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23319 75TH AVE W (3).pdf4 i i Wd � j, too CITY OF EDHONDS FILE # 29 BOARD OF ADJUSTMENT DATE a APPLICATION FOR VARIANCE FEE REC'T # —6 HEARING DATE: E. T. Hinrichs 23319 75th W CITY & ZIFEdmondst 98020 APPLICANT ADDRESS 778-2363 owner PHONE Indicate type or degree of interest in the property: OWNER: E. T. Hinrichs ADDRESS,CITY & ZIP 23319 75th W. Edmonds, 98020 HONEZ78-2363 23319 75th W, Edmonds LOCATION OF PROPERTY(ADDRESS) A portion of Lot 3, block 3, Lake Ballinger Lnad Cole Plat, LEGAL DESCRIPTION OF PROPERY: subdivision Wo. 1 according to the plat thereof reenrded in volume 9 of plats pages 57 & 58 records of Snohomish Countyv Washington described as fdillows; Commencing at the NW corner of said Lot Is t nce B890-45'-10"E along the N line of said Lot 3, 108.69feet; thence S 00-141-3011 W K; 95-00 feet; thence N890-45'-30" W 114-39 feet to*the West Line of said Lot 3; thence X30-5113011 E alone, the West line pf ststid 95-19 fee� to* the.NW corner of said lot 3, and titue p6intLEGAL DESCRIPTION CHECKED & APPROVED o beginning. USE ZONE BY PLANNING DIVISION R s 8 ZONING ORDINANCE REQUIREMENT: ly4z� Z--Ielog AJI, STATEMENT OF CONDITIONS AND REASONS FOR REQUEST, IN ACCORDANCE WITH STANDARDS AND CRITERIA ATTACHED: STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH Signature of,Xpplicant, Owner or Representative On this date, before me, the undersigned, a Notary Pub in and 0 the St te of L r jz Washington, duly commissioned and swo.rn, personally appeared!0&4-17 .4 —,wh0l, being t Whe has prepared qtd read the foregoing duly sworn, on 4%Wher oath deposes and says tha A statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as 4;Ae/her free and voluntary act and deed for the purposes therein mentioned. Subscribed and sworn to before me thisIT--day of. 19 residing ata)MI, el"I Notary Public in and for the State of WasWington. ALLEGATIONS OF APPLICANT 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. POINT 2. The variance I am requesting fare or injurious to the properties or which my property is located -because: ,�7 will not be detrimental to the�public wel-. improvements in the vicinity of a zone in 7 _7 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: POINT 4. So as not to grant a 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. I Record of Findings of Fact by Board of Adjustment The Board of Adjustment for the City of Edmonds finds in the case of rile No. request for variance at the following: I. That notice was given according to Code requirements,, and Affidavits attesting to same are in the file. 2. That the foregoing set forth Standards and Cri.teria each have/hava-wt been met. 3. In addition thereto, 3, 4. Therefore, the request for variance is Dap4d/Granted, subject to the following special condi tions: 5. Section 12.16.110 "----and if a building permit and/or occupancy �%ermit is not obtained fo—F-flie subject property within one year from the date of the Board's deci , sion, the con- ditional use permit or variance shall be automatically null and void.___11 6. Decision shall be -effective on: 72 (Date) DATED: 21 —7 Chairman, Board of Adjustmen DATA Date of Application: Date of Hearing: Date of Publication: Continuances: Date of Posting: �J - J Date of Appeal from Decision of the Board: Secrafary. 0 /ard oM iustme�nt��� . i , IMMM a -, NOTICE OF HEARING PETI TION FOR VARIANCE BY EDMONDS BOARD OF ADJUSTMENT Al 1 Anterest ed persons are hereby notified that Wednesday, the.,�-,, 21st day of March 19 79 has been.set as 'th e for hearing petition filed by E. T. Hinrichs f variance -Ug*)pg*r4j;t from requir ed front or a y rd setback�..�'—, a -at 23319 75th Avenue West said property being zoned RS-8 Said hearing will be at 7:30 P.M. in 'the Council Chambers of the 4 Civic Center, Edmonds, Washington before the Board of Adi ustmen t and all interested persons are invited to appear. IRENE VARNEY MORAN Ci ty Cl erk, Ci ty of Edmonds FILE NO: V-21-79 PUBLISH: 3-5-79 177r Affidavit of Pu6lication STATE OF WASHINGTON. COUNTY OF SNOHO1WSH1 B-2-1 I SS. