Loading...
22828 100TH AVE W V-20-80.pdfF 41 1 �4 jo If I i 4f' P, 4 44 I6tf e"IfL'tPI 't If k-1c. I, If 4 0— 1 1 .fiftIA I ... I .. f I its' I 5Im J It M'WAM AF" -.1K7 V 7:7� FI( DATE June 12 19W FEE'V� CITY OF EDMONDS RECT BOARD OF ADJUSTMENT APO'S APPLICATION FOR VARIANCE HEARING DATE: APPLICANT 0 Is on s Foods ADDRESS PO Box "L", Lynnwood Wash. Inc CITY & ZIP Lynnwood,- Wash. 98036 PHONE 745-1266 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY X&Ydi Lesee LOCATION OR ADDRESS OF PROPERTY 22828 100th Ave. West LEGAL DESCRIPTION OF PROPERTY See Attatched VARIANCE REQUESTED: Reli e� fi-om the 30' sid e yard setback. request i s to a 20 foot yard . FOR OFFICE USE ONLY USE ZONE: ZONING ORDINANCE REQUIREMENT: STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) Signature of Applicant,Owner, or Representative David Kehle, Arch. for 0.1son's Foods Inc. On this date, before me, the undersigned, a Notary Public in and for tDe State of Washington, duly commissioned and sworn, personally appeared UI�n YgAua who, being duly sworn, on his/her oath deposes and says that (s)he has prepared and read the attached statements and has acknowledged to me that the recititations contained therein are true, and has signed this instrument as his/her free and, voluntary act and deed for the purposes therein mentioned Subscribed and sworn.to before me this day of 19 Notary Public in for the State�of;.Washingtont residing at DECLARATIONS OF APPLICANT Please answer all questions ape, 1. What are the physical characteristics, (i.e. topography,,.sh of lot, etc.) which create a hardship for you in regard to development of your property? The shape of the lot is irregular, bounded by 100th Ave. West on the East and Edmonds Way (SR 104) on the South and West, forming a triangular shaped parcel. The site slopes to the Northwest where we have located the loading dock. The area of intrusion into the setback is 10'�44' only. The balance is conforming. 2. How does your property differ.from other property in the same vicinity? The location at this intersection and the fact that the State took 10' of the Westerly -portion of the site for street widening, causes us the encroachment. 3. Will this variance.be detrimental to the public or damaging to other property or improvements in the vicinity? -No detriment or damage will result from this variance. The site view for traffic wi 11 not be hindered, nor will it appear as encroaching since the street right-of-way there is 80' not 60' as usua I . 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? -In order for us to meet the setback, relocation of the loading dock would be necessary. -We have tried to bide this loading area from public line of site. Al.so, the building area would have to be decreased to accomodate the loading along Edmonds Way. 5. Can you make reasonable use of your property without the variance? Yes but the store would decrease in size or the loading area must be redesigned. m.. m WAD, j"c3llrv;A I C L �5 F1cT:i1f CL < cb 6 -s.. 0. ��.r?sa�mn AQ "39 O:T - — — — — — — — — — — — — -- - - - - - - - - - - - - #Sol 11T cm 71 k Sao% *"I& w� oc* a*j%'-'O'rba 91; OJ/ 'JA ox V44awku DSAIC.4 1)0414311ra JO��.A? W+40-" IVJ-Q-L .91 .9-40t - - - - - - - - - - - - En 0 to's It 0 It It 91 w3al .77.7." sa ".C1,311� I....... ". -.I -A, �lj 11 7 jiv JL ml IF - - - - - - - - - - - - - - - - - - if .. ........ LOTS 20 31 4 AND 60 BLOCK 3,v v.rtb iuAic rj­,mr-, uj. ,­ �.* ­­­ ING TO PLAT 7HEREOF RECORDED IN VOLUME 13 OF PLATS.. PAGE 31.o RECORDS OF S140HOMISH COUNTYp WASHINGTON; EXCEPT THAT PORTION OF LOT 2 DESCRIBED AS FOLLOWS: BEGINNING AT -THE SOUTHEAST CORNER OF SAID LOT.2; THENCE RUN NORTH ALONG THE EAST LINE OF SAID LOT A DISTANCE OF 100 FEET; THENCE RUN SOUTHWESTERLY ON A LINE A DISTANCE OF 189 FECETv MORE OR LESSO TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SECONDARY STATE HIGHWAY NO, l—W., THAT IS 200 FEET WESTERLY ALONG SAID RIGHT OF WAY LINE FROM THE SOUTHEAST CORKER OF SAID LOT 2� THENCE EASTERLY ALONG SAID �IGHT OF WAY LINE TO THE POINT OF BEGINNING. EXCEPT THE EAST 10 FEET OF LOTS It AND 6, ' At CONVEYED TO THE C.ITY OF EDMONDS.. BY DEED RECORDED UNDER AUDITOR'S FILE NO. 1880715& SITUATE IN THE COUNTY OF SNOHOMISH.. S.TATE OF WASHINGTON, Purchased 