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23901 76TH AVE W.PDF111111111111 6445 23901 76TH AVE W 4 APPLICA7,30N. for The City of Edmonds SEDE SEVVIM, PERMIT EASEMENT No... .... .................... NEW CONSTRUC TION REPAIRS w Q0 OWNER .. .... .............................. ................................... ........ ......... CONTRACTOR ....................... . ..................... ... No. . ......... ........................... PEPam S �77e ADDRES.............. ..................................... ......... ; ............................... LEGAL DESCRIPTION: LOT No . ........................... ................. BLOCK No . ...... * ............ NAME OF ADDITION ..................... ............ tED. AR -5 1967. Approved: DATE.................................................. By ......... ... ... ........ ...... ............................ JOB NO. 66,083 March 16, 1966 Page 2 of 2 SULLIVAN MOORE CONSTRUCTION CO.' PARCEL A The south 80.00 feet of the west,125.00 feet of Lot 4, Block 6, Lake Ballin ger Land Co. Plat of Subdivision No. 1, recorded in volume 9 of,Plats on pages 57 and 58, records of Snohomish County, Washington; TOGETHER with and SUBJECT to right of easement for ingress, egress drainage 14v and utilities over the north--4QvW feet of the south 80.00 feet of the west 140.00 feet of said Lot 4. PARCEL B The'south 65.00 feet of the east 125.00 feet of'Lot 4, Block 6, Lake Ballinger Land Co. Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58, records of Snohomish County, Washington; TOGETHER wi th'and SUBJECT to right of easement for ingress, egre9s. drainage and 'utilities over the north 20m.*@ feet of the south..80.00 feet of the west' 140.00 feet of said Lot 4. PARCEL C Xhs north 65.00 feet of the south 130.00 feet of the east 125.00 feet of;Lot 4, Block 6, Lake Ballinger Land Co. Plat Subdivision No. 1, recorded �--�.-Jn.volume 9 of Plats on pages 57 and 58, records of Snohomish County, Washington; TOGETHER with and SUBJICT to right of easement for ingress, egress, drainage 4- 'and,utilities over the north-2&rQQ feet of the south 80.00 feet of the west 140.00 feet of said Lot 4. V Y,4 z 41 r A TIE,- 141 WE L D A 3 3. NOTICE: No warranty of accuracy. The information shown on the attached map(s) was compiled for use by the City of Edmonds, its Employees and Consultants. The City of Edmonds does not warrant the accuracy of anything set forth on these map(s). Any person or entity requesting a copy should conduct an independent inquiry regarding the information shown on the map(s), including, but not limited to, the location of any sewer stub shown. Such sewer stubs may or may not exist and may or may not exist at the location shown. Neither the City of Edmonds nor its employees or officers shall be liable for the information given on this map(s), nor for any one representation provided based upon said map(s). -,!" - 1� , CITY OF EDMONDS CIVIC CENTER — WATER -SEWER DEPAR71V� Ca" PR'Mft 6-1107 when wo Is ready for InspeM rk On- (No Inspft, SIDE SEWER PERMIT S-t-day. Sunday or houds,,.) N2 1791 ADDRESS .......... ................ . ................. 2390.1 76th Avenue West . .......... OWNER........... ........... �4!yng ... .......... ........................................................................ Pern"ssiOn Is granted --- - ----- Kq7trjZh ----- CON77RACTOR ................. With MY Sewers in accordance with appucation on for ........ ....... 196. ATTENTION IS file and governing odays' to REPAIR or C CALLED To THE jr.OLLOWING: rdinanc". ONNECT a side sewer NOTE NO. I —The owners Of the Property may obtain a permit to construct Be TE NO. be —PlOYed to construct side sewer in street area. wer Inside property line 2—Obtain full Information Do not cover any Portion of sewer - A licensed Side Sewer Contractor must JTE NO* 3--Top Of side sewer must regarding Ordinance 11.1, before It has been inspected. er than % '030 and Re"'tions'governlng side sewer, When you get permit. NOTE No NO bends in grade sharp have at least 30 Inches coverage at Property line and 12 Inches Inside property line; minimum will be Permitted. —Trenches In street must be water settled and surface of street restored to Original condition. Contractors B NOTE No. failure due to improper work "I'll May develop Within one Year of COMPletion. grade Of 2%. 5--It Is unlawful to alter or do any Other work than Is Provided for in the Permit, or to do any work on the main sewer or its &p- . Purtenances except to Insert the Pipe into the Wye. hall be responsible for at -I CAFILENO. %-7�(Zt e Che k 'S' r aS C '- "'$ite Informa0% Y Y logylve t on. Ih dro ge ation) A 0 0 W .1. Site Address/Location. 