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21529 90TH AVE W.pdfAW 4 It I FI1( V- (e!�' DATE CITY OF EDMONDS- EXHIBIT: 2: FEE HEARING EXAMINER RECT APPLICATION FOR VARIANCE APO'S HEARING DATE: APPLICANT ADDRESS2A62-4- CITY & ZIP PHONE INDICATE TYPE OR DEGREE OF INTEREST 114 PROPERTY LOCATION OR ADDRESS OF PROPERTY '�?- !'52--J LEGAL DESCRIPTION OF PROPERTY_'T�OS-�-�.�Oc.)!�, CD C> c) L,ns--% \ c) VARIANCE REQUESTED: :2!5 L /k-) '-7--& A FOR OFFICE USE ONLY: USE ZONE:eel-)- q ZONING ORDINANCE REQUIREMENT: -. �--'5 (Z' Release/Hold Harmless AEreement 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 da�ages and/or claims for damages, including reasonable attornevs' fees, arising from any action or inaction is based in whole or in part upon false, misleading or incomplete information furnished by the applicant, his agents or employees. Permission to Enter SubjectProperty 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 at t to this application. z- LOA -SJ�-,atu)re of Appl-i-&ant, Owner or Rep�--e-%-dntative 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? A Y" /J�r/j fop 2. How does your property differ from other property in the same vicinity? 714 s-/i/�`-roA".L.Y A :50YML LA-U-:7rL- 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? /'0 X s �ie L�,�A�- V, 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? �,,cZftj IM LL MA /A-�' x 41 1�blb 'Zz'3' �1-1' 5. n you'im--�Oe r-e`a`s%6na'ble use o your property W"4ithout the variance? e APPC J7 A-0 A ukxt 4, A 2--Acs- \"t" cu -'z �)oLL lj'A-L� 4ZA L 4, P LI onom YVZ41 wot --)-ej� C> ut 7 N --='j r I Ilk oz -S rl L 14 i 14 tj t . \1 010 a- .00 v7q �07 4f 411 ,p;/ :- /V Zia --7 via :we s — — - -------------- 4�h' L hw 6 6' -r4 L 1_7 if -71 �Al Vl '19A -T vy 14' 7,e a.riv_,Xf a:r z ip"T. V VjA 4 cr 4X.'7.r ry.rraaefl I .9 ilglHX3 i C7 r > I I p I I DIN q 1 -1 V-6-86 FILE NO. APPLICANT John Bauer t AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Susan Painter being first duly sworn, on oath deposeg and says: That on the 24th dav 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 0--r- PCL4111 Subscribed and sworn to before me this dav 19 0 Notary Public in and for the State of Washington. Residing at My COMMISSION EXPIgEs 6-16A1 -2� I -s STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) Duane Bowman FILE NO. V-6-86 APPLICANT John Bauer - Cascade 6011s t. AFFIDAVIT OF POSTER 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 �e7� 19- ge - I Notary Public in and for the State of Washington. Residing at My COMMISSION EXPIRES 6-16-89. CITY OF EDMONDS NOTICE OF PUBLIC HEARING THE HEARING EXAMINER WILL HOLD A PUBLIC HEARING THURSDAY, APRIL 3RD _19 86 ON THE FOLLOWING APPLICATION: FILE NO. V 6 8 6 VARIANCE TO ALLOW IMPROVEMENTS IN EXCESS OF 25% OF THE ASSESSED VALUAT-ION OF A NONCONFORMING STRUCTUREj TO PERMIT AN ADDITION TO RESIDENCE, PROPERTY ADDRESS AND LOCATION 215Q9 90TH AVENUE WEST ZONE DISTRICT RS 8 7-30 LM., IN THE PLAZA MEETING ROOM, LIBRARY THE HEARING WILL BEGIN AT 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 I AVENUE NORTH, EDMONDS (PHONE 771-3202, EXTENSION 252). THE REMOVAL, MUTILATION, DESTRUCTION, OR CONCEALMENT OF THIS NOTICE BEFORE THE DATE WARNINEG! OF THE HEARING IS A MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTER Ap 9�nkcf 't tylau'cd -312A(11%' 1. 1 . V- Frank Gazewood 21529 - 90th Ave. W. Edmonds, WA 98020 John Bauer Cascade Construction 4801 Aurora Ave. N. Seat . tle, WA 98122 Resident - or Logan Long 2 1518 90th Ave. W. Edmonds, WA 98020 Resident or R.J. Ruwe 21519 - 90th Ave. W. Edmonds, WA 98020 Resident or L.D. Labarge 21522 - 90th Ave. W. Edmonds, WA 98020 Resident or Steven Gant 21523 - 90th Ave. W. Edmonds, WA 98020 . Resident or W.G. Booth 21528 - 90th Ave. W. Edmonds, WA 98020 Resident 8915 - 216th St. S.W. Edmonds, WA 98020 Resident 8916 - 216th St. Si-W. Edmonds, WA 98020 Resident or Ralph Naff 8924 - 216th St. S.W. Edmonds, WA 98020 Resident 8932 - 216th St. S.W. Edmonds, WA 98020 Resident or M. Dorfmeister 9002 - 216th St. S.W. Edmonds, WA 98020 Resident 9016 - 216th St. S.W. Edmonds, WA 98020 Mr. Stokes 21520 - 89th Ave. W. Edmonds, WA 98020 Continental, Inc. Dennis Finney #34133 8th Fl. Pacific Bldg. Seattle, WA 98104 Continental, Inc. Maureen Anthony #41637 8th Fl . Pacific Bldg. Seattle, WA 98104 Continental, Inc. - Robin Michel #048808 8th F1 . Pacific Bldg. Seattle, WA 98104 Security Pacific Mtg Corp. W.G. Booth #1375609 2460 W. 26th Ave. Denver, CO 80211 First Interstate Bk- Mtg Steven Gant #311036 P.O. Box 21506 Seattle, WA 98111 Savings Bank of Puget Sound Logan Long #200-42163-2 815 Second Ave. Seattle, WA 98104 Lomas & Nettleton Co. Ralph Naff #02-46-36568 P.O. Box 660722 Dallas, TX 75266 Resident Cascade Savinqs & Loan 8909,- 21*6th St. S.W. Mr. Finney Richard Smoot--,-',52011349 Edmonds, WA 98020 21527 - 89th Ave. W. 2828 Col,by Edmonds, WA 98020 Everett, WA 98201 Resident or Abe Castillo Savings Bank of Puget Sound Lomas & Nettleton Co. Abe Castillo '77-46-41993 8910 - 216th St. S.W. John Stokes #213-33579-5 P.O. Box 660722 Edmonds, WA 98020 815 Second Ave. Seattle, WA 98104 Dallas, TX 75266 V'- U-A E 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 S OFFICE. IF A BANK IS LISTED AS OWNERj PLEASE INCLUDE LOAN'NUMBER NEXT TO INDIVIDUAL I S NAME.) Lots within 80, Lot 8 Labarge, R. D., 21522 — 90th Avenue West Edmonds Lj Lot 9 Security Pacific Mortgage Corporation Booth, W. G. 2460 — West 26 Avenue, Denver, Colorado Lot 11 First Interstate Bank Mortgage Grant, Steven D. P. 0. Box 21506 — Seattle, Washington Lot 12 Peoples Mortgage a 1519 Ruwe, R. J. 2411 Fourth Avenue, Box 1788 Seattle Lot 11 Savings Bank of Puget Sound qw5tb Long, Logan L. 815 — Second Avenue, Seattle Lot 12 Dorfmeister, Mildred L. 9002 — 216 S.W., Edmonds CLOO d- - a Block 5 Lot 3 Peoples Mortgage Company Williams, Jerald J. -- 2411 — Fourth Avenue, Box 1788, Seattle Lot 6 Lomas and Nettleton Company Suryan, John B. P. 0. Box 660722, Dallas, Texas Lot 1 Lomas and Nettleton Company Sq(,a Lk 9L L�� 5-r 5 Naff, Ralph E. P. 0. Box 660722, Dallas, Texas Lot 2 Cascade Savings and Loan Smoot, Richard L. 2828 Colby, Everett Lot 3 Lomas and Nettleton 80ko - Castillo, Abie P. 0. Box 660722, Dallas, Texas Lot 4 Savings Bank of Puget Sound Stokes, John F. 815 — Second Avenue., Seattle. Lot 5 Centennial Inc. Finney, Dennis H. — 8th Floor, Pacific Building, Seattle 1; A-io W.) 0� a G> C� /L U t e7L e-4 �7 AV Av C..> 3 q 5ey �8 rl Um I .0. 'i VIZ. V/&� G Z,�r�(', 2�,A, Of Li 7g>j ,4, i & -,ze, 2. 12, rV%AL L j V\i%v LLtft4vks,.� �OD2, S�L�� eLli�� %,, V L (z3(D 00 3 LC- '7X 5�j A�A:q, cf At`S/ R E C E I V E D MAR 17' 1986 EDNIONDS FIRE DEFT, INTER -OFFICE CORRESPONDENCE Bobby Mills Public Works To' Date March 17, 1986 Jerry Hauth/Dan Smith - Engineering Subject V-6-86 VARIANCE TO EXCEED 25'% LIMITATION ON IMPROVEMENTS TO NONCONFORMING BUILDING FOR A 31% OF VALUE ROOM ADDI-TION AT 21529-90TH AVE. W. (RS-8) HEARING DATE: APRIL 3, 1986 PLEASE RESPOND WITH YOUR COMMENTS NO'LATER THAN MARCH*25,'1986. THANKS. L; DUANEBOWMAN - PLANNING DIV. VERBAL ORDERS DON'T GO . . . . . . . . . . . . . . . . Ll INTER -OFFICE CORRESPONDENCE Bobby Mi.11s,- Public Works Fire Marshal Date March 17, 1986 T o --La�m c �Co T ��s Jerry Hauth/Dan Smith Engineering Subject V -6-86 VARIANCE TO EXCEED 25Z LIMITATION ON IMPROVEMENTS TO NONCONFORMING BUILDING FOR A 31% OF VALUE ROOM ADDITION AT 21529-90TH AVE. W. (RS-8) HEARING DATE: APRIL 3, 1986 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN MARCH 25,1986. THANKS. F -C;El, t: V f —5 PUBLIC WOBS15 DUANE BOWMAN PLANNING DIV. By VERBAL ORDERS DON'T GO TIN, CITY OF EDMONDS P Ll BL I C W 0 R K S DEPARTMENT TO: LU SUSPENSE DATE: Lu 0 Investigate SUPERINTENDENT and Report OFFICE ADMINISTRATOR Take Appropriate Action BUILDINGS & GROUNDS DIV. SUPERVISOR Prepare EQUIPMENT RENTAL DIV. SUPERVISOR letter/memo �3 1 signature — STREET DIVISION SUPERVISOR Px o Information r WATER/SEWER DIVISION SUPERVISOR Previously Ref'd Status of Action? TREATMENT PLANT DIV. SUPERVISOR urn to: 5ECRETARY Rat WORK ORDER COORDINATOR COMMENTS: 0' DATE% FROMS 4 REC,c,V�ED MAR I ? 