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22224 HIGHWAY 99 (2).pdfAll interested persons are hereby notified that weanesaay, -cne 18th October 78 day of 19 has been set as the date for hearing petitioh,filed by Ben Holt Industries for a variance from lot width and depth j5L %j a V I %J� I I U� I and all interested persons are invited to appear. I RENE VARNEY MORAN Ci ty Cl erk, Ci ty of Edmonds ,NOTICE OF �PUBLIC HEARING.�',�� NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A PUBLIC H EARI NG WI LL BE H ELD BY TH E ion, ......................... . . . A wj. 1. 4 9 Jv. e .4 /. F 0 R 4AF .AN APPLICATION HAVING BEEN FILED ......... .. ........... 14, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !PROPERTY DESCRIPTION OR ADDRESS:. ................ ............................................. . .......... b ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, �'ZONE CLASSIFICATION:,!6--..f ... R.MlV ............................... ,,,.'TIME &,DATE OF HEARING.1.86 ........ Joni ME DAY SW .4 x r� k�l r'�. T H E MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS C I V I C �'CENTER, 250 - 5th AVENUE NORTH. 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' IN WRITING. ADDITIONAL INFORMATION MAY BE,Jcv.., �1_ 'k, MEETING, IN PERSON OR OBTAINED AT THE PLANNING DIVISION (PHONE 775-2526 EXT. 227). IN THE 3,EVENT THE AGENDA IS NOT COMPLETED ON THE ABOVE DATE, THE PUBLI ING AT, THE-, SAM !,'HEARING WILL BE CONTINUED TO THE NEXT REGULAR MEET ND PLACE. _JIME A FILE NO. V ?.62 ...... PUBLISHED. 47c;1.7.1010 ... IT THIS POSTER MAT BE REMOVED AFTER Ion The removal, mutilation, destruct ' or MIL US ELM concealment of this notice prior to the date of the hearing is a misdemeanor punishable MIS 111ING01 by f Ine and Imprisonment. w STATE OF WASHINGTON, COUNTY OF SNOHOMISH, V B-2-1 M Affidavit of Pu6lication C The undersigned, beinog first duly sworn on oath deposes and says that she is Principal Clerk of the EVERETT HERALD, a daily news- paper printed and published in the City of Everettp County of Snoho- mish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County, and that the notice ..................................... NOTICE OF HEARING .................................................................................................................................... ........................................................................................................................................ .............................................................................................. e ........................................ a printed copy of which is hereunto attached, was published in. said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: October 2, 1978 ............................................... ....................................................................................... and that said newspaper was regularly distributed to its subscribers during all of said period, . ......... ............ i;� ......................... ..................................................................... . ... incipal Clerk 3rd Subscribed and sworn to before me this ........................ day of October 78 . ........... 19 ......... otary Pub'IW'in*'an*d**for the State of Washington, !siding at Everett, Snohomish County. AFFIDAVIT OF POSTER STATE OF WASHINGTON COUNTY OF SNOHOMISH � ss. Nancy Edgmon Luster being first duly sworn, on oath deposes and says: That on the 'day of 19 2,2, the attached Notice of Public Hearing was posted as prescribed.by Ordinance, and in any event, in the Post Office and Civic Center, and where applic- able, on or near the subject property. Signed]?" Subscribed and 'sworn to before me this day of Nota the S te of Washington residing at)C( 3 3 - 0,3 76 Zo T.1 - // S. /6 Z W = 0, �e-)IHIB17 3 .01 HEIV S. 8300s, 58-E.. d-5 Q D C) (01 .1 '/ I BUILDING- 'Q /.9 0 1 5f. '0 c CJDAJ-ba 0. 7 2r�n F 0 .5 %B0.01 7.