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21200 72ND AVE W.pdfdop I i� k EXHIBIT 2 F IL't,# V/-�:;�/9-7 CITY OF EDMONDS DATE HEARING EXAMINER RECT APPLICATION FOR VARIANCE APO'S HEARING DATE: a(G (97 APPLICANT V.TIVCE EE -'S 86 A I 'T - E ADDRESS-Yi/0 Z71 5'- P-J-- AIE- CITY & ZIP_ SELLEVUE W _q,?,0,0g_PHONE/�Z6Z) INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY 6 WIVEk LOCATION OR ADDRESS OF PROPERTYV/,�766 7,,?,qp /?YF &1,r5;r FDnJ)A1D-S-, U)9,5d LEGAL DESCRIPTION OF PROPERTY -7 /V E)? S F-I VE 19 C eE Te�de-'TS, fieco�CQTAJ&' Te) P4fi7 --9FeeQE 'J WAS)�.TIV6'F6W EYCEP'l VARIANCE REQUESTED: E 106 -,FEET "7',YF-,VF6F. 70' TIV 52MI &'9W--77,F10, 90,YE,5 TA1 )�e7-s7-7-Amr' 6r ,52 eng - FOR OFFICE USE ONLY: USE ZONE: Cb-2, ZONING ORDINANCE REQUIREMENT: 0 -F �-AtJD6cprait,)G ik) I Release/Hold Harmless Agreement The undersigned applicant, his heirs and assigns, in consideration for the City processing the application a grees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages and/or claims for damages, including reasonable attornevs' fees, arising from any action CD 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 officials and the staff of the City of Edmonds to enter the subject property for the purpose of inspection and posting attendant to th' application. I "I--_ A e��5 - / - Signature of Ap-pli(:�dnt, Owner or r' Representative �z 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? -�rs 9 -�6v& 1?EeZ)9,q&L,6 A /to HEXT 7-0 '.51DEWRI-L ON 24 T14 Vdr- �6e-ATZQIJ OF 20,)- tuIT11 go Mar-14 FooT 7-1?19 F f,77C 1,L S y At �� Z7T R 5' goRT e- it T- 2. How does your property differ from other property in the same vicinity? MPE9-7-�f IYRS fi 6,FA17 --E SJOPF SoaLg RAID NIMO ,, ,�Z 7�V Oe PQA�E a -SE T-r 175 9 214XOT CUT- Te) CYC-05-5 Fk o M P AktXAM� -,167- 3. Will this variance be detrimental to the public or damaging to other property orimprovementsin the vicinity? IV6, TP 15 JUD-OROVE 7--,YE 19RfE-AeqA1C,6 nda-fi 5iqFE7--q MEPS"KE )"-67R F-6o7- ZK 915STC , 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? 71-jl?7- WJI-Z leRs'al-7-1:72CE bF 5Pgj),1k')F9 �,V -Y 94D-S-- RAW -119AIDSCAPiA14, DE57 0043AC-D St� J�FRY5 ):76oT 7-IMEETC, 5. Can you make reasonable use of your property without the variance? fip, gS _5 T gr D 7v H/?:rA/ TR—.T 50 1--litell 56,nT TIM FATC, VICINITY MAP N.W. 1/4y SEC. 29 ,IV-23-87 �-a 210 00 to , )cm Ir rl 21011 r. 2 10-2i-2 Z10 101 21021-27 me ...- ...P 21031 — ?1% 2J 0 3-1 21100 7-11 2110 a ?.110 t 211oz A Dix WAWAL ACo kn N P% 2-12 S7' &AT S. W. I$. w t;p: � , 0, or _. IWO -73507 C4 7m .130S re MIS POOL 21309 ? P J7 1 L Fxdl 21317 JOL PARX RMC- LO� N CK C% *1 0' — A" ch' Apr F-0141,91.9s. CIA. a t.1 V ;� r, ;z m I _ 1 21+00 S 7* 215*05, In kA v Z)f) Dill' rl IN N X it Q_ 14 Ak"Al 2j62o x2�." Sfe'vm P4. &*JAI .21 S21 ?n m 0 _" L4 9 2.1 G 21700 CROSS L c C 7xuc)g( 21800 21 foe 7-11 ?f 92 ILL AL c 2a0ll I . EXHIBIT 3 T.27N.., R-4 E..W.M.' 157 SmAmIlOts 209 09 ?.loco %0 A U. D.. 21130 21031 -tit z/103 in Z1104 v,07 -1107 21109 T" No 2 7w 2110 D S'l T E AuftkA BMW SAAB 21120 it' )MYEA.Voir)0`7 mo roots 2/q20 508 ttt 21421 2, lq 2 S' 21429 q33 rA " 04,00 8 Z SSe lsse 21-525 S.w — C. ,Z//ol 2JO2 OLO mAr. IANK 4. ri 21311 21316 Z1301 Zlj20 214-os 46 g 213Z.1 TZlIq 05 Z/406 LA a) 0 %3 10 co N 0 R T H a 0 0 I G4) 46 C> 3 Ll tA Lee:. 49 wo , 0 6 % Lr3 Zb t1l Zb rn rn �A tit #0 to aft t lift t is. e 49 1 is. .7 qv V :�O- :4-t :4" 1 T� 4 C2 vi, Mjd cTn-nUm A880C A 47 E r3) 454 3344 t E Fu slil� 2000 112TH AVENUE N. E.