23128 76TH AVE W.pdf��'s t . 18 C) �j
250 5TH AVENUE NORTH - EDMONDS, WA 98020 - (206) 771-0220 - FAX (206) 771-0221 P-
HEARING EXAMINER
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FINDINGS, CONCLUSIONS AND DECISION iij. 'V4'�
OF THE HEARING EXAMINER
CITY OF EDMONDS
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APPLICANT:
Robert Payne
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CASE NO.:
V 96-108
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LOCATION:
23128 76flAvenue West
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APPLICATION:
Application to reduce the required side setback from 10-feet to 8-
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feet 6-inches, for an existing sunroom addition (see Exhibit A,
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Attachments I and 2).
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REVIEW PROCESS: Variance; Hearing Examiner conducts public hearing and makes
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final decision.
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MAJOR ISSUES:
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a.
Compliance with Edmonds Community Development Code (ECDC)
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Section 16.20.030 (SINGLE FAMILY RESIDENTIAL - Site
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Development Standards).
b. Compliance with Edmonds Community Development Code (ECDC)
Chapter 20.85 (VARIANCES).
SUMMARY OF RECOMMENDATION AND DECISION:
Staff Recommendation: Approve with conditions
Hearing Examiner Decision: Approve with conditions
0 PUBLIC HEARING:
After reviewing the official file which included the Planning Division Staff Advisory Report; and
after visiting the site, the Hearing Examiner conducted a public hearing on the application. The
hearing on the Payne application was opened at 9:00 a.m., October 3, 1996, in the Plaza Room,
Edmonds Library, Edmonds, Washington, and closed at 9:25 a.m. Participants at the public
0 hearing and the exhibits offered and entered are listed in this report. A verbatim recording of the
hearing is available in the Planning Division.
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HEARING COMMENTS:
The following is a summary of the comments offered at the public hearing.
From the City:
Kirk Vinish, Planner, reviewed the staff advisory report (Exhibit A) which recommended
approval of the application, with conditions. He noted that the City should have taken
some action when the City accepted the roadway dedication from the applicant which
made the variance necessary.
From the Applicant:
Robert Payne, Applicant, said:
• He has lived in the same area over 52 years.
• He built the sunroom not realizing a permit was required.
• The sunroom serves as a greenhouse.
• There was no access road there when he moved in and a neighbor wanted an access
road so he deeded access to the City for $1.00. He later deeded an additional 5 feet to
the City for access purposes for another $ 1.00.
• If he hadn't deeded anything to the City for access purposes he wouldn't need a
variance.
From the Community:
Robin Bisson, Neighbor, said:
• She believes the sunroom is detrimental due to the cars that are generally parked in
front of the sunroom and they stick out so far they impedes traffic.
• The glare is so bad off the sunroom glass that she and her husband have to close the
drapes on their windows.
• She wanted to know where additional room for traffic will come from when
development continues on the street.
* She said she understands her husband can park on the existing blacktop.
Response from the Applicant:
Robert Payne said:
* There is 17 feet of blacktop and the blacktop is not in the center of the roadway.
Ms. Bisson's husband parks on the blacktop which only leaves 8 feet of blacktop to
drive on.
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Hearing Examiner Decision
Case No. V 96-108
Page 3
Response from the City:
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Kirk Vinish confirmed that the roadway was dedicated to the City.
FINDINGS OF FACT AND CONCLUSIONS
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A. SITE DESCRIPTION
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1. Site Development And Zoning:
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a. Facts:
1) Size: The subject property is approximately 18,467 square feet in area
(see Exhibit A, Attachment 4).
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2) Zoning: The zoning of the subject property is Multi -Family
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Residential (RM-2.4).
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3) Terrain and Vegetation: The subject property is generally flat, with all
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open areas vegetated (see Exhibit A, Attachment 4).
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2. Neighboring Development And Zoning:
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North: Developed with multi -family residences, and zoned RM-2.4
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(see Exhibit A, Attachment 3).
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2) South: Developed with detached single family residences, and zoned
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RS-8 (see Exhibit A, Attachment 3).
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3) East: Developed with detached single family residences, and zoned
RS-8 (see Exhibit A, Attachment 3).
4) West: Developed with multi -residences, and zoned CG (see Exhibit A,
Attachment 3).
b. Conclusion: The proposed development would be consistent with the
surrounding zoning and development.
B. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE
1) The fundamental site development standards in a RM-2.4 zone are set
1. Compliance with RM-2.4 Zoning Standards
a. Facts:
forth in Chapter 16.20.030.
t 2) Minimum side setback in the RM-2.4 zone is 15-feet.
b. Conclusion: Except for the requested street and side setback variance, the
applicant is proposing to legalize a structure which confonns to the RS-8
development standards for locating structures on a lot.
2. Compliance with requirement for a Variance
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ECDC Chapter 20. 1 5B. 180.A, states an applicant may request a variance from
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the standards of this Chapter pursuant to the procedures set forth in ECDC
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Chapter 20.85 (Variances). Chapter 20.85 of the ECDC sets forth the
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mechanism whereby a provision of the Code may be varied on a case -by -case
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basis if the application of the provision would result in an unusual and
unreasonable hardship (see Exhibit A, Attachment 2).
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a. Facts:
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1) ECDC Section 20.85.010 establishes the decisional criteria with which
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a variance request must comply in order to be granted by the Hearing
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Examiner. These criteria include: a special circumstance must exist;
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no special privilege is granted; the proposal is consistent with the
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Comprehensive Plan and the Zoning Code; the proposal will not be
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detrimental and is the minimum necessary.
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2) Variances may be used to modify bulk standards. They may not be
used to modify use or procedural requirements.
