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-CITY OF EDMONDS FILE # V
DATE
BOARD OF ADJUSTMENT
FEE
APPLICATION FOR VARIANCE
REC'T #
HEARING DATE: L5-- 7 --7,? -
ADDRESS 23128 - 75th Ave, W CITY & ZIP Edmonds, Wasba 28020
APPLICAN
-property owner-,
PHONE_22.k�o�_Indicate type or degree of interest in the property:
ADDRESS,CITY & ZIP 23128 - 75th Ave. W., Edmonds- PHONE 726-7970--1
OWNER: Egon F. Hermanns
LOCATION OF PROPERTY (ADDRESS) 23128 --ZLth Ay&. West, Edmojj�--- WaahLagUM 98020
LEGAL DESCRIPTION OF PROPERY: 174401 - 74
Lake.Ballinger Land Co Sub Div 1
Blk 004-D-09
Sl/2 Lot 3 Exc W 132 Ft THOF
LEGAL D APPROVED
BY PLANNING DIVISION
USE ZON
ZONING ORDINANCE REQUIREMENT: Spven foot aix inch set bAnk
VARIANCE REQUESTED:
N
�z
ACCORDANCE WITH STANDARDS AND CRITERIA
STATEMENT OF CONDITIONS AND REASONS FOR REQUEST, IN
ATTACHED: Variance is required in order to obt i n-ga -Derm
existing carport as well as thb balcony above it. The alteration is necessary to prevent
reoccurance of rot in the structural floor sills where the horizontal surface of the open
. .. ...........
11C. fil -addi biaff-,-thu pmpased
sed garage and storage space.
will provide urgently needed security of an enclo
STATE OF WASHINGTON)ss.
COUNTY OF SNOHOMISH opiic r Representative
Sig pplicant, Owner o
tary Public in and for the State of
on this date, before me, the undersigned, a No 1 5 who, being
duly commissioned and sworn, personally appeared le, e��
Washington,
duly sworn, on his/her oath deposes and says that (s)he has prepare an read the foregoing
e that the recitations contained therein are true, and has
statements and has acknowledged to m
signed this instrument as his/her free and voluntary act and deed for the purposes therein
mentioned. thi day of odke—jrtl 19
Subscribed and sworn to before me
ZY, (CA (I
A�residing at
Notary-Polic in and for the State of Washington.
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.
The house was constructed fifteen or sixteen years ago in compliance with the
ordinance of the time requiring a five foot set back. Thig requirement was sub -
IT.
sequently changed to a seven and one-half foot set back which m es, a
a—k -3nariance
necessary.
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:
Nome of the dimensions of the Proposed alteration of the existing carport
or balcony will extend beyond the foundation of the carport or the perimet6r of
-A
t he Present —balcony.
POINT 3. If this variance is not granted, an unnecessary hardship will continue
to the owner of this property, the cause of which is beyond his control because:
The existing balcony is positioned such that it callects
unsightly and damak.ing
debristthat constantly blows from the adjoining wooded lots im-med-iately to the south.
Floor sills on the balcony have rotted as a result of excessive moisturp and standing
water. The p.roblem is compounded by the dense wooded area which shades the exposed
balcony Preventift&,At from drvin&r out,
If the variance is not granted, the balcony will still have to be repaired and
similar damage* will undoubtedly reoccur,
In addition, we feel it is not safe or prudent to leave an automobile or other
items of value exposed tempting vandals. For this reason we wish to enclose the
carport to provide a second garage.
POINT 4. So as notto grant 6 special privilege to me by the granting of this
variance I submit the following 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.
s tPlen t
Recorc -"�ndinq's of Fact by Board of A__.�
I of
nds in the case of
The Board of Adjustment for the City of Edmonds fi
22
est for variance at
File No. V-� -7� requ
the following:
ing to same
cording to Code requirements, and Affidavits attest
That notice was given ac
are in the file.
-11&t been met.-
d Criteria each have/have
2. That the foregoing set forth Standards an
3. In addition theretot
ariance is 4)e�/Grantedq subject to the following special .
