0,* -- 7 -111 4orf -, �z ,.7 I : . 4F .1 -4 4014IR4 W,` I airy Aw WF` - 1%, 1 ll'l� ` — ",')A; "IN IN 11% d 7M, % 1 4 P, ........ ... . I I d tl� N; L . I 9 ol 17 L I Pot :N pi-7, .1 — d Its ;71 ed Ir 14 4 .1 tl I t p Irtl VAU00 p "Jo I( d 7'1 l d AM .71l s uo I 1 9 d It I p l lN r p r I . r .0 A . p 'I". I I.N 'WON 9 I r L .1 1 41 kg I . j !I � ;, p 91 d d - I t I r I l d 4 714 j 4 J. IFIR W.. . I L INC fly rNN k 4, 1'. 61 1 1 1 A 1A (q% ft too C6 00 p I 4 A 4�) I p p 4 p f`A P' kk k dd p IN d p &I NIS .4p. d Cl 5. Secfion 12.16.110 11 ---- and if a building permit and/or occupancy Mrmit is not obtained for !Ti_es6_bject property within one year from the date of the Board's decision, thecon- ditional use permit or variance shall be automatically null and void.---" 6. Decision shall be -effective on:- (Date) DATED: �B oae: _—Cr —ha i rm an ard f Ad'ustment DATA Date of Application: /0 Date of Hearing: --------- Date of Publ i cation: (� FY-_ 0 — Continuances: Date of Posting: of the Board: Date of Appeal from Decision TRA14SMITTING: ard of Adjustment Minutes Bo .,AS YOU REQUESTED: FOR Y OUR INFORMATION: XX AS WE FOR v "I REVIEW AND COM�ENT: COMMENT AND RETURN: MINUTES OF BOARD OF ADJUSTMENT August 20, 1980 The regular meeting of the Edmond s Board of Adjustment was called to order by Chairman Jack Byrd at 7:30 p.m. in the Council Chambers of the Edmonds Civic Center. Chai man Byrd welcomed the audience and explained the functions of the Board, the procedure of the hearings, and the method of appealing decisions of, the Board. PRESENT ABSENT STAFF PRESENT Jack Byrd Paul Roy Duane Bowman, Associate Planner Muryl Medina Anne McGee Dan Smith, Engineer Technician Harold Hatzenbuhler Wayne Tanaka, City Attorney Ann Derleth Jackie Parrett, Deputy City Clerk Bill Leraas Chai man Byrd advised that Mr. Roy's and Mrs. McGee's absences should be designated it nanc6-2156. unexcused," pursuant to Ordi APPROVAL OF MINUTES MR. HATZENBUHLER MOVED, SECONDED BY MRS. MEDINA, TO APPROVE THE MINUTES OF JULY 16, 1980. MOTION CARRIED. REPORT FROM STAFF Mr. Bowman advised that there is some question as to the status of Paul Roy and his wife had been contacted and she indicated he had resigned from the Board and that a letter of resignation had been sent a month ago. Mr. Bowman felt it could be assumed that he had resigned and if a letter has not been submitted one will be requested. Mr. Bowman advised that a letter had been received from Nina Grader (CU-35-80) requ�sting withdrawal of the application. CONTINUED AGENDA V-'21-80 HAROLD WICKSTROM Variance from underground wiring requirement at 20.331�. 83rd Ave. W. —FRS-8) Chapter 6.30.060 of the Edmonds City Code requires underground wiring for all new construction, and the building permit for this home and the short subdivision creating this lot.both stated this requirement. The Engineering division indicated that all other newer homes in the area have undergroun*d electric service. Mr. Bowman reviewed the variance criteria. It would not amount to a rezone. There are no conditions not generally applicable to other lands in the same district. Strict enforcement of the zoning code zh- would not deprive the property owner of rights enjoyed by other properties in the same district. The special conditions result from the actions of the applicant, inasmuch as the Building Permit clearly required underground wiring. There were no unnecessary hardships or 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, except for the unsightliness of the overhead wiring spanning the street. Mr. Bowman said this was not the minimum variance to make possible the reasonable use of land, and he felt granting of the variance generally would not be in harmony with the zoning code. He recommended denial. City Attorney Wayne Tanaka read aloud the provisions of Section 6.30.080 which state in part: "Underground requirements shall be*waived . . . only if the utility owner or user or any other affected party can demonstrate that it would work an undue hardship to place the facilities concerned underground. By undue hardship is meant a technological difficulty 4111" -N, Al- 77 associated with the particular