76 property Tax Account Number: �Tr 0 0 — 6 0 LI 2. 3. Approximate Site Size (acres or square feet): -5 X I ol-5 4. Is this site currently developed? _k yes; — no. If yes; how is site developed7l, 5. Describe the general site topography. Check all that apply. Flat: less than 5-feet elevation change over entire site. Rolling: slopes on site generally less than 15% (a vertical rise of 10-fiet over a horizontal distance of 66-feet). If illy: slopes present on site of more than 15% and less than 30% ( a vertical rise of 10-feet over a horizontal distance of 33 to 66-feet). Steep: . grades of greater than 30% present on site (a vertical rise of IG-feet over a horizontal distance of less than 33-feet). Other (please describe): 6. Site contains areas of year-round standing water: /Jd Approx. Depth: 7. Site contains areas of seasonal standing water: AJ Approx. Depth: What season(s) of the year9 8. Site is in the floodway /J6 floodplain /J G of a water course. 9. Site contams a cre& or an area where water flows across the grounds surface? Flows are year- round? Flows are seasonal? JJ Q (What time of year? 10. Site is primarily: forested meadow —; shrubs mixed urban landscapedS=,,�h ubs e1c 11. Obvious wedand is present on site- AY RevOl$0094 ar 90-194.- City of Edmon& Critical Areas Checklist The Critical Areas Checklist contained on this form is to be filled out by any person preparing a Development Permit Application for the City of Edmondsprior to histher submittal of a development permit to the City. The purpose of the Checklist is to enable City staff to determine whether any potential Critical Areas are or may be present on the subject property. The information needed to complete the Checklist should be easily available from observations of the site or data available at City Hall (Critical Areas inventories, maps, or soil surveys). An applicant, or histher representative, must fill out the checklist, sign and date it, RECEIVED JUN - 7 1994 COMMUNITY SERVICES and submit it to the City. lUe City will review the checklist, make a precursory site visit, and make a determination of the subsequent steps necessaryto complete a development permit application. With a signed copy of this form, the applicant should also submit a vicinity map or plot plan for individual lots of the parcel with enough detail that City staff can find and identify the subject parcel(s). In addition, the applicant shall include other pertinent information (eg. site plan, topography map, etc.) or studies in conjunction with this Checklist to assist staff in completing their preliminary assessment of the'site. I have completed the attached Critical Area Checklist and attest that the answers provided are factual,'to the best of my knowledge (fill out the appropriate column below). Owner / Applicant: W (?8-41 AJO Name @310 ( 76'r"A06 09-51 Street Address o""J' ovs, City, State, ZIP Phone Signature Date Applicant Representative: Nam q 4 7 7�� AL) U- Street Address A14kV-5u1kt8- & _4 -JA City, State, ZIP Phone I —Si re Date STREEr BEFURE THE EDMONDS CITY COUNCIL Applicant: Larry Nordby, Request for Variance File No.: V-94-125 UICMODUCTION Loren Nordby (hereinafter referred to as "Appellant"), 23901 - 76th Avenue West, Edmonds, Washington, appealed the decision of the Hearing Examiner issued on August 31, 1994 denying the Appellant's request for a variance to reduce the street setback from 25 feet to 71/2 feet in order to construct a 14-ft. x 20-ft. detached garage on property located at 23901 - 76th Avenue West, Edmonds, Washington. I A hearing on the request was held before the Edmonds City Council at the City of Edmonds, Washington, on October 18, 1994. The City Council's decision is based upon the record of that proceeding and the record of its Hearing Examiner. FINDINGS OF FACT I . The Appellant is Loren Nordby, and the subject property is located at 23901 - 76th Avenue West, Edmonds, Washington. The property is zoned Single Family, Residential, RS-8, and is legally described as follows: LK Ballinger Land Co. Subdiv. I BLK 006 D-02 Space 65 ft. of E 125 ft. of LT 4. 2. The Appellant requests the City Council overturn the decision of Hearing Examiner, James Driscoll, that was issued on August 31, 1994, denying the Appellant's application for a variance. The requested variance was for the reduction of a required 25-foot street setback to one of 71h feet. Edmonds Community Development Code (ECDC), 16.20.030, sets forth the 25-foot street setback. The variance request was made for the purpose of developing a 14-ft. x 20-ft. detached garage on the subject property. 