4. Therefores the request for v
condi tions:
R
-cy �%2rmit is not obtained
---- and if a building permit and/or occupan
Section 12.16
.110 a
1 and void.---"
5. from the date of the Bo rd's decisions the con
within one year
j�o Ue stTbieCt property
iance shall be automatically n
ditional use permi t or var
6. Decision shall be effective on: 21 24�-
Da te)
DATED:
......... Ch-ai�man, Boa
DATA
U
of AdjUS
7, -78
Date of Hearing:
Date of Application:---
Continuances:-
Date of Publication:
Date of Posting:_
cision of the Board:
Date of Appeal from Do
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FLA IN
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-17
Names and addresses
of the property owners whose property is within eighty
feet of the property
subject to the Variance application:
Property to the
West Mro Daniel B. Curnutt
23129 - 76th Ave. West
Edmonds. Washington 98020
Troperty to the
South - Mrs. Lola Barden
23207 - 76th Ave. West
Edmonds, Washington 98020
Property to the
North Mr. Gary Raupach
23118 75th Ave. West
Edmondsg Washington 98020
Property to the
Northwest Deryl and Theresa Lusty
23117 - 76th Ave. West
Edmonds, Washin gton 98020
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NOTICE IS HEREBY GIVEN TO ALL
PUBLIC HEARING WILL
7
INTERESTED PERSONS'THATA
BE HELD BY THE::.
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N? AfZ40 . . .....
�W�','APPLICATION HAVING B EN FILED FOR ...........
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�ROPERTY;;l DESCRIPTION OR ADDRESS: ............
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ZON E":,` CLASSIFICATION:- Iles .........................................
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171MER&: DATE. OF HEARING ... ?!#36,*4
TIME DAY DATE,,:
ip!�j
THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMO DS CIVI Qjq
CENTER,` 5th AVENUE AND BELL STREET. ANY PERSON INTERESTED IN. THIS,)
PROPOSAL- MAY APPEAR IN SUPPORT OF OR IN OPPOSITION TO IT;-'COMMENTS11
CONCERNING THE APPLICATION MAY BE SUBMITTED PRIOR `TO'!bR'-�AT)i,-THIP
I MAY-,t,�*BE
MEETING ..IN PERSON OR IN WRITING. ADDITIONAL INFORMATION
227).,� 1 N -`-TH EJ
OBTAINED AT THE PLANNING DEPARTMENT (PHONE 775-2525 EXT
,EVENT -THE'AGENDA IS NOT COMPLETED ON THE ABOVE DATE,',7HE-'PUBLIC
�HEARING WILL BE.CONTINUED TO THE NEXT REGULAR -MEETING,'AT-,.jHE;,ZA 'El
Ve
,TIME,�,AND PLACE.
0,v
FILE NOj.�X,-? ... PUBLISHED
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destruction �-or,
The removal mutilation,
concealment of this notice prior to the date':
of the hearing is a misdemeanor punishbble'
A Rh'N I mk I
by fine and imprisonment.
NOTICE OF HEARING PETITION
FOR VARIANCE -XQM=1QMUX3%XMKR=
BY EDMONDS BOARD OF ADJUSTMENT
All interested persons are hereby notified that Wednesday, the
17th day of May _, 19 78 has been set as the
date for hearing petition filed by Egon F. Hermanns
for a variance of 2' from required
7V side yard setback
at 23128-75th Avenue West
said property being zoned RS-8
and legally described as follows:
Lake Ballinger Land Co Sub Div 1
Blk 004-D--O3 S 1/2 Lot 3 Exc W
132 Ft THOF
Said hearing will be at 7:30 P.M. in the Council Chambers of 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-35-78
PUBLISH: 4-29-78
=T
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOROMISH,
The undersigned, being 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 Everett, County of Snoho-
rnish, and State of Washinaton; that said newspappr 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 ....................................
1-jor"ICE OF HEARING .................................................................................
I
............................................
......................................................................................................................................
a printed copy of which is hereunto attached, was published in said
newspaper proper ' and not in s - upplement form, in the regular and
entire edition of said paper on the following days and times, namely:
A-TRT-L ... 2-9.1 .... 1-978 . .................................................................................................
......................................................................................................................................
a . nd that said newspaper was regularly distributed to its subscribers
during all of said period.
.... .... .... . .. .......
.......................................................................................... . ........... Pri ncipa I C lerk
Subscribed and sworn to before me this ...... 1&t .........
day .. . .................................... YLA-Y ...............
Of /19-
................... .. ........ ..
....................
1�totary Public in and for the State of Washington,
residing at Everett, Snohomish County.
B-2- 1
I
AFFIDAVIT OF POSTER
STATE OF WASHINGTON
COUNTY OF SNOHOMISH ss.
Nancy Edgmon Luster
being first duly sworn,
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on oath deposes and says:
4th May 19 78 the
That on the day of
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
Subs cri bed. and sworn to before me this day of
19
Notary Public in and for the State f
Washington residing at
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D . i Amt=',� VARIANCE REVIEW FORM FILE #_y
APPLICANT: i-- c, o/xj F. 1-40- r- - 1 -
ZONING:
ADDRESS:
I- t^ C( < et bcl- C k
........... .