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3) The existing sunroom/garage does not encroach upon the setback any
more than the existing residence. According to the applicant the house
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was constructed in 1948.
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4) The subject property was annexed to the City of Edmonds in 1961.
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5) According to the applicant the sunroom was constructed in 1963
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without permits.
6) The City does not have any record of required side setbacks for the
RM-2.4 zone in 1963. However, the building code would have
required a 5-foot setback.
7) It appears that the applicant dedicated the adjacent road to the City in
1965.
b. Conclusions:
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1) Special Circumstances
Special circumstances include the size, shape, topography, location or
surroundings of the property and public necessity for public structures.
Special circumstances appear to exist due to the actions of the City in
requesting the road to be dedicated and thereby creating the need for a
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variance. If the applicant had obtained a permit prior to construction
or in 1965 when the road was constructed a variance would not be
required at this time. Finally, if the applicant had not dedicated the
road to the City the need for a variance would not be necessary.
2) Special Privilege
It does not appear that any special privilege will be demonstrated in
granting this variance in that other properties in the same zone with
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similar circumstances may also qualify for a variance (see Exhibit A,
Attachment 2).
3) Zoning Code and the Comprehensive Plan
Approval of the proposed variance would allow for the continued
development of the site in a manner consistent with the intent of the
Zoning Code and the Comprehensive Plan designation of the site (see
Exhibit A, Attachment 2).
4) Not Detrimental
Approval of the variance would not be detrimental to the public health,
safety or welfare if the sunroom meets the requirements of the building
code (see Exhibit A, Attachment 2).
5) Minimum Required
The request is the minimum necessary for accommodation of the
existing sunroom (see Exhibit A, Attachments 2 and 4).
C. TECHNICAL COMMITTEE
1 . a. Fact: No comments were submitted by other departments.
D. COMPREHENSIVE PLAN (ECDC)
a. Fact: The subject property is designated as "Corridor
Development!'.
b. Conclusion: The proposed development is consistent with the
existing Comprehensive Plan Land Use designation for the site.
2. a. Facts: The Comprehensive Plan, Residential Development section,
identifies goals and policies which relate to "Residential Development" in
the City. Specific goals and policies are discussed in detail below-.
1) Section B states as a goal of the City that: "High quality residential
development which is appropriate to the diverse lifestyle of Edmonds
residents should be maintained and promoted ... ..
2) Section B.2 states as a policy of the City that: "Protect neighborhoods
from incompatible additions to existing buildings that do not
harmonize with existing structures in the area. "
b. Conclusion: The proposed development is consistent with the above
adopted goals and policies of the City for the development of residential
property in the City.
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Hearing Examiner Decision
Case No. V 96-108
Page 6
DECISION
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approved, subject to the following conditions:
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2. This application is subject to the applicable requirements contained in the Edmonds
L.L <, Community Development Code. It is the responsibility of the applicant to ensure
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0— Entered this 9th day of October, 1996, pursuant to the authority granted the Hearings Examiner
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Hearing Examiner
RECONSIDERATIONS AND APPEALS
V The following is a summary of the deadlines and procedures for filing reconsideration's and
appeals. Any person wishing to file or respond to a recommendation or appeal should contact the
Planning Department for further procedural information.
0 REQUEST FOR RECONSIDERATION
Section 20.100.010.G allows for the Hearing Examiner to reconsider his decision or
recommendation if a written request is filed within ten (10) working days of the date of the
initial decision by any person who attends the public hearing and signs the attendance register
and/or presents testimony or by any person holding an ownership interest in a tract of land
t 0 which is the sub ect of such decision or recommendation. The reconsideration request must
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cite specific references to the findings and/or the criteria contained in the ordinances
governing the type of application being reviewed.
APPEALS
Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or
recommendation shall be made. The appeal shall be made in writing, and shall include the
decision being appealed along with the name of the project and the date of the decision, the
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NOTICE TO COUNTY ASSESSOR
The property owner may as a result of the decision rendered by the Hearing Examiner request a
change in the valuation of the property by the Snohomish County Assessors Office.
EXHEBIT:
The following exhibit was offered and entered into the record.
A. Planning Division Advisory Report, with 4 attachments
PARTIES oF RECORD:
Robert Payne
23128 76' Avenue West
Edmonds, WA 98026
T. Robin Bisson
23204 76th Avenue West
Edmonds, WA 98026
Planning Division
Engineering Division
Fire Department
Parks Department
Public Works Department
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Notice of Development Application & Public Hearing
Date of Notice: September 18, 1996
File # V-96-1 08
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ApplicantInformation-,-:
Name of Applicant: ............ C) Robert Payne Requested Permits Zi Variance and Building
Date of Application:.... Z 8/27196 and Approvals:... ............
Date application Complete: 9/17/96 Other Required Permits � Unknown
.1 yet applied for (if
Project Location: 23128 76th Ave. K known): ........................
Project Description: ........... Z Variance to reduce the required Iti.loot Required Studies related Z Unknown
side setback Iran the south property line to the project:... ...............
to 8.5-feet for an existing sunramn
addition. Related Environmental Z Critical Areas Checklist
Documents: ....................