1986 INTER -OFFICE CORRESPONDENCE ENGINEERINO Bobby Mills Public Works To Gary McComas - Fire Marshal D.te March 17., 1986 Jerry Hauth/Dan Smith - Engineering Subject V-6-86 VARIANCE TO EXCEED 25% LIMITATION ON IMPROVEMENTS TO NONCONFORMING BUILDING FOR A 31% OF VALUE ROOM ADDI-TION AT 21529-90TH AVE. W. (RS-8) HEARING DATE: APRIL 3, 1986 PLEASE RESPOND WITH YOUR COMMENTS NO'LATER THAN MARCH'25,'1986. THANKS. DUANE BOWMAN - PLANNING DIV. Dy VERBAL ORDERS DON'T GO TOPS � �v FORM 1232 LITHO IN U. S, , EXHIBIT LIST V-6-86 EXHIBIT 1 - STAFF REPORT EXHIBIT 2 - APPLICATIOWDECLARATIONS EXHIBIT 3 - BUILDING PLANS EXHIBIT 4 - VICINITY MAP EXHIBIT I STAFF REPORT TO THE HEARING EXAMINER FILE: V-6-86 HEARING DATE: April 3, 1986 I. REQUESTED ACTION: Variance allow improvements to a nonconforming structure to exceed the 25% limitation of improvements for an addition to the residence at 21529 90th Ave. W., Edmonds. II. APPLICANT/OWNER: Frank Gazewood Rep. - John Bauer 21529 90th Ave. W. Cascade Construction Co. Edmonds, WA 98020 4801 Aurora Ave. N. Seattle, WA 98122 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 11,600 sq. ft. lot located on the northeast corner of 216th St. S.W. and 90th Ave. W. The existing residence was built in 1955 and was a legal residence at that time. Subsequently, in 1956, the neighborhood was annexed into the City and the zoning regulations changed over the years making the home a nonconforming structure as to its street and side setbacks. There is a small existing older single family residence located on the property. Surrounding development is entirely single family residential. B. Official StretL Mak West - 90th Ave. W. South - 216th St. S.W. Proposed K/W 60' 501 t X !.� L I r 1 Y R/ VV 60' 501 , t 1h, ',4., -:,';St'6ff Report Page 2 8& C Conformance to Chapter 20.85-010 1. Special Circumstances Special circumstances appear to exist in this particular case. The house when it was built was a conforming structure. The need for the variance is necessitated through the change in zoning regulations. 2. Special Privilege The proposed variance does not appear to represent a grant of special privilege. The addition will conform with current zoning regulations. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property as Low Density Residential, as are all the adjoining properties. The proposed variance does not appear to conflict with the purposes of the Comprehensive Plan. 4. Zoning Ordinance The subject property, as well as the surrounding area, is zoned RS-8. The proposed variance does not appear to conflict -with the purposes of the zoning ordinance or the RS-8 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 appear to represent a minimum variance request. V. STAFF RECOMMENDATION: Staff recommends that V-6-86 be approved as it conforms to the requirements of Chapter 20.85.010 of the Community Development Code. q 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-6-86 FRANK GAZEWOOD Variance to allow improvements to a nonconforming structure to exceed the 25% limitation to allow an addition to the resi'dence at 21529 90th Ave. W. NAME ADDRESS 0-le) eft sulou-, R EC E I V E D_ FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS Q-1-Ty Of 9DMQNDA IN THE MATTER OF THE APPLICATION FILE: V-6-86 OF FRANK GAZEWOOD FOR APPROVAL OF A VARIANCE - DECISION: The variance is granted subject to the conditions listed. INTRODUCTION Frank Gazewood, 21529 - 90th Avenue West, Edmonds, Washington, 98020, and hereinafter referred to as Applicant, has requested approval of a variance to allow improvements to a nonconforming structure to exceed the 25 percent limitation. The specific request is to allow an addition to the residence at 21529 - 90th Avenue West, Edmonds, Washington, and more particularly described as: Rosewood Block 000 D-00, Lot 10, Snohomish County, Washington. 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 John A. Bauer Planning Dept. 4801 Aurora Ave. No. City of Edmonds Seattle, WA 98122 Edmonds, WA 98020 At the hearing the following exhibits were submitted and admitted as part of the official record of these proceedings: Exhibit 1 - Staff Report it 2 - Application/Declarations to 3 - Building Plans If 4 - Vicinity Map 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 allow improvements to a nonconforming structure to exceed the 25 percent limitation of improvements for a family -room addition to the residence located at 21529 - 90th Avenue West, Edmonds, Washington. The subject property is more particularly described as set forth above. (Staff report.) 3 Findings and Decision of the Hearing Examiner( the City Of Edmonds Re: V-6-86 Page 2 2. The subject property is an 11,600 square foot lot located on the northeast corner of 216th Street S.W. and 90th Avenue West, in the City of Edmonds. There is a residence located on the lot. The residence was constructed in 1955 and at the time of construction was a legal, conforming structure. In 1956 the property was annexed into the City of Edmonds. Due to the zoning regulation changes the residence on site has become a nonconforming structure as to street and side - setbacks. (Staff report.) 3. It is the intent of the Applicant to improve the residence by the addition of a family room. The proposed improvement would be on the eastern portion of the existing residence and would be a 300 square foot family room. (Staff report and Exhibit 3.) 4. Section 17.40.020 of the Edmonds Community Development Code (ECDC) sets forth the regulations for nonconforming buildings. Section 17.40.020(B) of the ECDC sets forth the restrictions in the maintenance and alterations of nonconforming buildings. Included in this subsection is part 4. which states that the cost in any one-year period of maintenance and alterations allowed by this section may not be more than 25 percent of the fair market value of the nonconforming building. It is from this section of the ECDC that the Applicant seeks a variance. (Staff report and ECDC.) 5. The most recent assessed valuation of the residence on the subject property was $37,700.00. It is the intent of the Applicant to improve the value of the structure by 31 per- cent, or approximately $10,000-00- In order to do so the Applicant must obtain a variance. (Bowman testimony.) 6. 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, Findings and Decis.Lon of the Hearing Examiner of the City of Edmonds Re: V-6-86 Page 3 F. 'The variance must be'the minimum necessary to allow the same rights enjoyed by other properties in the same zone. (ECDC.) 7. At the time the structure was built it was a conforming struc- ture. Because of the annexation of the subject property and the zoning changes over the years a variance is now required to improve the property beyond the 25 percent limitation. These are special circumstance necessitating the granting of a variance. (Bowman testimony.) 8. A variance will not represent the grant of a special privi- lege. The proposed addition will satisfy all other zoning standards of the City of Edmonds. (Staff report.) 9. The Comprehensive Policy Plan Map designates the subject pro- perty as Low Density Residential. The requested variance does not conflict with the purposes of the Comprehensive Plan. (Staff report.) 10. The subject property is zoned RS-8. The surrounding pro perties are also zoned RS-8. (Staff report.) 11. The requested variance will not pose any significant impact to the public, or to nearby private properties or improvements. (Staff report.) 12. The requested variance is the minimum necessary for the Ap- plicant to properly develop the property. (Staff report.) 13. The Planning Department of the City of Edmonds recommended approval of the variance. (Bowman testimony.) 14. No adverse testimony was received in this matter. CONCLUSIONS 1. The application is for the approval of a variance to allow improvements to a nonconforming structure to exceed the 25 percent limitation of improvements for an addition to a residence located at 21529 - 90th Avenue West, Edmonds, Washington. 2. Because the Applicant proposes to provide alterations to the existing nonconforming structure on site and because these alterations exceed 25 percent of the fair market value of the nonconforming building, a variance from Section 17. 40.020(D)(4) of the ECDC is required. 3. In order for a variance to be granted within the City of Edmonds the criteria as set forth in Section 20.85-010 V. 11 a Findings and Decis --on of the Hearing Examiner of the City of Edmonds Re: V-6-86 Page 4 of the ECDC must be satisfied. The application satisfies these criteria. 4. Special circumstances exist for the granting of a variance. Because the structure was originally conforming and because annexation and zoning changes have rendered it nonconforming the Applicant must now seek a variance. 5. The granting of a variance will not be the grant of a special privilege to the Applicant. 6. The granting of a variance does not conflict with the purposes of the Comprehensive Plan of the City of Edmonds, or the Low Density Residential designation of the subject property. 7. The property is zoned RS-8 and the requested variance conforms to the zoning code of the City of Edmonds and particularly the RS-8 zoning designation. 