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20509 86TH PL W.pdf- - -- - - - - - - -- wp� L Eil 4b q EXHIBIT2 CITY OF EDMONDS HEARING EXAMINER FILEj,. V DATE 3 -[L4 —VP FEE.-- 1 Z-5, 0o RECT # 4cl'-� 5 APPLICATION FOR VARIANCE APO'S HEARING DATE: 4�121,rk APPLICANT 3056�,p —ADDRESS Q0.5-0t? c% ", PL ct,', CITY & ZIP. no Pi. C�,?GA 0 -P H 0 N E 77 q-- �'/,3(2 INDICATE TYPE OR DEGREE OF INTEREST 114 PROPERTY LOCATION OR ADDRESS OF PROPERTY R OS-()-q cP6 r4 P LEGAL DESCRIPTION OF PROPERTY tvT B P, IV e a/c, e V 'T 1311-4 VARIANCE REQUESTED: o aX.t(?Mj A\y PfieSCAJ WXICA tj 64 V e, To eRo,0ee21�,1 FOR OFFICE USE ONLY: USE ZONE: a"L— ZONING ORDINANCE REQUIREMENT:- 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 Dart upon false, misleading or incomplete information furnished by the applicant, his agents or employees. Permission to Enter Subject Property The undersigned applicant grants his, her or its permission for public 0 officials and the staff of the City of Edmonds to enter the subject property for the purpose of inspection and postin�,�ttendant to this ^application. ' C, e of Aqlicant, Owner or -nativ presentative 0 .11 DECLARATIONS OF APPLICANT Please answer all questions 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? 2. How does your property differ from other property in the same vicinity? 3. Will this variance be detrimental to the public or damaging to other property or improvement-s in the vicinity? 1--n (-5, 1 A% I? po u e fkw ek)T. L w Av —W, M (D - +h Pu b 6 P d4 PM V '-to 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? me 5. Can you make reasonable use of your property without the variance? Be C-4 C/ 3 e 0 ZC 'e- /-), ( r C I A) / / V e. <' � 1�'e 1, 4 '141 P 14 Cj s e 1:-4c e S 1-k, —0/V('V a Low 19 'p, N LOT 13 Ebrnorij's S U 0 EXHIBITA: 30, 00 ko ,e L 2'i a oil Fig 10, /00 f7 U Ne- RCQUIR4 Self Sj Rj t 1061 15 ----------- 20 Sef )3w-kg PRO ?Os -ea pRoPeP.7-Y LiAleS k Ul �� I... ­ - I I 9 b I I . w � a i't, VAS ,Ao�d 10 c 10 Cot I 1181HU N t 0 .1 I L ro L40 57 16/4 I M, �,., FL, I Ll Ak " *at co 0000**� 7 7V Lo Kbs 2�1 Lef L io v m 7( 0 4IJ I J� d �Lld L k I TW 4 I Is N �. I 8 ( @ t papw� vvf Ul I T ur muiviur4uo NOTICE OF PUBLIC HEARING THE- HEARING EXAMINER -WILL HOLD A PUBLIC HEARING THURSDAY, APRIL 3RD _19 86 ON THE FOLLOWING APPLICATION: FILE NO. V - 7 - 86 VAgiANcE To gEpucE THE gEQu-igEp 25' NoRTH REAR SETBACK TO 10' TO ALLOW AN ADDITION TO THE RESIDENCE, PROPERTY ADDRESS AND LOCATION-20509 186TH PLAr-E WF'.;T 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 APRIL 3., 1986 /�OJ< t& %- Mad�d 312 -// IJ6' FILE NO. V-7-86 APPLICANT Joseph Agrillo AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Susan Painter being first duly,sworn, on oath deposes and says: That on the 24th day of March 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. Signed L Subscribed and sworn to before me this day of 19 f� - Notary Public in and for the. State of Washington. Residing at MY COMMISSION EXPIRES 6.16-89. V-7-86 FILE NO. Joseph Agrillo APPLICANT AFFIDAVIT OF POSTER STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Duane Bowman being first duly sworn, on oath, deposes and says: That on the 24th day of March 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 day of 1� -zj I qi� Notary Public in and for the State of Washington. Residing at My CUMMISSION EXPIRES 6.16-89. 0 ADJACENT PROPERTY OWNER LIST PLEASE LIST ALL STREET ADDRESSES OF RESIDENTS OF PROPERTY WITHIN 80 FEET OF THE PROPERTY LINES OF THE SITE. ALSO LIST NAMES AND MAILING ADDRESSES OF OWNERS OF THESE SAME PROPERTIES. (THIS INFORMATION MAY BE OBTAINED FROM THE COUNTY ASSESSOR I S OFFICE*,' IF A BANK IS LISTED AS'OWNER., PLEASE INCLUDE LOAN NUMBER NEXT TO INDIVIDUAL I S NAME.) Pennuck, Glen M White, Arthur S. and Lindsay A 20520 85th Pl. West L2 (0 5 . 584 86th Pl. W Wa. 98020 Edmonds, Edmonds, Wa. 98020 Miller,J. L. 20512 86th Pl. dest Edmonds, 'vla. -018020 - Brown, Warren and Gertrude M. [20507 86th Pl. West 01 71� 19 01 _,c dmonds, Wa. 98020 Home Savings and Loan Assoc. (Brewer, Milton E.) P.O. Box H Burien, Wa. (home address is 20603 86th Place West Edmonds, Wa. 98020 Crain, J.D. P.O.Box 21506 0 'r P Seattle, Wa. 9811-1 Present owner is Law., 3: 20602 86th Place Wes - Edmonds, vla. 98020 Morgage Comp. rTransAmerican 1 Karadek, T.J. 1P1;--r2.