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of the EVERETT HERALD, a daily news - I �Z- paper printed and published in the City of Everett, County of Snoho- mish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohornish County, and that the notice .................................... NOTICE OF HEARING ...................................................................................................................................... . .................................... ................................ ............................ 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 editi . on of said paper on the following days and times, namely: MARCH 5, 1979 .............................. ........................................................... ........................................... . ............ .............................. ............................... .................................................... and that said newspaper was regularly distributed to its subscribers P during all of said p ....................................... .............................. .. ............. ...................... Principal Clerk 6th Subscribed and sworn to before me this ................. ...... dayof ............................................ . ................... 19 ... 79 .... .... . ................ .. ..... . .............. . ... .... ....... ......... ....... To try Public in ad for tiheltate of Was�hdngton, residing at Everett, Snohomish County. --------- . ..... L - -------------- FILE NO. V-21-79 APPLICANT E.T. Hinrichs AM 14uTICE OF PUBLIC all —1-M 'loll NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A THE PUBLIC HEARING WILL BE HELD BY ................... OR. AN APPLICATION HAVING BEEN FILED F f f: ..................... ................... ...................................... .............. ............................................................................. .... 7517.. 1 . PROPERTY DESCRIPTION OR ADDRESS: . . . . . . . . . . . . %L ...................................... ........................... ZIA ..................................... . ............ .................................................... �a .,-.ZONE CLASSIFICATION:. 0*�JIME & DATE OF HEARIN DAY DATE. 5, THE MEETING WILL BE. HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC THIS th AVENUE '5- CENTER, 250 5 NORTH. ANY PERSON INTERESTED' I N PROPOSAL 'MAY APPEAR IN SUPPORT OF OR IN OPPOSITION TO IT. COMMENTS CONCERNING THE APPLICATION MAY BE SUBMITTED PRIOR TO OR AT THE� BE, MEETING, IN PERSON OR I N WRITING. ADDITIONAL INFORMATION MAY 227). IN THE OBTAINED AT THE PLANNING DIVISION (PHONE 775-2525 EXT C EVENT THE AGENDA IS NOT COMPLETED ON THE ABOVE DATE, THE PUBLI ULAR MEETING AT *THE SAME EARING WILL H BE CONTINUED, TO THE NEXT REG TI M E AN D PLACE. PUBLISHED .......... .......... 0 F I L E N 1-7 'AFTER ub I ER M AY BE REMOVED TH I S P"'r The removal, mutilation, destruction, or;.;,. concealment of this notice prior to the date of the hearing is a misdemeanor punish , able I( N by fine and imprisonment. . M FILE NO. V-21-79 APPLICANT E.T. Hinrichs AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. --COUNTY OF SNOHOMISH Maryanne Townsend being first duly sworn) on -oath deposes and says: That on the_;�� d a y o f _'19 the attach Notice of Public of Hearing was mailed as required to adjacent, property owners, the names of wh ich were provided by the applicant. Signe444AA.4 Subscribed and sworn to before.me this —day o 19 Notary Public in and f or the State of Washington Residing at rr) Q'� 'A' March 16, 1979 MEMO TO: Board of Adjustment FROM: Harry M. Whitcutt SUBJECT: V-21-79 - E. i HINRICHS ,In my.memo of July 16, 1978 to the Board of Adjustment I stated that a reduction of four feet in the width of the garage would still permit it to be used as a double garage. N", This did not take into account the Drojection caused by the exterior.porch and steps at the'house entrance, which will be an obstacle to acce'ss. I have reviewed the matter and have the following comments- 1. There are no standards established for minimum sizes of garages in thebuilding code adopted by the City. 2. F.H.A. standard #611 requires that when an entrance platform is located within a two car garage that the minimum width be 18'-4" measured from the face of the studs to the edge of the platform. �5 3. In this case the platform and steps are outside the garage but provide the same impedance as if within the structure. See Figure I. 4.