7/10/75 from College Towne Corporation Deed recorded 7/17/75 under auditor's no. 2396361 Pioneer National Title Insurance Co. policy no. F 179698, 7/17/75 4. Description of the Real Estate with respect t6 which this POlibY is issued: ALL T&HAT PORTION OF'LOT 2., BLOCK 3j. WESTGATE PARK DIVISION NO. lo ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 13 OF PLATSo PAGE 31., RECORDS OF SNOHOMISH COUNTYO WASHINGTONO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE RUNNING NORTH ALONG THE EAST LINE OF SAID LOTp A DISTANCE OF ' 100 FEET; THaL_'NCE RUNNING SOUTHWESTERLY ON A LINE A DISTANCE OF 189 FEET; MORE OR LESS,;� To A POINT ON THE RIGHT OF WAY OF SECONDARY STATE HIGHWAY NO. 1—W AS SHOWN ON SAID PLAT THAT IS 200 FEET WESTERLY ALONG SAID RIGHT OF WAY FROM THE SOUTHEAST CORNER OF SAID LOT 2; THENCE EASTERLY ALONG SAID RIGHT OF WAY TO THE POINT OF BEGINN7NG; EXCEPT PORITION THEREOF CONVEYED TO STATE OF WASHINGTON FoR SR-104 BY WARRANTY DEED RECORDED JUNE 40 1971 UNDER AUDITORvS FILE NO. 21997450 .Taken by State of Washington for S.R. 104 by Stipulated Judgment entered May 1974 in Snohomish County Cause no. 119269: DESCR I PT 101: All that portion of the follchq;ng described Parcel "All lying Southwesterly*of the follo�inS line: Beginning ct -1 point opp--Site HiShway c-riginear's Station (hereinafter referred to as II.E.S.) 100+00 and a distance of '10 fart flortheastcrly. when n-zasurcd at right an thence gjc�. to The center line of SR 104 Edxonds: 5th Ave. to 236th St. S.W.; Southeasterly parallel with sa;d center line to a point oppositc H.E.S. 107+31, thence Southeasterly to a point opposite H.E.S. 107+31 and a distance of 50 feet florthLasterly therefrom and end of this line dLscription. PARCEL "A" Lots 2.3,4, and 6. Block. 3, VestSZIte P3rK Division No. 1, according to plot there- of recorecd in VoluTa 13 of platS. page 31, records of Snolicoish County, Washington. r,rrr�j' -',I- por,;,,ri ,f L-.-. 2 ! -.. I';!-! -,-- '­1 1"""- Cv,:iniiinEl at th- 1,noth,�­,t t.:,t '); tfv-tw� ruts llor.th olowi the 1.,.'.L litic. of said Lot a di!�t4.-.Ze 1CO f4!L't; thesiCe ron !,� .ititwer,terly on a litic 41 distance of 163 feet, more or less. to a point on th,- florthc.,�,sterly right of way litia of 1. % *,j .�a, j:; 20n �cct ­c.;tc;:-1y along snid right of way Sccon6ary line from Lha Southeast corner of said Lot: 2; thence Easterly along said right of W_�y line to the point of beginning. EXCEPT the E--s: 10 feet of Lot-, 4 and 6 4s conveyed to the City of Edmonds by eerd rccor2cl undnr audi tor's File No. )830715- !,;tuate.J in Snohomish Cc-inty, V.V.!�ingtoa. lh- ff-pt, vior" rvr I),- Np,., o1i or %slti. i, 1,, %0111114, 11-It 111"1001 t"I'll of defi'lite location w,� of rvcord C-nd on file it) th� Uffice of thf, Director of lligh- %�ays at and bearing d.*)tc of aj);jroval April 23, 1910. revised Saptember 17, 1971 ond'(cr�ber 1. lo7l. .1;jd the ccn�er line of �hich is also shown of record in Volu..ne j; 0., jjiShj4ay pjat:�, po.;t-r. n13 and 94, records of sold county. y Ar . '7-.7� .362703-1-077-0026 6107-002-008-0205 Albertsons; Inc Jones Boys Realty Inc. P. 0. Box 20 10020 Edmonds Way Boise, ID 83726 F-43monds, WA 98020 362703-1-078-0009 6107-002-009-0006 Washington Federal S & L Highline Savings & Loan Leach Joe D 50-205-28856-1 Westway Prop 512-044M 1423 Fourth Avenue P. 0. Box H Seattle, WA 98101 Burien, WA 98166 362703-1-081-0004 Albertsons Inc 30 McChesney David Henry 4th Chelterffim Prop Inc 22815 100th Avenue West P. 0. Box 20 Edmonds, WA 98020 Boise, ID 83707 362703-1-082-0003 Douglas Oil Co. of California Seattle 1xbrtgage Co. Tax Dept. Readl-967 Vandeveren H S 07-2-00231 P. 0. Box 2500 2nd & University Costa Mesa 92626 Seattle, WA 98101 5-01-8-10 6107 002-003-0002 Olson's Leasing Corporation Beck Howard F Et Lx 17525 Highway 99 22925 102nd PI West Lymywood, WA 98036 Edmonds, WA 98020 Chevron USA Inc/Prop Tc-mes 6107-002-003-0101 P. 0. Box 7611 McDonald Corp San Francisco, CA 94120 P. 0. Box 66207 A F M Chare Chicago, IL 60666 6107-002-006-0009 Weiser C A 10032 Edmonds Way Edmonds, WA 98020 6107-002-ob7-0008 Eng Kai H Dr 4625 84th Avenue S.E. Mercer Island, WA 98046 6107-002-008-0106 Westway Properties Inc. 117 Sumnit E Seattle, WA 98102 mi t and/or occupancy Irrmit is not obtained n 12.16.110 ---- and if a building per 5. _ec. Li 0 — Board's decision$ the con - for the subjecf-property within one year from the date of the riance shall be automatically null and void.