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21615 85TH PL W.pdfI - . �l . I . - .1 I I E X-H 18 IT Z FILL DATE. CITY OF EDMONDS FEE -0 HEARING EXAMINER RECT APPLICATION FOR VARIANCE APO'S HEARIN.G DATE: 1%4-1' I PM APPLICANT Ltlq'4t 6W�lb ADDRESS,��/&2/1� Qv,, CITY & PHONE '7741- q4AI,? INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY d-W-tX&L--) LOCATION OR ADDRESS OF PROPERTY LEGAL DESCRIPTION OF PROPERTY o 0 n r) VARIANCE REQUESTED: Vo I y -J- I , '- I -i- - 'A .', '. / — J . . J- /. I FOR OFFICE USE ONLY: USE ZONE: ZONING ORDINANCE REQUIREMENT:_ 16/ 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 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 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 prcruerty- for the purpose of inspection and posting attendant to this application. ,A -74 S�ignature of Apf)licant, Owner/or Representative I I -i DECLARATIONS OF APPLICANT Please answer all questions What are the physical characteristics, (i.e. topography, shape of lot, etc.) which create a hardship for you in regard to development of your property? 2. How does your property differ from other property in the same vicinity? 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? /1-1 A -4 /' ;" Yn-I I, - ,I /L-,),l , - I' / , -7 L - - A ,, -, A / J - /' . / V//J-, /,I -Z// YZ" 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? 0 2,� X�Q-Vbj 2) 1'^,,4A /-7 ""/,n /J V 141 UI /LC', //k /,�q 2 V - . I I h 1, --4,- _; ryl :he variance? 5. Can you make reasonable use or your proper . W 0 .1 ,A .41 It Tyl C7 01 to Ad ..d. 70 10 0 184 To Ln TI, rot Ul PEI. k, I S. It II it Tvv6��tImoi- .1 If It so q, s7 4 L rn IP V r s,Ills' 43> T� CD Z. :p so 01) .161 4 go� a s.. Cc ol d I V%\13 0 0 list go 0 Loll 1 0. ..so Is I p Is 10dol" vi ss� glossIll P. 61 P4 1 Is Is; Is 6 go 6 Is F: is % * : p :1. d % 6 4,,4. p flog It 6 :12 1 4 1 1 ZI 4 p Im d. lIP p -H d 47 lmP 0 Lr z p p Is 6 4 1 "fog Is d IIIIIII's sllIss"I'll Ills. by spl� 61 1 so, L 4 d 6l"*. o dsl Jc log"Il'L 4 It It 0�1 -<7 dill.11s M OIL" I d so d Robert Burwell Resident 21615 85th Pl. W. 8511 218th St. S.W. Edmonds, WA 98020 Edmonds, WA 98020 Janet Jensen Stanley Gallup 21601 85th Pl. W. 8513 218th St. S.W. Edmonds , WA 98020 Edmonds, WA 98020 Larry Norton Ronne Linnane 21609 85th Pl. W. 21614 84th Pl. W. Edmonds, WA 98020 Edmonds, WA 98020 Lynn Stark Eli Hamblet 21614 85th Pl. W. 21618 84th Pl. W. Edmonds, WA 98020 Edmonds, WA 98020 David Watkins 21610 85th Pl. W. Edmonds, WA 98020 M.E. Thompson 21703 85th Pl. W. Edmonds, WA 98020 William Wellington 22604 Edmonds Way Edmonds, WA 98020 Resident 21700 85th Pl. W. Edmonds, WA 98020 Keith Welch Builder 8505 218th St. S.W. Edmonds, WA 98020 V'�346 CITY OF EDMONDS NOTICE OF PUBLIC HEARING THE HEARING EXAMINER -WILL HOLD A PUBLIC HEARING THURSDAY, MAY 15 19 86 i -, ON THE FOLLOWING APPLICATION: FI�E- NO. V-13-86 4 PROPERTY ADDRESS AND LOCATION 21615 85TH PLACE WEST ZO i NE DISTRICT- RS-8 THE HEARING WILL BEGIN AT 7: 30 P-M., IN THE PLAZA MEETING ROOM, LIBRARY BUILDING, 650 MAIN STREET, EDMONDS, WASHINGTON. IF YOU WISH TO COMMENT ON THIS PROPOSAL, Y6uMAY 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 WA Rh N I N G! OF THE HEARING IS A MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTER MAY 15., 1986 I .'s AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Susan Painter depose� and says: FILE NO. V-13-86 APPLICANTRobert Burwell being first duly sworn, on oath That on the Sth day of May '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. k, Sioned Subscribed and sworn to before me this day of 19 Notary Public in and for the State of Washington. Residing at SLIZ My COMMISSION EXPIRES 6-1649. 0 !4' STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) Duane Bowman FILE NO. V-13-86 APPLICANT Robert Burwell AFFIDAVIT OF POSTER being first duly sworn, on oath, deposes and says: Sth May 86 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.A S i g n e d Jlmv- Subscribed and sworn to before me this day of I 9-s/z Notary Public in and for the State of Washington. Residing at MY COMMISSION -EX211IRFS 6 i6-89, i* 5 vc� mond's I ER E CORRESPONDENCE WOFFIC �`GAry McComas Fi re Marshal /U Bbbby Mi 11 s':. Publ i c' Works N Duane Bowman DATE 4/17/86 TO FRL gill i t! ---- 13L r Dcxll 44 SUBJECT V - 13-86 VARIANCE 7O.REDUCE REAR SETBACK,FROM REQUIRED 15'FEET TO 71-2 FEET AT 21615 85th'PL.- W. (RS-8) HEARING DATE: MAY 15t 1986 PLEASE RESPOND WITH YOUR':COMMENTS NO LATER THAN MAY lt 1986. THANKS. 