8. The requested variance will not pose any significant impact to the public, nor to nearby private properties or improve- ments. 9. The requested variance appears to represent the minimum variance request. 10. The Planning Department of the City of Edmonds has recommended approval of the variance. DECISION Based upon the preceding Findings of Fact and Conclusions; the testimony and evidence submitted at the public hearing; and, upon the impressions of the Hearing Examiner it is hereby ordered that the requested variance be granted. The specific request is to allow improvements to a nonconforming structure located at 21529 - 90th Avenue West, Edmonds, Washington, to exceed the 25 percent limitations of.improvements for an addition to the residence and is granted subject to the following condition:: 1. The Applicant is to obtain all necessary permits prior to construction. Entered this l4thday 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. aring Examiner Findings and Decis-,on of the Hearing Examiner of the City of Edmonds Re: V-6-86 Page 5 NOT -ICE OF RIGHT TO APPEAL Written appeals alle I ging specific error of fact or,other grounds for appeal may be filed with the Planning Departmentr 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 EXHIBIT 2 V- 2,-'� -1 DATE CITY OF EDMONDS FEE HEARING EXAMINER RECT APPLICATION FOR VARIANCE APO'S HEARING DATE: APPLICANT City of Fdmonds Cemeter,y Board ADDRESS - CITY & ZIP Edmonds 98020 PHONE 775-2525, ext. 270 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY LOCATION OR ADDRESS OF PROPERTY 100th St. W. and 15th Ave. S.W., Edmonds, WA LEGAL DESCRIPTION OF PROPERTY VARIANCE REQUESTED: Sign size 10.3 sq. ft. Height 5 ft. FOR OFFICE USE ONLY: USE ZONE: A'�- W ZONING ORDINANCE REQUIREMENT: /0 . 'vt - -,5 / 4. sr ".1 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 C) or inaction is based in whole or in part 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 Dublic officials and the staff of the City of Edmonds to enter the subject pro-perty for the purpose of inspection and posting attendant to this application. --i'anature of Applicant, Owner or S C, Representative 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? The cemetery property lays significently below the adjacent street. This sign has been designed in size, height, and location to inform the dri - ving public of the existence and ownership of the cemetery. 2. How does your property differ from other property in the same vicinity? -Countour of hillside slope. Al so this is a public service being offered and maintained. 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? Yes. Lack of iden.tification has and will create an economic hardship to the continued operation of this publ-ic facility. This problem was not -created by the city. 5. Can you make reasonable use of your property without the variance? No - t reasonable economic use. 0 SEC 25 TWP 27 RGE 03 BAAP 30FT W OF SE COR SWI/4 TH RUN N 295 FT TH W 623FT TH S 295FT TH E 628FT TO POB AKA PLAT OF I.O.O.F- CEMETERY OF EDMONDS TGW FDT-BEG NE CDR PRESENT T.O.O.F. CEMETLERY aic-ING A PT 295FT N 30FT W OF SE CDR Swi/4 TH N 295FT TH W 623FT TH S 295FT TH E 628FT TO P06 AKA PLAT OF THE AiNNEX TO THE I.O.O.F. CE ' 'IETERY OF EDMONDS EXC El/2 THOF REPLATITED & EXC TH PTN PLATTED AS HERITASPE. PARK ALSO TGw FDT - COM AT 1/4 COR ON S SIDE SEC TH NLY ALG C/L SE-C 295FT TH ANG L89*25 00 30FT TPB TH NLY & PLT C/L SEC 295FT TH ANG L39,'z2:-) 00 233.23FT TH ANG L90*18 00 295FTl TH ANG L89*42 00 289*7FT TPB AKA REPLAT OF THE EASTERN HALF OF THE ANNEX 1.0.0*F. CEMETERY OF EDMONDS. SEC 25 TWP 27 RkGVE: 03 RT-225) TH PTN WI/2 SEl/"t SWI/4 DAF BEG NXN N LN SWI/4 SEI/4 SW1/4 SD SEC & C/L OF H4Y TH S38*55 ODE ALG SD C/L 171*19FT TH N51005 DOE 30FT TP3 TH N74*00 OOE 234 -26FT TH S57:>16 16E: 75FT TH N32*43 44E 12OFT TH S57*16 16E IL5FT TH S47*L3 48W 390.36FT TH N33*55 OOW 260FT TO TPB LESS 3EG 4Xi N L-*,A 3,41/4 SEJ/4 SWI/4 SD SEC C/L HWY TH S38055 OOE ALG SO C/L 171-19 FT TH 451*05 OOE -3nPT TW (A No LO C2 7� .0 41 z: 1 0 co U) 100, " z t V. — 0 Tt-'^ k 1. '' J% 7th PL. S 10 0 D1 .(.3900)7 7, IT' I GE 4� C> J� t5 th Pl. S 7, (6458) rT A'K SEo Ch UO 5(4 PL. S. 4 PJ c RZ-Sr (5555, 1 'W"G4-h- - AVE coo 2C [> C= m m >,C cc cc 71 —4 dVPV lillIVIOIA 0 11 i : k " p Ir 4 of tt r i Yli pt N 4 - it ;41'44 1 tp i Ai of If 4 1 if, I:( 'Ll Ml '41 yj 1j, d I 14. p f lip to A S czz!,d it A I /00 rH AVE Impa SI&N " j I A* slmv I EDMONDS MEMORIAL CEMETERY ,�- C t-141V City of Edmonds 1,9 "ve" C1�7TER-OFFICE CORRESPONDENC E Gary McComa's Fi re M. Bobby Mills P.W. Dan Smith/Jerry Hauth - Eng.,.,.� Duane Bowman 1-8-87 DATE TO FROM SUBJECT V-2-87 VARIANCE FOR SIZE AND HEIGHT OF SIGN FOR'CEMETARY AT lOOTH AND,15TH AVE. W. (RS-20) CODE REQUIREMENT: 10 SQ. FT. - SIZE 3.5 FT. - HEIGHT REQUESTED VARIANCE: 10.3 SQ. FT. - SIZE 5 FT. - HEIGHT HEARING DATE: FEBRUARY 5, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN JAN. 15, 1987. THANKS. W LC CATT—Er Fb r2- ip c)-ng-t-)T (6- i�T D I -:-;rA-hJ ? tzo 6 LE�-M S , t� P--:, City of Edm'b n"d 7DCINTER-OFFICE CORRESPONDENCE Gary McComas_- P Fir ------- Bobby Mills W. Dan S6ith/Je'rry Hauth Eng. Duane Bowman TO FROM 0"D larl-r VARIANCE FOR SIZE AND HEIGHT OF SIGN FOR'CEMETARY AT lOOTH AND 15TH AVE. W. (RS-20) CODE REQUIREMENT: 10 SQ. FT. - SI ZE 3.5 FT. - HEIGHT REQUESTED VARIANCE: 10.3 SQ. FT. - SIZE 5 FT. - HEIGHT HEARING DATE: FEBRUARY 5, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN JAN. 15, 1987. THANKS. V-2-87 14-7 If 0 /-� / C /-7-\, /2-7 7 — '6— PUBLIC 'WORKS 1-8-87 DATE ritv nf F-dmnnds =INTIER-OFFICE CORRESPONDENCE Gary McComas Fi re M Bobby Mills P.W. Dan Smith/Je'rry Hauth Eng. Duane Bowman FROM TO DATE V-2-87 VARIANCE FOR SIZE AND HEIGHT OF SIGN FOR'CEMETARY AT lOOTH AND 15TH AVE. W. (RS-20) CODE REQUIREMENT: 10 SQ. FT. - SIZE 3.5 FT. - HEIGHT REQUESTED VARIANCE: 10.3 SQ. FT. - SIZE 5 FT. - HEIGHT HEARING DATE: FEBRUARY 5, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO -LATER THAN JAN. 15, 1987. THANKS. To 1�j f;-�) �'� q-, 20 d-9 i-k c--:, 'D Y-(26)0-( sb P0 GejF memo* THE A3& WILL HOLD A PUBLIC HEARING —.90 <"%jftboH. F815�� ,927 ON THE FOLLOWING APPLICATION: 0 FILE NON—l— %7 PROPERTY ADDRESS AND LOCATIO 9 ZONE DISTRICT— THE HEARING WILL BEGIN AT- W7:1500 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 wvw A 0 R"N I NE G OF THE HEARING IS A MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTER-9� AFFIDAVIT OF POSTER STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) FILE NO. V - 2 8 7 APPLICANT City of Edmonds Cemetary Board Duane Bowman being first duly sworn, on oath, deposes and says: 21st January 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. Signed�L Subscri bed and sworn to before me this day of Notary Public in and for the State of Washington. Residing at aL&4,4WA-11 MY MMIMON EXPIRES 6-1649, 0 FILE NO. V-2-87 APPLICANTCity of Edmonds Cemetary Board AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Susan Painter being first duly sworn, on oath depose� and says: That on the 21 s t day of January 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—a/,a,-0/- day of 9r!! 19 ?'7 Notary Public in and for the State of Washington. Residing at MY COMMISSION EXPIRES 6-16-89- 0 . 0 (3931) Washington Federal Savings & Loan 809 - 15th Street S.W. Collins, John C. C 50-2000-16389-2 Edmonds, WA 98020 425 Pike Street Seattle, WA 98101 (3899) Cascade Savings & Loan 744 - 15th Way S.W. Moore, Ronald W. 51008035 Edmonds, WA 98020 2828 Colby Everett, WA 98201 (3899) Continental, Inc. 748 - 15th Way S.W. Fox, David E. 048887-H Edmonds, WA 98020 8th Floor, Pacific Bldg. Seattle, WA 98104 (3899) Stayton, Martin L. 771 Edmonds Way Edmonds, WA 98020 (3899) Collins, William M. & Zillian 761 Edmonds Way Edmonds, WA 98020 (4738) First Interstate Bank 9924 - 225th Place S.W. Stockham, V. 496799 Edmonds, WA 98020 P.O. Box 21506 Seattle, WA 98111 (4738) Hathaway, F. Leonard 9916 - 225th Place S.W. Edmonds, WA 98020 On my oath, I certify that the names and addresses provided represent all properties located within 80 feet of the subject property. �ture of Applicant or Applicant's Kepresentative e ,/�g n a Subscribed and sworn to before me this �m day of 19&7 NoTy Public in and for the State of Washington Residing at,4-,4,,, SIGNVARI/-TXTCEMET q ADJACENT PROPERTY OWNERS LIST (5366) Gasperowich, Stephen 9925 - 227th Place S.W. 9926 - 227th Place S.W. Edmonds, WA 98020 Edmonds, WA 98020 (5366) Continental, Inc. Taylor, Lyle G. 040147 9926 - 227th Place S.W. 8th Floor, Pacific Bldg. Edmonds, WA 98020 Seattle, WA 98104 (5409) Spang, Ilsa D. 9920 - 226th Place S.W. Edmonds, WA 98020 (5409) Jones, Edmund J. 1123 East John Seattle, WA 98102 (5409) Continental, Inc. Kariotoglou, George E. E.41048 8th Floor, Pacific Bldg. Seattle, WA 98014 (5409) Heath, Betty R. 22603 - 100th Avenue West Edmonds, WA 98020 (5655) Washington Federal Savings & Loan 1457 15th Street S.W. Smith, Ray C. 50-200-10028-2 Edmonds, WA 98020 425 Pike Street Seattle, WA 98101 On my oath, I certify that the names and addresses provided represent all properties located within 80 feet of the subject property. ,,�Zignature of Applicant or Applicant's Representative Subscribed and swnrn to before me this 4,64, day of 19 Aot t&� Notatry Public I and for the State of Washington Residing at SIGNVARI/TXTCEMET 1 (5655) 0 . 