- BELLME. WA GION 98004 r mA P P N T I RIO L D I C N L. 0 �.T-j C P. -131 '11 1 N P11. 4). Ol! � Im OME 4VIAllot PAIA j Al" sine,, 05cal L mssual. 41 ADJACENT PROPERTY OWNERS LIST 0 0 0 — 00 0,2 0,? JR M E.S P. 130 x -F-2 C? 9 '4 �j Iq IV ttj 06 D Jvl?Sl� I-M Cr Tz) A/ 1�2 3 s :� / ', 6 /- 6 C& Z/ 0 7- ,7 N 53 0 7 6-86 7 - 000 - 605 - /0 w_T&6.Tlq DRP1414E 3 5 - -3? / V, E r1-1 srREET 5ER7-T)-E 13) 0 r F 7-2 AID 00,5 - 'DO3 - 0/0 4 NEW PRC-TFI-C DEVE)-oFHEAIT CoRP, P'(f), 86X 3'3-7-'Z1 5ER 7-7-/E 1019-511JAIC-7761V 7,2/57 7/-/ -5-j� tlz, 9 6,) ..0 5- /� 6-7 3 '6 L')5 — 0 03 — 6 5- oS- — 0 e),3 IS 7,,2 7,q S wl?sH.TA16rotv �186-20 7,,90;7 -7427,q B,�ock6- �07,3 On my oath, I certify that the names and addresses provided represent all properties located within 80 feet of the subject property. Signature of Applie:4ahtlo'/1�7-A--pp —icant s Representative da Subscribed and rn to before me this Y ofQtII& 19 /�-4 (7— t AU 'PublicfJin and for the State of Washington (Y—Ot5N Residing at ADJACENT PROPERTY OWNERS LIST ,5-,4 g � — 06,57 — 60 1/ — 00 o� - NEW 10PC-ZFYC DEVE-,40PMENT CORP, Ro' &)x -3,37,;?l SEP7TZE VJR59:Fq&T6A1 �91,33 7.Z,15- TY -6- -,407- Z72 5-1 -,,6 f &bg,C)4)jq, E, MRS. 5, Id EDM61VDS'l 0.2 0 2 6 C& ,5,?6 7 -- 6 0 0 -- 06 Y'- 6 3'0 " MPS7-R().' M:rc-,YqE)- .)?.*'r-T0'qjqJC' slo IF1qj-Aj.TEe RVENUE SElq-r-7-,LE, jLJ)951-1,T1V676,IV 7,Z 1,5- j- ;1 9 6 7 Ck 21 ,�7 ,-7/ -3 7V 6 W A] Ff 71 5, I-IJ 7,,7/? ;?13"4P�- -Ts EDMoNP,Sj 4V 19-SP 0 6 D M 0 AJ D 5 A-) Y, /04' Aj / , 10'�2' /03 ho� 166,— 16� 7, /0 0, 0 3 -�?O e -Fo, - 0/ �7&2 6 4d 3e)l 3 -36_, 364 3 6t:, .10 On my oath, I certify that the names and addresses provided represent f the subject* property. all properties located within 80 feet o, Signature of Applicant br Xpp icant's Representative P'day Subscribed and sworn,,.to before me this L2 o f I 9--Li bl-ko-I 4 No ary�,-ftbli . Ci 45d,'-,oIr—the State of 'kashington R e s i d i n g a �-2 JPUL P—', Vince Responte Res i dent/Owne r 7207-212th St. S.W. Resident 72,15-213th Pl. S.W. #201 840-171st Pl. N.E. Edmonds, WA 98020 Edmonds, WA 98020 Bellevue, WA 98008 New Pacific Development Corp. Resident 7215-21 3th PI S.W. #101 Resident 7215-213th Pl. S.W. #202 P.O. Box 33721 . Edmonds WA 98020 Edmonds, WA 98020 Seattle, WA 98133 , Resident/Owner Resident 7215-213th Pl. S.W. #102 Resident 7215-21 3th PI . S.W. #203 7215-212th St. S.W. Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 Mrs. Anna E. Gordon/Res. 'Resident 7215-213th Pl. S.W. #103 Resident 7215-213th Pl. S.W. #204 7125-212th St. S.W. Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 Joan & Michael Mastro Resident 7215 -21 3th Pl S.W. #104 Resident 7215-213th Pl. S.W. #205 510 Rainier Ave. S. . Edmonds, WA 98020 Edmonds, WA 98020 Seattle, WA 98144 James M. Tandoo P.O. Box 3286 Resident 7215-213th Pl. S.W. #105 Resident 7215-213th Pl. S.W. #206 Lynnwood, WA 98036 Edmonds, WA 98020 Edmonds, WA 98020 Resident/Owner Resident Resident 7215-213th Pl. S.W. #207 7238-212th St. S.W. 7215-213th Pl. S.W. #106 Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 Resident Resident Alpha Dunkin 7215-213th Pl. S.W. #107 7215-213th,Pl. S.W. #208 c/o Daphne Wiggin Edmonds, WA 98020 Edmonds, WA 98020 3536 N.E. 94th Street Seattle, WA 98115 James Adix/Res. Resident 7215-213th Pl. S.W. #108 Resident 7215-213th Pl. S.W. #301 7209-212th St. S.W. Edmonds, WA. 98020 Edmonds, WA 98020 Edmonds, WA 98020 Resident Resident Resident 7215-21 