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21920 HIGHWAY 99 (2).pdf4040"0 I EX H I BIT 2 CITY OF EDMONDS HEARING EXAMINER APPLICATION FOR VARIANCE APPLICANT Commercial Design Associates, Inc. F7 V DATE FEE ­ RE CT APO'S HEARING DATE: ADDRESS 4230 - 198th St. S.W. CITY & ZIP Lynnwood, WA 98036 PHONE - 771-2300 INDICATE TYPE OR DEGREE OF INTEREST 114 PROPERTY Owner's representative LOCATION OR ADDRESS OF PROPERTY 21920 Highway 99 LEGAL DESCRIPTION OF PROPERTY See attached VARIANCE REQUESTED: To construct canopy over an existing gasoline pump island that is located within the building setback. FOR OFFICE USE ONLY: USE ZONE: ZONING ORDINANCE REQUIREMENT: Release/Hold Harmless Agreement The undersigned applicant, his heirs and assigns, in consideration for the City processing the application agrees to release ' indemnify, defend and hold the City of Edmonds harmless from any and all damages and/or claims for damages, including reasonable 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 PropertV The undersigned applicant grants his, her or its permission for public o r'ficials and the staff of the City of Edmonds to enter the subject prcrp.erty for the purpose of inspection and posting at�endWit to this application. j , J A 'Signatur'e6f Applicant, Owner or Representative : I a 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? Due to t� �widen' )f 220th St. S.W. along tke souL�� access to.the gasoline._pu hin�dered �bt�heen�croac�hment �mis_land _is�reatl� of new riqh't-of-way line In order to miti ate the anticiag.� —Fe—venue the Owner's would Me -to conSEXUL-L, a Callvpj to make the gas pump area more attractive and weather protected. 2. liow does your property differ from other property in the same vicinity? As the property now exists vehicular circulation into and within the site is barely adequate, The loss of property due to the wid�ninq_gf 220th St. will only worsen this problem. In other words, this property is paZIEq a greater penalty tha.n other properties affected by tie new roadway. 3. will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? It should have no detrimental effect to the public. 4. What hardships will result to You if the variance is not granted? action? Will these hardships have been caused by your own The hardships as stated in Item No. 1 above are caused by the actions of others that the Owners have no control over. 5. Can you make reasonable use of your property without the variance7 Use (gasoline sales) of the propert� as it now exists would be reduced . .. --c ),)n+k q+ Hnwpver. the qranting of the variance may -4 -"- - mitigate this restricted use. 0 16 PAM a 4.1-4ri P p PROPOSAL FOR STANDARD FASCIA M 0144 Z 5 w CL W z 0 0 CE z LJJ LL. IL -J LLJ J- fr F- EXH IBIT 3 :3--1 112" 3*-1 112* -p 'i - D" EAST ELEVATION WEST ELEVATION SIGN DETAIL EXISTING ANODIZED ALUMII,13UM 57OREFROW 21TA-11011i WAM SHEET METAL ROCF NO LLUMINATED SIGN FASCJA OVER EXISTNG CANOPY PAINTED METAL AccEwr BAND OVER EXISTING CMLI WALL NORTH ELEVATION EXISTING CMU WALL EXISTING DUMPSTER ENCLOSURE SOUTH ELEVATION (4)J,1l GAL-------\ JAPERus C= I NEW PUMP ISLAND CANOPY PF4XX1MBl -N INTERNAL ILLUMINATION (3)RHODODENDROl i 'GOMER WATEREW NY 18* O.C.-2 114 HEDEMA HELIX *BALTICA'\ CANOPY-'tk'EVATibNS UGHTIN [EMOVED NEW 7-11 SIGN - INTERNAL ILL."INAM4 NEW PROPERTY LINE-� NEW 40' WOE Cl CUT PROPERTY TO BE DEDICATED FOR Will OF RDW. 220H, GI'12F--ET G.W. O.C.-2 114* POTS HELIX -BALTICA' X)DOCRON-30- k* WATERW 02, VICINITY MAP Will Mlt3L.1. 4. .� BUILDING SETBACK LINE PUMP ISLAND CANOPY ?-I I SIGN - INAL ILLUMINATION CONCRETE SIDEWALK SIGNAL POLE LOCATION IVY 18'Ol 114'POTS HEOERA HELIX 'BALTICA' NOTE: SCREENED BACKGROUNE INDICATES EXISTING CONDITION! SITE PLAN 1' - 20' I `4 A P VICINIT Y EXH I BIT 4 157 Qo 11009 210 N.W. 1/4 SECe 29 T.27N.; R.4,E.W. m 04 rbR 21014 NJ NJ 1% x 4 1018 21022 ito lql t PVD, 21010 6w 2JOLO N 10 210-sl I-Pito J03, C-OWDO 215 w jv I L7 III Z19 ; 20 4 Z19210 HELL CAM91 22011 so ww IL Q : I 0 r; ?