- In my opinion the garage should be at least 23 feet in width for reasonable access, as shown by Figure II.- 5. The City Engineer has indicated that the garage.will not impair safe sight distance to vehicles egressing or ingressing, or to traffic on 7.5th Avenue West. .Based on these considerations I recommend approval of the variance. HMW/ae attachments '17 1 4 ' LL A 1,0 Li rn ��L ��o (07) j 4 U V 1 t 1 4 I p d I '44 �l It d d t Is It S I k jp ..V. st -e s .0 la so ob :. r % 4, x 00 #AJ, 0 Is 1- 1 �-* N. Im I, . % % q � . 14 Is me , .,.. . � 4 - N I i's 0 .66, It -% m 04 $1.... to p a T slob I sZ.� 6 .40 A t A' - I - I I mm m 4 eel & 0 ii�*� I" R. "Me Is . tO It f,l Lis j;t 1 1p m Awd, I f t 4 I p see 14 4 td dpIffi� UOOO LI I I ass. k vil t t ""Mills I All, 16 saw All, IF 311111111. z2I NIS IND ses s. WI I 0 Kkk, '2 0 1979 BOARD OF ADJUSTMFRr City of Edmonds, Was In regard to the Variance from required front yard setback, at the address of 23 we feel 75th West that the garage should be at least the five feet .319 from the property line and feel the city should not grant the variance. We hope At this time that Mrs Renricks does not get your sympathy and thprefore got to keep that garage so near the street. As know, we feel that the garage should have never been left and you of all things, attached to a house. Respectfully submittedp 000�� . ......... 175 RECEIVED MM 2 17 9 CITY OF EDMONDS PLANNING DEPT. f EN Chairman Stole commented that in Edmonds all of the restaurants are full for lunch as well as for dinner. Mrs. Medina felt Mr. Maxwell had some valid concerns. She felt the situation at the fishing pier presently was an unknown, until it had gone through a full summer season. She felt they would be giving away for commercial enterprise what the City did not have to give away because it has rights of condemnation and public domain. MRS. DERLETH THEN MOVED TO APPROVE CU-11-79, WITH A CONDITION OF A NONFORFEITURE EASEMENT FOR PARKING, BECAUSE SHE BELIEVED IT COMPLIED WITH THE CITY'S COMPREHENSIVE PLAN FOR THE WATERFRONT, IT WILL PROVIDE ADDITIONAL OPEN SPACE ON THE WATERFRONT, AND ANY ADVERSE IMPACT ON PARKING IN THE DOWNTOWN AREA CAUSED BY THIS SMALL NUMBER CAN BE RESOLVED. MR. BYRD SECONDED THE MOTION. MOTION CARRIED, WITH MRS. MEDINA AND MR. ROY VOTING NO. V-20-79 MICHAEL C. STORRIE - Variance from required front yard setback at 202 3rd Ave. S. (RMH) CU-15-79 MICHAEL C. STORRIE - Conditional Use Permit for professional office at 202 3rd Ave. S. (RMH) Ms. Luster said the applicant is a psychiatrist specializing in geriatrics. His proposal at this address is to have office space on the bottom floor, storage space on the next floor, and his residence on the top. This would not be a rezone. The required setbacks from 3rd Ave. S. and from Dayton St. would be 15' but the existing older house is 14'8" from 3rd Ave. S. and 11'4" from Dayton St. A 6'x 12' addition was proposed along the existing building line and it would not interfere with traffic in the area. Ms. Luster felt it was a reasonable request and would be a minimum variance for the site. Zoning to the south is RMH and thethreecorners around it are BC. Ms. Luster recommended approval, feeling it would not be detrimental to the surrounding area. With regard to the Conditional Use Permit application, she said that was t for a doctor's office with a residence in the upstairs por ion of the building. She said the proposed use was consistent with the development of the area. It will be a low key professional office. One