3th PI . S.W. #302 7219-213th PI . S.W. #104 7219-21 3th PI S.W. Edmonds, WA 98020 #301 Edmonds, WA 98020 Edmonds, WA 98020 Resident 7215-21 3th PI . S A #303 Resident 7219-213th Pl S.W. #105 Resident 7219-21 3th PI S A #302 Edmonds , WA 98020 Edmonds, WA 98020 . Edmonds, WA 98020 Resident 7215-21 3th Pl . S A #304 Resident 7219-21 3th Pl . S.W. #106. Resident 7219-213th Pl. S.W. #303 Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 Resident 7215-213th Pl. S.W. #305 Resident 7219 21 3th PI . S.W. #201 Resident 7219-213th Pl. S.W. #304 Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 Resident 7215-21 3th Pl S.W. #306 Resident 7219-213th Pl . S.W. #202 Resident 7219-21 3th Pl S A . #305 . Edmonds,, WA 98020 Edmonds, WA 98020 . Edmonds, WA 98020 Resident 7215 -21 3th PI . S.W. #307 Resident 7219-21 3th Pl . S.W. #203 Resident 7219-21 3th PI S.W. #306 Edmonds, WA 98020 Edmonds, WA 98020 . Edmonds, WA 98020 Resident Resident 7215-213th Pl. S.W. #308 7219-213th Pl. S.W. #204 Edmonds, WA 98020 Edmonds, WA 98020 Resident 7219-213th Pl. S.W. #101 Resident 7219-213th Pl. S.W. #21 05 Edmonds, WA 98020 Edmonds, WA 98020 Resident Resident 7215-213th Pl. S.W. #102 7219-213th Pl. S.W. #206 Edmonds, WA 98020 Edmonds, WA 98020 Resident 7219-21 3th PI S.W. #103 Edmonds, WA 98020 7 7 City of Edmonds Gary McComas:.-. Fire M INTER -OFFICE CORRESPONDENC Bobby Mills P.W. Dan Smith/.Jerry Hauth Eng. Duane Bowman 7/16/87 TO FROM DATE SUBJECT ri C, "IV E C) V-23-87 VARrANCE FROM CODE REQUIRED 15' OF LANDSCAPING ALONG 212TH ' STREET S.W.- FOR PROPERTY AT JUL 211987 21200-72ND AVE. W. (CG) PLANNING DEPT, HEARING DATE: AUGUST 6, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN JULY 27, 19.87. THANKS. b Lo �1_tc_06 CLL L "I k G E D JUL 17 1987 EDMONDS FIRE DEPT. j FZECC- V1 17- D JUL 16 1987 ENGINEERING City of Edmonds Gary I McComa . s Fi re M. :1 :NT:E�R �-O F �Fl C �EC �OR R �ES P �ON �DE N �CE Bobby Mills -'P.W. Pan �Smith/,-q.�rry,,�.H.Auth Duane Bowman 7/16/87 FROM DATE To SUBJECT V-23-87 VARIANCE FROM CODE REQUIRED 151 ' OF LANDSCAPING ALONG 212TKSTREET S.W.- FOR PROPERTY AT 21200-72ND AVE. W. (-.CG) HEARING DATE: AUGUST 6, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN JULY 275, 19.87. CITY OF EDMONDS NOTICE OF PUBLIC HEARING THE-t-L FILE NO PROPERTY ADDRESS AND LOCATION ZONE DISTRICT &Z -WILL HOLD A PUBLIC HEARING 19 ON THE FOLLOWING APPLICATION: THE HEARING WILL BEGIN AT 7 e#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 AFTERAWL205T 64-fflr7 -71-2 :3/R7 p rv\- STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) Duane Bowman and says: FILE NO. V-23-87 APPLICANT Vince Responte AFFIDAVIT OF POSTER being first duly sworn, on oath, deposes 23rd July 87 That on the day of 19 , 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. A Signe Subscribed and sworn to before me this day of Notary Public in and for the Stat6 'of Washington. Residing at ]My -COMMISSION EXPIRES 6-16'89'' a AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Susan Painter FILE NO. V-23-87 APPLICANT Vince Responte .being first duly sworn, on oath deposes� and says: That on the 23rd day of July 19 87 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 day of 19 Notary Public in and for.,*h' State of Washington. Residing at MY, COMMISSION EXPIRES, 6-16-89. I EXHIBIT I - STAFF REPORT EXHIBIT 2 - APPLICATIONIDECLARATIONS EXHIBIT 3 - VICINITY MAP I EXHIBIT 4 - LANDSCAPE PLAN EXHIBIT I STAFF REPORT TO THE HEARING EXAMINER FILE: V-23-87 HEARING