Public Comments dueby%. October3,1996
City Contact for project: Kirk Vinish
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Date: October 3, 1996 Time: 9:00 A.M. Place: Plaza meeting Room - 650 Main St, Edmonds
Information on this development application can be viewed or obtained at the City of Edmonds Community Services Department,
250 5th Avenue North, Edmonds, WA 98020. (206) 771-0220. Public carouname should also be sent to this adrims,
The dcchico on thk developent qqlicaaou ,It Is ourd
'ddiicaal i`�ii'-aoiaa
The removal, mutilation, clestruction, or concealment of this This notice may be removed
Warning! notice before the hearing date is a misclarommor punishable by after, October 3,1996
fine and imprisonment
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Lawrence Sackett
Juanita Sackett Daniel Curnutt David & Mary Miller
23108 75th Ave W 23129 76th Ave W 23128 75th Ave W
Edmonds, WA 98026-8517 Edmonds,'WA 98026-8703 Edmonds, WA 98026-8517
James & Sallee Conn Lore Raupach Kevin Hannam
23117 76th Ave W 23118 75th Ave W 23208 75th Ave W
Edmonds, WA 98026-8703 Edmonds, WA 98026-8517 Edmonds, WA 98026-8518
Dennis Burns Glenn Salmi c
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23206 75th Ave W 2&3f&
23205 76th Ave W '*6 w
-8518 Edmonds, WA 98026-8705 -8705
Edmonds, WA 98026 E 98026
Hyong 76im Russell Herrick James a Mariella Roberts
23225 76th Ave W 23214 75th Ave W 23215 76th Ave W
Edmonds, WA 98026-8705 Edmonds, WA 98026-8518 Edmonds, WA 98026-8705
9830 INVESTMENTS NO 2
9830 Wilshire Blvd
Beverly Hills, CA
90212-1804
Lee & Penny Stycket
15539 61st Ave NE
Bothell, WA 98011-4301
Archie Butler
23125 Highway 99
Edmonds, WA 98026-8737
Gene Chard *
23124 76th Ave W
Edmonds, WA 98026-8702
T h 11af �hy PRINCE COMPANY
om U� k ir 4230 W Cramer St
433 & 15
StoC*, C 95207 204 Seattle, -WA 98199-1005
A A Cerauli
23302 76th Ave W
Edmonds, WA 98026-8706
Harry Arey
23138.76th Ave W
Edmonds, WA 98026-8702
Howard Schroeder
Virginia Schroeder
PO Box 3367
Lynnwood, WA 98046-3367
Robert & Ruth Payne, Jr.
23128-76th Ave W
Edmonds, Wa 98026-8702
Ryan & Lynda Payne
14907 19th Ave SE
Mill Creeko Wa
98012-8222
Mark & T Robin Bisson
23204 76th Ave W
Edmonds, WA 98026-8704
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David Sharp
Roger Bueing
Debbie Peterson
Phyllis Weishaar
23202 76th Ave w
232i2 76th Ave W
23148 76th Ave W
'Edmonds, WA 98026-8704
Edmonds, WA 98026-8704
Edmonds, WA 98026-8702
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Xyung Christie Kang
23220 76th Ave W
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Edmonds, WA 98026-8704
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Howard H011oman
David Gerde
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Lorelei Holloman
Virginia Hawkins-Gerde
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23203 77th Pl W
23207 77th Hawkins-Gerde
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Edmonds, WA 98026-8764
Edmonds, WA 98026
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Xazen Sahar Xahmoud
Ki Jun Se Soon Ae Chon
Ali Faezah Alghanim
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23217 77th PI W
7709 233rd Pl SW
7707 233rd P1 SW
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Edmonds, wA 98026-8764
Edmonds, WA 98026-8763
Edmonds, WA 98026-8763
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Chen h & Assoc. Inc.
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1813 idvale Ave. N. //A
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Attach this notarized declaration to the a4jacent property owners fist
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On my oath, I certifY that. the names and addresses provided rTresent all properties
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located Within 300 feet of the subject property.
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*Q�re of Applicant VAPOtcbints Representative
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Subscribed and sworn to before me thi day 'of
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FILE NO.: V-96-108
APPLICANT: Payne
NOTICE OF HEARING
AFFIDAVIT OF MAILING
STATE OF WASHINGTON
COUNTY' OF SNOHOMISH)
1, DIANE M. CUNNINGHAM, sworn on'oath, depose and say:
That on the 18th day of September, 1996, the attached Notice of Hearing was mailed
as required to adjacent property owners, the names of which were provided by the
applicant.
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NOTICE: IF THE DOCUMENT IN THIS
-THIS NOTICE -IT IS DUE TO THE 01
IS LESS CLEj
OFTHE...DO,Ct
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Public Works Planning Parks and Recreation Engineering
CITY OF EDMONDS- BARBARA FAHEY
MAYOR
250 5TH AVENUE NORTH - EDMONDS, WA 98020 (206) 771-0220 FAX (206) 771-0221
COMMUNITY SERVICES DEPARTMENT
Letter of Transmittal
Date: October 3, 1996
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To:
Ron McConnell
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Hearing Examiner
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Subject:
V-96-108
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Transmitting
Sign up sheet
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For Your Information: V
As you requested:
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For your file:
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Comment:
Note attachments:
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Sincerely,
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Diane M. Cunningham, Administrative Assistant
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E-X-H-1BITS LIST
FILE NO. V-96-108
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A. Planning Division Staff Advisory Report (prepared 9/25L26).
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1. Call to Order
2. Public Hearings
a. FILE NO. V-96-108; Application by Robert Payne for a Variance to reduce the required 15-foot side
setback from the south property line from 15-feet to 8.5-fect to legalize the setback of a sunroom
addition which was added to the existing single-family residence without an approved building permit.
The subject property is located at 23128 76th Avenue West and is zoned RM-2.4.
b. FILE NO. V-96-1 11; Application by Deborah and Rebecca Satterlee, for a Variance to reduce the
required 7.5-foot side setback from the west property fine to 4-feet to allow the construction of a
second story addition. The applicant is requesting the variance to allow the proposed second story
addition to protrude into the side setback by 3.5-fect in order to match the current west wall of the first
floor. Ile subject property is located at 7716 200th Street Southwest and is zoned RS-8.
