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22000 HIGHWAY 99 (2).pdfnor. 0 0 0 Icl konu JAMES I. MUNSON III 400 - 108th Avenue, N.E. District Engineer BELLEVUE, WASHINGTON 98DO4 SHELL OIL COMPANY (206) 453-3022 I 7 CITY OF EDMONDS BOARD OF ADJUSTMENT APPLICATIO'N FOR VARIANCE FILE 2417- -DATE July 19, 1977 FEE ___ - $25.00 - REC'T # 1r),1A, I HEARING DATE:0--l-7 -:71 APPLICA.HT: SHELL OIL COMPANY ADDRESS 400 - 108th Ave. N. E. PHONE: 453 3022 Herlevue, Wa. 96UU4 Indicate type or degree of interest in the property: 5,6'4vlee 5,-#71-0,W OWNER: SHELL OIL COMPANY ADDRESS: Above PHONE: Above LOCATION OF PROPERTY (ADDRESS) LEGAL,DESCRIPTIO111 OF PROPERTY: 22000 S. W. See Attached . 99, Edmonds, Washington 98020 L U "ED & AP �' I EGAL DESCRIPTION CHECK PROVED x' USE ZONE: CG By Planning Department AeAf? -Z44 W.�>.0 ZOINING ORDINANCE REQUI RE[IENT: Otvi4d-inr, 86ylaeburow must be set back-irej from the public (/Z. /-5. x re cs) right-of-way on Hwy. 99. VARIANCE REQUESTED: To allow installation of 24' X 48' pump island cover; one (1) end of which will be coincident with the property line on Hwy. 99. STATEMENT OF COND ITIONS AiID REAS01'.1S FOR REQUEST, IN ACCORDANCE UITH STANDARDS AtHD CRITERIA "I ATTACHED: The service station at 22000 S. W. Hwy. 99 does not have a pump island cover. The majority of competitors do have covers. Thereby providing a customer convenience� not available at our station. e-re-?- .,.f STATE OF WASHINGTON) ss. ignature of Applicah'L,, Ovirre ti Ve! /,,i COU;1TY OF SNOH0611SH) On this date, before me, the undersign Vd, a "o-ary Public in and for the State of i0ashington, duly commissioned and sworn, personal'iyL'ao,,,eat-ed,;��pvcsr.g!!�/"gOA�-= being duly sworn, on his/her oat,�i deposes and says that (s)he has prepared and read the fore- going statements and has ackno,,-iledged to rie that the recitaCions contained therein are true, and has signed this inst-rutnent as his/her fr-ce and voluntav­., act and deed for the purposes therein mentioned. Subscribed and sworn to before i-,ie this /if d a y of '_�14_ ..f -esiding at� �Ioe4o"'6 Notary Public in and for the State of 'Washington. -7777 --46r-- 7 AWL �77 Page 2. City ok Edmonds Board of Adjustment Application for Variance Installation of the cover will provide customer comfort and is expected to improve the station operator's ability to market effectively. Granting of the variance will not require rezoning nor will it grant the applicant any unfair and/or special privilege. (see "Alligations of Applicant"). Granting of the Variance will not be materially detrimental to the property or improvements in the vicinity and zone in which our property is situated. On the contrary, the installation will enhance the vicinity by architecturally improving the overall site. -1 POINT 1. The following are the special circumstances which apply to my property which deprive me of rights and privileges which are enjoyed by other properties in the vicinity under the identical zone classification. Within 1/2 mile of the Shell Station, there are 4 competitive units that have island covers; each less than 10' from the public right-of-way. Island cover at station across the street (Texaco) is within 2' of the prop4rty line on Highway 99. POINT 2. The variance I am requesting will not be detrimental to the public wel- fare or injurious to the properties or improvements in the vicinity of a zone in which my property is located.because: Installation of a pump island cover