DATE: August 6, 1987 REQUESTED ACTION: Variance to planter boxes to replace the required 15' street landscaping at 21200 72nd Ave. W., Edmonds. APPLICANT/OWNER: Vince Responte 840 171st Pl. N.E. Bellevue, WA 98008 III. LEGAL DESCRIPTION: See Exhibit 2 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surrounding Area The subject property is located on the southwest corner of the intersection of 212th St. S.W. and 72nd Ave. W. The property is developed with a professional office building. The property owner removed the approved landscaping because of frequent destruction of the sprinkler system by people walking through the area. Further, the trees that were planted in the subject area obscured the view of the owneris new business sign. The owner filled the area where the landscaping was removed with rocks. In May of this year, the City notified the owner that he was in violation of Section 17.80 of the Edmonds Community Development Code. The Applicant is seeking a variance to allow planter boxes to replace the landscaping in an 108' section of the street frontage along 212th St. S.W. The proposal calls for three 6' x 15' planters. Each planter with have a mixture of junipers, azaleas, and Japanese maple trees. Surrounding development is a mixture of multifamily and commercial development. B Official Street Map Proposed R/W Existing R/W 601 East 72nd Ave. W. 60' Staff Report Page 2 V-23-87 South - 212th St. S.W. 60' 60' C. Conformance to Chapter 20.85.010 1. Special Circumstances No special circumstances appear to exist in this particular case. While it is regrettable that the property owner has had problems with people destroying his landscaping, removing all the landscaping was not necessary. 2. Special Privilege The proposed variance does appear to represent a grant of special privilege. Other measures could be taken to alleviate the problems of people walking through the landscaping. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property as Commercial/Business, as are the adjacent properties. The proposed variance does appear to conflict with the purposes of the Comprehensive Plan. Section 15.15.030 (d) of the ECDC states the landscaping should be used as a visual screen in and around parking lots. 4. Zoning Ordinance The subject property, as well as the surrounding properties to the south, north and west, is zoned CG2. To the east, the adjacent property is designated as CG in Snohomish County. The proposed variance does appear to conflict with the purposes of the zoning ordinance and the CG2 zone district. 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 minimum variance request. V. STAFF RECOMMENDATION: �,! Ak"'. I Staff Report V-23-87 Page 3 Staff cannot recommend approval of V-23-87. Other measures could have been taken to resolve the property owner's problems. They include: fencing; a pathway; a hedge; or a combination of any of these items. a F. I 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-23-87 VINCE RESPONTE Variance to replace required 15' street landscaping with planter boxes at 21200 72nd Ave. W., Edmonds c E7 i0b 4 16 NAME ADDRESS (Include city and zip code) 0 -71 IT �61 rN E, e06 0),/ r7Z 3 C� S-0 EOM 0.0 i(�� CITY OF EDMONDS C6) 4�ZbRY S. NAUGHTEN 250 5th AVE. N. - EDMONDS, WASHINGTON 98020 * (206) 771-3202 119C9;" MAYOR HEARING EXAMINER FINDINGS AND DECISION OF' THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE* APPLICATION FILE: V-23-87 OF VINCE RESPONTE FOR APPROVAL 01? A