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24005 74TH AVE W (3).pdfOD15 I I tN I 04 Too DATE 27 FEE CITY OF EDMONDS RECT BOARD OF ADJUSTMENT APO'S APPLICATION FOR VARIANCE HEARING DATE: Z 10- TJ-D AaAj jr, APPLICAN a );�ZJV/h,ADDRESS 'V 0 -0 'S L 17 ZIP A!E�&Oncj.5 9&-02=0 PHONE/ CITY & A 7 Ed INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Q alne r LOCATION OR ADDRESS OF PROPERTY VO 0 6-- 7M 4� 0 n 0/ -S.. LEGAL DESCRIPTION OF PROPERTY 4 J-pt A eA e VARIANCE REQUESTED: " e7 & a, FOR'OFF.ICE USE ONLY 46W USE ZONE: - IZ Ak ZONING ORDINANCE REQUIREMENT: g�ja, Ac- 60 STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) 00 OF OWMW POW" BWK, 0h Signature of Appli Representative On this date, before me, the undersigned, a Notary Public in and for the Slate of Washington, duly commissioned and sworn, personally appeared /51�- , who, being duly sworn, on his/her oath deposes and says that (s)he has prepared and read the attached statements and has acknowledged to me that the recititations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned. Subscribed and sworn to before me this ?J0 day of 19SO 0, It: f, Notary P i d for the Stat of Washington, �c2 residing at DECLARATIONS OF APPLICANT Please answer all questions 1. What are the physical characteristics, (i.e. topography, shape of lot, etc.) which create a hardship for you in regard to development of your property? .I 1 .7/7 / 2. How does your property differ from other property in the same vicinity? 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? A+ -I --A 'C-A --e— ce le-.2-4-1 e r -S UZ) 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? a U 5. Can you make reasonable use of your property without the variance? .01 go of iRMOM I I (j5*r5r 4 a e#v r4of momm 0 4ol, 7 IT 'IT IVA? glor ITT, 0 H0 L&S e L9 I lop Ott, ^A 973 TZ Sys Oro 9 9 Iske 84LL1N(jtkI'IO-'1 . I 1 7 )1-, , . �.14; . . . I , 1 0 1 %, ^0 0 p I Nk. Tr -A�"d ;lt 7d9 I er -/4/ o# st" 00 am lit? 3 OW LIT, It4' t Record of Fin,dings o djuswnen of P6&4�,a 2�� finds in the case o f Adjustment for the ci ty of tdmonds The Board /0 e) e at 4a�� F i I No. V,,,,2�& request for varianc )b the following: e ents, and Affidavits attesting to sam 1. That notice was given according to Code requirem are in the file. have/4**o_vAA been met. 2. That the foregoing set forth Standards and Criteria each 3. In addition that 4. Therefore, the request for variance is De*k-d/Grantedo subject to the following special conditiolls: _rmit is not obtained Section 12.16.110 "----and -if a building permit and/or occupancy a M ro-F_f1_ies6bieFt_�roperty- within one year from the date of the Bo rd's decision, the con ditional use permit or variance shall be automatically null and void.---" 6. Decision shall be effective on:. (Date) CIA D* DATA Date of Hearing: Date of Application:_Z� Date of Publication: <) Continuances: Date of Posting: Date of Appeal from Decision of the Board: ent e �nt ustm of us &Secreta eyV4,oart� Council Members of Edmonds C t f Edmonds, i. ' y o Washington V. Re:. Donald.molvik's New Building 24005-74th A�ve. W. shington Edmonds, Wa Dear Council Members: We, '1"S i do not object, in any waY, to the construction of Mr. d we feel that he new building located at the above address,, an iance that he has applied for. should be granted the var cting of this building in no way hinders We feel that the constru AL z TO ZYT�i bF E098M XONING M% oil 14,i , OWL July 7, 1980 ':Council Members of Edmonds city of Edmonds Washington Re: Donald Molvik's New Building .24005-74th Ave. W. Edmonds, Wash ington Dear Council Members: U ZA We $ACI do not object, in any way, to the cons 'truction of Mr. Molvik's new building located at the above addressq an d we feel that he should be granted the variance that he has applied for. We feel that the constructing of this building in no way hinders. the beauty -of the lake, and surrounding areas. Sincerely yours, July 7, 1980 Council Members of Edmonds Pity of Edmonds, Washington �6: Dona'*lA Molvik's New Building 24005 74th Ave. W. Edmonds Washington Dear Council Members:. We - T LILA-st do not object, in any way, to the construction of Mr. Molvik's new building' located at the above address, and we feel that he should be granted the variance that he has applied for. We feel that the constructing of this building in no way hinders the beauty of the lake, and surrounding area. Sincerely yours, rz,4. k �-, 2 IAK% 9 MI July 7, 1980 Council Members of Edmonds City of Edmonds, Washington Pit Re: Donald Molvik's New Building 24005 74th Ave. W. Edmonds,Washington Dear Council Members: L W 0 do not object, in any way, -to the construction of Mr. Molvik's