facility, or with the, particular real property , involved, or a cost of undergrourlding such a facility which, in the board's determination is deemed to outweigh the public health, safety and general welfare considerations implicit in underground installation." Mr. Smith noted that there is a standard fee charged by the power company of $200 to underground. The hearing was then opened to the public. Harold Wickstrom, 757 Somerset Lane, said he had overlooked the undergrounding. requirement on the building permit. He -said the properties on either side of the subject property have overhead wiring and when he talked to the electrician the electrician suggested that he go overhead also. He said he had not built many.single-family homes in Edmonds, having built mostly apartments, and he had not subdivided the property, so was not aware of the undergrounding requirement in the City. 'The public portion of the hearing then was closed. Mr. Hatzenbuhler felt this was a situation where the applicant was not duly informed. He added that he is not in favor of requiring undergounding when surrounding homes do not have it. Mr. Leraas observed that the City probably was remiss, but that it is also the owner's responsibility when he buys a piece of property to become aware of the restrictions or covenants on that niece Of Droperty. Mrs. Medina said the Code is there, and when you are in the construction business you make it your business to read and know what is required. On the other hand, she could not see going to a lot of trouble to underground this property when everything around it has overhead wiring. She believed it was an error on Mr. Wickstrom's part. Mrs. Derleth was not sure this fit what the City Attorney had read to them earlier. The public hearing was reopened. Mr. Wickstrom was asked what it would cost to bring the conduit to his home. He replied that he would have to break up the floor inside as well as the work on the outside. Don Molvik, 24005 74th W., of Molvik-Olson Electric, observed that this was was an overhead meter base sealed in a brick wall and it would have to be removed and the underground meter base put in, which is twice the size. He estimated the electrical cost would be $700, so the total would be Well up to $2,000 or more. The public portion of the hearing again was closed. MR. HATZENBUHLER MOVED, SECONDED BY MRS. MEDINA, TO APPROVE V-21-80 BECAUSE HE FELT IT WOULD NOT BE DETRIMENTAL TO HEALTH, SAFETY., AND WELFARE OF THE VICINITY, AND BECAUSE HE FELT IN THIS PARTICULAR CASE THE COSTS WOULD HAVE TO BE BORNE BY WHOEVER.BOUGHT THE HOUSE AND IT WOULD BE AN UNNECESSARY COST. Mr. Leraas felt that since there are covenants in plats that indicate certain requirements, somewhere along the line the City Building Department should have these conditions set forth, so the Board would not be put in this position. Mrs. Derleth agreed. She said one reason she would vote for the variance was that it would appear that there should have been one or two inspections in which the error would have been noted. That, plus the costs and the other nearby homes with overhead wiring, she felt would justify this. But she said she would not want it to set a precedent and she hoped the City would be especially careful about this in the future. Chai man Byrd felt this was an honest mistake, but he was reluctant to go against the ordinance. He said the City should be on not ' ice to watch for such things in the future, and in most cases a variance request such as this will not be granted. THE MOTION CARRIED. V-22-80 NEAL AND KAY JOHNSTON - Variance from required rear yard setback and square footage requirement at 21405 73rd Pl. W. (RML) This item had been heard by the Board at the last meeting, with a tie vote on the decision, so it was continued to this meeting when additional members would be present. The Board members present this evening who were not present at the previous hearing had not listened to the tape of the hearing, so an entirely new hearing was held. Mr. Bowman showed slides of the property. The variances requested were to reduce the rear yard setback to EDMONDS BOARD OF ADJUSTMENT Page 2 - August 20, 1980