23931 HIGHWAY 99 (2).pdf51
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NOTICE IS HEREBY GIVEN TO -ALL INTERESTED PERSONS THAT k:'.-
PUBLIC HEARING WILL BE HELD BY THE
.................... ..........
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APPLICATION HAVING BEEN FILED FOR... Va ....... C ........
A ro ve-10 0- V) 0VL - C 014
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PROPERTY DESCRIPTION OR ADDRESS: ... 4".Q0.
ZONE CLASSIFICAT 0
I N: ... ... .................... ...........
e ......
-.TIME & DATE OF HEARING..rlo*'30
.. we'Ane .......
T M DAY
DATE
'TH
E MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDSCIVIC,.0"t,
�7
C E N T E R, 5th AVENUE AND BELL STREET. ANY PERSON INTERESTED I N THIS�'-'-P..'
'PR
OPOSAL MAY APPEAR IN SUPPORT OF OR IN OPPOSITION TO IT. COMMENTS
CO
NCERNING THE APPLICATION MAY BE SUBMITTED PRIOR TO OR AT THE�"�"'."
IN PERSON OR IN WRITING. ADDITIONAL INFORMATION MAY. BE.""
OBTAINED AT THE PLANNING DEPARTMENT (PHONE 775-2525 EXT.-227). IN-JHE--:,0f',�,
PUBLICY,"""
EVENT THE AGENDA IS NOT COMPLETED ON THE -ABOVE DATE, THE
HEARING WILL BE CONTINUED TO THE NEXT REGULAR. MEETING AT..-TH
TIME AND PLACE.:,
FILE N 0.. V-� PUBLISH ED.A.-:. 17.79
The removal, mutilation, destruction,
conceal m'ent of this notice prior to the
AA R N of the hearirig is a misdemeanor punishable"'�-`,"
by fine and imprisonment. .......
All
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NOTICE OF HEARING PETITION
FOR VARIANCE
BY EDMONDS BOARD OF ADJUSTMENT
Wednesday, the
rested persons are hereby notified that
All inte
as the
September 1979 , has been set
19th day of
date for hearing petition filed by Art Furbush
tn imnrove a non -conforming
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
F I LE NO. V--& 'S - " I
APPLICANT 91Av b(4 S
AFFIDAVIT OE POSTER
Peoys a r-, __.Peing first duly sworn,
on oath deposes and says:
the
That on the of
ce,
attached Notice of Public Hearing was posted as prescribed by Ordinan
reapplic
fice and Civic Center, and whe
and in any event, in the Post Of
able, on or near the subject property.
Signed
Subscribed and sworn to before me this 501'J.-Jay of
19
Notary Public.in and for the State of
Washington residing at
4
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
B-2-1
Affidavit of Pu6lication
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-
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 Snohon-dsh County, and that the notice ................................
NOTICE OF HEARING
....................................................................................................... . ...................... . .
...........................................................................................................................
. ......................................................................................................................................
a printed copy of which is hereunto'attached, was published in said
newspaper pro per and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
SEPT. 19 1979
...................................
........................................................... ; ..........................................................................
�and that said newspaper was regularly distributed to its subscribers
during all of said period.
............................................................................. Xz� .................................
................
Principal Clerk
4th
Subscribed and sworn to before me this ........................
day of SEPTEMBER ...... 0 19. 79
Nota—r-y—Public in and 'for the State of WassImingtor.,
residing at Everett, Snohon-dsh County.
I i,
10
FILE NO. (03--
APPLICANT
--r-
AFFIDAVIT OF MAILING
STATE OF WASHINGTON )
ss.
COUNTY OF SNOHOMISH
being first duly sworn,
on oath deposes�and says:
the attached
That.on the�3d� day of 19_
Notic . e of Public of I Hearing was mailed as required to adjacent
property owners, the names of which were provided by the
applicant.
Signed
this day o
Subscribed and sworn to before me _day of
19
Notary Public in and for the.
State of Washirg-on
Residing at
11
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NOTICE OF HEARING PETITION
FOR VARIANCE - KXMFawx
BY EDMONDS BOARD OF ADJUSTMENT
All interested persons are hereby notified that Wednesday, the
17th day of October 19 79 . has been set as the
date for hearing petition filed by Art Furbush
for a variance - ooaftkxxtx=ekpurW�t to improve a non-con-
forming�structure more than 25% of valuation and to reduce
the froont Awest) setback and side.(south) setback
at 23931 Highway 99
said property being zoned CG
'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-63-79
PUBLISH: 9-29-79
e
- A 1. .�
Affidavit of Pu6lication
STATE OF wASHINGTON.