­O.Bo*x 3795 San Francisco, Calif. 7 Donald [Buso, 2C0508 85th Pl. West Edmonds, 'Wa. 98020 ,McArthur, Marcia 20530-85th Place West f A, 0 11,4 s ul zy INTER -OFFICE CORRESPONDENCE Bobby Mil 1 s. Publ i.c Works Gary McComa's Fire Marshal March 17, 1986 To----JL-ru�auth-/-Da-n---Sm-rth---E-agim-eer-l-nu Date Subject V-7-86 REQUEST FOR VARIANCE TO ALLOW REDUCTION OF REAR SETBACK FROM 25' TO 101 TO ALLOW FOR ADDITION AT 20509-86TH PL. W.'(RS-12) HEARING DATE: APRIL 3, 1986 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN MARCH 25, 1986. THANKS. E(,, El ED. OR DUANE BOWMAN By VERBAL ORDERS DON'T GO TOPS FORM 1232 L17HOIN U. S. D RECEIVE rVIA R 17 1986 3 INTER -OFFICE CORRESPONDENCE ENGINEERING Bobby Mi'l 1 s. publ i.c Works Gary McComas - Fixe Marshal March 17, 1986 To O-erry--Hauth-/DaTi—S-mith---E-n-g' Tny Dat Subject. V-7-86 REQUEST FOR VARIANCE TO ALLOW REDUCTION OF REAR SETBACK FROM 25' TO 101 TO ALLOW FOR ADDITION AT 20509-86TH PL. W. (RS-12) HEARING DATE: APRIL 3, 1986 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN MARCH 25, 1986. THANKS. DUANE BOWMAN By VERBAL ORDERS DON'T GO TOPS FORM 12) 3 2 1 T H 0 1 N U S 3/ /, 7� AID ,�a4cr 7-0/�161(511aaes Al 7 R E C E I V E D MAR 1;*l 1986 INTER -OFFICE CORRESPONDENCE EDMONDS FIRE DEPT. Bobby Mil 1 s. - Publ i.c Works Date March 17, 1986 To der dUthY-DaiT-S-mith­-- En-g! -eL�rtng Subject. V-7-86 REQUEST FOR VARIANCE TO ALLOW REDUCTION OF REAR SETBACK FROM 25' TO 10' TO ALLOW FOR ADDITION AT 20509-86TH PL. W. (RS-12) HEARING DATE: APRIL 3, 1986 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN MARCH 25, 1986. THANKS. L; E J. V E L) CITY. OF, EDPOO.NDS DUANE BOWMAN By EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMI1%TER FILE: V-7-86 HEARING DATE: April 3, 1986 I. REQUESTED ACTION: Variance to reduce the required 251 north rear setback to 10' to allow an addition to the residence at 20509 86th Pl. W., Edmonds. II. APPLICANT/01,9NER: Joseph Agrillo 20509 86th Pl. 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 an 10,500 sq. ft. lot located on the east side of 86th Pl. W. The lot is a flag lot and was created by Edmonds short subdivision #S-51-68. The lot is substandard as to lot area, as the zoning in the neighborhood is RS-12 which requires 12,000 sq. ft. minim= lot area. There is an existing two story residence located on the. property. The applicant is seeking a variance to allow an addition onto the rear of the existing residence for his mother-in-law. Surrounding development is entirely single family residential. B. official Street Map P sed R/W Existing R/W West - 86th Ave. W. 60' 60' C. Conformance to Chapter 20.85.010 1. Special Circumstances Special circumstances do not appear to exist in this particular case. The existing residence complies with Staff Report V-7-86 Page 2 the zoning requirements. While it is admirable that the applicant would like to build the addition for his mother-in-law in order that she would be able to live with the family, this is not grounds for a variance. 2. Special Privilege The proposed variance does appear to represent a grant of special privilege. The addition could conform with current zoning regulations if it was built onto the east end of the home. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property as Low Densitv Residential, as are all the adjoining properties. The proposed variance does not appear to conflict with the purposes of the Comprehensive Plan. 4. Zoninq 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 or the RS-12 zone district as it would crowd the northern property line. 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 not appear to represent a minimm variance request. V. STAFF RECOMMENDATION: Staff cannot recommend that V-7-86 be approved as it does not conform to the requirements of Chapter 20.85-010 of the Community Development Code. It appears that an addition could be added to the east end of the residence which would comply the zoning ordinance. 