'i ADJACENT PROPERTY OWNERS LIST Washington Mutual Savings Bank Smith, David J. 010080174607 1101 - 2nd Avenue Seattle, WA 98101 (5655) Firstwest Mortgage Rutter, John E. 01002066751 401 Park Place, Suite 410 Kirkland, WA 98033 (5655) Washington Federal Savings & Loan Johnson, David A. 50-200-10239-5 425 Pike Street Seattle, WA 98101 (6106) Lot 5, Parcel 02 Albertson's, Inc. 6407 4th Cheltenham P.O. Box 20 Boise, Idaho 83726 (6106) Lot 8, Parcel 03 Steven Gwinn Westgate North Corp. P.O. Box 33978 Seattle, WA 98101 (6106) Lot 5, Parcel 01 Steven Gwinn Westgate North Corp. P.O. Box 33978 Seattle, WA 981.01 1448 - 8th Place South Edmonds, WA 98020 1452 - 8th Place South Edmonds, WA 98020 1.449 - 100th Street Edmonds, WA 98020 10117 Edmonds Way Edmonds, WA 98020 22820 - 100th Avenue W. Edmonds, WA 98020 10119 Edmonds Way Edmonds, WA 98020 On my oath, I certify that the names and addresses provided represent all properties located within 80 feet of the subject property. �igna`tur� `oi-rp�pTi�—a�ntor FApp�lican�Vs 1�epres`entat`ive Subscribed and s orn to before me this &k day of 19j47-. ublic in and for the State of Washington N ary P Residing at 11:cza/�� SIGNVARI/TXTCEMET 0 ADJACENT PROPERTY OWNERS LIST (6458) Seattle Mortgage Co. 1506 8th Place South Puccetti, Scott J. 051384 Edmonds, WA 98020 229 Queen Anne North Seattle, WA 98109 (6458) Banger, William E. 1508 - 8th Place South Edmonds, WA 98020 (6458) Home Savings & Loan Assoc. 1515 8th Place South Prinz, Daniel R. 01714-00011 Edmonds, WA 98020 P.O. Box H Burien, WA 98166 (6458) Baker, Roy & Dorothy M. 1511 - 8th Place South Edmonds, WA 98020 (6458) Seattle Trust & Savings Bank 1509 8th Place South Gifford, Harvey 9900012849 Edmonds, WA 98020 10655 N.E. 4th Stree, #200 Bellevue, WA 98004 (6458) Halloway, Virginia C. 1505 - 8th Place South Edmonds, WA 98020 (6458) Cuff, Donald F. 808 - 15th Street S.W. Edmonds, WA 98020 On my oath, I certify that the names and addresses provided represent all properties located within 80 feet of the subject property. or Applicant's Representative Subscribed and sworn to before me this 61-1, day of 19 Not�+y Public in and for the State of Washington Residing at SIGNVARI/TXTCEMET k ................ E X H 10 1 T 3 THIS PACKET SENT TO HEARING EXAMINER ON JANUARY 27, 1987 EXHIBIT LIST V-2-87 EXHIBIT 1 - STAFF REPORT EXHIBIT 2 - APPLICATION/DECLARATIONS EXHIBIT 3 - VICINITY MAP EXHIBIT 4 - PROPOSED SIGN ELEVATION EXHIBIT 5 PLOT PLAN EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: V-2-87 HEARING DATE: February 5, 1987 1. REQUESTED ACTION: Variances to allow proposed freestanding sign for Edmonds Cemetery to exceed the permitted height and area requirements. II. APPLICANT/OWNER: City of Edmonds Attn: Jim Barnes 250 5th Ave. N. Edmonds, WA 98020 III. LEGAL DESCRIPTION: See Exhibit 2 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Lrpp_�rtv and Surrounding Area The Edmonds Cemetery Board is requesting variances from the City sign code to allow the construction of a new freestanding sign for the Edmonds Cemetery on the southwest corner of 15th St. S.W. and 100th Avenue West. The cemetery is located below 100th Avenue West and south of 15th St. S.�'. The proposed sign is to be located at the intersection of the two streets. The Applicant is seeking a variances to allow a freestanding sign of 10.3 square feet and five feet in height. The Sign Code allows a ten square foot sign, no taller than three and a half feet tall.. Surrounding development is commercial to the south, and single family residential for the remaining areas. B. Official Street Map 4 4--; DAI North - 15th St. S.W. East - 100th Ave. W. Ln�L�� 70' 601 L A Z� "k! 70' 601 q Staff Report V-2-87 C. Conformance to Chapter 20.85.010 Page 2 1. Special Circumstances The cemetery sits well below the street grade of 100th Avenue West. The proposed freestanding sign will help identify this City landmark. 2. Special P�� Based upon the circumstances, the proposed variances do not appear to represent a grant of special privilege. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property as Low Density Residential, as are the adjacent properties to the north, east and west. The commercial area to the south is designated as Commercial/ Business. The proposed variances do not appear to conflict with the purposes of the Comprehensive Plan. 4. Zoning Ordinance The subject property, as well as the surrounding area, is zoned RS-20. The residential areas to the north, east, and west are a mixture of RS-8, RS-6 and RR 8400 zoning. The commercial area to the south is zoned BN. The proposed variance does not appear to conflict with the purposes of the zoning ordinance or the RS-20 zone district. 5. Not Detrimental The proposed variances do not appear to pose any significant impact to the public or to any near by private property or improvement. 6. Minimum Variance The requested variances do appear to represent a minimum variance requests. V. STAFF RECOMMENDATION: q M .1 tau Staff Report V-2-87 Page 3 The proposed variances will allow the cemetery to erect a sign that will help identify this City landmark. Staff recommends approval of V-2-87. q NAME /V 0 0 j r-c� L ADDRESS 71 �L �� /- M 9.zj q - / -�-' R jE C _V,� P EXHIBIT 4 n F 10 -IL"I 7 !ZLT—Y QE EDMQND,. LARRY S. NAUGHTEN CITY OF EDMONDS MAYOR 250 5th AVE. N. - EDMONDS, WASHINGTON 98020 * (206) 771-3202 HEARING EXAMINER FINDINGS AND DECISION OF' TRE, HEARING EXAMINER OF THE, CIT11 OF EDMONDS F J 'ATION OF FILE- i"01 PHE' MhTTER, OF THE M)PLIC THE CITY OF SOMONDS FOR APPROVAL OF A VARTANCIE D E C I S31"O N The variance is granted subject to tht--i 'Jitions listerl.' corid INTRODUCTION ,f,11P. Z!ity of Edmonds, 250 .- 5th Avenue, North, Edmonds, w�jhhirtgton, 98020, (hereina * Fter referred. to as Applicant) has requeFted approvl,il Of. ;-. v.--iria-nce to j:111Low a Tree -standing sign a.L- the Edwo!)ds Co.-Tnetery orl tlne soothwest covrier of 15th Street S.W. ana L.00th A-Veijui� Wo.e3t, in tr,e c:1ty of Edmonds, Washington,, to exceed the permittr_,6 -((Aqht 911d area requirements for signs. The sq)#�-�citic reqpue.st is to 1.t'I.1(.-)W th.�_- height -to be 5 feet, insteat,'Al of the requlred 3�5 -�clet, Lign area to be 110.3 square feet, instead of the rL--�qul.rod 10, f eo t. hea r ing on the re-:3 tie. st was he. 1 d' brs.1" c, r i�'i the J. J-p:( 1;�'% -f�yt.i rkoi.- 0 f t ht-7 City ot Edmonds, Was'L'iiagcon, on 17'cbril.ary 5, 1937. the. li,-;�aring the Collowing presented `!,-.0-st:Li11o1)Y and evid.t:.-nce. Duan,�- -3owman Planning f)-ept City of Ednioxids, , W1, Bill Moran 71.2 'Elm Pl,=Lco WO,'3t !?,dmonds Wh, 11 8 0 20 -e submitted and admit.-ted as t tj c,, following exhibits war .L . -:.ctar�j cf ttlis rocee-ding: [.-,art of the offic''al_ r,. P Exhibit 1 Staff 1�r-.,port_ of 2 Ay)r-.,I.j.cciti.ori/r)e.clarati-ons 3 Vicirtity Hap 4 Sign 'E.1-evation 5 Afte,r due conside.-.ati..on ;.)f the. evil�lrence, pres*�.rited by the Applicant; C-Adence elicited durint-4 ti,,c- public hearin.q s a .. and,. aa of -the A L personal insfj-,z<-tJt0f1 Of s,..ibjc--cL 1-..)roperty and, ,jurrcunding �krOas . -Y INCORPORATED AUGUST 11, 1 BSO I HEARING EXAMINER RE: V-2-87 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 Applicant has requested a variance to allow a proposed free- standing sign at the Edmonds Cemetery on the southwest corner.of 15th Street S.W. and 100th Avenue West, Edmonds, Washington, to exceed the permitted height and area requirements for signs within the City of Edmonds. (Staff report.) 2. The subject property is zoned RS-20. Edmonds Community Development Code (ECDC) 20.60.040(D)(2) allows freestanding signs in RS zones to have a maximum height of 3.5 feet. ECDC 20.60.040(B) allows freestanding signs to have a maximum area of 10 square feet. The Applicant seeks a variance from these two standards. (Bowman testimony and ECDC.) 3. The Applicant is seeking a variance to allow the freestanding sign to be 5 feet in height and 10.3 square feet in area. (Bowman testimony.) 