- Zor Zwc ?,�5 Ay-ce 0,4 Zd—W�7# kVZD7 zo 7 4/A 1 40 7- V- 9& - WAj*--. MEYRING & ASSOC., INC. I -�W e0r. .0"00 ;4'oe &W.�"54 23423 Highway 99 0 9 7-Z N1 R 44- 'i- ..' Urnonds, WA 98020 *4L L P. .0. Box 32 Lynnwood, WA 98036 0 5.�/ 4�. rom lot width requirement at V-74-78 MARILYN LINDBERG - Variance f 19324 88th Avenue West. (RS-12) RECOMMEND APPROVAL FOR THE FOLLOWING REASONS: 1. It is a minimum variance to allow for the most reasonable use of the land. 2. All lot sizes will be over the code requirements (Lot C = 12,095 sq*ua're feet; Lot B 15,053 square feet; Lot A 15,053 square -feet) existing 3. it will allow the"applicant to retain an house without receiving a variance on a sideyard setback or moving the house. J.E. SIGN DESIGN - Conditional Use Permit for temporary parking lot at 9920 Edmonds Way. (BN) RECOMMEND APPROVAL. FOR THE FOLLOWING REASONS: plicant to have a temporary 1. it will allow the ap parking a . rea until definite plans are made on expanston of the building. g area is screened from the general view. 2. The parkin located at the end of 3. The proposed parki-ng area is so no gravel will travel to the an access easement public r.ight-of-way. CU-43-78 P. DUBOIS.& J. GRAUKE, M.D.IS Conditional Use Permit for 935 216th S.W. birth facility in existing medical clinic at 7 L FOR THE FOLLOWING (Suite E) (RML) - RECOMMEND APPROVA REASONS: ng 1. The birth facility will be located in an existi y qualified medical clinic and will be operated b personnel - 2. The clinic is within close proximity to Stevens Hospital, (approximately I minute) in the event that their facilities are necessary. ently not available 3.- It will provide a service that is pres in the Edmonds area. ntal to the ppblic -4. The birth facility will not be detrime health, safety, or welfare because of the qualifications of the -staff and the screening process that each patient is required to complete before she can use the birth facility in the clinic. IDUSTRIES Variance from lot width and depth ratio.., BEN HOLT 11 22224� Highway 99. '(CG &.RML)��RECOMMEN ��IAOPROVAL requirements at FOR THE FOLLOWING'REASONS: 1. it is a minimum variance to allow for the most reasonable division of this property. ublic health, safety, 2. it will not create a problem for the p or welfare. 3. All other code requirements will be met. they will be monitoring and assi-sting much as in a hospital. He said they would only be involved in a birth without a doctor in the event the doctor is summoned and birth occurs before he arrives. He was asked if they had equipment for infant distress and he responded that their equipment can indicate the distress before it actually occurs. He said they had discussed the use of the aid car with the Fire Depart- ment, asking about not using the sirens and they had indicated it would not be necessary for that distance. Mrs. Derleth asked if an informed consent form would be used to inform the patient of a possibility of increased risk. Dr. Grauke responded that they would, that the patients would be informed of the issues spoken to this evening, such as a prolapsed cord. He said they will know that in some events there is no way they can be, advised that they are at an equal risk or increased risk. Chairman Bailey said he was sure he was not biased in this matter, although he and his wife had lost a child years ago two days before anticipated*birth in a hospital. He said he knejq statistics go both ways. lie felt that this birthing facili ' ty being located in an exisfing clinic and obviously operated by qualified medical personnel would be a plus. He took a limited vi'ew on the public health and general welfare issue because he said, as Mrs. Luster had pointed out, that this would not apply to the general public, but only to a few. He felt the proximity to the hospital was excellent, and he noted that most emergency vehicles do not.use a siren in an emergency because it confuses others. He