VARTANC,'-*,'. DECISION: T h e, requested variance from the street landscaping standards at 21200 72nd At)*enue W, Edmonds, Washinqton, is denied. INTRODUCTION Vince Responte, 840 - 171st Place NE, Bellevue, Washington 98008 (hereinafter referred -to as Applicant), has requested approval of. a. variance to reduce the required 151 1 street 'd landscaping. standards a 21.200 - 72nd Ave-nup W, Edmonds, Washington. The Applicant' seeks to acquire a- variance in order- to allow planter boxes to replace the required 15' street landscaping on the property. A hearing on t1he request was held before the Hearing Exam- iner of the City of Edmonds or, August 6, 1987. At the hearing the foilowing presented testimony and evi- dence: Duane Bowman. Planning DE!p't. (I 4.ty J im 111andoo 72'38 - '2111).th sl�,,,I, Edmonds, WA 98020 Vince Respon-t-e 840 - 171st P1. NE M a r -k..- D a v i S 7238 -- 212th SW Edmonds., WA 98020* At the hearing 41-1)e ff(-, 1.1 �L jig o_xl-iibits were sub.f.T14 .-tted and. 1 1 C admitted as part, of thz7-1 0ffiCia' of this proceeding: Exhibit. 1. czuif A 1..� pl j. c 11 t i o n /I �c) e o.la r a t i o n.s 3 - vicii-nitiy Map 4 - Lan'dis-cape Fll�)_," a HEARING EXAMINER RE: V-23-87 Page 2 FINDINGS OF FACT The Applicant has requested approval of a variance to reduce the required 15' street landscaping requirement at 21200 - 72nd Avenue W, Edmonds, Washington. The property is located on th6 southwest corner of the intersection of 212th Street SW and 72nd Avenue W and is developed with a professional office building. 2. The subject property is zoned general commercial (CG2). The Edmonds Community Development Code (ECDC) 16.60.020A requ * ire.s CG2 property to have minimunt street'setbacks of 15'and it must be landscaped. The Applicant seeks a variance from this standard. (ECDC, Responte testimony) 3. The property is developed with a professional office building that is well maintained. During the past sever'al years the landscaping of the property fronting 212th St. SW and 72nd Avenue W has been the subject of destruction. The sprinkler systems have been ruined by people walking through the area, and the trees that were planted on the landscaped area have been damaged by pedestrians. In order to solve this problem -the Applicant removed the sprinkler system and the trees and filled the -area with 1" by 1 1/2" gravel. (Bowman testimony) 4. The Applicant is seeking a variance to allow the gravel to remain and to allow a planter box to be located in the landscaped. area. The Applicant originally submitted a prop6sal to the Architectural Design Board (ADB) for placement of three planter boxes with di- mensions of 4' by 12'. The ADB rejected this request and instructed the -Applicant to increase the size of the planter box to 61 by 15'. Upon review of the increased size -of the planter boxes the ADB rejected the proposal for this type of landscaping by the Applicant. Thus, the request of the Applicant for a variance to allow planter boxes to replace the required,15' street landscaping i * s moot. However, the request for a variance from the landscaping standards of ECDC 16.60.020A is a request in which a decision can be made. (Bowman testimony, Responte testimony) 5. In order for a variance to be granted within the City of Edmonds, the criteria as set forth in ECDC 20.'85.01.0 must exist. Those criteria include-: HEARING EXAMINER RE: V-23-87 Page 3 A. Because of the special circumstances relating to the property, 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 approval of the variance would not be a grant of special priviliage 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 W'hich the property is located. 