3. Administrative Reports - No Reports.
4. Adjournment
PARIUNG AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILIT'm
(Contact the City Clerk at 771-024S with 24 hours adWnce noticefor special accommodations)
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cc: Ron McConnell, Hearing Examiner
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CITY OF EDMONDS
250 STH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION
ADVISORY REPORT
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS
To: Ron McConnell, Hearing Examiner
From: Z-Z
Kirk J. Vinish, AICP
Planner
Date: SEPTEMBER 25,1996
File: V-96-108
ROBERTPAYNE
Hearing Date, Time, And Place: October 3. 1996, At 9:00 AM
Plaza Room - Edmonds Library
650 Main Street
TABLE OF CONTENTS
Section
Page
I. INTRODUCTION ........................................................................................................................ 2
A. Application ........................................................................................................ I .............
............ .............. 2
B. Recommendations ................................................................................................ I ....................................... 2
II. FINDINGS OF FACT AND CONCLUSIONS ............................... ........................................... 2
A. Site Description ......................... I .............. .................................................................................................. 2
B. Edmonds Community Development Code (ECDC) Compliance ...................... . ....... ................ I ............... 3
C. Technical Committee.
................................................................................................................................. 4
D. Comprehensive Plan (ECDC) .................................................................................................................. �.A
III. RECONSIDERATIONS AND APPEALS ........................................................................... 5
A. Request for Reconsideration ....................................................................................................................... 5
B. Appeals ...... ...... ..................... ....... ........ .......... 5
IV. LAPSE OF APPROVAL ........................................................................................................... 5
V. NOTICETO COUNTY ASSESSOR ...................................................... I ............. .......... ........... 5�
VI. APPENDICES .......................................................................................... ........................ 5
VII. PARTIES OF RECORD ................................................. I ........... 5
...................................
V96-108DOC /Septcrnber25,1996 /Staff Rport
Robert Payne
Fitt No. V-96-1 08
Page 2 of$
INTRODUCTION
A. Application
I . Applican : Robert Payne (see Attachment 1).
2. Site Location: 23128 76th Avenue West (see Attachments 3 and 4).
3. Reque Application to reduce the required side setback from 10-feet to 8-feet 6-inches,
for an existing sunroom addition (see Attachments I and 2).
4. Royiew Process: Variance; Hearing Examiner conducts public hearing and makes final
decision.
5. MAjor Issues:
a. Compliance with Edmonds Community Development Code (ECDC) Section 16.20.030
(SINGLE FAMILY RESIDENTIAL - Site Development Standards).
b. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.85
(VARIANCES).
B. Recommendations
Based on statements of Fact, Conclusions, and Attachments in this report we recommend
Approval of this application subject to the following conditions:
I . Ibis variance is to allow the proposal in the location identified on the proposed site plan (see
Attachment 4). Any other structures, additions or remodels would have to conform with the
typical setbacks or height requirements for the zone or obtain another variance.
2. This application is subject to the applicable requirements contained in the Edmonds
Community Development Code. It is the responsibility ofthe applicant to ensure compliance
with the various provisions contained in these ordinances.
3. The applicant must obtain a building permit prior to construction.
4. The permit should be transferable.
FINDINGS OF FACT AND CONCLUSIONS
A. Site Description
1. Site Development And Zoning:
a)
(1) Sim: The subject property is approximately 18,467 square fbet in area (see
Attachment 4).
(2) Zonin : The zoning ofthe subject property is Multi-ramily Residential (RM-2.4).
(3) Terrain and Ve2etation: The subject property is generally flat, with all open areas
vegetated (see Attachment 4).
Robert Payne
File No. V-96-108
Page 3 of 5
2. Neighboring Development And Zoning:
a) Fich:
(1) No9h: Developed with multi -family residences, and zoned RM-2.4 (see Attachment
3).
(2) &ulh: Developed with detached single family residences, and zoned RS-8 (see
Attachment 3).
(3) L-19: Developed with detached single family residences, and zoned RS-8 (see
Attachment 3).
(4) _Wsq: Developed with multi -residences, and zoned CG (see Attachment 3).
b) C9jLdvdN: The proposed development would be consistent with the surrounding
zoning and development.
B. Edmonds Community Development Code (ECDC) Compliance
1. Compliance with RM-2.4 Zoning Standards
a) FAck:
(1) The fundamental site development standards in a RM-2.4 zone are set forth in
Chapter 16.20.030.
(2) Minimum side setback in the RM-2.4 zone is 15-feet.
b) Conclusion: Except for the requested street and side setback variance, the applicant is
proposing to build a structure which conforms to the RS-8 development standards for
locating structures on a lot.
2. Compliance with requirement for a Variance
ECDC Chapter 20.15B. I 8O.A, states an applicant may request a variance from the standards
of this Chapter pursuant to the procedures set forth in ECDC Chapter 20.85 (Variances).
Chapter 20.85 of the ECDC sets forth the mechanism whereby a provision of the Code may
be varied on a case -by -case basis if the application of the provision would result in an unusual
and unreasonable hardship (see Attachment 2).
a) FAch:
(1) ECDC Section 20.85.010 establishes the decisional criteria with which a variance
request must comply in order to be granted by the Hearing Examiner. These criteria
include: a special circumstance must exist; no special privilege is granted; the
proposal is consistent with the Comprehensive Plan and the Zoning Code; the
proposal will not be detrimental and is the minimum necessary.
(2) Variances may be used to modify bulk standards. They may not be used to modify
use or procedural requirements.
(3) The sunroom/garage does not encroach upon the setback any more than the existing
residence. According to the applicant the house was constructed in 1948.