---" ditional use permit or va 6. Decision shall be effective on: -(Date) D A T E Q ---Z'/., —,�- nt Chairmai, Board of Adjustme DATA Date of Application: LO. Date of Hearing: Continuances: Date of Publication: (-q Date of Posting: - Date of Appeal from Decision of the Board:_ 77 r o.7 , I N . . . . . . . . . . engineering Division did not object to the variance requests. The public portion of the hearing was opened. Muriel McClintick said the property had been in her family since 1912 and she wanted the rights in the future to have two families use that easement. She said the two lots may not be divided for a long time, but sometime i n. the future it probably would be done. Further, changing the easement would. be to everyone's benefit who is involved. Mr. Bowman added that in July 1978 there was an application for a similar variance by Mr. Staber, for three units to access from a private easement, and it was not specified that the McClinticks might have two units accessing. Mr. Staber now has filed for a short subdivision and will have two lots accessing from the easement, and the McClinticks also have filed for a subdivision, approval of which is subject to obtaining a variance to allow these two lots to have access, but the variance is only valid for one year. He said there would be a total of five units having rights of access from that easement. He noted that Mr. Wallace currently does not use the easement. Peter Bilder of 7406 Meadowdale Beach Rd. said he was a party to the granting of the 30' easement on 74th St. and it was his understanding that the Stabers would have one unit and the McClinticks two units, for a total of three. Dan Staber of 19824 Ashforth N., Seattle, said in the original request for a variance the intent was that he would have two lots and the McClinticks would have two, and they never thought the Wallaces would enter into it as they never realized John Wallace even needed the easement. Mr. Bowman explained that the variance request was approved but no building permits were taken out so that variance ran out, and the applications for subdivision did not take place until recently. John Wallace, 7521 172nd S.W., said the earlier variance was approved with no knowledge that his property would be involved in it, but he became involved with building the road because he agreed to help financially to build the road to ease the bad situation which exists on the other side of his property. He said he did not expect to use the easement for access to his property but he has the legal access. Peter Bilder added that they had a mutual understanding between them which was not recorded and things are now different, but nothing could be done because it was a very casual arrangement. He was asked if he was officially objecting, and he responded that if the McClinticks could get their.access for two lots he would not object. He was advised that he must understand that at some point in the future there may be five lots using that road. Mr. Bilder asked if Mr.*Wallace could state in writing that he would never use it, and he was told by Vice Chairman Byrd that the Board really did not care at this point, that they had to consider the application before them for five parcels of property. The public portion of the hearing was then closed. Mr. Hatzenbuhler said he could find no fault with the.variances requested. THEREFORE, MR. HATZENBUHLER MOVED, SECONDED BY MRS. MEDINA, TO APPROVE V-16-80 BECAUSE HE FELT GRANTING OF THE VARIANCES WOULD NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY AND WOULD MAKE MORE REASONABLE USE OF THE LAND AND SERVE ALL THE PARTIES INVOLVED, MOTION CARRIED. V-20-80 OLSON'S FOODS, INC. -.Variance from required.side yard setback at 22828 h Ave. W. (BN) Mr. Bowman showed slides of the site. The zoning requirement is for a 30' street setback and the variance request was to reduce that to 20'. Mr. Bowman reviewed the variance criteria. This would not amount to a rezone. There are conditions not generally applicable to other lands in the same BOARD OF