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 pro- perties in the vicinity with the same zoning. (ECDC) 6. The Planning Department submitted that no special circumstances*exist and that the Applicant should -be require . d to adhere to the landscaping standards of the code. (BowmCan testimony) 7. The Applicant submitted that the development of the nearby apartment building in -the area, and the recent opening of a video rental store on a corner lot across the street from the landscaped portion of the property, have made it impossible to control and maintain the landscaping of the site. 8. The Planning Department submitted that the grant of a variance would be the grant of a special privilege to the Applicant. According to the Planning Department, there are solutions to the destruction of the land- scaping by pedestrians. (Bowman testimony) HEARING EXAMINER RE: V-23-87 Page 4 9. The Applicant submitted that he had spent approximately $1,000 replacing the old landscaping and putting in gravel. To remove the gravel would be a loss of this investment. (Responte testimony) 10.' The comprehensive policy map of the City of Edmonds designates the subject property as commercial business. The Planning Department submitted that ECDC 15.15.030 (D) requires landscaping be used as a visual screen in and around parking lots. According to the Planning De- partment, removal of the landscaping would not adequately screen the parking lot adjacent to it. (Bowman testimony) 11. The Planning Department recommended denial of the variance. They submitted: a) Other measures could have been taken to resolve the property ownerls problems. They include: fencing, a pathway, a hedge, or a combination of any of these items. (Staff Report) 12. A witness, Jim Tandoo, submitted to be the property owner west of the subject property. His property is developed with a single family residence, although it is zoned general commercial. The witness submitted that the variance should not be granted because the landscaping is a benefit to the site. (Tandoo tes- timony) 13. A witness, Mary Davis, submitted that the gravel -that is on site will be used by children for throwing rocks. She recommended removal of the gravel. (Davis testimony) CONCLUSION 1. This application 'is for the approval of a variance to eliminate the required 15' street landscaping require ment at 21200 - 72nd Avenue W, Edmonds, Washington. 2. Although the Applicant's original request to the ADB for a planter box to replace the required 15' land- scaping was denied, the request for the elimination of the landscaping is active. The specific land . scaping request before the ADB is MOOt. HEARING EXAMINER RE: V-23-87 Page 5 3. In order for a variance to be granted within the City of Edmonds the criteria of ECDC 20.85.010 must be satisfied. The Applicant has failed to satisfy these criteria. 4. Special circumstances do not appear to exist in this The landscaping was removed because of pedes- case. trian traffic through it. This is not a special circumstance as defined in ECDC 20.85.010, and is thus not grounds for a variance. would be the grant of a 5. The granting of the variance t would defeat the purpose of the special privilege. I CDC 16.60.02(A) and would landscaping requirements of E be detrimental to -other property owners in the area. 6. The granting of the variance would conflict with the purposes of the comprehensive plan. In particular it would conflict with ECDC 15.15.030(D) which requires that landscaping is to be used as visual screens around parking lots. Because of the parking lot adjacent to the landscaping, this screening would not exist. 