said *this type of facili.ty-is available in.Seattle, but -not in.Edmonds, so it.should be a plus for� those who want to take advantage of it. . MR. HOVDE MOVED, SECONDED BY MR. ROY, TO APPROVE CU-43-78 BECAUSE,HE FELT IT WOULD BE OF BENEFIT TO THE PUBLIC HEALTH, WELFARE, -AND 11ORALS, *IN THE LIGHT OF PROVIDING A BETTER ALTERNATIVE THAN HOME BIRTH. AND THAT IS THE RESPONSIBILITY OF THE BOARD AS PERTAINING TO THE HEALTH AND WELFARE OF THE PUBLIC. FURTHER, THAT THE NOISE FACTOR CAN BE TAKEN CARE OF, AND ESPECIALLY SINCE THAT BUILDING IS A CONDOMINIUM AND THE OWNERS OF THE BUILDING WILL CONTROL NOISE. MOTION CARRIED. A short recess was announced. .�BEN�tiOLT�,:INDUSTkIES,..�,..Va�iance'from lot.wi.dth,,and depth.,ratio, require, G ��,mL-nt,-at�',',�222,24,,.'Highwa 9� sentative present.,JHEREF - OR . E�,;. MR.':�ROY� 140V,ED,��' !'SECO'N'DtD There.was no repre BT.41R. HOVDE,' TO -CONTINUE V-7 ER 5,,1978 !BECAU't&C&"*1Ak'.'-"" .6�-78'TO,"f'iOVEM.B, ­'&'�THE PRESENCE OF: A REPRESENTATIVE.�' � MOTION: CARRIED V-77-78 PAUL ROY - Variance from required front yard setback at north side of Edmonds St., east of 8th Ave. (RS-6) MR. HATZENBUHLER MOVED, SECONDED BY MRS. DERLETH, TO CONTINUE V-77-78 TO NOVEMBER 15, 1978 BECAUSE IF MR. ROY WERE EXCUSED FRO14 THE BOARD FOR THIS HEARING THE BOARD WOULD LACK A QUORUM. MOTION CARRIED. AP-2-78 & MRS. F. CUNNINGHAM - Appeal to the Board of Adjustment from determination by the building Official of the definition of front yard at 1233 Olympic View Dr. (BN) Mrs. Luster noted that the members had received co I pies of minutes from various meetings where this iteni had beoll either directly or indirectly addressed, the earliest being tlarch 28, 1978. She said the City Council had received a letter from Mrs. Cunningham regarding this item in which she stated she was aware of this setback problem as early as February when the Planning Department informed tier of the setbacks. The property I 1 11 1 j­ in od by Don'VanDriel WhiC11 is Lhe subjeCL 01 Lhe appea . si e nt, � V and it fronts on two public strects and therefore must maintain front yard setbacks frol,.1 those two streets, a 10' side yard setback, and a backyard setback, the back yard being opposite whichever of the two front yards the owner selects. This property is being developed as a neighborhood business with residential use oil the upper story, and Mrs. BOARD OF ADJUSTMENT -Page 7 - Octobe*r 20, 1978 Mi va PLANNER'S VARIAN E R VIEW FORM F I L E #_V.:��9 S� APPLICANT: I�P-N NO I � e-\ S Ll C ZONING: ADDRESS: CL Ll H 0 '.d - t VARIANCE REQUESTED: In—f c.( ZONING CODE REQUIREMENT: W 1'eq +-)-) - / co*�\ OTHER PERTINENT FACTS: VARIANCE CRITERIA Section 12.16.100 0S -'k4 1. Does this amount to a rezone?-)%1 enerally applicable to other 2.(a)'Are there conditions and/or circumstances not 9 ck-) lands in the same district? ITU10 A A (b) Would strict enforcement of the zoning c6de deprive the prop commonly enjoyed by other properties in the same district? -L- I - /') - Y- T owner of rig�lts 1-t from t e Ltions of the applicant?jRA----P-- ial conditions resu 3. Do the,spec �5 11A tical di icu tie in carryirlg Out the 4. Are there unnecessary hardships and pra provisions of the zoning code? ince be trimental to the health, safety��r WF11fare 5. Will the ranting of the varii of property owners in the vicinity?YYO 0, f2-" L k bl t e reasonable use of land? 6. is this the minimum variance that will ( ma e possi I �� A . /I /N ni I., A ......... ! ................. and compptible with this 7. Will the granting of the va i - ance ger)erally be i n � a rnio ny LA- c-'c-n( Q zoning code? Planner's Variance Review 12/77 FACT SHEET- FILE 4, CITY Or- r--DrTk'4,.3r-,30S CIVIC CENTER 9 EDMONDS, WASHINGTON 98020 (206) 775-2525 . . . ...... COMMUNITY DGV�LOPMENT DGPARTMGNT Novembor 27, 1978 DATE: TO: Ben Holt 1141 Sea Vista Place Edmonds, WA 98020 Board of Adjustment Meeting Minutes TRANSMITTING: -7r -7n -1 