ADJUSTMENT Page 2 - July 16, 1980 7717.; 7w- lot. district in that the lot is very irregular in shape and is a corner The required parking and setbacks limit the building area. Strict enforce- ment of the zoning code would not deprive the property owner of rights commonly enjoyed by other properties in the same district. Because the buildings front on 100th Ave. W., the loading dock is limitedto being on -is that side. The loading dock area is very limited because there an existing building there, a practical difficulty in carrying out the provi'sions of the zoning code. Granting of the variance would not be detrimental to the health, safety, or welfare of the property owners in the vicinity. Mr. Bowman felt this was a minimum variance and that it would be compatible with the zoning code. He said the applicants had submitted a request to remodel the existing food center and because of the limited design area they were forced into this design function and that is the reason for the request. He noted that 196th is no longer access to the City as a truck route so the trucks will have to come in on SR 104 and maneuver in front of McDonald's. That aspect is being addressed by the ADB. The public portion of the hearing was opened. Dave Kehle, architect for the project, said the area in question occurs only in the loading 'dock area and is an area of only 10' x 44'. He described what was proposed for the remainder of the building. He said truck routing will be from 1-5 and the downtown Edmonds route will not be used. He described their attempts to improve the appearance of the side facing Edmonds Way and he noted that the lot is very irregular, the State having taken 10' on SR 104 and creating the problem for them. No one else wished to speak, and the public portion of the hearing was closed. Mr. Hatzenbuhler commented that it appeared this would resolve a problem area. MRS. MEDINA MOVED, SECONDED BY MRS.,McGEE, TO APPROVE V-20-80rBECAUSE IT APPEARED NOT TO BE A REZONE, IT WOULD NOT BE DETRIMENTAL,TO THErAREA-rAND., IN FACT WOULD ENHANCE THE ENTIRE WESTGATE AREA, AND BECAUSE THERE WERE NO,:,' OBJECTIONS FROM ADJOINING NEIGHBORS. MOTION CARRIED. V-21-80 HAROLD WICKSTROM - Variance from required underground requirement of Chapter 6.30.060, Ed City Code, for property located at 20331 83rd Ave. W. (RS-8) The applicant was not present, so MRS. McGEEMOVED, SECONDED BY MR. HATZEN- BUHLER, TO MOVE V-21-80 TO THE END OF THE AGENDA. MOTION CARRIED. The applicant had not appeared by the end of the meeting and Mr. Bowman sug- gested the item be continued as it is critical to Mr. Wickstrom that the City make a determination inasmuch as the house already has been built. MR. HATZENBUHLER MOVED, SECONDED BY MRS. McGEE, TO CONTINUE V-21-80 TO THE AUGUST 20, 1980 MEETING. MOTION CARRIED. CU-38-80 HOWARD D. KING - Conditional Use Permit for professional office at 196th St. S.W., between 80th Ave. W. and 76th Ave. W. (RML) Mr. Bowman showed slides of the site. A Conditional Use Permit is required to have a professional office in the RML zone. The same request had been approved more than a year previously under CU-40-79 but economic conditions precluded construction of the office building. Mr. Bowman reviewed the Conditional Use Permit criteria. The proposed use would not endanger the public health and general welfare as multi -family and business uses exist adjacent to this property. The proposed use would meet all required condi- tions. It would not be detrimental to adjoining property as the ADB reviews and approves screening to protect adjacent properties. The proposed use would be compatible with the area as set forth in the zoning code and the Comprehensive Plan. Medical and dental uses would be excluded because of the increased parking requirements for those uses. Mr. Bowman recommended approval. The public portion of the hearing was opened. Howard King, representing Irish Homes, 21026 67th W., Lynnwood, said they could not start construction under the previous permit because funds were not available, but they now were hoping that the turnaround in the market will permit them to do it now. No one else wished to speak, and the public portion of the hearing was closed. BOARD OF ADJUSTMENT Page 3 - July 16, 1980 I I