Loading...
22324 HIGHWAY 99 (5).pdfEXHIBIT 2 FIL CITY OF EDMONDS DATE HEARING EXAMINER APPLICATION FOR VARIANCE RECT APO'S HEARINGO'DATE: APPLICANT, Time Oil Company ADDRESS-P. 0. Box 24447 Oc L'r Seattle, WA 98124 -PHONE 285-2400 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Owner LOCATION OR ADDRESS OF PROPERTY 22324 Hiway 99 S. Edmonds, WA 98020 LEGAL DESCRIPTION OF PROPERTY See attached Exhibit A VARIANCE REQUESTED: 15 foot setback requirement on Hiway 99 reduced to a 5 foot setback FOR OFFIC E USE, ONLY: USE ZONE:(_.,K:�=_= ZONING ORDINANCE REQUIREMENT: Rplease/Hold Harmles.s 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 part upon false, misleading or incomplete information furnished by the applicant, his.,agents or employees. Permission to Ent;6�'­'�ubject 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 icatioD. Signature of Applicane,/OwAer 6-r Representative EXHIBIT 2 DECLARATIONS OF -APPLICANT Please answer all questions What are the physical characteristics, (i.e. top6graphy, of lot, etc.) which create a hardship for you in regard t development of your property? Required 15 foot setback on Hiway 99 would interfere with gas island placement and impede traffic flow of customers and tankers. 2. How does your property differ from other property in the same vicinity? All property is in a depressed state and we want to upgrade ours to a more attractive site. 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? It will be an improvement and hopefully an incentive to other property owners to improve their facilities. 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? We will be unable to utilize the site through no fault of our own. 5. Can you make reasonable use of your property without the variance? No EXHIBIT 4 _IL444 DL-ICRAP77LW It. —3i—'— Abb --,Y A-ff- Jt� (HWY 99) (GG �MH) :MON -IE Mo.*- vn v7x. Tv 7 "S -)4w 77 2r. I I AVUdrl-,-,V -rem At ILI S iIgIHX3 I ... ........................ EXHIBIT 6 � 3A ,7", 17' 14" A- WJJ M>T �.154 out* AA� m EXHIBIT 6 r trun twd AAW JC , F—VE95e— E4ZVATlW L I 7MVIE OIL CL-WA"Y .27.Y7 -11,7 ADJACENT PROPERTY'OWNER LIST PLEASE LIST ALL NAMES AND ADDRESSES OF OWNERS OF PROPERTY WITHIN 30 FEET OF THE PROPERTY LINES OF THE SITE, Arthur P. Commo 22304 76th Avenue West Edmonds, WA 98020 Orin & Willa Doll 22314 76th Avenue West Edmonds, WA 98020 Alan J. Sitzer 840 3rd Avenue #78 Chula Vista, CA 92011 Leona. Hudson 22309 76th West Edmonds, WA 98020 Herbert Chin .4548 University Way NE Seattle, WA 98105 Tom A. Foulds 22304 Highway 99 Edmonds, WA 98020 Sarah Zeigler 904 N. 195th Seattle, WA 98133 Roy W. Passietux 22317 76th Avenue West Edmonds, WA 98020 Carl Forsbeck 22319 76th Avenue West 'Edmonds, WA 98020 2/9/32MT EXHIBIT 3 EXHIBIT A 22324 Hwy. 99 N- Edmonds,' Wa. 27 N. of tile SW,- 9, T. R. 4-E., All that portion of the NW11, of Section 2 W.M.; described as follows: of tile SWA Of Beginning at the SoL18hkqest c orner of tile S� - of the N� 4 S. 89 051 39 " L - 30-00 feet; thence said section;.thence N. 0 �41 W. �30.00 et to tile, true point of be- 89 05�, 39" E. 12 1:. 87, fe- fec-t/ thence continue S. i W ctorly niarqin r,e �earing 109.75 foet.tO t-10 e- thence continue on car terlY inargin; ginning; 14 aplIq sAjd,VJes 414' E. 166, c6 N 25 of State Rol No., 1; then - 1, t. tilellce N 89 0�) 14. 20.00' feet 53 25' 09 14. 101.42 fee—, I 0 I,(-,Cl t to k, thence N. . 71-M 0 fe t-, .-thence S. 10 56' 07 ?5 111, V., '1511.20 c f .1toll. thence S Wa s 1) i ri,, CollnLy Of Snolloull Sh State . 41 t1f, b(,g 1 rni nq uato the true pol n S 1 — — -------- - -------- 5C�l f -IL — p�d -Nt ---------- 1�b 60� FIB 3 3 . 5 1 _ \7 DEZOP77W \x, zr v zs*- "'i -ooz 91 z-ar —Ty (H 7714E COW4 /807 F4 Ll IL 7V77l jr S&C —Ilaq 4�1 �it V-,7 ,0, 7 -0- rz"4�!� 4-5 � A-Z�' .Z '7 N T H W,4,L-< \2 Nl IM DF- ALL, THAT Ir V4 -QA OF - q:' �7 7 Az,4otee'a LV-:CwJ' t"r, -r) r ;-t -w f; �-j Al C-AST CF TPE :�Ct -16,k C -_5-7 -t -l-Cwq-v4jP .27 4LA,-,�te-45 s/� T-, %A, 73 '-vj I �"Q-�,/, s e- M'ZT H /0'- -56-0 F&-E T; S FLA�4rs /e-4zeso-,-. 