n Dc . %1 - o %I n) AS WE DISCUSSED: FOR APPROVAL: FOR YOUR FILE: REVIEW AND COMMENT: ,, �,.COMMENT AND RETURN: MINUTES OF MEETING: November 15, 1978 REMARKS: HARV.F- H. HARRISON MAYOR PLANNING DIVISION EDMONDS BOARD OF ADJUSTMENT November 15, 1978 The regular meeting of the Edmonds Board of Adjustment was called to order by Chairman Al Bailey at 7:35 p.m. in the Council Chambers of the Edmonds Civic Center. PRESENT ABSENT STAFF PRESENT Al Bailey Jack Byrd Nancy Luster, Associate Planner Ken Hovde Gary Visser Wayne Tanaka, City Attorney Paul Roy Jackie Parrett, Deputy City Clerk Alice'Stole Ann Derleth. Harold Hatzenbuhler Bill Leraas Chairman Al Bailey welcomed the audience and explained the functions of the Board, the procedure for handling of the hearings, and the method of appealing decisions of the Board. APPROVAL OF MINUTES Minutes of the October 20, 1978 regular meeting and the October 9, 1978 special meeting had been distributed. Mrs. Luster asked that the Minutes of October 20, 1978 be amended in Item V-78-78, Mahlon and Clarice Dofsen. She asked that the sentence beginning on the sixth line be removed because it had been determined that it was an incorrect statement. That sentence read- "If parking could not be provided on the site there was the option of paying into the in -lieu parking fund, which would require a payment of $2,000, but the Staff felt adequate parking could be provided on the site." She said parking would have to be provided on site or a variance would have to be obtained, that the -option of paying into the in -lieu parking fund did not apply. She also asked that the statement at the end of the next.to the. last sentence in that Paragraph which said "payment into the in -lieu parking fund would be required" be deleted and replaced with "a variance would be required." Mr. Leraas asked that the same minutes be corrected to indicate -he was absent from that meeting. MR. LERAAS THEN MOVED, SECONDED BY MR. HATZENBUHLEk, TO APPROVE THE MINUTES OF OCTOBER 20, 1978, AS AMENDED. MOTION CARRIED. MR. HATZENBUHLER MOVED, SECONDED BY MRS. DERLETH, THAT. THE MINUTES OF OCTOBER 9, 1978 BE APPROVED. MOTION CARRIED. Mrs. Luster advised that V-69-78 and V-90-78 had been withdrawn. She said the applicant for V-71-78 was not present, and she suggested that item be moved to the end of the agenda in case the applicant.appeared. MR. ROY MOVED, SECONDED BY MR. HATZENBUHLER, TO PLACE V-71-78 AT THE END OF THIS EVENING'S AGENDA. T40TION CARRIED. Mrs. Luster said V-78-78 had been continued to this evening, but the applicant was not prepared and asked that it be continued again. Also, the applicant in V-93-78 and CU-54-78, a related item, had asked to be continued. MR. LERAAS MOVED, SECONDED BY MRS. DERLETH, TO CONTINUE V-78-78, V-93-78, and CU-54-78 TO DECEMBER 20, 1978. MOTION CARRIED. CONT114UED AGENDA V-76-78 BEN HOLT INDUSTRIES - Variance from lot width and depth ratio requirement at 22224 Highway 99 (CG and RML) This application was in conjunction with a subdivision of property. The applicant was dividing the property basically along the zoning change line. He was asking for a variance in the lot width/depth ratio from .4 to .376. Condominium units had been almost fully com- pleted on the RML property and now that he wished to divide the property a buffer strip was required between the CG and the RML to buffer the residential use from the commercial use. If the variance were not granted the lot line would be within two feet of one of the buildings. There V-77-78 is an access easement running from the condominium units s through the CG property to provide access to Highway 99, and this ea ement will not be affected. This would not be a rezone. The proposed division line appeared to be the most logical because of a Jog in the property line which Mrs. Luster illustrated. The Staff recommended approval of the variance request because it would be a minimum variance to