new building located at the above address, and we feel that he should be granted.the variance that he has applied for. We feel that the constructing -of this building in no'way hinders the beauty of the lake, and surrounding areas. Sincerely yours, J& ?.'680 ru=*x A July 7, 1980 Council Members of Edmonds City of Edmonds, Washington Re: Donald Molvik's New Building 24005-74th Ave. W. Edmonds, Washington Dear Council Members: We, w wws 4 1 MU".0^1 2 3 73 74('e &J do not object, in any wayj to the construction of Mr. Molvik's ::V" new building located at the above address, and we feel that he should be granted"the variance that he has applied for. We feel that the constructing of this building in no way hinders the beauty of the lake, and surrounding areas. It Sincerely yours, ,NL 26taft MIN July 7, 1980 J Council Members of Edmonds City of Edmonds, Washington Re: Donald Molvik4s New Building 24005 - Ath Ave. W. Edmonds- waghinatnn Wx OF July 7, 1980 rV.1 "A Council Members of Edmonds city of Edmonds, Washington Re: Donald Mo Ivik's New Building Oc' .4 24005-74th Ave. Wo Edmonds, Washington Dear council Members: we,Le Roa LOiA I/iU f"nd L4;t.A ve- _4._Wa do not object, in any way, to the construction of Mr Molvik's V�" new building located at the above address and we feel that h e should be granted the variance that he has applied for.. We feel that the constructing of.this building in no wa y hinders the beauty of the lake, and surroun ding areas. Sincerely yours, 07RBO 13f EDSIOW .1"tim MT. vs___ m » Edmonds Council Members of City of Edmonds, Washington vik's New Building Re: Donald Mol 24005-74th Ave. W. Edmonds, Washington Dear Council Members: we 10'"o- to the construction of Mr. Molvik's do not object, in any way, address, and wefeel that he ted at the above new building loca should be granted the variance that he has applied for of this building in no way hinders Nef.eel that the constructing and surrounding areas. the beauty of the lake, Sincerely You'74 _ July 7, 1980 Council Members of Edmonds City of Edmonds Washington Re: Donald Molvik's New Building 24005-74th Ave. W. Edmonds, Washington Dear council Members: We, do not object, in any way, to the construction of Mr. Molvik's building located at the above address, and we feel that he new should be granted the variance that he has applied for. We feel that the constructing of this building in no way hinders the beauty of the lake, and surrounding areas. Sincerely yours, -C All July 7, 1980 if Council Members of Edmonds City of Edmonds Washington Re: Donald Molvik's New Building 24005"74th Ave. W. Edmonds, Washington C'l Members: Dear Cou 1 We VZ 4./ do not object, in any way, to the construction of Mr. Molvik's -41 new building located at the above address, and we feel that he should be granted the variance that he ha p I plied for. s a We feel that the constructing of this building in no way hinders T. the.beauty of the lake, and surrounding areas. Sincerely yours, PlY OF L";,*I-JKDS KANNIN6 DIPT, July 7, 1980 Council Members of Edmonds City of Edmonds Washington Re: Donald Molvik's New Building A ..�. T-T new Duilding.located at the above address, and we feel that he should be granted the variance that he has applied for. We feel that the constructing of this building in no way hinders the beauty of the lake, and surrounding areas. Sincerely yours, Uj to L— "rr rawt)NI)s �I.ANNINQ DVPT. V , I Washington Re: Donald Molv ik's New Building 24005 74th Ave. W- . . . . . . Edmondsp Washington 7m; 'l M b Dear Cou 1 em erSj We .................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i ......... do not objects in any way, to the construction of Mr. Mo Ivik's IF located at the above a ddressq and we feel that he new.building should be granted the va rianpe that he has applied -for. We f eel that the constructing of this build ing in no'way hinders the beauty of the lake's and surrounding areas. Sincerely yourss a a 3180 � OF E&NOM LI NING am. NOTICE OF HEARING PETITION FOR VARIANCE - XMWJMWX=)pXy= BY EDMONDS BOARD OF ADJUSTMENT All interested p 20th day date for hearing for a variance - footaize 'allow at 24005 74th said property bei ?rsons are hereby notified that Wednesday, the )f Au 3,us t 19 80 * has been set as the Petition filed by Donald & Joyce mpiviL- x5WkbdWQ4K:Q=)P=ict to exceed square ed for accesory buildinjzs Avenue West ng zoned RSW-12 4F*4-4Xf4M:6*JC:K 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-26-80 PUBLISH:- 8-2-80 STATE OF WASHINGTON, COUNTY OF SNOHOMISH, B - 2 - I S& Affidavit of Pu6lication The undersigned, being first duly sworn on oath deposes and sa'y that she is Principal Clerk of the EVERETT HERALD, a daily newE paper printed and published in the City of Everett, County of Snohc mich and State of Washinaton! that said newspaper is a newspapE I of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County, and that the notice ..................................... NOTICE OF HEARING ................................................................................................................................. 