COUNTY OF SNOHODUSH.
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-
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
that the notice ....................................
Court of Snohonxish County, and
'NOTICE OF HEARING
.............................................................................................
......................................
.................................................... .................
..........................
.....................................
..................
. ..................................... ..............................................................................
a printed copy of which is hereunto attached, was published in said
ar and
aper proper and not in supplement form, in the regul
newsP
ays and times, namely:
entire edition of said paper on the following d
SEPT. 29, 1979 ..............................................
............................................................ ..........................
.........
..........................
....... ...................................................... .........................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
...... . .............. ..........................
.................................................... ...........
........ Principal Clerk
Ist
Subscribed and sworn to before me this .........................
OCTOBER, 19...
dayof ........................................ 7 ..... 17 ................
e.... ... .................................
. . ..................
lo�ary Public in and for the State of W&---h1.1rx9t0n,
residing at Everett, Snohomish CouW-'?.
NUTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A
PUBLIC HEARING WILL BE HELD BY THE
...............
...................... ... nP.A.dju
AN APPLICATION HAVI . NG BEEN FILED FOR.hrliae� ... to ... r Q
...... th a.
V_ ... fro. n
.(0
4��. 65 *1A �r .. V4
.................
,seiLa 4� Twy- -
mi ... aetd....
PROPERTY DESCRIPTION OR ADDRESS:
.9.9 .........................................................................
. . . . . . . . . . . . . . .
. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SIFICATION: ... C.& .......... ...................................
ZONE CLAS
TIME & DATE OF HEARING. 77. .3 op,-. rkv DATE
TIME DAY
THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC
CENTER, 5th AVENUE AND BELL STREET. ANY PERSON. INTERESTED IN THIS
PROPOSAL MAY APPEAR IN SUPPORT OF OR IN OPPOSITION TO IT. COMMENTS
CONCERNING THE APPLICATION MAY BE SUBMITTED PRIOR TO OR AT THE
MEETING, IN PERSON OR IN WRITING. ADDITIONAL INFORMATION MAY BE
OBTAINED AT THE PLANNING DEPARTMENT (PHONE -775-2525 EXT. 227). IN THE
EVENT THE AGENDA IS NOT COMPLETED ON THE ABOVE DATE, THE -PUBLIC
HEARING WILL BE CONTINUED TO THE NEXT REGULAR MEETING AT THE SAME
TIME AND PLACE.
4q q.11
FILE NO. - V-77 43 n -71- PUBLISHED... 7%7.-
The removal, mutilation, destruction, or
M concealment of this notice prior to the date
WAKNIINGIO of the hearing is a misdemeanor punishable
by fine and imprisonment.
ft� -7 C7
t *7
and now they were asking for further variances to intrude into the setbacks.
The public portion of the hearing again was closed. MR. BYRD AGAIN MOVED,
SECONDED BY MRS. MEDINA, TO DENY V-62-79 ON THE BASIS THAT THERE WERE NO
SPECIAL CONDITIONS OR CIRCUMSTANCES EXISTING WHICH WARRANTED THE VARIANCE,
THAT THE PROPERTY OWNER WAS NOT BEING DEPRIVED OF RIGHTS ENJOYED BY OTHER
PROPERTY OWNERS SIMILARLY SITUATED, THAT THE CONDITIONS RESULTED SOLELY
FROM THE OWNER'S ACTIONS IN THE DESIGN OF THE BUILDING, THAT THERE WERE NO
PRACTICAL HARDSHIPS OR DIFFICULTIES EXISTING IN REDESIGNING THE BUILDING TO
MEET THE ZONING CODE. ON THE OTHER HAND, THE DESIGN DID NOT APPEAR TO BE
DETRIMENTAL TO THE PUBLIC OF THE AREA, THE REQUEST WAS FOR A RELATIVELY
MINIMAL VARIANCE, THE DESIGN APPEARED TO BE IN HARMONY WITH THE ZONING
CODE —BUT MR. BYRD FELT THOSE WERE IRRELEVANT TO THE BOARD OF ADJUSTMENT
JURISDICTION, AND THE CONSIDERATION HERE WAS SOLELY A MATTER OF ECONOMICS
IN DESIGNING THE MAXIMUM UNIT FOR THE LOT, AND THE PROPOSAL DID NOT MEET
THE CRITERIA FOR A VARIANCE, AND SOLELY ON THAT BASIS DID HE MOVE FOR
DENIAL. THE MOTION CARRIED UNANIMOUSLY.