4. In order for a variance to be granted within the City of Edmonds the criteria as set forth in ECDC 20.85.010 must be satisfied. These criteria include: A. Because of 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 privilege 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 which 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 properties in the vicinity with the same zoning. (ECDC. ) 5. The proposed freestanding sign will.be used to identify the -2- L1 HEARING EXAMINER RE: V-2-87 cemetery. The cemetery is below the street grade of 100th J�' Avenue West and is not easily located. The proposed freestanding sign will help identify the cemetery. (Staff report.) 6. The Comprehensive Policy Plan Map designates the subject pro- perty as Low Density Residential. The adjacent areas to the north, east and west are also designated as Low Density Residential, and the area to the south is designated as Commercial/Business. (Staff report.) 7. The subject property as noted is zoned RS-20. The areas to the north, east and west of the subject property are RS zoned properties and RR 8400 zoning. The commercial area to the south is zoned BN. The requested variance will not conflict with these areas. (Bowman testimony.) 8. The proposed variance does not appear to pose any significant impact to the public, nor to nearby private properties or improvements. (Staff report.) 9. The variance appears to represent the minimum variance request. (Bowman testimony.) 10. The Planning Department of tlYe City of Edmonds recommended approval of the variance. 11. No opposition testimony was*received in this matter. CONCLUSIONS 1 The application is for the approval of a variance for the allowance of a freestanding sign to exceed the standards as set forth in ECDC 20..60.040. Specifically, the request is to allow the height of the sign to exceed the minimum height of 3.5 feet by an additional 1.5 feet, and the area of the sign to exceed the 10-foot miiiimum area by an additional .3 feet. 2. The criteria as set forth in ECDC 20.85.010 have been reviewed and the proposal satisfies these criteria. 3. Special circumstances exist for the granting of a variance. Because the cemetery is a City landmark that must be identified, the proposed sign adequately provides direction to the location of the cemetery. This is a special circumstance warranting a variance. 4. The granting of the variance will not be the grant of a special privilege. 5. The requested variance will not conflict with the purposes of the Comprehensive Plan of the City of Edmonds. 6. The requested variance does not conflict with the purposes -3- HEARING EXAMINER RE: V-2-87 of the zoning ordinances or the RS-20 zone district where it will be located. It will provide a non-residential use which will complement and be compatible with single-family dwelling uses. 7. The requested variance will not be detrimental to the public nor to nearby private property or improvements. 8. The requested variance is the minimum variance request. r% Im /I Y C, Y.-% N1 Based upon the preceding Findings of Fact and Conclusions; the testimony and evidence submitted at the public hearing; and, upon the impressions of the Hearing Examiner at a site view, it is hereby ordered that the Applicant be granted a variance to allow a freestanding sign at the Edmonds Cemetery on the southwest corner of 15th Street S.W. and 100th Avenue West to exceed the permitted height and area requirements. The variance is granted subject to the following conditions: 1. 'The maximum height for the freestanding sign shall not exceed 5 feet. 2. The maximum area for the freestanding sign shall not exceed 10.3 square feet. Entered this 20th day of February, 1987, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. I P� M. DRISCOLL aring Examiner NOTICE OF 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 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 March 6, 1987. -4- 1 1, A= TTIOS WpWA CTE 'T S TO H NO EXAMINER ON MAY 15, 1987 EXHIBIT LIST V-2-87 (Amended). EXHIBIT 1 - STAFF REPORT EXHIBIT 2 - APPLICATION/DECLARATIONS EXHIBIT 3 - ORIGINAL HEARING EXAMINER PACKET EXHIBIT 4 - HEARING EXAMINER DECISION V-2-87 k EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: V-2-87 (Revised) HEARING DATE: May 21, 1987 I. REQUESTED ACTION: Variance to allow proposed freestanding sign for Edmonds Cemetery to exceed the permitted height limit and area requirements. II. APPLICANT/OWNER: City of Edmonds Attn: Jim Barnes 250 5th Ave. N. Edmonds, WA 98020 III. LEGAL DESCRIPTION: See Exhibit 2 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surrounding Are On February 5, 1987, the Hearing Examiner held a hearing on a variance request to exceed the permitted height and area limits for a proposed freestanding sign for the Edmonds Cemetery. The specific requests were a 10.3 sq. ft. sign and five feet in height. Code allows 10 sq. ft. and three feet in height. The Hearing Examiner issued a decision granting the variance requests on February 20, 1987. The Applicant has since discovered an error in the original application and is seeking to revise the variance application to allow the sign to exceed the permitted sign area by 10.3' sq. ft. Surrounding development is commercial to the south, and single family residential for the remaining areas. B. Official Street Ma Propo ed R/W North - 15th St. S.W. 70' East - 100th Ave. W. 60' C. Conformance to Chapter 20.85.010 Existing R/W 701 .1% I Staff Report Page 2 V-10-87 1. Special Circumstances The cemetery sits well below the street grade of 100th Avenue West. The proposed freestanding sign will help identify this City landmark. 2. Special Privileg Based upon the circumstances, the proposed variance does not appear to represent a grant of special privilege. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property as Low Density Residential, as are the adjacent properties to the north, east, and west. The commercial area to the south is designated as Commercial/Business. The proposed variance does not appear to conflict with the purposes of the Comprehensive Plan. 4. Zoning Ordinance The subject property is zoned RS-20. The surrounding residential properties area zoned a mixture of RS-6, RS-8, and RR-8400. The Commercial area is designated BN. The proposed variance does not appear to conflict with the purposes of the zoning ordinance and the RS-20 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 appear to represent a minimum variance request. V. STAFF RECOMMENDATION: Staff recommends approval of the revised variance, #V-2-87. Due to the location and size of the cemetery, the proposed sign is warranted. REVAR287/HEVARSR LI EX*HIBIT 2 FTLE(11L V-2-87 (Amended) DATE May 7, 1987 CITY OF EDMONDS FEE N/A HEARING EXAMINER RECT it N/A AP-P-LICATION FOR VARIANCE APO'S x HEARING DATE: May 21, 1987 APPLICANT City of Edmonds Cemetery Board ADDRESS- 700 Main Street CITY & ZIP Edmonds, WA 198020 P H. OIN E 775-2525, ext. 270 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY LOCATION OR ADDRESS OF PROPERTY 100th St. W. and 15th Ave. S.W., Edmonds, WA LEGAL DESCRIPTION OF PROPERTY See attached sheet. VARIANCE REQUESTED: -Zo. Si,gn size of 20.3 sq. ft. L, -- 3 r,,'7 /-- / Z FOB%. OFFICE USE ONLY USE ZONE:. RS-20 — ZONING ORDINANCE REQUIREMENT: Sign size of 10 sq. ft. Release/Hold Harmless Agreement The undersianed applicant, his heirs and assigns, in consideration for C) -he Ci-v orocessing the application agrees to release, indemnify, defend and I t-, ' -L� L - 0 f r [110--d t-he Cicy of" Ecknonds harmless from any and all damages and/or claims 0 damages, including reasonable attorneys' fees, arising from any action . 1.