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: AUG. 29 1980 ................................................................................................................. and that said newspaper was regularly distributed to its subscribers during all of said period. ................................ ............... !? ...................... . ......................................................... Principal Clerk Subscribed and sworn to before me this ..... 4.th ........... AUGUST 80 dayof .. ................................ 19 ......... ----------- ........... ............. ................ ............ otary Public in and for the State of Washington, h ++ Q Ay -0 4� residing at Everett, Snohomish County. I FILE NO. V-26-80 APPLICANT Donald Molvik AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Tina Zarelli being first duly sworn, on oath deposes and says: d That on the ay of a" the attached Notice of Public'of Hearing was mailed as required to adjacent p roperty owners, the names of which were provided by the applicant. S i gn�e-d� Subscribed and sworn'to before me thi(S-Z—"y of 19—yo czl� Notary Public. 3-n and for Lhe State of Washington Residing at . I k I T" 7m THE_ tltr-- WILL HOLD A PUBLIC HEARING ON THE FOLLOWING APPLICATION: -Weda ea r 4 f I FILE NO., 'R de_.,-Ao eke-p-ed, a, re, ro dta-, a o PROPERTY ADDRESS AND LOCATION ZONE DISTRICT MV5 Wn /0"L THE HEARING WILL BEGIN AT '7: -30 M., IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC CENTER, 250 FIFTH AVENUE NORTH. IF YOU WISH TO COMMENT ON THIS PROPOSAL, YOU MAY COME TO THE HEARING AND SPEAK. YOU MAY ALSO WRITE A LETTER STATING YOUR VIEWS WHICH WILL BE CONSIDERED AT THE HEARING. PLEASE ADDRESS THE LETTER TO THE COMMUNITY DEVELOPMENT DEPARTMENT AND INCLUDE THE ABOVE FILE NUMBER. IF THE ITEM IS CONTINUED TO ANOTHER HEARING BECAUSE THE AGENDA IS NOT COMPLETED, OR FURTHER INFORMATION IS NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED ONLY AT THE MEETING. ADDITIONAL INFORMATION MAY BE -OBTAINED AT THE COMMUNITY DEVELOPMENT DEPARTMENT, 505 BELL STREET, EDMONDS (PHONE 775-2525, EXT. 227). THE REMOVAL, MUTILATION, DESTRUCTION. OR CONCEALMENT OF THIS NOTICE BEFORE THE DATE WAIOININ(037' 0-F THE HEARING IS A MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTER 6-c�Q, SbQ r STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH T)" 'R r%T.7m n -n heinn first dulv sworn on.oath deposes and says: day of i the That on the attached Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, in the Post Office and Civic Center and where applic able, on or near the subject property. Signed-46a Subscribed and sworn to before me thi S--7� a y o f No ary ublic in and for the State of Washington residing at PIANNFR'S VARIANCE REVIEW FORM APPLICANT:— Donald movik ZONING:-Rqw-i 9 ADDRESS: 24005 74th Ave W VARIANCE . REQUESTED:— -buil. pxc!ptarl thp req11J'rPd sq. ft. reg irement by 12 sq. ft, Qnn sqft, ZONING CODE REQUIREMENT: f_Q r a c OTHER PERTINENT FACTS: VARIANCE CRITERIA - Section 12.16.100 1. Does this amount to a rezone? No nces not generally applicable to other., 2.(a) Are there conditions and/or circumsta lands in the same district? ng code deprive the property owner of rights (b) Would strict enforcement of the zoni me district? es in the sa commonly enjoyed by other properti cial conditions result from the actions of the applicant?_ya,--App1!.r-ant 3. Do the spe A An constru e h without 4Z 4- r th 1ii1dina--w-­ 19 Ba th ry hardships and practical difficulties in carrying out the 4. Are there unnecessa code? Sin provisions of the zoning otage. h Drove cost f the variance be detrimental to the health, safety, or welfare 5. Will the granting o of property owners in the vicinity? N,- 11 make possible the reasonable use of land? 6. Is this the minimum variance that wi 7. Will the granting of the variance generally be in harmony and compatible with this zoning code?