(4) The subject property was annexed to the City of Edmonds in 196 1.
(5) According to the applicant the sunroom was constructed in 1963 without permits.
(6) The City does not have any record of required side setbacks for the RM-2.4 zone in
1963. However, the building code would have required a 5-foot setback.
(7) It appears that the applicant dedicated the adjacent road to the City in 1965.
V96- I OSMOC I September 25, 1996 Staff Report
t
7
d
Robert Payne
File No. V-96-108
Page 4 of 5
b) Conclusions:
(1) Special!Cir-cumstances
Special circumstances include the SiZe, Shape, topography, location or surroundings
of the property and public necessity for public structures.
Special circumstances appear to exist due to the actions of the City in requesting the
road to be dedicated and thereby creating the need for a variance. If the applicant
had obtained a perm it prior to construction or in 1965 when the road was constructed
a variance would not be required at this time. Finally, if the applicant had not
dedicated the road to the City the need for a variance would not be necessary.
(2) 5KdWTAy1JW
It does not appear that any special privilege will be demonstrated in granting this,
variance in that other properties in the same zone with similar circumstances would
also qualify for a variance (see Attachment 2).
(3) Zoning Code and the Comprehensive Plan
Approval of the proposed variance would allow for the continued development of
the site in a manner consistent with the intent of the Zoning Code and the
Comprehensive Plan designation ofthe site (see Attachment 2).
(4) N&tD&IdMMW
Approval of the variance would not be detrimental to the public health, safety or
welfare (see Attachment 2).
(5) Minimum Required
The request is the minimum necessary fbi accommodation of the sunroom (see
Attachments 2 and 4).
C. Technical Committee
1. Fact: No comments were submitted by other departments.
D. Comprehensive Plan (ECDC)
La. Fact: The subject property is designated as "Corridor Developmenf'.
b. Conclusion: The proposed development is consistent with the existing Comprehensive
Plan Land Use designation for the site.
2. a. FAcb: The Comprehensive Plan, Residential Development section, identifies goals and
policies which relate to "Residential Development" in the City. Specific goals and
policies are discussed in detail below.
(1) Section B states as a goal of the City that: "High quality residential development
which is appropriate to the diverse lifestyle of Edmonds residents should be
maintained andpromoted ... ..
(2) Section B.2 states as a policy of the City that: "Protect neighborhoods from
incompatible additions to existing buildings that do not harmonize with existing
structures in the area.
b. Conclusion: The proposed development is consistent with the above adopted goals and
policies ofthe City for the development of residential property in the City.
V96-108.DOC/S.eptembei2S,l996/StaffReport
r, Ail
-7
Robert Payne
File No. V-96-108
Page 5 of5
III. RECONSIDERATIONS AND APPEALS
The following is a summary ofthe deadlines and procedures for filing reconsideration's and appeals. Any
person wishing to file or respond to a recommendation or appeal should contact the Planning Department
for further procedural information.
A. Request for Reconsideration
Section 20.100.010.G allows for the Hearing Examiner to reconsider his decision or
recommendation if a written request is filed within ten (10) working days of the date of the initial
decision by any person who attends the public hearing and signs the attendance register and/or
presents testimony or by any person holding an ownership interest in a tract of land which is the
subject of such decision or recommendation. The reconsideration request must cite specific
references to the findings and/or the criteria contained in the ordinances governing the type of
application being reviewed.
1B. Appeals
Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or
recommendation shall be made. The appeal shall be made in writing, and shall include the
decision being appealed along with the name of the project and the date of the decision, the name
of the individual or group appealing the decision, their interest in the matter, and reasons why the
appellant believes the decision to be wrong. The appeal must be filed with the Community
Development Director within ten (10) working days after the date ofthe decision being appealed.
IV. LAPSE OF APPROVAL
Section 20.05.020.0 states 'Unless the owner obtains a building permit, or if no building is required,
substantially commences the use allowed within one year from the date of approval, the conditional use
permit shall expire and be null and void, unless the owner files an application for an extension of the time
before the expiration date!
V. NOTICE TO COUNTY ASSESSOR
Ile property owner may as a result of the decision rendered by the Hearing Examiner request a change in
the valuation of the property by the Snohomish County Assessors Office.
VI. APPENDICES
Attachments 1 through 4 are attached.
1. Application
2. Declarations ofthe Applicant
3. Vicinity Map
4. Site Plan
VII. PARTIES OF RECORD
Applicant
Planning Division
Engineering Division
Fire Department
Parks Department
Public Works Department
V96-108.130C / September 25, 1996 1 Staff Report
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The undersigned applicant, and his/ her/ its heirs, and assigns, in consideration of the processing of the
application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all
damages, including reasonable attorney's fees, arising from any action or infraction based in whole or in part upon
false, misleading, inaccurate or incomplete information fumished by the applicant his/ her/ its agents or
employees.
The undersigned applicant grants his/ hert its permission for public officials and the pfoff �f #I,- ('N -4
enter the subject property for the purpose of inspection and posting aftendant to this
SIGNATURE OF APPLICANT/ OWNER/ AGENT
A17ACHMENT I
File No. V-96-108
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Your application is now complete and has been scheduled for public hearing at the time and place listed
below.
Action: H . nZ to consider a Variance.
File No. Assigned: Y-96-108
Date of Hearing: -October 3. 19%
Time: 9:00 A.M. or as soon thereafter as possible.
Place: Plaza Room, Edmonds Library
650 Main Street
Hearing Body: Hearing Fxaminer
Please be aware that your presence at the hearing is highly advisable. If an applicant or his
representative is not present, the item may be moved to the end of the agenda. Items not reached by the
end of the hearing will be continued to the following month's agenda. I
If you have any further questions, please do not hesitate to contact 1Grk J. Vinish, Project Planner at
771-0220.