2Z- '- 14 q : �C F f� I'; 4114 00:5 66. q 170 _r" F1 .�o ­1,�T-Jmr C ---r AlIVE9 1,16 TE L.A140 APIM& L�IQPSCAF�5 eANK AS P6k ABCV6 A467-6. 07QI�5P ^IZ6-6 I 4,A YeP- OF &EZ�JTY CIIJI-I< '99) TA 14-- 27-:57 V,/ -SEA - 410�, (r -apr( ser(es) 6 -Tv"WEPUS 6a SIPS) /6' -7 7 3-001P419US C,8114FQ51S C.B." -.30 r jq) -77777T EXHIBIT LIST FILE #V-14-82 1) Staff Report 2) Application at d,Declarations 3) Legal Description 4) Site Plan 5) Recommended Site. Plan J Building Eleva tions PLEASE NOTE: APPLI;"�IT OR REPRESENTATIVE MUST%O"';) PRESENT AT HEARING. EXHIBIT 1, STAFF REPORT TO THE HEARING EXAMINER FILE #V-14-82 HEARING DATE: NOVEMBER 8, 1 I. REQUESTED ACTION: Variance from the required fifteen foot landscaping requirement required in Chapter 16.60.020 (A) at 22324 Highway 99. II. APPLICANT/OWNER: Roy Reed c/o Time Oil Company p.O. Box 24447 Seattle, WA 98124 III. LEGAL DESCRIPTION: (See Exhibit 3) IV. STAFF FINDINGS AND,,CONCLUSIO A. Descripti.on of Subject Proper�y_and Surroun�j�Are�a The subject property is located at the corner of 224th Street S.W. and Highway 99. The property has an older gas station loc ated'on it. The applicant has applied to the Architectural Desig� Board'for approval of a remodel on the gas station.. Code requires a fifteen foot landscaped setback. The applicant proposes a five foot buffer. (See Exhibit 4) Surrounding . development is commercial to the north, south and west. The area to the east is multiple family residential. B. Official.Street Map South 224th Street S.W. West Highway 99 Ef2posed R/W Existing R/W, 601 60' 100, 100, C. Conformance to Chapter 20.85.010 1. Special Circumstances Special circumstances do exist in that given the size and shape of the property,it is not possible to install the gasoline pumps with enough clearance for tanker trucks while proving required off-street parking. 2. _Special Privilege,,_ The granting of the variance should not result in the grant of special privilege given the developmental limitations on the property. PLEASE NOTE: Ar,�%ICANT OR REPRESENTATIVE mo—'T BE PRESENT AT HEARING Staff Report to the Hearing Examiner Exhibit 1 - Fi,le V-14-82 - Page 1 3. Comprehensive Plan The proposed variance does not appear to conflict with the goals and policies of the Comprehensive Plan. 4. Zoning Ordinance The proposed variance does not appear to conflict with the purposes of the General Commercial (CG) zone. Surrounding Zoning - North South East West —CG RM-2.4 5. Not Detrimental The proposed variance will not be, if granted, significantly detrimental to the public health, safety or general welfare nor to nearby private property or improvements. 6. Mini —mum Variance The proposed variance is the minimum required to allow reasonable development of the subject property. V. STAFF RECOMMENDATION it is the recommendation of the staff that V-14-82 be approved subject to the following conditions: 1. The planters along Highway 99 should be widened to fifteen feet as shown on Exhibit 5. 2. Comply with all Architectural Design Board requirements. -114 Lw A mall THE HEARING EXAMINER WILL HOLD A PUBLIC HEARING MONDAY, NOVEMBEg__�,_jq 82 ON THE FOLLOWING APPLICATIO I N: FILE NO.. v-14-82 I VARIANCE FROM 15' LANDSCAPE BUFFER ALONG HIGHWAY 99, PRbPERTY ADDRESS AND LOCATION ZONE DISTRICT C 99324 HIGHWAY 99 THE HEARING WILL BEGIN AT 7:30 P M., IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC CENTER, 250 FIFTH AVENUE NORTH. 