will not infringe upon the public right"Of-way. It will architecturally enhance the site, and will improve customer convenience'. continue POINT 3. If this variance is not granted,.an unnecessary hardship will to the owner of this property, the cause of which is beyond his control because:, The service station operator will not be able to realize any improvement in business that is normally expected.;Jthat is attributable to the island cover installation. POINT 4. So as not to grant a special privilege to me by the granting of this variance I submit the folloNing conditions to be imposed so as not to cause in- consistencies with the limitations upon other properties in the vicinity and zone in which I am located. The applicant does not feel that a special privilege will have been realized if we are granted approval of this request for variance. On the contrary, numerous competitors in the vicinity now have island covers. Ir 17 Record rindinqs of Fact 1)3 Board of AdJurtment ' Y The Board of Adjustment ror tile City of Edinonds finds in the case of -variance at File No. request for the following: 19 Tha t no I cc was g i ven acco rd i-n g' to Code requ i remen ts and Af f i dav i ts a ttes ti ng to same are 'in the file. 2,. That tile foregoing -set forth Standards and Criteria each have/have not been met. 3. In addition thereto, 4. Therefore, the request for variance is DarMO/Grantedt subject to the following special condi tiotis: 5. Section for thb.subject ditional 12.16.110 and i f a �rope rty within use pe'rmit or variance bui I di ng one year shall be permi t and/or occupancy Mrmi t i s not obta i ned from the dite of the Board's decision, the con- automatically null and' v.oid.--- 6. Decision*shall be effective on: DATE D: C? �r Chainiian, Boa.rd o DATA Date of Hearing: Date of Application: Continuances: Date of Publ i cation:. �,k Date of ll o s t i n g: Date of Appeal frovi Dccisfon of thc Board: nt Secretary,* B,oard of Adjustment r �ry '00�. 1416 6,411 n 91 That portlon of Northwest quarter of Southwest quarter of Se tio, 2 TOWTZIMA�4p ir-1 AN107GO.* AEM.Ge mst, W.M., descr-ioed as oi-Lowss cc=enaing at the Nortbhwdst corner of said Northwest quarter of Soutbwest C larter; thence South 8 0 5 11 Ea -ie Northline thereof PY -9 0 'IT along tl 51.83.feet; thence South 25*44tOO" Vest 33.06 feet to the true point of beginning; thence contix=ing - South 25044,0011 West 3.25 feet;* -'thence South 440j.7r2z, East 57-93 feet,,p- thence South 25044110011 Vle t 30 feet; a th�nae, Sou - 60 feet to the West marg4n of Urdted States Mghway th 89*061!7"'Eas"t. 99; thence North 25*4410011 East along said margin 2W feet to the S'outla margin. of 220th. Street Sout#west; thence xorth 89*06117Y West along sa:Ld max"gin 3.20 feet to the true point of beginning. Situated In Snohomish Ccnxnty.* Washington. Property adjacent -Shell station - held in joint ownership by: i s wife a46� AAold R� Bergh & Shirley J. Bergh, h VO y, his wife John W. Harvey.& Laura S. Harve Robert E. Flbre I r & Nancy 0. Florer, his wife Karl I. Sifferman & Iris Sifferman, his wife 1� 0 IL R ;Ewa IA,S7,f ZZ471 lye' ,24 'A 48 ' eollvx j R 121 ig' 17/ c k-C�24 X 9 0-,o Ve 4 L R 20,0.,!9 j-,,-Z U )l SHELL OIL COMPANY P1,0 7' P4,9,V HWY JF? i I/A //WY 7 E 4e�UCTIVA): 1130' I- I m NOTICE OF HEARING PETITION FOR VARIANCE -M=1Z7=U[,1MSL-JHWtT -BY EDMONDS BOARD OF -ADJUSTMENT All' interested persons are hereby notified that Wednesday, the 17th day of August 19 77' has been set as the date for hearing petition filed by Shell Oil Company for a variance - aan3dfttwa1za=pemWt of 20' from required front yard setbac1c for,gas station pump island cover at 22000 Highway 99 said property being zoned CG and legally de'scribed as follows: That portion ol' IT=-L�,hwest--. qu.