3. ECDC Chapter- 20.105 allows the Edmonds City Council to dec* ide upon appeals to decisions made by the Edmonds Hearing Examiner. ECDC Chapter 20.105 requires the Council to consider the appeal on a de novo basis including review of the record. The Council shall review the proposal using the same criteria and findings set forth in the ECDC for the original decision. 10127/94 PA086387. I SX/FO006.150.071 4. In order for a variance to be granted within the City of Edmonds; the criteria of ECDC 20.85.010 must be satisfied. A summary of these criteria is: A. - Because of the special circumstances relating to the property, the strict enforcement of the zoning ordinance would deprive the owner of use rights and privileges permitted to other properties in'the vicinity with the same zoning. B. The approval of the variance would not be a grant of special privilege to the property in comparison with the limitation upon other properties in the vicinity with the same zoning. C. The approval of the variance will be consistent with the Comprehensive Plan of the City of Edmonds. D. The approval of the variance will be consistent with the purposes of the zoning ordinance and the zone district in which the property is located. E. The variance as approved or conditionally approved will not *be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and same zone. F. The requested variance is the minimum necessary to allow the owner of the rights enjoyed by other properties in a vicinity with the same zoning. 5. The sub ect property is a flat parcel of land that is landscaped with ornamental vegetation. It is a 62-ft. x 125-ft. parcel that is developed with a single family residence. There is an attached single family garage on site. The lot is of a type commonly known as a flag lot. 6. It is the intent of the applicant to develop the detached garage for the purpose of storing a boat and yard tools. 7. The City of Edmonds Planning Department submitted that no special circumstances exist for the grant of a variance. According to the City, the property is comparable in size to other properties in the area and has a flat topography. No unique qualities exist. 8. The City submitted that the variance would be the grant of a special privilege b e*cause other properties of comparable configuration and zoning designation have the same developmental limitations. 9. The City submitted that the requested variance is not the minimum necessary for the applicant to develop the property in a manner similar to other properties. According to the City, the garage can be located at the front of the property where it would be more than 15 feet 10/26/94 PA086387. I SX/FM. 150.071 2 M from the existing house. Further, the City submitted that the existing two -car garage can be used for storage purposes. This garage can be used for storage purposes while still satisfying parking requirements. 10. The applicant submitted that he would suffer a hardship if the variance is not granted. Without the proposed structure being built, he will not have a covered area for his boat. The applicant submitted in this application that he did not "feel" that he can make reasonable use of the property without the variance. In t ' he applicant's letter of appeal, the applicant stated that in order to place the proposed garage at the ' front of the property as suggested by the City, the applicant would have to remove a 30-year-old dogwood tree. Placement of a garage in this location would also create access problems with the existing garage. The applicant also asserted that a two -car garage is not adequate for parking two cars, storing an antique automobile, a boat and yard tools. Finally, Appellant submits that no variance is required. Because the lot is a flag lot without actual street frontage, Appellant asserts that the lot has no required "street setback. " 11. Staff responds that the Code has been uniformly interpreted to require all single family residential lots exop comer lots to have a street or front yard setback, or rear yard setback and two side yard setbacks. See ECDC 16.20.040(E). This interpretation was confirmed in written form in about 1991 and has been uniformly applied to require a street setback of all lots. Flag lots owners are permitted to designate a front yard or street setback at the date a building permit is submitted. The requested variance would be within an area previously designed as the appellant's front yard. CONCLUSIONS I . The appeal requests reversal of the Hearing Examiner's decision to deny approval of the variance for the reduction of the street setback for the property at 23901 - 76th Avenue West, from 25 feet to 71/2 feet. It is the intent of the applicant to use the reduced street setback to construct a detached garage. The criteria for review of Hearing Examiner decisions are set forth in ECDC Chapter 20.105 and have been identified in Finding No. 3. 