719H PUBLIG WORKS. Cl r'� �DMOIVDS a . ov-4p� Tw, Edmondb ity of INTER -OFFICE CORRESPONDENCE Gary Mccoma Fire Mars hal Bobby Mills Public Works TO . f- Y FROM Duane Bowman SiT DATE 17 86 der Y-y Haullurtan ry--Iv- SUBJECT 'TO FEET. V-13-86 VARIANCE REDUCE REAR SETBACK FROM REQUIRED 15' FEET TO 71, AT 21615 85th PL. W. (RS-8) HEARING �DATE: ..MAY 15 1986 PLEASE RESPOND WITH YOUR' -COMMENTS NO LATER THAN MAY,� 1986 THANKS. ;> 411 719� � �z 0, q, �l City, of Edmonds FFICE CORRESPOII INTER -OFFICE CORRESPONDENCE "A 'I i MCC ii� ry 0 s ha17 Fire' Marshal Bobby Mills Public Works Duane Bowman DATE 4/17/86 To .... . 7t� 11" 1`31� H AfttDan--51 Emy. l —I FROM .. S U BJ E 6T 7O.REDUCE REAR' SETBACK, FROM REQUIRED 15tTEET TO 7-2 FEET V-13-86 VARIANCE AT 21615 85th PL. W. (RS-8) HEARING DATE: MAY 153 11986'. x'r R:COMMENTS PLEASE RESPOND WITH YOU NO LATER THAN -MAY-1, 1986. THANKS. R.E,C.E..fV ED APR 0:1986 EDMOND S FIRE DEEL 1� E C �!Y E D 3 co I o 0Xb �a� J PL) 0 A EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: V-13-86 HEARING DATE: May 15, 1986 I. REQUESTED ACTION: Variance to reduce the required 15' rear setback to 7 1/2' to allow an addition to the residence at 21615 85th Pl. W., Edmonds. II. APPLICANT/OWNER: Robert Burwell 21615 85th Pl. W. Edmonds, WA 98020 III. LEGAL DESCRIPTION: See Exhibit 2 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surroun��Area The subject property is located at the end of the cul-de-sac of 85th Pl. W. The lot is five sided irregular lot, with only 35' of frontage along 85th Pl. W. (See Exhibit 5). The Applicant is seeking to add onto the rear of the existing residence, but due to the irregular shape of the lot, he must comply with two 15' rear setbacks from his south and east property lines. Surrounding development is all single family residential. B. Official Street Map Proposed R/W Existing R/W Northwest - 85th Pl. W. 50' 50' C. Conformance to Chapter 20.85.010 1. Special Circumstances Special circumstances do appear to exist in this particular case due to the irregular shape of the lot, which dictates two rear setbacks. Staff Report Page 2 V -86 -13 2. Special Pn�i_vileqe The proposed variance to reduce the required 15' rear setback to 7 1/2' 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. 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 nor to any nearby private property or improvement. 6. Minimum Variance The requested variance does appear to represent a minimum variance request. V. STAFF RECOMMENDATION: It is the recommendation of the staff that V-13-86 be approved in that it appears to conform with the review criteria of Chapter 20.85.010 of the Community Development Code. 3 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 nF FACT V-13-86 ROBERT BURWELL Variance to reduce the required 15' rear yard setback to 7- W. 1/2' for a proposed residential addition at 21615 85th Pl NAME I �-s k PLEASE PRINT C E D JUN k1986 CITY OF EDMONDS QRY -0� EDM0'1yQ$RRY S. NAUGHTEN MAYOR 250 51h AVE. N. - EDMONDS. WASHINGTON 98020 - (206) 771-3202 HEARING EXAMINER FINDINGS AND DECISION OF THE HEARING EXAMINER OF.THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION FILE: V-13-86 OF ROBERT BURWELL FOR APPROVAL OF A VARIANCE DECISION: The variance is granted subject to the conditions lisLed. INTRODUCTION Robert Burwell, 21615 - 85th Place West, Edmonds, Washington, 98020, and hereinafter referred to as Applicant, has requested approval of a variance to reduce the required rear setback on property located at 21615 - 85th Place West, Edmonds, Washington. The subject property is more particularly described as: Anderson Park Block 000-0-00-Lot 6, Snohomish County. The specific variance requested is a reduction from the required 15 foot rear setback to a 7-1/2 foot setback on the subject property. A hearing on the request was held before the Hearing Examiner of the City of Edmonds on May 15, 1986. At the hearing the following presented testimony and evidence: Duane Bowman Planning Dept. City of Edmonds Edmonds, WA 98020 Robert Burwell 21615 - 85th Pl. West Edmonds, WA 98020 At the hearing the following exhibits were submitted and admitted as part of the record of these proceedings: Exhibit 1 - Staff Report 2 - Application/Declarations 3 - Vicinity Map 4 - Plot Plan 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 h a to Findings and Decibion of the Hearing Examiner of the City of Edmonds Re: V-13-86 Page 2 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 for the reduction of the rear setback on property located at 21615 85th Place West, Edmonds, Washington, and more particularly described as set forth above. The requested variance is for a reduction of the required 15 foot rear setback to a 7-1/2 rear setback on the subject property. (Staff report.) 