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 13E CONSIDERED AT THE HEARING. PLEASE ADDRESS THE LETTER TO THE COMMUNITY DEVELOPMENT 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 COMMUNITY DEVELOPMENT DEPARTMENT, 505 BELL STREET, EDMONDS (PHONE 775-2525, EXT.401ti THE REMOVAL, MUTILATION, DESTRUCTION, OR CONCEALMENT OF THIS NOTICE BEF IE THE DATE WARNING! OF THE HEARING IS A MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTER 11-8-82 ma Mal =11"� tall I "Imp f9irmpm—W INTER -OFFICE COMMUNICATIONS DATE October 28 '._1982 GARY MCCOMAS, FIRE DEPARTMENT FROM PLAN NING-DEPARTMENT TO D SMITH, PLANNING/ENGINEERING AN INSPECTOR -8-82 S BJECT: V-14-82 - T,IME OIL COMPANY - HEARING EXAMINER MEETING_ON 11 U Please submit any comments you may have on the above item before the hearing date to Duane Bowman, thanks. 0 EXHIBIT LIST FILE #V-14-82 Staff Report 2) Applic,ati on and' Ded arati ons 3)' ,Legal Descript.ion 4) S ite Plan 5) Recommended Site Plan :Buil di n Elevations 9 This is he packet that wa s sent to 2-82. the Hear ng Examiner on PLEASE I""PRESENt AT HEARING, NOTE: APPLIC/*'*T' OR REPRESENTATIVE MUST B, EXHIBIT I STAFF REPORT TO THE HEARING EXAMINER FILE #V-14-82 HEARING DATE: NOVEMBER 8, 1982 1. REOUE§TE6 ACT 10 Var'i'ance from t he re q u i re d fifteen foot landscaping requirement required in Chapter 16.60. 020 (A) at 22324 Highway 99. APPLICANT/OWNER:��, Roy. Reed t/o Ti me, Oili Company P.O. Box 24447 Seatile,,WA 98124, t v 111 . LEGAL DESCRIPTION::, (See Ex hibit IV. STAFF: FINDINGS �AND CONCLUSIONS: ----------- D cri pt! o'h of '�Subject �Prooer nd,Surrounding�.Area es n subject property is,10cated at�the r er, of �.:224th, Street S.W. and :an der- located on jt�. � The. Highway. 99:.�;. The, propert� has ol gas ,station p J d ' the , Arch , itectural 06 s i gn' b o ' a ' r8 fo L r approval. of: applicant �has' ao' 11 6 to, r model on :the,� st tioh.. Code, requires, a. fifteen foot 1,andsca0ed. a e gas: , a a five� f' buff e (Se"e. E x i it 4) setb6ck.. The applicant proposes, oot . Surrounding devel.opment.'i,s commefti al. to':the�: north sout h and west. The areaito the east i mul ti,p'l e family'residential. B. ic a Oropo�ed,R/W Existing R/W Off* i l'..Street:Map.' South -��224th,Str6et S.W. 60," 60', f'h 100, 100, West Hig wa y 99 C. Conformance 'to Chapter 20.85.010 spedal'Circumstances Special ci umstances,do exist in that given the size and, shape of''the rc imps with enough: i t install the,gasoline.pt �pr operty,it s- no possible'.to c u equired off-street, Parking. learaue for tanker tr cks while proving r 2.� Speci al Pri.,vi I ege_ The granting of the varianceishoul d not result in'the.grant of special privilege given the developmental limitations on the property. EXHIBIT DATE CITY OF EDMONDS FEE HEARING EXAMINER RECT APPLICATION FOR VARIANCE APO'S )> ---O'DATE i HEARI;G, APPLICANT��' Ti'y�e oil. ompa ADDRESS,P� -0.:�Box 24447 CITY & ZIP :S'ea:�Ltie, wA, 98124 PHONE 285-2400� N:�PROPERTY'�-9 INDICATE�I.TYPE:��OR DEGREE OF,:rINTEREST I j 0�4ner� �LOCAT -,'OR�:ADDRESS::OF.PROPERTY, 22�24,­Hiwa dmofids, ',WA 980920 ION LEGALil'-:1)ESCRIPTION�:Or P PERTY See attached Exhibit: 'ko k VARI All 'CE RE QUE ST E �15 f9OOt setback. r(jquire�ierit, on�� Hiway'99 �reduqed to_a, :5 foot'setbaC),,'.j,,,. FOR 0 FF ICE, U SE ON LY 'USE ZONE: ZONING ORDI N REQUIREMENT: NA CE Releas6/,Hold Harmless Agreement The undersigned applicant,, is heirs and... ass igns �:�,inr considera ion for d I e:,rindemnify, defend �an the C' tyr, proc e'ssing the application " ag re e S to:releas f hol :Of�,�E�monds,,h�-�mlEi,ssrl-frlom any and', a 1,1-rdamages i: and/or claims or h d t e C i ty f OM C t 0 damag'es., indludin reasonabl'e,,attornevsr' e'es --a,r3-s ing' f'r f r I r 1 0 c oinp 1 6 t e di r-in a. se nisl6a ing or.inaction Ir 13'ased,,�inr:W Q e�-or,rin partl�, upon y e a p i c an PIP n o' t'.his agents or:e ovees i f rm a tion rni she Sub ct Property Permission t6!r. En fet' e t 0 The unde Signe'd',,appl` t h s.,permiss,i, n for Dublic. r ts. hiSr' er r r ican �gran 'I r . � 91 �enter the'subject property 'Of aff of therIcity Edmondsto. c,ials:" and the t r 0 f f i S r r sel r r f nF, at�endant to this apT)licatioT for the 0 inspection and posti pu,po re Si-nature,otr�ADp4icant,/Qwiier dr- Repre s en t a t ive 4 EXHIBIT 3 V, XHIBIT A 22324,Hwy. 99 N - Edmonds Wa. All that porti.pno f the 0 f tire Swl�, o f sect�i on 294 T . 