2. The applicant has failed to satisfy the criteria for a variance. 3. Special circumstances relating to the size, shape, topography, location and surroundings of the property do not exist. The requested variance would not be consistent with other properties of similar design and configuration. All other flag lots are uniformly required to comply with front yard setbacks. The variance would be a grant of special privilege since the need for boat storage is not something related to the relevant characteristics of the property and relates to circumstances personal to the owner. 10/26/94 PA086387. I SX/FO006.150.071 3 4� 4. There appears to be adequate room for storage on site. There is already a two -car garage. With the addition on the garage the applicant would be granted a privilege that the other property owners in the area do not have. 5. The requestedvariance is not the minimum necessary to allow the applicant the rights enjoyed by other property owners in the vicinity. 6. The variance as approved would be significantly detrimental to the public health, safety and welfare because it could create an exception for all similarly situated properties and thereby impinge upon necessary open space for the City of Edmonds. DECISION Based upon the preceding Findings of Fact and Conclusions and the testimony and evidence submitted at the public hearing it is hereby ordered that the decision of the Hearing Examiner for this case issued on August 31,.1994 be affirmed. The reasons for this decision are set forth in the Conclusions in this document as well as the Findings. ENTERED this 4th day of November 1994, pursuant to the authority granted the City Council under ECDC Chapter 20.105. CITY OF EDMONDS: ATTEST/AUTHENTICATED: '�:io�ndaJ. �March�,City �Clerk��� 10n6/94 PA086387. I SX/FO006.150.071 4 30' 62' DECK 39'-4' FAMILY LIVING SUN ROOM \� I � 55 TAX ACCT #- 0,PC)O LEGAL DESC., BPt-W"�Jerk �-W& CO. (3 Lic 00 G, D - o 2- -6 (,-15' OF 6- IR�5' oF- f--r [A-W�i.7r ml 71 23' 15/]80 f-- 14' 20'1 NEW I GARAGE 231 - Iv 3 4'- 8' GARAGE 2�11 DRIVEWAY .5 51 .'=10 FEET JAR: I (rARAGE ADDITIM 119 LOREN NEIRDBY CA FILE No. q4 —(24 Critical Areas Checklist $ite Information (s6*ds/topography/hydri)logy/vege tation) A00 a3 1. Site Address/location: 7 G 2. Property Tax Account Number: 3. Approximate Site Size (acres or square feet): 6-5 " X 10-5 4. Is this site currently developed? _X yes; — no. If yes; how is site developed? YOU t 6 1112 5. Describe the general site topography. Check all that apply. Flat: less than 5-feet elevation change over entire site. 'DAUndr eld%naann Atp erpnprnll Ipce th2n 15 A vertical rise of 10-feet over a horizontal distance of 66-feet). Hilly: slopes present on site of more than 15% and less than 30% ( a vertical rise of 10-feet over a horizontal distance of 33 to 66-feet). Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal distance of less than 33-feet). Other (please describe): 6. Site contains areas of year-round standing water: AJd Approx. Depth: 7. Site contains areas of seasonal standing water: A.) C _;Approx. Depth: What season(s) of the year? 8. Site is in the floodway /J0 floodplain �J G of a water course. 9. Site contains aj or an area where water flows across the grounds surface? Flows are year- round? N Flows are seasonal? IJ 0 (What time of year?. 10. Site is primarily: forested meadow _; shrubs mixed urban landscapedS!=,,��ubs etc 11. Obvious wedand is present on site, /0(0—. ReV0110094 & 9 0 . 19 9 . - City oUFdmonds Critical Areas Checklist i The Critical Areas Checklist contained on this form is to be filled out by any person preparing a Development Permit Application for the City of Edmonds 'prior to his/her submittal of a development permit to the City. The purpose of the Checklist is to enable City staff to determine whether any potential Critical Areas are or may be present on the subject property. The information needed to complete the Checklist should be easily available from observations of the site or data available at City Hall (Critical Areas inventories, maps, or soil surveys). An applicant, or histher representative, must fill out the checklist, sign and date it, RECEIVED JUN - 7 1994 COMMUNITY SERVICES and submit it to the City. 1he City will