Sincerely,
Community Services Department - Planning Division
rey �SWilson, AICP
Current Planning Supervisor
pc: File No. V-96-108
Kirk J. Vinish, Project Planner
^ChWLeMDx 0 Incorporated August 11, IM 0
09/171%.CORMS%MOTICE
Sister Cities International — Hekinan, Japan
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 ........................................
....... P.u.bli.c ... H.ear.ing./.De.v,e.1.o.pme.n.t ... Appjj,!�q,�ion
.. ....... .. .... .. ... I .. .. . .. ....... .. . ......... .....................
Robert Payne
........................................................................... ..........................................................
File No.: V-96-108
................................................................ I .....................................................................
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:
September 19, 1996
.................................................... I ...............................................
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and that said newspaper was regularly distributed to its subscribers
during all of said period.
. . . . . . . . . . . . -/U--/n?-I2 ..........................
Principal Clerk
Subscribed and sworn to before me this ........... �9th
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da �S��ekptember 96
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"AL AD Q`:"�TISE IENT AND SHOULD BE 13ILLED
h'r
T E PLANNING DEPI_ARTMENT
PUBLIC HEARING and
NOTICE OF. DEVELOPMENT APPLICATION
Name of Applicant.
Robert Payne
File No.:
V-96-108
Project Location:
23128 76th Avenue West
Project Description:
Variance to reduce the required 15-foot side setback from the South property fine
to 8.5-feet for an existing sunroom addition.
City Contact:
l(irk Vinish
Public Comment Period Due By: 10/3/96
Name of Applicant:
Deborah and Rebecca Safteriee
File No.:
V-99-111
Project Location:
7716 200th St SW
Project Description:
Variance to reduce the required 7.5-foot side setback from
the' west proparly line
to 4-feet to allow4he construction of a second story addition
which protrudes into
the side setback by 3.5-feet in order to match the
current west wall of the first
floor.
City Contact,
l(irk Vinish
Public Comment Period Due By: 10/3/96
PUBLIC HEARING INFORMATION
Time:
9:00 AM
Date:1
October 3, 1996
Location:
Plaza Meeting Room - 650 Main St, Edmonds
Publish: Sept. 19, 1996 Sandy Chase, City Clerk
0
, 0
'tED-
QUITCLAIM D
tora. herein
Rayne,..."...i and...Ruth R..,.P
� #.. Y ayne....his wife ..................
0 "ren
............ ............ .... ............. . ....... ............. . .. .............. . ............. ........................ ....... : ......................................... ...............
neldoration of mittmal..h6nefl.ta..�to..be-4erived . ................... .................. .........
for th; co'
.......................... ............
the receipt of which Is hereby acknowledged, and also of benefits to accrue .,:111AM
.. ......... by reason a! laying
out and establishing a public road throu
gh� ............... property, and which la.hera'after described, do convey,
release and quit -claim to the City of Edmonds, State of Washington, for the use of the b c forever, as a public road
im 11
I and highway. all interest In the following described.real estate, viz:
The South thirty feet of Tract 16, Skelton's Uke McAleer
rive Acre Tracts as recorded In Volume 6
of Plats, Pape 21t
Records of Snohomish CountyO.Washington,
it
it
CO
NO SALES� TAX
REQUIRED
IN 16 196�
BY
AtUmted In the County of Snohomish. State of Washington.
Deputy
The Grantor.5 hereby agree and consent to the establishment of said road" as
surveyed and of.record' In -the
City of Edmonds runginor's office as Survey No . . ....... and to the porpe
tUld maintenance of the same as
a City
Street, and waive all clalm for damages of whatever kind which may be occasioned to adjacent land by the location,
establish t, construction, draluago and maintenance of said atrect, and,agrees and consents to the right of the City to
"nocnessary lopes for cuts and fills whenever tjiey extend beyond the right-of-way line, upon above m6ntioned
malco all n a
a at
ree , a I In conformity with standard practices of City atreet. construction, and to the same extent and purpose as If
the rights herein granted had been acquired by condemnation proceedings under Eminent Domain Statutes
of the State
of Washington . ........ ................ �... .................... ...
............. .. ................ I .................. ................ . . ........ . ... I ..........
Sald.covenants shall run with the land and be binding upon th grando
a r....,
.............. or I
Dated this ......... day of A4d V'd sea
.... . .......... .............
.... . ........ ................
n(VY -..:".;A I I
APPLICATION ROUTING FORM FILE: V-96-108
AND CHECKLIST FROM: PLANNING
ROUTED TO:
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Public Works--QL2Zj26_
Parks ex Rec. 8/27/96
Staff Comments: c5ze a- At cAea( ,v�
AUG 2 7 1996
RETURNED ENGINEERING
Engineering-,
Fire
Public Works_
Parks 8z Rec.
*PER WHAT SECTION OF THE CODE?
*COMMENTS WITHOUT CITATIONS WILL NOT BE CONSIDERED
*Additional Information Required for Complete Application
*Additional Studies Required to Complete RevieW
• Owner, RQBERT PAYNE
• Property Address 23128 76TH AVENUE WEST
1 Date of Application 8/27/96
• Type VARIANCE TO REDUCE SIDE SETBACK
• Hearing RequIred1:Yes—)L_ No— Date of Hearing (if known)
X—Applicalion
X Fee
X APO List
—Title Report
......... ...... .... Vicinity Map
Elevations
_____PeflUon (Official Street Map)
92-138 Critical Areas Determination
W
Site Plan for Short Subdivision (8.5 x 11)
—A—Site Plan (11 x 17)
x egals (EAsting & Proposed)
----__Environmental Assessment
-----?roof of 2-Year Occupancy (ADU)
(Variance & C. U. P.)