27 M. R. 4 E. , M. descl-I bed' as foll OWs.:. ',ii ng, at 66-Soubhwest icorne r- Of t1w, egini SM-1 o f"the NU4' 0 f thr" svil'.. 0 f 89 051 39 L. 30.00 i " 41 W.,: 30 - 00 f ec L; said.sect oh; thence m. 0 E. 121.807 thence, S. t t me I point of bc- feet 0, tile 9( 05' 39" feet/ I .� same earing .109.75.fec h :con1'.Jnuc,oli. t enco— h o, J-1 's t c r I y, nin r(j i n t to t c in gi rin i, ng' , E. 166.14, of Ito Roo NO. 25 44' Sta., alonq sii i d -jest rly inar, I 'W'," 14'. 20-00'Fect', I I � , N N., 53- 09"' vj � 101s42 -feet. thence thonc6 't-,�,.thonce S. 10 5111,20, f Cc 89 0 5 — J7 e t to :5611� 07 14. 06 IC nc: ? 50 t (I C -tic of U i hn i ll( Sit 0 L ti,(! pri i n' , 0 jri , to �)f W. EXHIBIT j-� -K� LWYLkIEM2 S7C4;'-' ` 6-o Zwl .1 im, cr— (HWY 39) cr- EXHIBIT _iG, AREA TT --T iL T 1, trvn mad A --\ . /A LLEVATKVJ 27 &,7*=,R W,.- I t L Li f-f.&txr- c L Z��-WPAAIY 60 - .171S Jl; xx:�- .. .. ........... - - ---- u/u/o ,/x6o^ ^° .7 r-vu CITY OF EDMONDS NOTICE OF PUBLIC HEARING � TH-E"-,LHEARING EXAMINER WILL HOLD APU8L\CHEARING | ` 13 82 ON THE FOLLOWING APPLICATION:FILE NO | VARIANCE FROM 15' LANDSCAPE BUFFER ALONG HIGHWAY PRbPERTY ADDRESS AND LOCATION 22324 HIGHWAY 99 ZONE DISTRICT C8 �|�O p JN |0THE COUNCIL CHAM8ER8 �H�HEAR|NQVU|LLB��|NAT ' ~~ .' OF THE EOK8ONDMCIVIC CENTER, 25OFIFTH AVENUE NORTH. 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 COMMUNITY DEVELOPMENT 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 ATTHE MEETING. ADDITIONAL INFORMATION MAY BEOBTAINED ATTHE COMMUNITY DEVELOPMENT DEPARTMENT, 5O5BELL STREET, EDMOND8(PHONE 775-2525.EXT.4N11111�js� ' THE REMOVAL, MUTILATION, DESTRUCTION, OR CONCEAL/NENTOFTHIS NOTICE BEFORE THE DATE |BAK8!SDEN1EANORPUN|SH48LE WARNING! BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTER 11-8-82 im PLEASE SIGN YOUR NAME AND ADDRESS BELOW IF YOU WISH TO SPEAK ON THIS ITEM, v-14-82 TIME OIL COMPANY VARIANCE FROM 15' LANDSCAPE BUFFER REQUIREMENT AT 22324 HIGHWAY 99. (CG) NAME /?, � 7- 14 ".) -'OPd f T914 L EbrA&T Y�F-oq ADDRESS c'- .Z Lj 2�4-4 fO ZA Chy9'. Al &4,,,� 1. 4� e ep.,*4 U AlAr -Li FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION FILE: #V-14-82 OF ROY REED FOR APPROVAL OF A VARIA14CE DECISION: The variance is granted. WWI IT11W49 "I, Roy Reed, c/o Time Oil Company, P.O. Box 24447, Seattle, Washington 98' hereinafter referred to as Applicant, has requested approval of a varial from the required fifteen foot landscaping requirement for property loci at 22324 Highway 99, Edmonds, Washington, and more particularly describ( set forth in the attachment identified as Exhibit 3. 1he a ove described property is zoned General Commercial klCul as establibrieu in the City of Edmonds Community Development Code. A hearing on the request was held before the Hearing Examiner of the City of Edmonds on November 8, 1932. The following presented testimony,at the public hearing: Duane Bowman Planning Department City of Edmonds Edmonds, WA 90QO20 Roy T. Reed c/o Time Oil Company P.O. Box 24447 Seattle, WA 98124 Bill Meyers 22325 76th W. Edmonds, WA 98020 Agnes Passi 22313 76th W. Edmonds, WA 98020 The following exhibits were presented, introduced and admitted at the hearing: Exhibit 1 - Staff Report 2 - Application and Declarations 3 - Legal Description 4 - Site Plan 5 - Recommended Site Plan 6 - Building Elevations After due consideration of the evidence presented by the Applicant; evidence Findings and Decisi,,, of the Hearing Examiner of the city of Edmonds Re: V-14-82 Page 2 elicited during the public hearing; and as a result of the personal inspection of the subject property and the surrounding area 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 Applicant has requested a variance from the fifteen foot landscaping requirements for property located a 22324 Highway 99, Edmonds, Washington, and more particularly described as set forth in Exhibit 3. 