� . ­0 C:) plete or inaction is D;-::sed in whole or in part upon false, misleading, or incom, in-f--ormation furnished by the applicant, his agents or employees. Permission to Enter Subject Property The undersianed applicant grants his, her or its permission for public C, of-Eicials and the staff of the City of Edmonds to enter the subject property for the purpose of inspection and postiag attendant to this application. Signature ot Appilcant, uwner or Representative 0 L CITY OF EDMONDS 250 5th AVE. N. * EDMONDS, WASHINGTON 98020 * (206) 771-3202 HEARING EXAMINER FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS LARRY S. NALIGHTEN MAYOR RocklVED JUN 8 1381 PLANNING DEPT. IN THE MATTER OF THE APPLICATION FILE: V-2-87 OF THE CITY OF EDMONDS FOR APPROVAL OF A VARIANCE DECISION: The variance granted on February 20, 1987, is amended as stated. INTRODUCTION On February.20,1987, the'Hearing Examiner of the City of Edmonds granted the City of Edmonds a variance to allow a free-standing. sign at the Edmonds Cemetary on the southwest corner of 15th Street SW and 100th Avenue W to exceed the permitted height!.t . and area requirements. The variance was granted subject -to the following conditions: 1. The maximum height for the free-standing sign shall not exceed five (5) feet. 2. The maximum area for the free-standing sign shall not exceed 10.3 square feet. Upon receipt of the variance the Applicant discovered an error in the original application, and is seeking a revision of -the variance to allow the sign -to exceed -the permitted area by 10.3 square feet. A hearing on the requested amended variance was held before the Hearings Examiner of the City of Edmonds on May 21, 1987. At the hearing -the. following presented testimony and evidence: 11_11� Duane Bowman Jim Barnes Planning Department 250 Fifth Ave N I, City of Edmonds Edmonds, WA 98020 Edmonds, WA 98020 At . the hearing the following exhibits were submitted and admitted as part of the official record of this proceeding: q 4 HEARING EXAMINtA RE: V-2-87 Exhibit 1 - Staff Report It 2 - Application/Declarations 3 - original Hearing Examiner Packet 4 - Hearing Examiner Decision v-2-87 After due consideration of the evidence presented by the Applicant; the 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 facts and conclusions constitute the basis of the amended decision of.the Hearing Examiner. FINDINGS OF FACT 1. on February 20, 1987, the Applicant was granted a variance to allow a free-standing sign at the Edmonds Cemetary on the southwest corner of 15th Street SW and 100th Avenue W to exceed the permitted height and area requirements. The variance that was granted was subject to the following conditions: 1) The maximum height for the free-standing sign shall not exceed five (5) feet. 2) The maximum area for the free-standing sign shall not exceed 10.3 square feet. 2. Subsequent to the hearing, the Applicant discovered an error in the original application. The Applicant has indicated that the area of the sign requested was 10.3 square feet, when in fact he had intended to apply for a sign of 20.3 square feet. As a result -the Applicant requested an amendment to the original variancb. 3. The original Hearing Examiner packet was admitted as Ex- hibit 3 to the hearing, and the Hearing Examiner's deci- sion was admitted as Exhibit 4. A complete review of these documents has been made in light of the requested. amended variance and it is determined that the amendment does not significantly change any of the findings crr conclusions that were reached in the original decision. 4. The requested amendment is consistent with the original conclusions and decision and it does, in fact, satisfy all of the criteria as set forth in ECDC 20.85.010. 5. No adverse testimony was received at -the hearing. - 2 - -2-87 HEARING EXAMINi RE. v CONCLUSIONS 1. The application is for approval of an amendment to a variance. The original variance granted was for the allowance of a free-standing sign to exceed -the standards as set forth in ECDC 20.60.040. The specific variance granted has been identified in the findings. 2. The criteria as set forth in ECDC 20.85.-OlO have been reviewed and the proposed amendment satisfies these criteria. 3. The satisfaction of the criteria as set forth in the con- clus,ions of the original variance approval are applicable to the amended variance request. Based upon the preceding Findings of Fact and Conclusions; the testimony and evidence submitted at the public hearing; and upon the impressions of the Hearing Examiner at a site view, it is ordered that the Applicant's original variance of February 20, 1987, be amended. The amended variance allows a free-standing sign at the Edmonds Cemetary, southwest corner of 15th Street SW and 100th Avenue W to exceed the permitted height and area requirements. The amended variance is granted subject to the following additions: 1. The maximum height for the free-standing sign shall not exceed five (5) feet. 2. The maximum area for the free-standing sign shall not exceed 20.3 square feet. Entered this 3rd day of June, 1984, pursuant to the authority granted the Hearing Examiner under Chapter,20.00 of the Community Development Code of the City of Edmonds. f\ ES M. DRISCOL ring Examiner a RECEIVED eLAtiNING DEPT. MAY 7 1987 PUBLIC WORKS City of Edmonds CTNTER-OFFICE CORR ESPON DENC�E Gary McComas Fire M. /Bobby Mills P.W. Duane Bowman 5/7/87 D. smibh, J. Hauth, C. Beckman - Engineering TO FROM DATE R1 JR.lFr.T V-2-87 REQUEST FOR VARIANCE FOR SIZE OF CEMETERY SIGN AT lOOTH W. AND 15TH S.W. CODE REQUIREMENT: 10 SQUARE FEET VARIANCE REQUESTED: 20.3 SQUARE FEET HEARING DATE: MAY 21, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN MAY 14, 1987. THANKS. § ee -?-71 - 0 t7 5-- 2— �- 2 t City of Edmonds INTER -OFFICE CORRESPONDENCE a �rymaomas - Fi re M Bobby Mills P.W. D. Smith, J. Hauth, C. Beckman - Engineering Duane Bowman TO FROM SUBJECT RECEIVED MAY 19 1987 P1 ANNING DEPT. DATE 5/7/87 V-2-87 REQUEST FOR VARIANCE FOR -SIZE OF CEMETERY SIGN AT lOOTH W. AND 15TH S.W. CODE REQUIREMENT: 10 SQUARE FEET VARIANCE REQUESTED: 20.3 SQUARE FEET HEARING DATE: MAY 21, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN MAY 14, 1987. THANKS. \() CL'fzoTr_ Tvoro cl'�`�� R 'r-- C I --' I V E D 14AY 7 1987 .EEWONC�S FIRE DJERL t City of Edmonds INTER -OFFICE CORRESPONDENCE Gary McComas Fire M. Bobby Mills P.W. Smith, J. Hauth, C. Beckman Engineering Duane Bowman 5/7/87 TO FROM DATE SUBJECT V-2-87 REQUEST FOR VARIANCE FOR SIZE OF CEMETERY SIGN AT 100TH W. AND 15TH S.W. CODE REQUIREMENT: 10 SQUARE FEET VARIANCE REQUESTED: 20.3 SQUARE FEET HEARING DATE: MAY 21, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN MAY 14, 1987. THANKS. Z4 ort jS1_ a t&) 6��eqLka;��P_ S_/7 7 (10,,-Lil Vj�. JM'Y-1 v eA,', c� LJ -S-t. s,\,j. L d, a \Je-. ctk-6ur I 1 .1 FILE NO. V-2-87 (Amended) APPLICANT Edmonds Cemetery Board AFFIDAVIT OF MAILING STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH Susan Painter being first duly sworn, on oath depose§ and says: That on the 8th day of May '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. Si gned Subscribed and sworn to before me this day of 192� FILE NO. —V-2-87 (Amended) APPLICANT Edmonds Cemetery Board AFFIDAVIT OF POSTER STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH Duane Bowman being first duly sworn, on oath, deposes and says: That on the Sth -day of May 19 87 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. P� Signed "� I �_46) Subscribed and sworn to before me this -day of 19 Notary Public in and for the State oT Washington. Residing at W COMMISSION EXPIRES 6.16-89. a CITY OF EDMONDS NOTICE OF PUBLIC HEARING THE H FARM&- EXAM AML WILL HOLD A PUBLIC HEARING OrNWSDAV. MAV Z 1 19 e ON THE FOLLOWING APPLICATION: FILE NO. Vovi "' 8 1 -- VAMANeF TOO") pRD-A:2$J=-b - 9 PROPERTY ADDRESS AND LOCATION DWA)05 CEMF I & N ja A r/CAJ Soulh ar-5 OORAM-go-- Of aw Vk - tj sfo it, 08, ZONE DISTRICT R's ow__ Zo THE HEARING WILL BEGIN AT 8M., 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 AFTERmAY-Z!,-0-37 po-4a�� q A"o� 5 e r I CITY OF EDMONDS HEARING EXAMINER APPLICATION FOR VARIANCE APPLICANT CITY OF EDMONDS CITY & ZIP. Edmonds, WA 98020 FILE 7-07 DATE FEE__ RECT APO'S HEARING DATE: N 1A ADDRESS 250 5th Ave. N. PHONE 771-3202 INDICATE TYPE OR DEGREE OF INTEREST 114 PROPERTY Enlarge existing wire to allow power to Woodway H.S. lighted sign LOCATION OR ADDRESS OF PROPERTY 23200 100th Ave. W., Edmonds, WA. LEGAL DESCRIPTION OF PROPERTY— SE Qtr., NW Qtr. of Section 36, Township 27N, Range 3E VARIANCE REQUESTED: to increase the existing wire size by 200% FOR OFFICE USE ONLY: USE ZONE: ZONING ORDINANCE REQUIREMENT:— kvfto Ole r-)ej0q'Aj.0r--f) 6011-2r-.-n mv�:5—/ 4sc 6)lvd5rz 6-10601u,06 - JD 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 officials and the staff of the City of Edmonds to enter the subject property for the purpose of inspection and posting attendant to this ap?licatio-n. Sianatute of Applicant, Owner or L Representative 0 17 I -I 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? The cost to bore under a major arterial and the possible conflict which could occur. 2. How does your property differ from other property in the same vicinity? High volume of traffic and wider than most asphalt street s. 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? -The wire, when attached, will have very little visual difference -than the previous existing wire. 