�O'ro -Z Z - J7 L -4;2 r,;r,? (2 Sk" k, A &!k4 D2,v . 6,kla- ""':f -t- Michael Meadows commercial Design Associates 4230-198th St. S.W. Lynnwood, WA 98036 Richard Hertzog 7321-220th St. S.W. Edmonds, WA 98020 Rachel W. Martin 21908 Highway 99 Edmonds, WA 98020 Shell Oil Co. 22000 Highway 99 Edmonds, WA 98020 Arnie R. Bergh 22002 Highway 99 Edmonds, WA 98020 Resident/Owner 21920 Highway 99 Edmonds, WA 98020 FILE NO. V-1 6-86 APPLICANT Commercial Design Assoc. AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Susan Painter being first duly.sworn, on oath depose� and says: That on the 27th day of June —,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. Si gned Subscribed and sworn to before me this day of 41� I 9—fz Notary Public in and for the. State of Washington. Residinq at MY RPIRES 6.1 i STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) Duane Boman V-1 6-86 FILE NO. Commercial Design Assoc. APPLICANT AFFIDAVIT OF POSTER being first duly sworn, on oath, deposes and says: That on the 27th day of June 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 i 91L. Notary Public in and for the State of Washington. Residing at MY COMMI SION EXPIRES 6-16-89- k f CITY OF EDMONDS NOTICE OF PUBLIC HEARING HEARING EXAMINER I tit TUESDAY, JULY 8, WILL HOLD A PUBLIC HEARING 19- 006 ION THE FOLLOWING APPLICATION: FILE NO_V-16-86�- o 5' Fog GAS aLNDRY_ VARIANCE TO REDUC� TH--- RED[ITRFn 15' STREET S_ETBACK T PROPERTY ADDRESS AND LOCATION 21 ZONE DISTRICT CG (GENERAL COMMERICAL) 7:30 P CONFERENCE ROOM OF THE COMMUNI- M., IN THE. LL BEGIN AT EARING WI IF YOU WISH TO COMMENT SERVICES BUILDING, 250 FIFTH AVENUE NORTH, EDMONDS, WASHINGTON 0 THE HEARING ANP SPEAK. YOU MAY ALSO WRITE A LETTER THIS PROPOSAL, YOU MAY COME T LEASE ADDRESS THE LETTER TO YOUR VIEWS WHICH WILL BE CONSIDERED AT THE HEARING. P UDE THE ABOVE FILE NUMBER..', PLANNING DEPARTMENT AND INCL NDA IS NOT COMPLETED, OR NTINUED TO ANOTHER HEARING BECAUSE THE AGE E ITEM IS CO ATE OF THE CONTINUED HEARING WILL BE ANNOUNCED ONLY FURTHER INFORMATION IS NEEDED, THE D E MEETING. AT TH :.'ADDITIONAL INFORMATION MAY BE OBTAINED AT THE PLANNING DEPARTMENT, 250 FIFTH AVENUE PHONE 771-3202, EXTENSION 252). -.NORTH, EDMONDS THE REMOVAL, MUTILATION, DESTRUCTION, OR NOTICE BEFORE THE DATE IL IL CONCEALMENT OF THIS OF THE HEARING IS A MISDEMEANOR PUNISHABLE ING! BY FINE AND IMPRISONMENT. JULY 8, 19806 THIS NOTICE MAY BE REMOVED AFTER p6Skd Q_fiW,�&d 612,71-& i of monds JON ORRESPONDENCE -OFFICE C Bobby mill,g_ PS Jim tic, �hjons PUB Gar'y- McComas' - Fire Marshal Jerry Hauth/Dan Smith. E.ngineeri*ng Duane Bowman June 12, 1986 FROM DATE TO SUBJECT 'GASOLINE PUMP ISLAND V4-86 VARIANCE TO.CONSTRUCT-WOH OVER'AN EXISTING. D WI'HIN*THE'BUILDING SETBACK AT 21'520 HIGHWAY 99 (.CG) THAT 1S LOCATE T HEARING DATE: JULY 3, 1986 PLEASE RESPOND-WITH,YOUR COMMENTS -NO LATER THAN -JUNE 1986. THANKS. N A City of Edmonds INTER -OFFICE CORRESPONDENCE Bobby Mills P R. Gar"y-mccomas Fire Marshal eri.ng Duane Bowman June 12, 1986 Jerry Hauth/Dan Smith.- Engine FROM DATE TO SUBJECT V-1686 VARIANCE TO.CONSTRUCT CANOPY OVER AN EXISTING.'GASOLINE PUMP ISLAND THAT I*,S. LOCATED WlTHIN'THE-BUILDING SETBACK AT 21920 HIGHWAY 99 (CG) HEARING DATE:* JULY 3, 1986 -JUNE"20' 1986. PLEASE RESPOND-WI,TH YOUR COMMENTS -NO LATER -THAN THANKS. Iv RECEIVED JUN 13 1986 ENGINEERING e CITY OF EDMON13S LARRY S. NAUGHTEN MAYOR EDMONDS, WASHINGTON 98020 (206) 771-3202 250 5th AVE. N. COMMUNITY SERVICES PETER E. HAHN DIRECTOR DATE: July 9, 1986 TO: Diane L. VanDerbeek Suite 600 Seattle Trust Bldg- 10655 N.E. 4th Street Bellevue, WA 98004 TRANSMITTING: SI'GN-UP SHEET FOR V-16-86 AS YOU REQUESTED: FOR YOUR INFORMATION: xxx AS WE DISCUSSED: FOR APPROVAL: FOR YOUR FILE: xxx REVIEW AND COMMENT COMMENT AND RETURN: MINUTES OF 14EETING: REMARKS: cc: Colleen Betteri.dge PLANNING DIVISION Susan Painter PUBLIC WORKS PLANNING 0 PARKS AND RECREATION 0 ENGINEERING PLEASE PRINT YOUR NAME AND ADDRESS BELOW IF YOU WISH TO SPEAK ON THIS 'S FINDINGS ITEM AND/OR WISH TO RECEIVE A COPY OF THE HEARING EXAMINER OF FACT V-16-86 COMMERCIAL DESIGN ASSOCIATES Variance to reduce the required street setback from 15' to 51 21920 Highway 99 for a gasoline pump island canopy at NAME ADDRESS -NwA) POLI"t jv 9()g S (!]