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U ARCHITECTURAL DESIGN BOARD
13 COMP PLAN AMENDMENT.
13 CONDITIONAL USE PERMIT
0 HOME OCCUPATION
C) FORMAL SUBDIVISION
0 SHORT SUBDIVISION
Q LOT LINE ADJUSTMENT
C3 PLANNED RESIDENTIAL DEVELOPMENT
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HEARING DATE
HE El STAFF Ell PB 13 ADB 0 CC
ON TAKEN:
L3 APPROVED El DENIED 13 APPEALED
APPEAL#
Agent Phone Y79 -72�S;�'Z
Address
Tax Acc # Sec. Twp. Rng.
Legal Description
Details of Project or Proposed Use 10�44
The undersigned applicant, and his/ her/ its heirs, and assigns, in consideration of the processing of the
application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all
damages, including reasonable attorney's fees, arising from any action or infraction based in whole or in part upon
false, misleading, inaccurate or incomplete information fumished by the applicant, his/ her/ its agents or
employees.
The undersigned applicant grants his/ her/ 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 application.
I SIGNATURE OF APPLICANT/ OWNER/ AGENT
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FILE: V-96-108
FROM: PLANNING
RETURNED 22AC/-!4W— AUIJ i- Li 19"?,q
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Engineering
Fire
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*PER WHAT SECTION OF THE CODE?
*COMMENTS WITHOUT CITATIONS WILL NOT BE CONSIDERED
*Additional Information Required for Complete Application
*Additional Studies Required to Complete Review
31111139 1=1 - I
1 Property Address--23J.U76TH AVENUE WEST
± Date of Application 8/27/96
± Type, VARIANC SIDE SETRAry
± Hearing Required:Yes--X— No— Date of Hearing (if known)
__2L_Applicafion
X Fee
—X APO List
. . . ...... ...... Title Report
Vicinity Map
_______ElevaUons
____2efifion (Official Street Map)
92-138 Critical Areas Determination
Site Plan for Short Subdivision (8.5 x 11)
X Site Plan (I I x 17)
__2�_Legals (Existing & Proposed)
—Environmental Assessment
—_____?roof of 2-Year Occupancy (ADU)
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FILE: V-96-108
FROM: PLANNING_
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*PER WHAT SECTION OF THE CODE?
*COMMENTS WITHOUT CITATIONS WILL NOT BE CONSIDERED
*Additional Information Required for Complete Application
*Additional Studies Required to Complete Review
• Owner ROBERT PAYNE
• Property Address 23128 76TH AVENUE WEST
Date of Application -8/2 7196
Type VARIANCE TO REDLICE SIDE SETBACK
Hearing Required:Yes X No— Date of Hearing (if known)
X _Application
_______,Site Plan for Short Subdivision (8.5 x 11)
_2L_Fee
X Site Plan (11 x 17)
X -APO List
x egals (Existing & Proposed)
Title Report
Afsessment
_______�Vicinity Map
I ----Proof of 2-Year Occupancy (ADLI)
--___Elevations
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Checklist
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Staff
FORM
FILE: V-96-108
FROM: PLANNING
RETURNED
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Public Works/
Parks at Rec.
*PER WHAT SECTION OF THE CODE?
*COMMENTS WITHOUT CITATIONS WILL NOT BE CONSIDERED
*Additional Information Required for Complete Application
*Additional Studies Required to Complete Review
e Owner
• Property Address 23128 76TH AVENUE WEST
• Date of Application--- 8/27/96
• Type VARIANCE TO REDUCE SIDE SETBACK
± Hearing Required:Yes--X— No— Date of Hearing (if known)
X----Application
X___Fee
X APO Ust
. . ...... ......... Title Report
-----Yicinity Map
---__ElevaUons
Patton (Official Street Map)
92-138 Critical Areas Determination
_Site Plan for Short Subdivision (8.6 x 11)
X Site Plan (11 x 17)
-ji—Legals (EAsting & Proposed)
—Environmental Assessment
-----Proof of 2-Year Occupancy (ADU)
—Declarations (Variance & C. U. P.)
---___Environmental Checidist
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ROUTING FORM
CHECKLIST
ROUTED TO:
Enigine'erin'tc
Fire- ' ' 810196
Public Works--812L2-6_
Parks 8t Rec. 8/9/26
FILE: CU-96-103
FROM: PLANNING
4
RETURNED AUG 9 1996 0 49198
Engineering ENGINEERING
Fire,
Public Works
Parks ex Rec
*PER WHAT SECTION OF THE CODE?
*COMMENTS WITHOUT CITATIONS WILL NOT BE CONSIDERED
*Additional Information Required for Complete Application
*Additional Studies Required to Complete Review
=0=- I
Properry Address -- 601 9JH AVENUE SOUTH
Date of Applicaflon 817/96
Type ACCESSORY DWELLING UNIT
Hearing Required:Yes-- X No— Date of Hearing (if known)
X
_Application
X
-Fee
X
-APO List
-Title Report
X
-vicinity Map
Elevations
- Petition (Official Street Map)
96-160
_Crifical Areas Determination
2�_Site Plan for Short Subdivision (8.5 x 11)
---___Site Plan (11 x 17)
---_Legais (Existing & Proposed)
_Environmental Assessment
__Proof of 2-Year Occupancy (ADU)
(Variance & C. U. P.)