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? -The cost to the general fund of the Woodway H.S. Student Body -would increas I e consider ably. The school cannot pay this cost. 5. Can you make reasonable use of your property without the variance? Yes, but the Woodway H.S. Student Body would have to come up with additional monies and delay using the lighted sign. ADJACENT PROPERTY OWNERS LIST 1) Salem Lutheran Church 9906 232nd St. SW Edmonds, WA 98020 2) United Savings & Loan 5605300135110 Ron Fischer P.O. Box 85537 Seattle, WA 98145 RE: 9927 232nd St. SW On my oath, I certify that the names and addresses provided represent all properties located within 80 feet of the subject property. Signatur�-d of Applicant or Applicant's Representative Subscribed and sworn to before me this day of —, 19 Notary Public in and for the StYt—eof Washington Residing at a S. alem Lutheran Church 9906 232nd St. S.W. Edmonds, WA 98020 Ron Fischer/Resident 9927 232nd St. S.W. Edmonds, WA 98020 United Sivings & Loan Fischer, Ron #5605300135110 P.O. Box 85537 Seattle, WA .9.8145 a 5= iqOTICE OF DECISION THE PLANNING DEPARTMENT OF THE CITY OF EDMONDS HAS MADE THE FOLLOWING DiET�RMINATION: A0 VA41. A04C ... awwro .... A.�� .... ..... ....... ... ja wry. wt a 6 ..... P0.4 ...... . ...... all 5164) ............................ ................................................................................. ............................................................. PROPERTY ADDRESS OR DESCRIPTION:..Zli.4.40 ... ;00111P - A -Vie 0 .................... ................................................................................. FILE #. V7.747- POSTED. -?w/;0;/97 ANY PERSON WISHING TO APPEAL THIS DECISION MUST DO SO IN WRITING, CITING WORKING REASONS, TO THE PLANNING DEPARTMENT BYMAyzcw ?a IfV710 DAYS FROM POSTING DATE) ADDITIONAL INFORMATION IS AVAILABLE FROM THE PLANNING DEPARTMENT AT 250 FIFTH AVENUE NORTH. p7gy!�Yjg) 771-3202 EXTENSION 252 THIS POSTER MAY BE REMOVED AFTER A4l(H ? ............. J."t .... ... ? ....... 7 ........... The removal, mutilation, destruction, or concealment of this notice prior to the date above is a misdemeanor punishable by WARNINGN fine and imprisonment. Kenyon Printing - Edmonds. WA - 775-9494 posD-d 17-- algx&d 012--3197 FILE NO. V-7-87 APPLICANT City of Edmonds AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Susan Painter being first duly sworn, on oath, deposes and says: That on the 23r9ay of February 19 87 the attached Notice of Decision was mailed as required to adjacent property owners, the names of which were provided by the applicant. Signed _At,�. Subscribed and sworn to before me this day of 19 Notary Public in and for the, State of' Washington. Residing at 'MY MMISSION EXPIR S6*16-89. I I FILE NO. V-7-87 APPLICANT City of Edmonds AFFIDAVIT OF POSTER STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH Duane Bowman being first duly sworn, on oath, deposes and says: 23rd February 87 That on the day of , 19 , the attached Notice of Decision 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 19 tf-2 Notary Public in and for the State of Washington. Residing at MY COMMISSION EXPIRES 6-16-89. CITY OF EDMONDS 250 51h AVE. N. * EDMONDS, WASHINGTON 98020 - (206) 771-3202 COMMUNITY SERVICES January 28, 1987 Woodway High School 23200 100th Avenue W. Edmonds, WA 98020 LARRY S. NAUGHTEN MAYOR PETER E. HAHN DIRECTOR Attn. Mr. Scott Chapinan Gentlermn: On January 13, 1987 we mt,to discuss how power could be provided by the City to the school sign. Through our discussion there were two way§,in which the City could do the work. One way was to get a variance to go overhead and the second way was to bore under the street. Upon review of both options the variance would be tlie most cost effective and would create less complications and da:mage to other facilities. I have filed for a variance through t:he Community Services Director, Mr. Peter Hahn. It requires that we post the area for 10 days to allow public input before we start work on the project. If no protest is received we will have the work scheduled to start inm-ediately. Should we meet with protest we will look at the second option of boring under the street. The cost-cestimate for each is as follows: Option #1- Obtain Variance to go Overhead Materials: 14-5 50 Cord 150' @ .85/ft. 82.50 1 breaker - 15 amps 6.00 cable ties 6.00 conduit - 1/2 gal. - 40 ft. 16.00 2 electrical boxes @ $1.00/ea. 2.00 GrIC 12.00 Cord 3.00 Plug 5.00 photo cell 15.00 nlisc. 10.00 NET AMOUNT $157.50 SATES TAX 12.29 TOTAL FOR NATCRIALS $1.69.79 PUBLIC W013KS PLANNING PARKS AND RECREATION ENGINEERING Variance January 28, 1987 Page 2 Labor: 4 manhours @ $20.00/hr. $ 80.00 Vehicle Rental - 4 lirs. @ $6.00/hr. 24.00 Overhead on Labor - 20% 16.00 Total Material Cost from pg. 1 169.79 TOTAL COST ESTIMATE - OPTION 1 $289.79 Option 2- Bore Under Street Material: 80 ft. 1 1/2" conduit PVC @ $1/ft. $ 80.00 Materials listed from Opt. 1 167.79 Labor: 32 manhours @ $20.00/hr. 640.00 Vehicle Rental - 8 hrs. @ $6.00/hr. 48.00 Compressor Rental - 8 hrs. @ $4.00/hr. 32.00 Bore Hog Rental - 3 hrs. @ $30.00/hr. 90.00 Overhead on Labor - 20% 128.00 TOTAL COST ESTIMATE - OPTION 2 $1,185.79 I realize that the cost estimate for option 2 is very high, but the estimate is fairly accurate as this would Lx-� an extremely hard job to do. This cost could go higher if the Lx)r:e cam up through the asphalt or dove deeper which would force us to dig up the street. We could possible break or cut through a utility which would drive the cost up even higher. It's for t:hese reasons that we recommend option 1 and will proceed with seeking a variance. We will tie into the electrical meter at the crosswalk for the sign lighting. The City of Edmonds pays $12 - $14 every two months for this utility and we would require Woodway High School to pay 50% of the utility bill for the number of months the sign is in use. If you should have any questions please contact me at 771-3202, ext. 296. In the meantime �,A- will 1--.eelp you 1-10tified on the status of the requested variance. Sincerely, BOBBY R. MILLS Superintendent of Public Works /cr cc: Kathy Parker Peter Hahn M E M 0 R A N D U M February 6, 1987 TO: Peter Hahn FROM: Bobby Mills 0141 SUBJECT: VARIANCE FOR WOODWAY HIGH SCHOOL 4�1 17 0 1,901, oes 10/19 I have received a request from Woodway High School for power to be provided to their school sign by the City. This request was routed to me by the Mayor. In a recent meeting with Mrs. Kathy Parker and student body representative Scott Chapman from Woodway High School, I explained the procedure of undergrounding and that it was a requirement by the City of Edmonds and also the alternative of going overhead. The cost estimates for both are attached. Chapter 18.05, section A -III of the Edmonds City Code covers the requirements for this project. We are proposing an increase of the present cable size by more than 10%. We are going from a 3/8" to a 5/8" cable. Section 18.05.010, pg. 124 A-1 will be complied with. The extension from the city light to the school light will be made underground. The existing cable and wire are both 3/8" each. The new wire would replace the 3/8" wire, which has only one pair of wires when two pairs are needed to provide one leg to the school light reader board. I hereby req I uest a variance to replace the existing cable which will allow Woodway High School to tie into our service by extending the existing service underground to their sign. The Woodway High School A.S.B. will pay all expenses for this project. /cr 61-11V C^44�- Attach. APPROVED BY: 0 '60-6 EXHIBIT 2 FILE# V- DATE I/q,- -7 CITY OF EDMONDS FEE.. 2 6- ' HEARING EXAMINER RECT 5 APPLICATION FOR VARIANCE APO'S HEARING DATE: APPLICANT ADDRESS --7-711 q- 2 04- V CITY & ZIP 6i�jj, -2- (,1 PHONE -2- INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Otc),t /Ctc S LOCATION OR ADDRESS OF PROPERTY LEGAL DESCRIPTION OF PROPERTY 5-i ;(".. , - , 0 C), v 014-L-: J , . jjp w0i"t Mr) 4-�, a--& C-'b� r 1,13 0 Ve- love &;,,5 eLveff( Clfpz Cl 'Vh 4:' N00-K VARIANCE REQUESTED: Qols\ ci, �Yce C�,�\o&_ FOR OFFICE USE ONLY: USE ZONE: a5 - ZONING ORDINANCE REQUIRELMENT: 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 c' 0 hold the City of Edmonds harmless from any and all damages and/or claims for damages, including reasonable attorneys' fees, arising from any action 0 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 h-is, her or,its permission for Public 0 1 CD officials and the staff of the City of Edmonds to enter. the subject prbrperty for the purpose of inspection and posting 9�tendant tothis application. gighatzlire ot 'Appii7cant, Uwner or L Repraentative 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? Hardship is created due to the ravine which is located to the south and west of our 1:roperty. Our house is now situated where sane yard is usable. 