�V &yL &-Cl- jkX UJ A '+E 3-0o 61 '1 A �9 6 0 t EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: V-16-86 HEARING DATE: July 8, 1986 I. REQUESTED ACTION: Variance to reduce the required 15' street setback to 5' to allow a gasoline pump canopy at 21920 Highway 99, Edmonds. II. APPLICANT/OWNER: Applicant: Commercial Design Associates, Inc. Attn: Mike Meadows 4230 198th St. S.W. Lynnwood, WA 98036 Owner: Southland Corporation Attn: Dawn Hover 14450 NE 29th Pl. Bellevue, WA 98007 III. LEGAL DESCRIPTION: See Exhibit 3 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surrounding Area The subject property is located on the northwest corner of Highway 99 and 220th St. S.W. in Edmonds. There is an existing 7-11 convenience store located on the site. A gasoline pump island is located in the southeast corner of the lot. The Applicant is seeking to construct a new canopy over the pumps. The problem faced by the Applicant is that the City is taking 7 1/2' of right-of-way along the south property line and corner to widen 220th St. S.W. If the right-of-way were not be widened, the pump island canopy could be built without a variance. Surrounding development is entirely commercial. B. Official Street Map Proposed R/W Existing R/W South - 220th St. S.W. 70' 601 0 Staff Report V-16-86 Page 2 East - Highway 99 100, 1001 C. Conformance to Chapter 20.85.010 1. Special Circumstances Special circumstances do appear to exist in this particular case due to the taking of additional right- of-way for widening 220th St. S.W. 2. Special Privilege The pump island was constructed originally to the code required setback. Due to the taking of the right-of- way to widen 220th St. S.W., proposed variance does not appear to represent a grant of special privilege. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property and surrounding area as Commercial/Business. 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 CG. The proposed variance does not appear to conflict with the purposes of the zoning ordinance or the CG 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. The proposed canopy is for convenience of the public during periods of inclement weather. 6. Minimum Variance Based upon the circumstances, the requested variance does appear to represent a minimum variance request. 0 Staff Report V-16-86 MMMMM Page 3 V. STAFF RECOMMENDATION: It is the recommendation of the staff that V-16-86 be approved in that it appears to conform with the review criteria of Chapter 20.85.010 of the Community Development Code. 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 IN THE MATTER OF THE APPLICATION OF COMMERCIAL DESIGN ASSOCIATES, INC. FOR APPROVAL OF A VARIANCE DECISION: The variance is approved. INTRODUCTION REC El VED JUL 24 1986 CITY OF EDMONDS LARRY S. NALIGHTEN MAYOR FILE: v-16-86 Commercial Design Associates, Inc., 4230 - 198th Street S.W., Lynnwood, Washington, 98036, has requested approval of a variance to reduce the required 15-foot street setback to 5 feet to allow a gasoline pump canopy on property owned by the Southland Corpora- tion and located at 21920 Highway 99, Edmonds, Washington. A hearing on the request was held before the Hearing Examiner Pro Tem. for the City of Edmonds on Tuesday, July 8, 1986. At the hearing the following presented testimony and evidence: Duane Bowman Mike Meadows Planning Dept. Commercial Design Assoc. City of Edmonds Lynnwood, WA 98036 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 11 2 - Application/Declarations of 3 - Plot Plan/Elevations if 4 - Vicinity Map if 5 - Section of specification plans for the 220th Street widening project (diagram) 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 vicinity by the Hearing Examiner Pro Tem, the following Findings of Fact and Conclusions shall constitute the decision of the Hearing Examiner on this application. a Findings and Decision of the Hearing Examiner of the City of Edmonds Re: V-16-86 Page 2 FINDINGS OF FACT 1. The Applicant seeks approval of a variance to reduce the required 15-foot street setback to 5 feet to allow a gasoline pump canopy to be installed on property owned by the Southland Corporation and located at 21920 Highway 99, Edmonds, Washington. The property is currently fully developed as a 7-11 store. 2. The Applicant seeks permission to construct a new canopy over the gasoline pumps which are located in the southeast corner of the lot. 3. The property is zoned and used as commercial, and surrounding property is also zoned and fully developed for commercial uses. 4. The evidence establishes that the City of Edmonds is taking 7-1/2 feet of right-of-way along the south property line and corner as a result of the plan to widen 220th Street S.W. Without the right-of-way the pump island canopy could easily be built without a variance. 5. The evidence establishes that the pump island was constructed originally to the code with the required setbacks. 6. The Staff report, with its recommendation of approval of the requested variance, is incorporated herein by reference as though fully set forth. CONCLUSIONS OF LAW 1. The Community Development Code for the City of Edmonds sets forth a series of criteria which must be established in order for a variance to be granted in Section 20.85-010. 2. The first of these requirements is that because of special circumstances relating to the property strict enforcement of zoning ordinance would deprive the use rights and privileges permitted to other properties in the vicinity with the same zoning. In this instance, the Applicant has established the required special circumstances as a result of his ability to build the canopy structure to code but for the taking of the additional right-of-way on 220th Street S.W. 3. The second requirement for a variance is that the approval of the variance would not constitute a grant of special privilege. In this instance, the Applicant originally constructed the pump island to code. The requested canopy over the pump island does not constitute a grant of special privilege again as a result of the City's taking of the right-of-way to widen 220th Street S.W. 4. Further, the Applicant for a variance must establish the approval of a variance as consistent with the Comprehensive Plan. In 1-1, M 4 Findings and Decisiq " of the Hearing Examiner of"crie City of Edmonds Re: V-16-86 Page 3 this instance, the subject property and surrounding area are designated and fully developed as Commercial/Business. The approval of the variance is consistent with the Comprehensive Plan. 5. The Applicant has also established, by a preponderance of the evidence, that the approval of the variance is consistent with the purposes of the zoning ordinance and will not be signifi- cantly detrimental to the public health, safety, and welfare or injurious to the property or improvements in the vicinity and same zone. 6. Finally, the Applicant has established that the approved variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the same vicinity with the same zoning. n'M f� T C T nM For each of the above reasons, the decision on the requested variance is approval. Entered this _40 day of 1986. Hearing Examiner Pro Tem 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 (14) days of the date of the Hearing Examiner Pro Tem's final action. In this matter any appeal must be received by the Depart- ment prior to 5:00 p.m. on I L/(L <-1 - - 0