-_urt' S01-14'1r,'Iest quarter. Of Sec'%1-0:LQn 29, To;, rn E Ca -I p .27 Tlorthj Plar-7,e 4 Eal L,., des-drilbed as -.-:"O2.jO1 :3 L !..Cc.-"r,,erc.1ng at. the I-Torth q-ist ccrrzer-of .aic. livie b t quarter oi Southwest cpa a r I.- er ; t-her.ce Soutt-Ir 1 8119 01 611-1 11 East, 011 7 " a iforth 11ne th-areo-Fl. 75-1-033 feet; -th-ence sollith 25"104tooll "I'l i _33.00, feet to the. true I)oj..i,.t of besim-d-nfr; -thence ccntin-Ud rir,-� '3outh 2r-04.410oif Ileat 125 f Cc -b; * then-ce Soulth 4. 44>1711211 511b 57-93 :�aet--; -thence 8-otv"I"i 2501", 001, '�-;Cst 30. feelk;; 11, oe S 612 t h 8 9 0 0 0 7 F, -a Ot, 6, 0 f 0 e t a -t-Irl-8 of LT-ii-i-bcd Statez-ILI.06 -a la r ther-c- ijortl alor- scald rn_arLr,1ftn 200, f c e t to the sout h r margi-i of _0210th Sitxnet­zoilthTest; then_,c�� I-Torth 89-0061!711 1,11-1st alonZ; a: L d, maxsln _12�0 feet to 'U'lle trilie poirit of b e, J_rLn4jS.' S:Ltuated i--i sqohomiuh -Cvx-,t-j, trashLinc`on. Said hearing will be at 7:30 P..M. in the Council the. Civic Center, Edmonds, Washington before the Board of Adjustment and all interested persons are invited -.to appear. IRENE VARNEY MORAN City Clerk, City of Edmonds FILE NO: V-38-77 PUBLISH: 8-3-77 AFFIDAVIT OF STATE OF WASHINGTON ss COUNTY OF SNOHOMISH THOMAS J. COAD, being first duly sworn, on oath TRIBUNE -REVIEW, a weekly newspaper. That said newsT by Court Order No. 38282, and is now and has been for more after. referred to, pu newspaper in Snohom said time was printed i of said newspaper, County That the annexed is a P BLICATION ;es and says that he is the Publisher of the EDMONDS . is a legal newspaper and has been designated as such i six months prior to the date of the publications herein- hed in the English language continually as a weekly -i County, Washington, and it is now and during all of an office maintained at the aforesaid place of publication that it was of general circulation in said Snohomish ecopyofa. Notice of Hearing ition File #V-38-77 as it was published in egular issues (and not in supplement form) of said news- paper once each week for a. period of one XMJEMXXK weew, commencing on the 3?d day of August 1977 -3 and ending on the day of 19 both dates inclusive, end that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ 5-26 —, which amount has been paid in full, at ti-L rate of $.2*-00— a hundred words for. the first insertion and $ — a hundr d words for each subsequent insertion. Subscribed and sworn Notary Public in and Rffomiomlell' before me this3rd day of AU9"t _? 19 77 r the State of Washington, residing at Edmonds, Wash. �TnX NO: V��17 �'.�MLWU - D: 8-3-77 252 j I - NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A PUBLIC HEARING WILL BE HELD BY THE ..................... A ......... AN APPLICATION HAVING BEEN FILED FOR. .... Faomr .... YAA.h.... J.0 4dog.o.4. VX ... 0045 ..... PAMP ... qmwmovo .... CA V . .... .............................................................................. PROPERTY DESCRIPTION OR ADDRESS:.;20w;t#.. ............ ................................................................................... .............................................................................. ZONE CLASSIFICATION:. .... ......................................... TI M E & DATE OF H EARI NG.1-. 