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-7-86 JOSEPH AGRILLO Variance to reduce the required 25' north rear setback to 10' to allow an addition to the residence at 20509 86th Pl. W. NAME ADDRESS s-'6 )osC) Q A A .4 AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION FILE: OF JOSEPH AGRILLO FOR APPROVAL OF A VARIANCE DECISION: The variance is denied. INTRODUCTION V1- 7 - RTY, i Joseph Agrillo, 20509 - 86th Place West, Edmonds, Washington, 98020, and hereinafter referred to as Applicant, has requested approval of a variance to reduce the required 25'foot north rear setback on property located at 20509 - 86th Place West, Edmonds, Washington. The subject property is more particularly described as: V _ Lot 19B, Pine Ridge Plat Snohomish County, Washington The specific request is for a reduction of the 25 foot rear setback standards to a 10 foot rear setback for the subject property. A hearing on the request was held before the Hearing Examiner of the City of Edmonds on April 3, 1986. At the hearing the following presented testimony and evidence: Duane Bowman Joseph Agrillo Planning Dept. 20509 - 86th Pl. W. City of Edmonds Edmonds, WA 98020 Edmonds, WA 98020 At the hearing the following exhibits were submitted and admitted as part of the record of these proceedings: Exhibit 1 - Staff Report to 2 - Application/Declarations It 3 - plot Plan 4 - Vicinity Map 5 - Layout of the Agrillo house 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 application is for the approval of a variance to reduce the rear setback on property located at 20509 - 86th Place West, Edmonds, Washington. More specifically the request is 0 Findings and Deci---.on of the Hearing Examiner of the City of Edmonds Re: V-7-86 Page 2 to reduce the 25-foot required rear setback to 10 feet in order for the Applicant to construct an addition on the north side of the existing residence on site. (Staff report.) 2. The subject property is a 10,500 square foot lot that is located east of 86th Place West. It is a flag lot that was created under short subdivision #S-51-68. The lot is a sub- standard lot because it does not meet ' the 12,000 square foot minimum requirements for the RS-12 zone On which it is located. (Staff report.) I 3. Located on site is a two-story residence which is the Applicant s h6me. It is the intent of the Applicant to add an addition on the north side of the existing residence. The Applicant desires to use the addition as an area for the use of his mother-in-law. (Staff report and Bowman testimony and Agrillo testimony.) 4. The subject property is zoned RS-12. Section 16.20.030 of the Edmonds Community Development Code (ECDC) establishes the mini- mum rear setback for RS-12 zones as 25 feet. It is from this section of the ECDC that the Applicant seeks a variance. (ECDC.) 5. 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 ECDC must be satisfied. 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 property 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.) 6. The Planning Department of the City of Edmonds submitted that no special circumstances exist for the granting of a variance. According to the Planning Department, the existing residence complies with zoning requirements and there is sufficient area Findings and Decision of the Hearing Examiner of the City of Edmonds Re: V-7-86 Page 3 on other parts of the Applicant's property.to construct an addition without the requested variance. (Staff report.) 7. The Planning Department submitted that the granting of the variance will be the grant of a special privilege. Accord- ing to the Planning Department, the addition could conform with the current zoning regulations if it were built on the east end of the residence. (Staff report.) 8. The Comprehensive Policy Plan Map designates,the subject property as Low Density Residential. The request does not conflict with the Comprehensive Plan. (Staff report.) 9. The Planning Department submitted that the requested variance does conflict with the purposes of the zoning ordinances in that it will cause crowding on the northern property line of the subject property. (Staff report.) 