ART FURBUSH - Variance to improve nonconforming structure in amount of more
t n 5T7o valuation at 23931 Highway 99 (CG)
Mr. Pearson said this variance request was to remodel a nonconforming
building. The building needed a 40' setback from Highway 99 and a 25'
setback from 240th. What it had was 10' from Highway 99 and 41 from the
existing right-of-way on 240th. Because the building is nonconforming the
Zoning Ordinance limits the amount of work that may be done -on it to 25% of
its value in one year, and the applicant wished to do substantially more
than 25%. The existing building appeared to encroach on the proposed
right-of-way of 240th. A 5' dedication would be required along 240th.
Further, the applicant proposed extending the building farther into the
proposed right-of-way. Mr. Pearson ' recommended approval of the variance,
but that nothing be built within the proposed right-of-way and that the
applicant have the property surveyed along 240th and dedicate 5' for the
proposed right-of-way. He said the applicant proposed extending the rear
of the building to encroach on the right-of-way. City Attorney Wayne
Tanaka said the granting of the requested variance would permit an improve-
ment of more than 25/00 but it would not allow construction of the extension
of the building into the right-of-way. The public portion of the hearing
was closed. MR. BYRD MOVEDi SECONDED BY MRS. DERLETH, TO CONTINUE V-63-79
TOOCTOBER 17, 1979 INORDER TO ALLOW THE APPLICANT TO AMEND HIS APPLICATION
AND TO CONSIDER THE OTHER rACTORS WHICH NEITHER THE BOARD NOR THE APPLICANT
WAS AWARE OF IN THE INITIAL SUBMISSION. Mrs. Derleth said she did recall
in the past hearings relating to that street that there was an intention by
the City to use the whole width of the street. MOTION CARRIED.
V-64-79 DR. PAUL K. LUND - Variance from required front yard setback at 19024 94th
Ave. W. (RS-UT
Mr. Pearson said this application was for a variance of 9' from the required
25' front setback and the purpose was to locate a new garage in the front
yard. Special circumstances were that the house was built on top of a
hump. He recommended approval. The public portion of the hearing was
opened. The applicant said one portion of his property is 15' from the
center of the road and as it approaches the intersection it is 39'. He
felt this was due to the fact that there is a row of beautiful trees there.
He said if he could get the variance he would not have to tunnel under the
house to build the garage. Also, there is a well in the center of the
property so he could not put the garage there. At the proposed location he
could save seven large cedar trees. MR. BYRD MOVED, SECONDED BY MRS.
DERLETH, TO APPROVE V-64-79 BECAUSE THIS WOULD NOT AMOUNT TO A REZONE,
SPECIAL CONDITIONS EXISTED IN THE TOPOGRAPHY AND LANDSCAPING OF TREES ON
THE LOT, THE SPECIAL CONDITIONS AND THE EXISTENCE OF THE WELL ON THE PROPERTY
WERE NOT THE RESULT OF THE OWNER'S ACTIONS, AND IT WOULD BE DETRIMENTAL TO
THE AESTHETICS OF THE LOT TO DENY THE VARIANCE. FURTHER, THAT IT WAS IN
HARMONY AND KEEPING WITH THE AREA. MOTION CARRIED.
BOARD OF ADJUSTMENT
Page 7 - September 19, 1979
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FILE NO. V-63-79
Art Furbush
APPLICANT
AFFIDAVIT OF POSTER
STATE OF WASHINGTON
ss.
COUNTY OF SNOHOMISH
Richard Pearson being first duly sworn,
R
on oath deposes and says:
That on the
-_jay of '19 the
attached Notice of Public Hearing was posted as prescribed by Ordinance,
k
and In any event, in the Post Office and Civic Center, and where applic-
able, on or near the subject property.
S I gned_
Subscribed and sworn to before me thIs__L/tkday of
19.
Notary Public in and for the State of
Washington residing at
11.
CITY OF EOMOP
CIVIC CENTER EDMONDS. WAS14INGTON 98= e (20
COMMUNITY DGVGLOPMENT WARTMENT
DATE: October 9, 1979
TO: Mr. Art Furbush
18304 Corliss North
Seattle, WA 98133
TRA14SMITTING: Board of Adjustment Minutes
RE: V-63-79
AS YOU REQUESTED:
FOR YOUR INFORMATION: X
AS WE DISCUSSED:
FOR APPROVAL:
FOR YOUR FILE:
REVIEW AND C0124ENT:
COMMENT AND RETURN:
MINUTES OF MEETING: September 19, 1979
REMARKS:
PLANNING DIVISION
. . . . . . . . . . . . . . ...