7. The requested variance does not appear to be in con- flict with the putposes of general commercial zones.as set forth in ECDC 16'.60.005. -These purposes specifi- cally listed in A through D of this section, do not address landscaping. 8. The requested variance would create an impact to the public because 21.2th and 72nd Avenue W are arterial streets and landscaping is required to create aesthetic relief on these thoroughfares. Removal of som I e land- scaping will impact the public. 9. Other possibilities for resolving the Applicant's problem exist. DECISION Based -on t I he p . receding Finding of Facts and Conclusions, and the public testimony and exhibits presented at the public hearing, it is hereby ordered that the requested variance for relief from the requirements of ECDC 16.60.020 for a street setback -area -to be fully landscaped at property located at 21200 72nd Avenue W, Edmonds, Washington, is denied. r HEARING EXAMINER RE: V-23-87 Page 6 rnMMENTS The Applicant has presented a difficult problem. As noted in the Findings, his property is well -maintained and is in good repair. His property had been landscaped properly, and had met the standards as set forth in the ECDC. However, with the 'development of an apartment building and the opening of a video rental store in the area, the Applicant's property became a convenient pathway for the residents and customers of these concerns. The landscaping that existed on site was destroyed and the sprinkling system to maintain the landscaping was ruined. In order to alleviate these problems, the Applicant placed the 1" by 1 1/211 gravel in the landscaping strip. The end result, was that there was no landscaping, contrary to the standards of the City of Edmonds. To grant a variance from the landscaping standards will not solve the problem. To do so would give a signal to the City that if landscaping can not be maintained then no land- scaping should be required. This policy would not be in the best interests of the City. A more thoughtful and constructive approach to this problem would be cooperation of the Applicant, the apartment owner- ship and the video rental owners. The Applicant is en- couraged to talk to these individuals about the possibility of relandscaping the strip in a manner that will not be subject to further abuse. Through the use of hedges, fences, shrubs, 1 ' ow lying bushes and other means, the property can be landscaped and protected. Although the Hearing Examiner and the City have no authority to require the participation of the apartment or the video store, equity would appear to exist for their participation. *1 Entered this th day of August, 1987, pursuant to the . 1#1 authority granted the Hearing Examiner under Chapter 20-100 of the Community Development Code of the City of Edmonds. J JAMES M. DRISCOLL S IS H r x earinM Examiner HEARING EXAMINER RE: V-23-87 Page 7 NOTICE OF RIGHT TO APPEAL Written appeals alleging specific error of fact or other grounds for appeal may be filed with the Planning Depart.- ment, 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 Au-g�L��, 1987. 'kk