2. The subject property is zoned RS-8- Section 16.20.030 of the Edmonds Community Development Code (ECDC) requires a 15,,foot rear setback for RS-8-zoned property. (ECDC and Staff report.) 3. The subject property is located at the end of the cul-de-sac of 85th Place West. it is a five sided irregular -shaped lot, with only 35 feet -of frontage along 85th Place West. On site is the existing residence which is a single -story house. (Staff report.) 4. It is the intent of the Applicant to add an addition to the existing house. Because of the size of the foundation the Applicant is restricted to expanding the one-story structure instead of adding an additional story. However, in order to expand the existing structure the Applicant must con- struct the addition to the rear of the house and such con- struction will encroach on the required 15 foot rear setback. (Bowman testimony.) 5. In order for a variance to be granted within the City of �Edmonds the criteria as set forth in Section 20.85.010 of the ECDC must be satisfied. These criteria include: A. 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. - - - - - - - - - - - Findings and Dec( on of the Hearing Examiner of the City of Edmonds Re: V-13-86 Page 3 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.) 6. Most lots in the City of Edmonds consist of four sides. The subject property is a five sided,irregular-shaped lot with limited width at the front of the lot. As a result, the Appli- cant is required to adhere to two rear setbacks of 15 feet. These setbacks limit the area for development on the subject property. (Staff report.) 7. The Comprehensive Policy Plan Map of the City of Edmonds designates the subject property as Low Density Residential. (Staff report.) 8. The requested variance will not pose any significant impact to private properties or improvements in the vicinity. The expansion of the existing residence will not be visible from the street. (Staff report and Declaration of Applicant.) 9. The proposed addition is to be located at the southeastern portion of the existing house. The requested setback variance will only be needed for one of the rear setbacks. (Exhibit 4.) 10. The Planning Department of the City of Edmonds has recom- mended approval of the variance. (Staff report.) 11. No adverse testimony was received in this matter. CONCLUSIONS 1. The application is for the approval of a variance for the reduction of a rear setback on property located at 21615 - 85th Place West, Edmonds, Washington. The specific requested variance is for a reduction of the 15 foot rear setback to a setback of 7-1/2 feet. 2. In order for a variance to be granted within the City of Edmonds the criteria of Section 20.85.010 must be satisfied. The application satisfies these criteria. 3. The subject property is a fiv&-sided lot. This results in the property having two rear setbacks. This creates special circumstances for the allowance of a variance. 4. The requested variance will not be a special privilege to 0 Findings and Dec( -on of the Hearing Examiner of the City of Edmonds Re: V-13-86 Page 4 the Applicant. 5. The requested variance is not in conflict with the purposes of the Comprehensive Plan or the Low Density'Residential designation of the property. 6. The requested variance will not conflict with the purposes of the zoning ordinances or the RS-8 zone district in which the subject property is located. 7. The requested variance will not create a significant impact to the'public, nor to nearby private properties or improve- ments. 8. The requested variance is the minimum necessary for the Applicant to properly develop the property. 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 for a reduction of the rear 15 foot required setback to one of 7-1/2 feet on property located at 21615 - 85th Place West, Edmonds, Washington, is granted. The variance is granted subject to the following conditions: 1. The Appl icant is to secure all necessary permits prior to construction. 2. Construction of the proposed addition to the existing house on the subject property must be as proposed in Exhibit 4. Any deviation from the dimensions of the proposed addition must be reviewed by the Planning Department of the City of Edmonds to determine if additional variances are necessary. Entered this 29th day of May, 1986, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. OLA J S M. DRIS OLL CC x H4inMg �ExamSiner a Findings and Deci -on of the Hearing Examiner of the city of Edmonds Re: V-13-86 Page 5 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, C ivic 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 June 12, 1986.