...........
PLANNER'S
VARIANCE REVIEW FORM
FILE
# V- eo
APPLICANT:-
ADDRESS: 9 -A LA
C 106 tte ZONING: --
VARIANCE REQUESTED: ivnerovt
AD
0' e
V Ck6%f__ ,e+6acJL
spu44\ gede A-7 1;1
ZONING. CODE REQUIREMENT: Less__�kA
n
V\ok g" irer 71ip Argo
Jf_
OTHER PERTINENT FACTS: —c q v4-i %%z&cl
4ravy, 9,12 VMPLEAA
r fc g% in New
an i0rvipoAed - !9. A-r4te-+
VARIANCE CRITERIA - Section 12.16.100
1. Does this amount to a rezone? Alo -
2.(.a) Are there conditions and/or circumstances not generally applicable to other
lands in the same district?- �%"i'lgtlAr4
g code deprive the property owner of rights
(b) Would strict enforcement of the zonin
commonly enjoyed by other properties in the same district?__A/—,*--
U&kcx 16C V"A 10 L _X:� VAk or
3. Do the special conditions result from the actions of the applicant?-- JV0
4. Are there unnecessary hardships and practical difficulties in carrying out the
provisions of the zoning code? Vfs - b &ulff 'Aft
5. Will the granting of the variance be detrimental to the health, safety, or wel are
ow re
of property owners in the vicinity?— Mo. I
6. Is this
the
minimum variance that will
make possible the
reasonable use
of land?
VA �
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& Ye km I'm
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WIA it, 't0r#VW'1_ A161 &on � se 7P_&CA
7. Will the granting of the variance generally be.in harmony and compatible with this
zoning code? IYP am.— ILI" 11 ree w're c/ /V I /k ov
'PO.Ykt-%.�t %�
C'a' rem
10 UAI dA�-�
re-0-r.
4-i u,,e & a,
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11"9
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aP%C/
Planner"s Variance Review 12/77
aledl'CA C' � '5 1 ,-&A* 'A -LID+/
C.C,yup4 por4i'sv, "des. 'bvIldemi,
AFFIDAVIT OF MAILING
Signed /A
'911daVy of
Subscribed and sworn to before me this /,:9— ay
19
Notary Public in and for the
State of Washi Mton
Residing at
US
1� 7 --4
ft I
MOTICE OF rUBLIC HEARING
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A
PUBLIC HEARING WILL BE HELD BY THE
oar...............
.....................
R. ilrlill rp V.
AN APPLICATION HAVING BEEN FILED FO
-rrV. Wh-A re.) .... RV...
0.rrmn .. .... S
6L.. I)OVI -
... 7�9
. ...........
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3q-3.1 14 1 oe ...
A
PROPERTY DESCRIPTION OR ADDRESS:
. ................................................................
..........................................................................
... C.G .............................................
ZONE CLASSIFICATION
.7.1.3 Op., &N.
TIME & DATE OF HEARING. .... DAY DATE
TIME
THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC
CENTER, 5th AVENUE AND BELL STREET. ANY PERSON. INTERESTED IN THIS
PROPOSAL MAY APPEAR IN SUPPORT OF OR IN OPPOSITION TO IT. COMMENTS'
CONCERNING THE APPLICATION MAY BE SUBMITTED PRIOR TO OR AT THE
MEETING, IN PERSON OR IN WRITING. ADDITIONAL INFORMATION MAY BE
OBTAINED AT THE PLANNING DEPARTMENT (PHONE 775-2525 EXT. 227). IN THE
EVENT THE AGENDA IS NOT COMPLETED ON THE ABOVE DATE, THE PUBLIC
HEARING WILL BE CONTINUED TO THE NEXT REGULAR MEETING AT THE SAME —
TIME AND PLACE.