review the checklis4 make a precursory site visit, and make a determination of the subsequent steps necessary . to complete a development permit application. With a signed copy of this form, the applicant should also submit a vicinity map or plot plan for individual lots of the parcel with enough detail that City staff can find and iden* the subject parcel(s). In addition, the applicant shall include other pertinent information (eg. site plan, topography map, etc.) or studies in conjunction with this Chedklist to assist staff in completing their preliminary assessment of the*site. I have completed the attached Critical Area Checklist and attest that the answers provided are factual,- to the best of my knowledge (fill out the appropriate column below). Owner / Applicant* ko pe-4) tio Aer Nume @3ii)t - 76T--'A06 09-51 Street Addrew U-70, city, state, ZEP Phone Signature Date Applicant Representative: jgcy,N.5 * L Name ffld- 677��Aod- Street Addrew AAkV,5UIkL OA 65 -1,3?,;7 City, State, ZIP Phone '—Si Date CITY OF EDMONDS USE PERMIT ZONE NUMBER CONSTRUCTION' PERMIT APPLICATION jog ITE/APT # ADDRESS 2 OWNER NAME/NAME OF BUSINESS L-6 QoA) POOP bQ� y LEGAL DESCRIPTION CHI 15. LID NO Lu Z MAILING ADDRESS 0 40 tkj PUBLIC Rl OF WAY ftq rIAL STREET MAP. TESCP Approved CITY Zip ITELEP ENU a R EXISTIN R1 10 REOICATION RW Permit Required 0 Street Use Permit Req'd 0 0 Inspection Required 0 NAME PR S Al Sidewalk Requir . ad 0 METER SIZ NO. OF FIXTURES PRV REQUIRED ADDRESS YES E3 NO C3 t R RE=MARKSW w < CITY 2N Z JTELEPHO�IIII�Ny NAME Ix ADDRESS I /a 17 A L) ENGINEERING MEMO DATED REVIEWED BY (I (. CITY ZIP NE NUMBEFF 13ef A7 FIRE MEMO DATED REVITrED BY Lu Cr Y EX I T TE STATE Llc%rvm A RIR C, q- pirt Dk SIGN AREA ADB Legal sc tion of Property in de all eR= r ALLOWED CID T Z K— R�A_(,Oct:r) -A 6fSED SHO S 0 VX EXA J rx 5 Lkf-��, b 10 1 ilk, 60 VA LA EVIEW BY DATL ffiLOCOVERAGE &b or- Z�2 5- 1= / s C FEET I H;fT I Z i SIDE REAR Z =unt KS Parcel No. MNEW DEI A PLUMBING �O�ITION, 60 'FICIAC C 0 MECHANICA EIR`i r r BLDG. 7 L N X 'do M 0 D E L GR A , DING NC El CYDS CHEqKEDVF TYPE OF C(3kSTRJrON CODE 9 OCCUPANT P REPAIR _FM W,M DEMOLISH WOODSTOVE POOL El INSERT T TUB/SPA SPECIALANqPECTOR REQUIREo ... AREAL.. OCCUPANT LOAD 0 YES RETAINING WA G=G'E'_ �.ROCKERY RENEWAL ty MARKS PROGRESS INSPECTIONS PMUSC-305 (TYPE OF USE. BUSINESS OR ACTIVITY) EX N: 5 NUMBER NUMBER OF' CRITICAL" Lu 0 OF DWELLING AREAS INUMBEAR��_ . STORIES UNITS A/11- DESCRIBE WORK TO BE DONE (ATTACH PLOT PLAN Itao ON Rm ("r I _,_ qj� A q FINAL-, INSPECTION REOVIRED - VALUA .,T!ON FEE 111M PLANI: K, FEE BUILDING HEAT SOUXE: GLAZING %; ,A ,01� + Plan Check No. ead This Permit covers work to be done on private property ONLY. GRADINGIFILL Any construction on the public domain (curbs, sldewpiks, driveways, marquees, etc.) will require separate permission. STATE SURCHARGE Permit Appl Ication: 180 Days . Permit Limit: 1 Year - Provided Work Is Started Within 180 Days . S TORM DRAINAGE FEE FEE "Applicant, on behalf of his or her spouse, heirs, assigns and ENO. INSPECTION w successors in interest, agrees to indemnify, defend and hold (2 harmless the City of Edmonds, Washington, its officials, 2 employees, and agents from any and all claims for damages of whatever nature, arising directly or Indirectly from the issuance CHECK DEPOSIT of this permit. Issuance of this permit shall not be deemed to PLAN modify, waive or reduce any requirement of any city ordinance 0 nor limit In any -way the City's ability to enforce any ordinance TOTAL AMOUNT DUE provision." m�� I hereby acknowledge that I have read this application; that the ATTENTION APPLICATION APPROVAL Information given Is correct; and that I am the owner, or the duly authorized agent of the owner. I agree to comply with city and THIS PERMIT This application Is'not a permit Until state laws regulating co nstruction; and In doing the work authoriz- AUTHORIZES THE signed by the Building Official or his/her ed thereby, no person will be employed in violation of the Labor ONLY WORK NOTED Deputy; and fees are paid, and receipt is Code of the State of Washington relating to Workmen's Compensa- acknowledged In space provided. tion Insurance and RCW 18.27. A INSPECTION ,fif (OWNER ORA ENT) E SIGNED SIGNATU DEPARTMENT OFFICIAL'S SIGNATURE DATE *1 1 CITY OF EDMONDS CALLIFOR RELEASED BY: DATE ATTENTION INSPECTION 'IT IS UNLAWFUL TO USE OR OCCUPY A BUILDING OR STRUCTURE HAS BEEN MADE AND APPROVAL OR 771-0220 ORIGINAL — File YELLOW — Inspector UNTIL A FINAL INSPECTION A CERTIFICATE OF OCCUPANCY HAS BEEN GRANTED. UBC CHAPTER 3. /-h PINK — Owner GOLD — Assessor