2. How does your property differ from other property in the same vicinity? Ravines are common to this area. However, in 1948 when our house was built it was built where its located because at that time there was no road to the north side of it. The road ended at our driveway. �3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? The variance we are requesting does 1,1ot pertain to the public and there is no damaging effect to any of our neighbors. out of the nine property owners listed adjacent to our Froperty;six have been contacted and are all very much for our plans - Some have written letters which are enclosed with this material. The other three neighbors were not home. 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? If the variance is not requested we will not be able to being our house up to cD toda�s standards. Our home now remains a single -glazed non -energy efficient, non -insulated structure. These hardships are not caused by our own action. 5. Can you make reasonable use of your property without the variance? We cannot make reasonable use of our property without the variance due to the afore meintioned ravine situation. Our request does follow the City of Edmonds requirements in all ways. 0 OLTMAN RESIDENCE 176th St. SW, Edm. Variance Requested - Set -Back Variance: Existing home is located 7 1/21 from street or north side of property line. Home was built in 1948, existing lot conditions (ie) ravine to south and west; existing place- ment of home to allow maximum usable yard. Home is last structure on street end of 176th St. SW south side. Before 1975 the street end was at the home dkiveway, development of the north side of 176th St. SW moved the street end approximately 751 to the west. The 176th St. SW address was annexed into the City of Edmonds approxi- mately 11 years ago. lie are now subjected to the City of Edmonds requirement for a 25' set -back from the road. our request takes into account these procedures, we wish to remodel our home Our plans show and will conform to the City of Edmonds building code requirements. clearly our intent only to build within the 251 set -back. Given the formula for average height requirements our project will not exceed the maximum allowable. We are limited to developing our project in the area shown by the afore mentioned ravine situation common to this area. After consulting with our neighbors there is a positive attitude since our project would niether block or impair anyone since our home is of 1948 vintage it remains to this date a single glazed non -energy efficient, non -insulated structure. The remodel will give us the opportunity to bring the home up to todays standards besides upgrading the neighborhood. Attachments: pictures plot plan elevations letters from neighbors I —4 > o n > c r > o r 0 m 0 X m m M z z m m 0 co ;K m tA �n CD co Ul %.4 wn cn op LA Im r% up %..Of rn ca cla U) m m z Z�. 0 0 1-161,1 5,�V, (E-Vi"ZIND5. WA 04.62 rtt I rn �j > It Z; I cn: Z; jr 0' > M ml cni Z Z m cn 00! m :.cn m Z C) m I 7 rj IN z to PH i, ...-j it 3 I I p of I J-10!!iII1111111 Imm Oil! oe --------- 1�1 I; iff�! IFT �7 NO IE m '�Fji ij m 1Z it. Ott it k Ott q EAST ELEVATION I Fr u: :. 1! 'fic 11 UILI SOUTH ELEVATION ND MRS­ LYNN OLTMAN RESIDENCE ADDITIONS AND ALTERATIONS TO MR. A L7 i J J 1 I Ui NORTH ELEVATION WEST ELEVATION 114' IONS TO -M,-,R-.-A, ff]D- MRS".- LYNN OLTMAN RESIDENCE ADDITIONS AND ALTERAT tw L) City of Edmond's y McComas Fire M. C INTER-OFF'ICE CORRESPONDENCE Zbby Mills P.W., CITY op 17 Dan Smith/Je'rry.H'auth.- Eng. Duane Bowman 1/14/87 TO FROM DATE SUBJECT V-1-87 VARIANCE TO ALLOW. -FOR ADDITION TO NONCONFORMING RESIDENCE AT 7314-176TH ST. S.W'. (RS-12) CODE REQUIRED -STREET SETBACK.: -25' EXISTING STREET SETBACK: 7'-5" HEAR.ING DATE: FEBRUARY 5, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN JANUARY 21, 1987. THANKS. PUBLIC W /7 .11-e 0 /;, ,, 7,4 ;76&— d. (— t r — k City of EdmondS RECEIVED G a ry McComas Fi re-M. lobby Mi I I P. W, (�INTER-OFFICE CORRESPONDENCEJ P 14 1987 Da n Smi - th/Je'rry H'�uth.­ Eng. GINEERING Duane Bowman 1/14/87 TO FROM DATE V-1-87 VARIANCE TO ALLOW -FOR ADDITION TO NONCONFORMING RESIDENCE AT 7314-176TH ST. S.W'. (RS-�12) CODE REQUIRED-STREET'SETBACK.: -25' EXISTING STREET SETBACK: 71-511 HEARING DATE: FEBRUARY 5 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN JANUARY 21 , 1987. THANKS. t RECLiVED JAN 14 1987 '.FDMONDS FIRE DEPT, /7,1 A An.1ACENT PROPERTY OWNERS LIST rk`� C:' V '6 C> 0 y- q OLI C) y,,Cx0x\ CN-5 9 0 r - - r--, -) e*-,%C-- % n -a q c-z, 1 Allu G�n 9, \ -7 COAZ%C\ WCA (:�CX) -1 �BCF6 CC4_- G (�6 VI C d-, cltic>�3z) 7S <-:)C>U1f \CKV Q-:) t-�- \C) C) - C) \-I co \-ixk C: C 3 11 B -Ak Q-W 0 -E!- 9 C6 0 ',k(:) (2) \ C-) — C) �5 0 )Q �\\ e- to T\ (I)CAZ:) - �10"N C) -1V �4-X� C-1- (\3 C\)e On h fy S-) d represent D - co �p 0 -7 that the --names aWerdVense prPv -op D�"S�f6ti within 80 feet of the subject property. ,��prerti es ocated 9%0 -aL C> ,,.,,S'ig�natu e of Applicant or Applicant's Representative Subscribed an sworn to before me this day of 19 Notar� PuAllfMin d��for the State of Washington Residing at 1 .1 AFFIDAVIT OF POSTER STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) FILE NO. V-1 -87 APPLICANT Mr. & Mrs. Lynn Oltman Duane Bowman being first duly sworn, on oath, deposes and says: 21st January 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. Signed 41ewcj� Subscribed and sworn to before me this t,2�,a44_ d a y o f 19 41 - -ate of Notary Public in and for the St Washington. Residing at MY C� a I .) AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Susan Painter deposes and says: FILE NO. V-1 -87 APPL I CANT Mr. & Mrs . Lynn 01 tman -being first duly sworn, on oath That on the 21st dav of January '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 )0U4q./k ez'"716ZA�) Subscribed and sworn to before me this t,�i_,/,./day of 19 Notary Public in and for the State of Washington. Residing at MY COMMISSION EXPIRES 6-16-89. k THIS PACKET SENT TO HEARING EXAMINER ON JANUARY 27, 1987 EXHIBIT LIST V-1-87 EXHIBIT I - STAFF REPORT EXHIBIT 2 - APPLICATION/DECLARATIONS EXHIBIT 3 - SITE PLAN EXHIBIT 4 - PROPOSED BUILDING ELEVATIONS (INCLUDES HEIGHT CALCUL-ATIONS) EXHIBIT 5 - LETTERt OF SUPPORT (KINNEAR, KALSBEEK, BONELL9 HANDYSIDE) EXHIBIT 6 - PHOTOGRAPHS EXHIBIT 7 - VICINITY MAP EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: V-1-87 HEARING DATE: February 5, 1987 1. REQUESTED ACTION: Variance to reduce the required 25' street setback to 7 1/2' along 176th St. S.W. to allow additions to the existing residence at 7314 176th St. S.W., Edmonds. II. APPLICANT/OWNER: Lynn Oltman 7314 176th St. S.W. Edmonds, WA 98020 III. LEGAL DESCRIPTION: IV. See Exhibit 2 STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Proper Tpf ty and Surrounding rea The subject property is located on the south side of 176th St. S.W. The lot contains 21,148 square feet. There is an existing older single family residence located on the property with a detached two car garage, swimming pool and deck. The northern two thirds of the property is relatively flat. The southern third of the lot is quite steep. The Applicant is seeking a variance to the required street setbacks to allow remodeling of the present home to add additional floor area to the house and a pool room and workshop. Surrounding development is entirely single residential. B. official Street Map r7) nrl P/W Existina R/W 601 IVE J North - 176th St. S.W. 60' C. Conformance to Chapter 20.85-010 I : I 0 . Staff Report V-1-87 Page 2 1. Special Circumstances The existing residence was built in 1948 under the regulations of Snohomish County. Although the obvious reason for locating the home in its present location was to avoid the steeply sloped area along the south property line, actions of a past owner are not grounds for special circumstances. 2. ��cial Privilege The proposed variances do not appear to represent a grant of special privilege. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property as Low Density Residential, as are the adjacent properties. The proposed variance do 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 not appear to conflict with the purposes of the zoning ordinance or the RS-12 zone district. 5. Not Detrimental The proposed variance do not appear to pose any significant impact to the public or to any near by private property or improvement. 6. Minimum Variance As conditioned, the requested variance do appear to represent a minimum variance requests. V. STAFF RECOMMENDATION: Staff does not oppose the approval of V-1-87, subject to the following conditions: 1. All improvements must conform to the plot plan and building elevations shown in Exhibits 3 and 4. t