VARIANCE REQUESTED:
- ZONING CODE REQUIREMENT:— 6e-+bac
OTHER PERTINENT FACTS:
V IANCE CRITERIA - Section 12.16.100
AR
a rezone?
.1. Does this amount to
tances not enerally applicable to other
2.(a) Are there conditions and/or circums'
n the same
lands i
A 0.
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strict enforcemen-t of the zoning code deprive -the prope
Would ame district?-L
commonly enjoyed by other properties in the s
-Cklm (4-
of t�e applicant?"
, �ii- f t h =a c t �io n �so f t �he a p �pl i C�
diti sult from t,
3. Do the special con i ions re
4. Are there unRecessary hardships and p
provisions of the zoning code?_
5. Will the granting of the variance be
of property owners in the vicinity?_
. i A I .
ctical diffi culties in carrying olit the
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6. is this the minimum variance that will make possible the reasonable use of land?
-1 1 1 1- - - - -A , + I I II'd 0 C) a n,
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0 T �ny and compatible with thiS
Generally be in har
lie granting of the variance
7. Will t
zoning code? -
Planner's Variance Review 12/77
5
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201
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TV C3 S 0, Nri '73 NUM 3
HARVE H, HARRISON
MAYOR
A"
(206) 775-2525
CIVIC CENTER EDMONDS, VIASHINGTON 98020 6
�ZOMMUNITY D6VELOPMENT DPARTMENT
DATE: June 1, 1978
"V,
TO - Mr.! Egon F. Hermanns
231�8175th Avenue West
Edmonds, W�A 98020
TRANSMITTING: Board of.Adjust ment Meeting Minutes
RE: V-35-78
AS YOU REQUESTED:
FORYOUR INFO PUMATION: I
AS WE DISCUSSED -
FOR APPROVAL:
FOR YOUR FILE:
REVIEW,AND CO'114ENT:
N
COMENT AND RE, TUR1
IIINUTE S OF.NREETING: May 17, 1978
Ul, I-lARKS
PLANNING
j'�
DIVIS1014
a big, beautiful house on 7,500 sq. ft. He found the approach to be
the practical approach --not that it was the ideal approach. Mrs.
Stole said she agreed that 1,000 sq. ft. was a large amount, but she
did not see that a neighbor should object to someone else using his
own land --that it was not a form of confiscation --and the fact was that
they could go ahead and take down the garage and built without the
variance. She thought the reason the Durochers wanted to do it now was
if they sold to their daughter they would have to sell the entire
parcel. Mrs. Stole said you cannot afford to let land sit. MR. HOVDE
MOVED, SECONDED BY MR. ROY, THAT V-30-78 BE APPROVED AS RECOMMENDED BY
THE CITY STAFF BECAUSE IT IS A LEGAL -VARIANCE AND IS NOT DETRIMENTAL
TO THE HEALTH, SAFETY, AND WELFARE OF THE NEIGHBORHOOD-, AND THAT THIS
APPROVAL IS FOR BOTH VARIANCES REQUESTED. MOTION CARRIED, WITH MRS.
DERLETH VOTING NO. Mr. Leraas returned to the rostrum.
V-31-78 DON KASMAR - Variance of 151 from required 251 rear yard setback at
725 Driftwood Lane (RS-12)
Mrs. Luster stated that since this property came into the City.the
definition and front and rear yard had changed on this pariicular piece
of property. The applicant wished to build an addition to his property
along the existing building linei It consisted of an enclosed area and
a deck. It was not a rezone. Special conditions not applicable to
others in the area were that when the house was in the County all of
the setbacks were within the code, but now that it is in the City of
Edmonds a variance is necessary to make it comply with the Edmonds Code.
By not granting the variance the owner would not be able to add to his
home in a fashion that would be most beneficial to him. The changing
of the designation of the front and rear yards was not the result of.
the applicant's actions. It would not be possible for the applicant
to build the addition in the proposed location without the variance,
and this location would provide for the best use of the land and would be
thebest location in relation to theexisting house. Mrs. Luster said it would
not be detrimental to the health, safety, and welfare of the other prop-
erties in the vicinity because to the west the remaining setback would
be 71.�' and to the north the new addition would not extend any farther
into the existing setback than the present house, which is 10'. If the
addition were placed at this location it would continue along the original
building line and preserve much of the existing rear yard area. Mrs.
Luster showed slides of the property, and she recommended approval. The
public portion of the hearing was opened.
The applicant said he wanted to add a dining room and this was the only
place he could do it unless he put it off the bedroom. Mr. Hatzenbuhler
felt it was a reasonable request, as did Mr. Leraas and Mrs. Derleth.