_ Planner's Variance Review 12/77 'CITY OF E93MONDS CIVIC CENTER * EDMONDS, WASHINGTON 96M 9 (206) 775-2525 COMMUNITY -DEVELOPMENT DEPARTMENT DATE:_ September 23 - 1980 TO: Mr. & Mrs. Donald Molvik 24005 74th Avenue West Edmonds, WA 98020 TRANSMITTING: Board of Adjustment Minutes RE: V-26-80 AS YOU REQUESTED: FOR,YOUR INFORMATION: XX AS WE DISCUSSED.: FOR APPROVAL: FOR YOUR FILE: REVIEW AND COMMENT: COVLIENT AND RETURN: MINUTES OF MEETING:_August 20, 1980 REMARKS: PLANNING DIVISION minimum variance to make possible reasonable use of the land and he noted that even if 79th should be widened, which is unlikely, it*would not affect this property substantially. He felt granting of the variance would be in harmony with the zoning code, and he recommended approval. Mrs. Derleth noted that there is an obvious bulldozer track along one side of the property to some sort of development behind, which raised the question of what would happen in the future back there. Mr. Bowman responded that the property owner is planning to relocate a house on that property to another location on the same site and there have been a number of proposals for that property, but there are no current plans to widen the right-of-way beyond the 20' which exists. He said the property is held in common ownership and there had been a proposal to do a one-way loop system through it and develop a PRO but those plans fell through, and it now appeared that if anything does develop it will be three single-family homes on a one-way loop system to serve that back piece of property. The bulldozing was for the new driveway to the place where the existing home was to be relocated which is a building lot in the center. The public portibn of the hearing was opened. James Flaherty, 5921 172nd Pl. S.W., Lynnwood, said he had heard by word of mouth that the owner of this property intended developing two additional lots besides the lots in the back. He did not think traffic for three houses would overburden the road, but he protested to anything over three. He said it would impact the people who will live in the house he intends building on the corner. He said another problem is that the depth of the sewers is such that gravity flow would not be possible from the development in the back. He felt this particular right-of-way probably should have been a private road instead of an extension of 79th. The public portion of the hearing was closed. Mr. Hatzenbuhler observed that what was going to happen in the back of this lot was not the issue. Mrs. Derleth commented that this was a good sized house and she had not heard evidence as to why it had to be 4 1/2' into the setback, and she was not sure this was a minimum variance. The public portion of the hearing was reopened. The applicant said most model building codes allow 15' setbacks on corner lots if it is not an arterial and in the public welfare. He said they try to cut down the front and side yards and provide the most usable'space in back, and the plan selected for this lot is ideal because they will be able to save two old cedar trees on the lot. To get the plan on the lot they needed the 4 1/2' variance for the section of house adjacent to the right- of-way. He said the house on the other side of the right-of-way is approxi- mately 50' from the property line, with a lot'of greenbelt around it, so he felt this structure would not encroach on the neighbors in any way. He provided a drawing of a typical plan of what he is planning to construct and he said the home would sell somewhere in the high $80,OOD+. The public portion of the hearing again was closed. Mrs. Derleth considered the various points --the fact that it was unlikely that 79th would be developed further, it would serve as an access easement more than a full-scale City street, plus the fact that usually the setbacks from each corner provide some relief from sight obstruction --but that was not an issue here. She felt the cedar trees would be the big obstruction. Mrs. Medina commented that the plans provided are good, with the kinks worked out and they are inexpensive. But she said that when you have a lot that & plan does not fit then you need to think about a plan to fit the lot. She said it is a question of economics--$500 for an architect or $35 for a variance. Mr. Hatzenbuhler did not think a property owner should be penalized on a corner lot, and especially on this road. MR. HATZENBUHLER MOVED, SECONDED BY MR. LERAAS, TO APPROVE V-25-80 BECAUSE HE FELT IT WAS A MINIMUM VARIANCE TO MAKE BETTER USE OF THE PROPERTY AND BECAUSE IT WOULD NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY. MOTION CARRIED. A short recess was announced. V-26-80 DONALD AND JOYCE MOLVIK - Variance to exceed square footage allowed for accessory buildings at-24005 74th Ave. W. (RSW-12) A slide was shown of the accessory structure. A complaint had been received that this building was being erected without a building permit. That was FDMONES BRARD OF ADJYJ;MENT age - ugust 2 - 0 confi med and a stop -work