_Environmental Checklist
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APPLICATION ROUTING FORM FILE: V-96-108
AND CHECKLIST FROM: PLANNING
ROUTED TO:
RETURNED
Engineering 8/27/96
Engineering
Fire 8/27/96
Fl
Public Wo
Public Works -----
Parks ex Rec. 8/27/96
Parks ex Rec.
Staff Comments:
*PER WHAT SECTION OF THE CODE?
*COMMENTS WITHOUT CITATIONS WILL NOT BE CONSIDERED
*Additional Information Required for Complete Application
*Additional Studies Required to Complete Review
Owner, POBEPT PAYNE— -
Property Address 23128 7-6TH AVENUE WEST
Date of Application 8/27/96
Type VARIANCE TO REDUCE -SIDE SETBACK
Hearing Required:Yes, X NQ-- Date of Hearing (if known)
x Apolication
X Fee
List
—Title Report
cinil, Map
Elevations
---_PefiUon (Official Street Map)
92-138 Critical Areas Detennination
Site Plan for Short Subdivision (8.5 x 11)
—2�—Site Plan (I I x 17)
X --_�Legals (EAsting & Proposed)
Environmental Assessment
Proof of 2-Year Occupancy (ADU)
Declarations (Variance & C. U. P.)
____Environmental Checklist
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Tcity of eknonds
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lan�d use application
Q ARCHITECTURAL DESIGN BOARD
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0 CONDITIONAL USE PERMIT ZONE P-M 2.
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L3 FORMAL SUBDIVISION Z7 19 & REC'D BY
L3 SHORT SUBDIVISION FEE 6 / 3 RECEIPT# 2-\' z4
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El SHORELINE PERMIT ACTION TAKEN:
VARIANCE / REASONABLE USE
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Details of Project or Proposed Use 1/1 4PUW-M/-'eA'-
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The undersigned applicant, and his/ her/ its heirs, and assigns, in consideration of the processing of the
application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all
damages, including reasonable attorney's fees, arising from any action or infraction based in whole or in part upon
false, misleading, inaccurate or incomplete information furnished by the applicant, his/ her/ its agents or
employees.
The undersigned applicant grants his/ her/ 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 application.
SIGNATURE OF APPLICANT/ OWNER/ AGENT
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THIS NOTI E -W DUE TO THE QUALITY OF THE DOCUMENT - .
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Attach this notarized declaration to the adjacent prDperty owners fist
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On my oath, I certify that, the names and addresses provided represent all properties
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Lawrence Sackett
Juanita Sackett
23108 75th Ave W
Edmonds, WA 98026-8517
James & Sallee Conn
23117 76th Ave W
Edmonds, WA 98026-8703
Daniel Curnutt David & Mary Miller
23129 76th Ave W 23128 75th Ave W
Edmonds, WA 98026-8703 Edmonds, WA 98026-8517
Lore Raupach
23118 75th Ave W
Edmonds, WA 98026-8517
Dennis Burns Glenn Salmi
23206 75th Ave W 23205 76th Ave W
Edmonds, WA 98026-8518 Edmonds, WA 98026-8705
Hyong *im Russell Herrick
23225 76th Ave W 23214 75th Ave W
Edmonds, WA 98026-8705 Edmonds, WA 98026-8518
9830 INVESTMENTS NO 2
9830 Wilshire Blvd
Beverly Hills, CA
90212-1804
Lee & Penny Stycket
15539 61st Ave NE
Bothell, WA 98011-4301
Archie Butler
23125 Highway 99
Edmonds, WA 98026-8737
Gene Chard ,
23124 76th Ave W
Edmonds, WA 98026-8702
Thomas & Mary Murphy PRINCE COMPANY
4339 Mallard Creek Cir 4230 W Cramer St
Stockton, CA 95207-5204 Seattle, WA 98199-1005
A A Cerauli Harry Arey
23302 76th Ave W 23138.76th Ave W
Edmonds, WA 98026-8706 Edmonds, WA 98026-8702
Kevin Hannam
23208 75th Ave W
Edmonds, WA 98026-8518
Dean Nickle
23211 76th Ave W
Edmonds, WA 98026-8705
James & Mariella Roberts
23215 76th Ave W
Edmonds, WA 98026-8705
Howard Schroeder
Virginia Schroeder
PO Box 3367
Lynnwood, WA 98046-3367
Robert & Ruth Payne$ Jr.
23128-?6th Ave W
Edmonds$ Wa 98026-8702
Ryan & Lynda Payne
14907 19th Ave SE
Mill Creek, Wa
98012-8222
mark & T Robin Bisson
23204 76th Ave W
Edmonds, WA 98026-8704
FBI
David Sharp
Roger Bueing Debbie Peterson
Phyllis Weishaar
23202 76th Ave W 232i2 76th Ave W
23148 76th Ave W
Edmonds, WA 98026-8704 Edmonds, WA 98026-8704
Edmonds, WA 98026-8702
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Joanne Love Hans Szegiet
Nyung Christie Kang
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4100 200th St SW #25 23214 76th Ave w
23220 76th Ave w
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Lynnwood, WA 98036-6734 Edmonds, WA 98026-8704
Edmonds, WA 98026-8704
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Howard Holloman David Gerde
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Lorelei Holloman Virginia Hawkins-Gerde
Suk Yun Myuang Cha Bae
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23203 77th Pi w 23207 77th Hawkins-Gerde
7705 234th St SW
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Edmonds, WA 98026-8764 Edmonds, WA 98026
Edmonds, WA 98026-8836
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Mazen & Sahar Mahmoud Ki Jun Soon Ae Chon
Ali Fae zah Alghanim
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23217 77th P1 W 7709 233rd Pl SW
7707 233rd PI SW
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Edmonds, WA 98026-8764 Edmonds, WA 98026-8763
Edmonds, WA 98026-8763
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