2. The subject property is zoned General Commercial (CG). Section 16.60-020 (A) of the City of Edmonds Community Development Code requires CG property to have a fifteen foot landscaping requirement. The Applicant is seeking a variance from this requirement. 3. The subject property has a gas station located on it. it is the intention of the Applicant to remodel this gas station by improving the structure on site and improving the landscaping in the area. 4. The Applicant has applied to the City of Edmonds Architectural Design Board for approval of the remodel of the gas station. 5. it is the intention of the Applicant to provide a five-foot landscaping buffer along Highway 99 instead of the required fifteen foot land- scaping buffer. 6. The property to the north, south and east of the subject property is commercial property, and the property to the west of the subject property is residential. 7. In order for a variance to be granted for the subject property the Applicant must meet all the standards as set forth in Section 20.85.010 of the Edmonds Community Development Code. These standards include: (a) special circumstances relating to the property must exist necessitating a variance; (b) the requested variance must not result in a special privilege being -, (c) the variance must be consistent with the granted to the Applicant riance must Comprehensive policy Plan of the City of Edmonds; (d) the va ch the property e zoned district in whi be consistent with the purposes of th Commercial); (e) the variance must is located (in this situation General not be significantly detrimental.to the public health, safety or welfare, or injurious to the property or improvements in the vicinity of the same zone; and, (f) the variance must be the minimum necessary to allow the owners the same rights enjoyed by other property owners with the same zoning. 8. In reviewing the requested variance with the criteria as set forth above, the Edmonds Planning Department determined that the Applicant had met the criteria. 9. The Planning Department of the City of Edmonds determined that special ting of the variance. According to circumstances do exist for the gran the Planning Department the size and shape of the property limits the Find J ngs and Decis*� of the Hearing Examiner of t e City of Edmonds Re: V-14-82 Page 3 I improvement of the property because a certain amount of off-stree Earking must be provided on the site. Also, because of the shape e of the site there is not enough clearance for tanker trucks naneuver within the site with the current parking and landscapinc requirements. 10. The Planning Department determined that the granting of a varian( not be a special privile,41ge in that there are development limitW on the property necessitating some relaxation in the City of Edmi land use standards. 11. The Planning Department determined that the requested variance would not goals and policies of the Comprehensive Plan of be in conflict with the dmonds, norwould it be in conflict with the. zoning ordi- the City of E dmonds and in particular the General Commercial nances of the City of E zone. determined that the proposed variance would not 12. The Planning Department rby properties or to the health, safety or be detrimental to the nea erty in the vicinity. general welfare, or to any improvements or prop he Planning Department determined that the proposed variance was the 13. T s asonable development of the subject minimum nece sary to allow re property. 14. The Planning Department recommended that if the variance is granted the Applicant be required to widen the planters located in the southeast and the northeast corners of the property. ed variance 15. The Planning Department recommended approval of the request subject to the following conditions: hould be widened to fifteen feet A. The planters along Highway 99 s as shown on Exhibit 5. B. comply with all Architectural Design Board requirements. 