order was issued, but the building was almost completed when the application was made for a variance. The allowable accessory building area is 1,000 sq. ft. and the two accessory buildings on this lot totaled 1,086.65 sq. ft. Mr. Bowman reviewed the variance criteria. It would not amount to a rezone. There were no conditions not generally applicable to other properties in the same district. Strict enforcement of the zoning code would not deprive the property owner of righs commonly enjoyed by others in the same district. Special conditions were the result of actions of the applicant as the applicant constructed the building without a building permit and discovered that the building was 86.65 sq. ft. too large. Since the building already was erected it may be costly to reduce the building to the required square footage, constituting practical difficulties in carrying out the provisions of the zoning code. Granting of the variance would not be detrimental to the health, safety, or welfare of property owners in the vicinity. Mr. Bowman felt this was a minimum variance to make possible reasonable use of the land and that granting of the variance would be compatible with the zoning code. He said he had a problem making a recommendation because the accessory building was constructed without a building permit. Mr. Smith said the building does not impede the sanitary sewer easement running across the lot. Letters had been received from adjacent property owners stating they did not object to the variance request. The public portion ofthe hearing was opened. Don Molvik said he had acquired twelve letters from his neighbors indicating they had'no objections to the buildings. He said his home was built in 1923 and the garage is only big enough to hold two cars. They are finishing the basement of the house and they had no place to store their boat. Part of the new building will be a greenhouse. He had poured the slab six months ago and went no further at that time. He said he cannot attach the garage to the house. He built the new building to match the house with a tile roof and cedar. Mrs. Medina said he was aware of the permit procedure in Edmonds and she asked why he had not obtained a building permit. He responded that he just did not take the time to get it. He said since he runs his bwn company he does not have much time but that was no excuse. Mrs. Medina observed that the accessory building looks like a nice guest cottage --that it has nice lines.and is beautiful. He responded that his house has four bedrooms and three bathrooms, so he does not need a guest house, and that even his garage has a stained glass -window in it and all his windows are thermopane, including the greenhouse windows. Mrs. Medina asked if he realized the load he was putting on the Building Department to inspect it at this point instead of at the proper stages. She admonished him that he is a knowledgeable man, doing business in this town, and that he knows the requirements regarding permits. He responded that the Building Inspector had no complaints with the building. The public portion of the hearing was closed. Mr. Hatzenbuhler commented that if Mr. Molvik had made his building smaller he would not be here, and the concern was whether to let it exceed the 1,000 sq. ft. requirement for accessory buildings. He noted that none of the neighbors objected, and they would be the most affected, and he said the complainant must not care too much or he would be here. He was in favor of approving it. Mr. Leraas said the only problem he had was legalizing the permit after they were so far along with the construction, and Mrs. . Medina said if he had received his permit in the first place he would not need a variance. Mrs. Derleth said she probably would not grant 86 sq. ft. over the 1 000 sq. ft. if she were looking at it before it was built and she could Nsign the building to remove the 86 sq. ft. CHAIRMAN BYRD THEN MOVED, SECONDED BY MR. HATZENBUHLER, TO APPROVE V-26-80, SAYING THE MOTION WAS MADE'STRICTLY ON THE MERITS OF THE BUILDING ITSELF AND THE SIZE OF THE BUILDING AND HE DID NOT APPROVE OF THE APPLICANT'S NOT GETTING A BUILDING PERMIT, BUT NEVERTHELESS HE FELT THE CRITERIA FOR THE VARIANCE HAD BEEN MET --MARGINALLY. HE SAID THERE ARE PRACTICAL HARDSHIPS AND DIFFICULTIES AT THIS STAGE, NAMELY REBUILDING OR REMOVING THE EXISTING STRUCTURES. HE FELT IT WOULD NOT BE DETRIMENTAL TO THE PUBLIC OR INJURIOUS TO THE AREA TO ALLOW THIS, AND IT APPEARED TO HIM TO BE A MINIMUM VARIANCE AND GENERALLY IN HARMONY WITH THE ZONING CODE. THE MOTION CARRIED, WITH MRS. MEDINA AND MRS. DERLETH VOTING NO. EDMONDS BOARD OF ADJUSTMENT Page 6 - August 20, 1980