parking space for every 200 sq. ft. of office area is required. The proposed type of practice would not'substantially increase traffic or adversely affect adjoining his type of combined use is permitted in multi -family uses to the east. T wa this zone. Ms. Luster recommended approval because the use s compatible with the devleoping character of the area, all code requirements will be met, and the use will not be overly intensive in this area and does abut uses which are more intensive. The public portion of the hearing was opened. The applicant had nothing to add, and no one else wished to speak. The public portion of the hearing was closed. An explanation of.the parking was requested, and the applicant said he was not happy with his parking situation. He said he needed five parking spaces and there is the required as not satisfied with the parking layout square footage available but he w he would have to use. City Attorney Wayne Tanaka advised that he could not buy into the In -Lieu Parking Fund in this zone. The parking layout is to be worked out with the Engineering Division. Mr. Roy commented that this property had appeared before the Board three times since -he had been on the Board, and he felt this was the best proposal he had seen for it. He did not believe this remodel would be detrimental to the neighborhood. MR. ROY MOVED, SECONDED BY CHAIRMAN STOLE, TO APPROVE V-20-79 AND CU-15-79 BECAUSE IT MEETS BOTH THE VARIANCE CRITERIA AND THE CONDITIONAL USE PERMIT CRITERIA. MOTION CARRIED. V-21-79 E. T. HINRICHS - Variance from required front yard setback at 23319 75th Ave. 4. TRS-8) Ms. Luster referred to the last minutes on this matter, dated August 16, 1978, file V-42-78, the action in which required that the east/west length of the garage be shortened by 4', the 4' coming from the west side. The applicant was now requesting that only 2' be removed in order that he could utilize a BOARD OF ADJUSTMENT Page 11 - March 21, 1979 E " The Building official had previously stated the garage e two -car garag ble garage with the 41 reduction but he had could still be used as a dou caused by the exterior porch and not taken into account the projection ce which would be an obstacle to access. In steps at the house entran, recommended approval of this variance request. re -assessing the.matter he ed that the garage would not impair safe The city Engineer had indicat gressing, or to traffic on �Awa 7 -i t distance to vehicles egressing or in I 5th Ave. W. in the 75th Ave. W. There were no plans to widen or .. y this was probably the best solution to near future. Ms. Luster stated Mr. Roy commented that this was the fourth time the Board this problem. -ings for Mrs. Medina who hear had heard this, and he reviewed the previous this was heard previously. The public portion of was not on the Board when the hearing was then opened. James Chapman of 23321 75th Ave. W., the applicant s adjacent neighbor, asked to complete the garage in total, as he would allow Mr. Hinrichs if approval could be done each year. City had understood only a certain percentage improve the structure dvised that the applicant could Attorney Wayne Tanaka a iarry Whitcutt said he believed that would official 25% per year and Building almost to be completed. Mr. Chapman said he thought he allow the garage they would all like to several of the other neighbors and could speak for ), including getting and the whole matter wrapped uf finish see the stalemate ended ipplicant to completed. He urged the Board to allow the a the garage MR. ROY--SAID 17 the garage . The public portion of t he hearing was closed. THIS WAS PROBABLY A GOOD SOLUTION AND PROBABLY TO'TH.E;, APPEARED TO HIM THAT BENEFIT OF THE NEIGHBOR HOOD -AND HE FELT APPROVAL,WOULD.BE FOR-THE'PUBLIVS :LERAAS, To APPROVE'� . Roy MOVED, SECOiDtD BY1MR �WELFARE�.­.THEREFOM' MR STOLE� VOTING N6. CARRIED, WITH'MRS.- 41'79 MT -ION further business to come before the Board, and the meeting was adjourned. There was no at 1:95 a.m. BOARD OF ADJUSTMENT Page 12 - March 21, 1979