10. The Planning Department submitted that the variance does not pose any significant impact to the public, nor to nearby private properties or improvements. (Staff report.) 11. The Planning Department submitted that the requested variance does not appear to represent a minimum variance request. (Staff report.) 12. The Applicant submitted that the property to the west of the subject property has recently been developed with the use of a variance to allow construction within four feet of the rear setback. (Agrillo testimony.) 13. The Applicant submitted that it is his intent to develop the addition to the existing structure for the purpose of providing a place for his mother-in-law to live. His mother-in-lawwho ' is forty percent blind and uses a walker,would have easy access to the bathroom and kitchen facilities if the variance were granted and the addition constructed as proposed. If the ad- dition were built on another portion of the house, the mother- in-law would be required to walk considerably further to use bathroom and kitchen facilities. This,.according to the Appli- cant,would result in great inconvenience for the immobile woman. (Agrillo testimony.) 14. The -Applicant submitted that property owners in the vicinity are in support of his application and the variance will not impact other properties. (Agrillo testimony.) 15. The Applicant submitted that the front of his residence faces south and the location of the addition in any area other than on the north would impact the design of the structure. (Agrillo testimony.) 16. No other testimony was received in this matter. CONCLUSIONS 1. The application is for the approval of a variance to reduce the rear setback on property located at 20509 - 86th Place West, Edmonds, Washington. Specifically the requested variance is for a reduction of the 25-foot required rear setback to a 10-foot rear setback in order to allow an addition to be con- structed onto the existing residence. 2. 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 ECDC must be satisfied. The application has failed to'satisfy these criteria. 3. Special circumstances do not exist for the granting of a variance. The only circumstances presented involved inconvenience for the residents of the structure. Variances are granted for the pro perty and not for the residents. 4. The granting of a variance would be the grant of a special privilege. 5. The proposed variance does not conflict with the Comprehensive Plan of the City of Edmonds. 6. The variance, if granted, would cause crowding on the northern property line and would conflict with RS-12 zoning standards. 7. The' variance would not impact other properties in the vicinity. 8. The variance does not appear to be*the minimum necessary for the Applicant to develop his property in a manner similar to other properties in the vicinity. nPPTRTnN Based upon the preceding Findings of Fact and Conclusions; the testi- mony and evidence submitted -at the public hearing; and, the impres- sions of the Hearing Examiner at a site view, it is hereby ordered that the requested variance for a reduction of the rear setback on prope'rty located at 20509 - 86th Place West, Edmonds, Washington, is denied. The reasons for denying the variance are set forth in the findings and conclusions of this document. rnMMRNTS The variance criteria as set forth in Section 20.85. * 010 of the ECDC must be met prior to a variance being granted. Variances are granted to property and not to individuals. The property for which the variance is sought must have special circumstances necessitating a variance. These special circumstances are not present in the instant case. While the Applicant is in a difficult situation with regard to providing care for his mother-in-law, the proposal for the addition cannot be granted a variance based on the immobility of his mother-in-law. L3 Findings and Deci--Lon of the Hearing Examiner of the City of Edmonds Re: V-7-86 Page 5 Entered this 14thday of April, 1986, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. r, 1'r -1 VL/-"" 81 W1 k S M. DRISCOLL 7Haring Examiner 1 NOTI E F 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 28, 1986. I .'s 11