17 - Z7. TIME DAY DATE THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF TH - E EDMONDS CIVIC CENTER, 5th AVENUE AND ' BELL STREET. ANY PERSON INTERESTED'IN THIS PROPOSAL MAY APPEAR IN SUPPORT. OF OR IN OPPOSITION TO IT. COMMENTS CONCERNING THE APPLICATION MAY BE SUBMITTED PRIOR TO OR AT THE MEETING, IN PERSON OR IN WRITING. ADDITIONAL INFORMATION MAY BE OBTAINEDAT THE PLANNING DEPARTMENT (PHONE 775-2525 EXT. 227). IN THE EVENT THE AGENDA IS NOT COMPLETED ON. THE ABOVE DATE, THE PUBLIC HEARING WILL BE CONTINUED TO THE NEXT REGULAR MEETING AT THE SAME TIME AND PLACE. FILE NO...Va��'fr�7.7 ...... . PUBLISHED .... J�'�-77 .... The removal, mutilation, destruction, or concealment of this notice prior to the date WARNING! of the hearing is a misdemeanor punishable by fine and imprisonment. . it, w tn F Woo LM Zb 00 - it F PLANNER'S VARIANCE REVIEW FORM FILEA/ - 513- 13 AP P L I CANT: ��21A T—=k L 0 1 L C,(). ADDRESS: ZZ 0 0 0 kA o 9!?A ZONING: VARIANCE REQUESTED:___2 01 J 064A. ZONING CODE REQUIREMENT: hX 2-o' J�m OTHER PERTINENT FACTS: A Lt4 _YVJ O\lr VARIANCE CRITERIA - Section 12.16.100 1. Does this amount to a rezone? - Ko 2.(a),Are there conditions and/or c' Jrcumstances not genprally plicabl� to pth lands in the same district?,lKe) ,(b) Would strict enforcement of the zoning code deprive the pro erty owner of ri ht commonly enjoyed by other -properties ii the same di s tri ct? 3. Do the special conditions result from the actions of the applicant? JIAA'. 9 Y C:ft-.-r - %K % -a 1) 1 0 V J *� ) t ot I,. I - rv, "', 4. Are -there unnece'�sary haNdsh�ips andjpractical diyfficul. ies which to carry out the provisions of the zoning code? 0 - IN -.0" - i 5. Will t5e granting of th'� variance 6ke-Jetrimeptal to the (bealth,Qsa of property owners in the vicinity?_U4 AAz) r it difficult or welfare 6. Is this the minimum varianU that i'll make posisiBle the reasonable use of land? 7. Will the gra ing of the varian e e.nerally be in Nrmony �nd compatible with this zoning code? ]�A &RA4.*f A 71\ 1 *4) %F 4- a4bdcL 0 0)0 lanner's Variance Review 11/76 -7 -7 f�c� ry\, VVLs tA C) . t_,O�L OCL. CITY OF EDMONDS CAVIC CENTER EDMONDS* WASHINGTON 98020 0 (206) 775-2525 COMMUNITY Dr:VP-LOPMGNT DEPARTMGNT DATE: September 7. 1977 TO: Shell Oil Company 400 108th Avenue N.E. Bellevue, WA 98004 TRA14SMITTING: Board of Adjustment Meeting Minutes of August 17, 1977, AS YOU REQUESTED: FOR YOUR INFORMATION: X AS WE DISCUSSED: FOR APPROVAL: FOR YOUR FILE: REVIEW AND COM-ENT: C0114ENT AND RETURN: MINUTES OF MEETING: REMARKS: HARVF- H. HARRISON MAYOR PLANNING DIVISION Em. a lesser lot size where there is not an overwhelming requirement to do so. Ms. Block said the lot with the house on it is 11,070 sq. ft. and would be under minimum requirements if divided as the applicant wishes, but the setback requirements are met. Access to the bottom lot would have to come from the -unimproved 8th Avenue and any subdivision of this property -would be contingent upon 8th Avenue improvements before construction of any houses on the lower two lots. Lots A and B would access off of 9th. Mary Lou Block continued with admission of a letter from Mr. Ralph D. Lauridsen of 14844 Woodlawn Avenue, Dolton, Illinois, owner of property adjacent to Mr. Kasper's at 643 9th Ave. North. He requested use of an easement for access between the two properties, and