MR. HATZENBUHLER MOVED, SECONDED BY MR. LERAAS, TO APPROVE V-31-78 AS
IT MEETS THE VARIANCE CRITERIA, IT IS A REASONABLE REQUEST, AND IN VIEW
OF THE FACT THAT THE FRONT AND REAR OF THE LOT WERE CHANGED. MOTION
CARRIED.
V-�3548 EGON F. HERMANNS - Variance of 20 from required 7P,' side yard setback
at 23128 75—tFTv-e. W. (RS-8)
Mrs. Luster said the variance request was in order to repair an existing
**t to prevent
single -car carport and enclose it and the balcony above 1
recurrence of rotting. This would not be a rezone. Since it is necessary
to repair the carport it would appear to be practical to complete the
project to prevent the rotting from recurring. Water and debris from
adjacent woods had collected in this open area, resulting in the rotting.
If the v�riance were not granted the applicant would only reroof the
BOARD OF ADJUSTMENT
Page 8 - May 17, 1978
V-37-78
V-40-78
carport. In the past that had not helped because the roof would rot
again. When this structure was built it was in compliance with the
setback requirement, but a code amendment made it nonconforming. The
ap.plicant planned to keep the carport whether the variance was granted
or not, but by improving it he could use i.t to its fullest extent and
prevent future rotting. The carport is buffered from the view of
neighboring properties. Mrs. Luster felt this was a minimum variance
and said the improvement of the carport would generally improve the
appearance of the home and none of the dimensions would extend beyond the
foundation of the carport or the perimeter of the property. She felt
this would be in harmony with the Zoning Code as the structure would
setback than it already does. She
not extend any farther into the nded approval . The public
showed slides of the property and recomme
portion of the hearing was opened.
Alice May Hermanns said'they have dry rot in the area of the balcony
and the carport and the new roof will prevent future rotting and the
property will look much better. The public portion of the hearing was
closed. Mr. Hovde said this was a good solution. MR. ROY MOVED TO
APPROVE V-35-78. MRS. STOLE SECONDED THE MOTION, SAYING IT MEETS THE
VARIANCE CRITERIA AND WOULD NOT BE DETRIMENTAL TO THE HEALTH, SAFETY,
AND WELFARE OF.THE NEIGHBORHOOD . MOTION CARRIED.
NELSON & BENEDETTO, IrIC. - Variance of approximately 14' from the front
yard setback and appro . mately 17' from the rdquired rear yard s . etback
at 714'Puget Lane (RS-12) -
Mrs. Luster showed slides of the property, noting that the lot is narrow
and long as are other lots on that side of the street. This would not
be a rezone. The special condition (narrowness of the lot) was not
different from others in the vicinity as other lots on that side of the
street also were long and narrow. The applicant was requesting a variance
that would allow him to build as close to the front and rear property
lines as his adjoining neighbors had. The shape of the lot was not the
result of actions of the applicant. The unnecessary hardship that would
result by strict enforcement oftheZoning Code would be that only a 25�
w`de house could be constructed on the lot. Other homes in the area
i rty lines were able to be wider in structure.
sited closer to the prope e detrimental to other property
Granting of the variance would not b nstruction of a visually pleasing
owners in the area as it would allow co as those houses on either side
house that would have the same setbacks
on the same side of the street. Mrs. Luster felt this was a minimum
variance to allow construction of a house that would better suit the
neighborhood and fill the applicant's needs. She recommended approval.
The public portion of the hearing was opened.
Mike Benedetto said they will draw the plans -to comply with the figures
provided and the driveway would be at least 30' long and go in on the
east portion of the property so there would not be any hindrance from
that standpoint. The public portion of the hearing was then closed.
Mr. Roy commented that those lots are all divided contrary to other
zoning rules and this was a reasonable solution. Mr. Leraas agreed.
MRS. DERLETH MIOVED, SECONDED BY MR. LERAAS AB TO APPROVE V-37-78 BECAUSE
IT IS THE MINIMUM VARIANCE TO ALLOW REAS014 LE USE OF THE LAND IN VIEW
OF THE WAY THE PROPERTY WAS DIVIDED, AND BECAUSE THERE WILL BE A 30-
DRIVEWAY TO THE EAST SIDE OF THE HOUSE WHICH WILL ALLEVIATE THE PARKING
PROBLEM THERE. MOTION CARRIED.
DONALD WESTLIN - Variance of a maximum of 13' from required 201 rear
yard ietback to RS zone to east at 5th Ave. S. and Holly Dr. (BC)
Mrs. Luster showed slides of the property. This would not be a rezone.
Special circumstances of this application were that the ADB, because of
BOARD OF ADJUSTMENT
Page 9 - May 17 , 1978