16, The Applicant testified to be in support of the recommendation of the Planning Department of the City of Edmonds. 17 Testimony was received from neighbors of the property. Testimony was in support of the variance based on the fact that the proposed improvements would improve the aesthetic value of the site and would also improve the neighborhood. 18. Wo other testimony was received at the hearing. CONCLUSIONS Eased on the above findings and upon review of the testimony and evidence sub- itted at the hearing, the following conclusions are made: from the fifteen foot landscaping re - The application is for a variance e City of Edmonds, quirement for property located at 22324 Highway 99, in th Findings and Decis-­"_"- Of the Hearing Examiner of the City of Edmo,,us Re: V-1 4-82 Page 4 Washington, and more particularly described as set forth in Exhibit 3. 2. The above described property is zoned General Commercial (CG). 3. There is a required fifteen foot landscaping standard for CG zoned property in the City of Edmonds. This requirement is set forth in Chapter 16.60.020 (A) of the Edmonds Community Development Code. 4. In order for a variance to be granted the Applicant must satisfy and meet all the criteria as set forth in Section 20.85-010 of the Edmonds Community Development Code. 5. Special circumstances exist on the subject property necessitating the variance. These special circumstances are the size and shape of the subject property and the limited area for maneuverability of truck traffic within the site. 6. Because of the location and size of the property the granting of the variance will not be a special privileAge to the Applicant. 7. The requested variance is not in conflict with the goals and policies of the Comprehensive Plan of the City of Edmonds. 8. The requested variance is not in conflict with the zoning ordinances of the City of Edmonds. 9. The proposed variance will not be significantly detrimental to the public health, safety or general welfare, nor to nearby private property or improvements. In fact, if the site is improved it will be a benefit to the neighborhood. 10. The proposed variance is the minimum required to allow reasonable develop- ment of the subject property. 11. The City of Edmonds Planning Department has recommended approval of the variance subject to the conditions listed in Finding #15. 12. N o opposition testimony was received at the hearing. DECISION Using the findings and conclusions as the basis of the decision, the Hearing Examiner of the City of Edmonds hereby grants a variance to Roy Reed. The variance is granted for property located at 22324 Highway 99, Edmonds, Washington, and more particularly described as set forth in the attached Exhibit 3. The variance is granted subject to the following conditions: 1. The planters on the northeast and southeast corners of the subject property along Highway 99 and as shown on Exhibit 5 must be con- structed. These planters are to be constructed to be fifteen feet in width. If the Applicant is unable to meet this requirement con- sultation shall be made with the City of Edmonds Planning Department. Findings and Decis -Of the Hearing Examiner of the City of EdmoTlds Re: V-14-82 Page 5 is to comply with all Architectural Design Board require 2. The Applicant ity of Edmonds. ments of the C he authority granted the Entered this 23rd day of November, 1982, pursuant to t Edmonds f Edmonds under Section 20-100 of th Hearing Examiner of the City 0 Community Development Code. N ,ar* ' E xaminer MOTI CE OF R I GHT TO APPEAL Written appeals alleging specific error of fact or other grounds for appeal may be filed with the Department of community Development within ourteen (14) days of the date of the Hearing Examiner's final action. In this matter, any app I eal must be received by the Department p�ior to 5:00 1 P.m on December 9, 1982.