requested'that adherence be made to the 12,000 sq. ft. minimum lot size. The public portion of the hearing was then open. Don Schroeder of 528 8th Ave. North spoke against the variance as being unnecessary and detrimental to the neighborhood and requested retention of the 12,00b 'sq; ft. minimum. Mr. William Kasper spoke regarding his application as the prospective buyer of Capt. Einmo's property. He said the lot with the house on it facing 9th Avenue is for sale, and he will build a rambler home on one of the lots. Mr. Kasper explained further about the contour breaklines and sloping grades on the property map depicted, saying he wanted to permit the lot to be cut off at the contour rear line at top of the six-foot rockery retaining 35 ft. of rear yard and major fir trees in lot B. The distance from the top of the rockery line to the bottom . was guessed to be 81-, ft.' Mr. Kasper also asked the Board to. consider the amount of footage taken by the 9th Avenue street improvement program in this variance request. The public portion was closed. ED ROBINSON MOVED.THAT V-36-77 BE DENIED BECAUSE IT IS NOT A MINIMUM VARIANCE AND THE DENIAL IS CONSISTENT WITH THE STAFF"') RECOMMENDATION, BILL LERAAS SECONDED THE MOTION. MOTION CARRIED. AGENDA V-38-77 SHELL.OIL COMPAN - Y -. Vari.ance of::20 ft. from required front setback for gas station -ump.island cover at 22000 Highway-99 (CG) P Mary Lou Block stated this request was.for the installation of a 24' x 48 ' pump island cover near Highway 99, and according to zoning requirements,the pump island must be set back 20 ft. from the public right-of-way on Highway 99. This Shell Oil service station does- not have a pump island cover at the present time and the majority of the competitors do. Ms. Block showed a diagram of their proposal and stated that several competitors do have pump island covers closer than the 20 ft. minimum requirement in that same area. The station was built in 1961, prior to the adoption of the Zoninq Code. Ms. Block statedthere was a hardship because in order to cover the pump island now it would be necessary to further invade the setback. The proposal of the applicant is to allow the 24' x 48' pump island coverto front on the property line of Highway 99. Ms. Block said she had spoken with the State Highway Dept., and there was no objection to this variance as the pump island itself invades the setback. The variance, she continued, would be in harmony with tfie Code,and would not harm adjacent properties,and would allow the applicant to upgrade his station. Therefore, approval was recommended. The public portion was then opened. Mr. Jim Munson, the District Engineer for Shell Oil Co., of 400-108th Ave. N.E., Bellevue, showed slides of the station as it exists now, and slides of other competitive stations in the same area. He also showed another Shell station with the same type of cover to be built over this pump station. The posts would be on the island columns. Discussion followed as to the pump cover's installation. There was no one else in the audience who wished to speak, and the public portion was closed. HARMONY BILL LERAAS MOVED THAT V-38-77 BE APPROVED, IT APPEARS TO BE IN WITH THE SURROUNDING AREA AND IN FACT, THE COVER WILL ADD A LITTLE DECOR TO THE AREA AND IS NOT DETRIMENTAL TO THE HEALTH, WELFARE, AND MORALS OF T'AE NEIGHBORHOOD,AND SURROUNDING COMMUNITY. MR. McQUADE SECONDED THE MOTION, MOTION CARRIED. EDMONDS BOARD OF ADJUSTMENT August 17, 1977 - Page 2