PUBLISHED ... 4? :1�71 n
FILE NO. - V74 I -
The removal, mutilation, destruction, or
I M M
I ! = IL w concealment of this notice prior to the date
WARIMINV70 of the hearing is a misdemeanor punishable
b y fine an d imprisonment.
ra
CITY OF EOMOIYOB
CIVIC CENTER a EDMONDS, WASHINGTON 960W 9 (206) 775-2525
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: 10- 31-79
TO: Mr. Art Furbush
18304 Corliss North
REMARKS:
PLANNING DIVISION
0
being a Dart of the City and County setbacks were different and the property
was not iubject to City zoning. Mr. Hatzenbuhler noted that to Put the
t would cause unneeded additional paving. MRS. DERLETH
access on the wes ECAUSE SHE FELT THE
THEN MOVED, SECONDED BY MR. LERAAS, TO APPROVE V-60-79 B
URTHER
REQUEST WAS REASONABLE, AND PERHAPS THE MOST REASONABLE SOLUTION FOR ACCESS
:STENCE OF A DRIVEWAY AND TO PREVENT F
TO THIS PROPERTY GIVEN THE EXI HEALTH,
PAVING, AND BECAUSE SHE DID NOT FEEL IT WOULD BE DETRIMENTAL TO THE
WELFARE, AND SAFETY OF THE NEIGHBORHOOD. MOTION CARRIED.
rove nonconforming structure more than 25% Of
V-63-79 ART FURBUSH - Variance to imp (west) setback and side (south) setback at
Wrua Ion and to reduce front
23931 Highway 99 (CG)
this structure (Pompeii's Restaurant). A 40'
Mr. Pearson showed slides of is only
front setback from Highway 99 is required and the existing building
101 from the highway and has a porch and steps on the front which protrude
uilding is 4' from the existing right-of-way
farther. On the south, the b
and 1' into the Proposed right-of-way. A variance for a 01 setback is
t side. Mr. Pearson recommended approval of the three
required for tha re and extensions or
variances based on the fact that the restaurant is the
alterations to the outside of the building will be minimal. He further
recommended that approval be conditioned on the applicant's dedicating 51
except where a portion of the building protrudes into it,
along 240th St. o ADB review of the
oned on the applicant's consenting t
and also conditi new building. The public portion of the hearing
landscaping as if it were a representing the applicant, said they propose to
was opened. Skip Downing, i
upgrade the facility and the expansion will be on the south side of the
trooms and bring the building up to code with
building to upgrade the res 11 also enclose the
he handicapped. They wi
regard to requirements for t � City will be landscaped
stairwell -and the 5' strip proposed to be used by the
until the City ides to change it. He said even if that landscaping
dec
eventually is removed they will still have the required JO% planted area in
He noted that the stairs in front go down to the driveway
the parking lot ise to go directly west.
dangerous and they plan to change the
which has been t retain it with a
He said they would prefer not to dedicate the 51 strip bu
venant to dedicate at such time as the City wants to use it. The public
co vised that
portion of the hearing was closed. City Attorney Larry Martin ad
Mr. Downing's request that: they not make the dedication at this time may be
acceptable, but he did not,recommend that. This was discussed by the Board
at length. Mr. Downing then asked to speak, and the! public portion of the
hearing was reopened. Mr. Downing said Mr. Furbish would follow the recom-
dedicate the 51. The public
mendation of the Planning Department and )VED, SECONDED BY MR.
portion of the hearing again was closed. MR. BYRD K
LERAAS, TO APPROVE V-63-79.SUBJECT TO THE CONDITIONS THAT (1)'THE ADB BE
ALLOWED.TO,REVIEW AND APPROVE,THE LANDSCAPING ASAF THIS WERE A�NEW BUILDING,
R,DEDICATE TO THE CITY51, ALONG 240TH ST-FOR PROPOSED
AND'(2).THAT THE OWNE ES INTO IT. �mDTION CARRIED.
RIGHT-OF-WAY EXCEPT WHERE THE BUILDING PROTRUD
AGENDA
V-68-79 EDWARD FREUTEL - Variance from required front (east) and side (north)
setba:k at 18906 94th Ave. W. (RS-12)
The request was for a variance of 16' from the required front yard setback
and a 4 1/2' variance from the side setback in order to construct a hobby
son said that because of the steepness
shop attached to the house. Mr. Pear construct any sort of addition
of the lot it would not be possible to
unless it were detached and at a large distance vertically and horizontally
from the house. The proposed addition would extend the line of the existing
house. Mr. Pearson recommended approval, noting that the proposed addition
was of normal size for a shop and would not affect the privacy, light, or
air of the neighbors. The public portion of the hearing was opened. The
applicant said the space was badly needed and the size of the shop would be
much smaller than a two -car garage. He said this is in a neighborhood of
large trees and Sound views and no trees would be touched and no views
would be adversely affected. The public portion of the hearing was closed.
BOARD OF ADJUSTMENT
Page 3 - October 17, 1979
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