allow for the most reasonable division of the property; it would not create a problem for the public health, safety, or welfare; and all other code requirements would be met. The public portion of the hearing was opened, no one wished to speak, and the public portion was closed. MR. LERAAS.MOVED,, I SECONDED BY MR.. HATZENBUHLER,1 To APPROVEIV46"78 BECAUSE, M VARIANCE TO ALLOW THt'MOtT REASONABLE, DIVIS109" MAPPEARED"TO 13E A MINIMU ��FOR 'REATE,ANY­PkOBLEMS THE�.HEALT OF! THE'PROPERTY -, IT DID., NOT �APPEAR TO. C ER E L WERE . NO�'OTHER SAFETY,i. AND �WELFAREI OFt THE -ADJO.INING:PRO0 TIES'; 'AND - THER : f,1OTION CARRIED. CObEIE00IREMENTS WHICH MUST BE MET-� PAUL ROY - Variance from required front yard setback at north side of Edmonds t., east of 8th Ave. (RS-6) Mr. Roy left the rostrum. Mrs. Luster said the Code required a 20, front yard setback and the applicant was asking for a variance to reduce that set- back to 10'. Simil.ar variances had been requested and granted in 1968 and 1971 but the property had not been developed. it would not be a rezone. The site is located at the end of a deadend street and near the edge of a ravine. The applicant wished to construct the house closer to the road to make connection to the sanitary system easier and construction of the house easier. The site slopes a good deal and there is a 10' vacated street at the front of this property. The Staff felt this was a reason- able request since it is a deadend street and location of the house 10' from the street would not create a' traffic problem. Mrs. Luster recom- mended approval because it was a minimum variance to al -low for use of - the property; the proposed house being located 10' from the right-of-way would not create a traffic hazard because this is a deadend street; and two other variances previously had been approved at this site, each asking that the house be located directly on the property line. The hearing was; opened. fir. noy said the lot is 90' X public portion of the I . He said a house lio, plus the 10' vacated area which makes it 90' x 120 unattractive and could be built there without a variance but it would be ould have to be would require removal of a number,oftrees, and a pump v, used to get back to the seviers. He said his proposed location of the house would be in line with the neighbor's house to the west. Dick Thorpe of 820 Edmonds St. asked if there was any provision for off-street parking because the street at that point is very narrow and he can barely turn around to get out of his driveway. He said he got the impression that the only reason this variance was being requested was because it would be cheaper to build a house on the edge of what used to be the right-of- way. He said the neighboring house built on the same line is not a house but a filled in garage in which someone is living, and the house on that lot is actually set back with the proper setback. Because of the narrowness of the street he was concerned about the safety and difficulty of getting in and out, and he added that there is another lot to the north that will have to access off the same street. Mr. Roy responded that the house will have a two -car garage and a 10' driveway. Regarding cost, he said it would be less expensive to just bulldoze the area and double back from the east. He said that by not going too far off the street they can place a house on pilings so as not to tear up the neighborhood. He said it was not a cost factor because they will have to dig from the top, and in doing it this way only one tree will have to be removed, whereas if the house were moved back tho lot would have to be cleared. Mr. Thorpe then said that if it viere a question of one tree being removed as opposed to several being removed, he would prefer that only one be removed, so he did not object further. The public portion of the hearing was closed. EDMONDS BOARD OF ADJUSTMENT Page 2 - November 15, 1978