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336 ADMIRAL WAY (7).pdfa 4 0 80 ��l PCOTIA 6 ............ FyI ., 1, _ (Z, EXHIBIT 2 � DATE 5 CITY OF EDMONDS FEE--- 0,50,00 HEARING EXAMINER RECT APPLICATION FOR VARIANCE APO'S HEARING DATE: APPLICANT Port of Edmonds ADDRESS_ P.O. Box 39 CITY & ZIP Edmonds, WA 98020 PHONE 774-0549 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Fee LOCATION OR ADDRESS OF PROPERTY 336 Admiral Way, Edmonds, VIA 98020 LEGAL DESCRIPTION OF PROPERTY Port of Edmonds waterfront pedestrian boardwalk immediately south ot the Port office, 336 Admiral Way. VARIA14CE REQUESTED: Installation of 60' Flag Pole FOR OFFICE USE ONLY: USE ZONE: ZONING ORDINANCE REQUIREMENT: 2�0 I Release/Hold Harmless Agreement The undersigned applicant, his heirs and assigns, in consideration for the City processing the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages and/or claims for damages, including reasonable attorneys' fees, arising from any action CD or inaction is based in whole or in part upon false, misleading or incomplete information furnished by the applicant, his agents or employees. Permission to Enter Subject Property The undersigned applicant grants his, her or its permission for public officials and the staff of the City of Edmonds to enter ��e subject property for the purpose of inspection and posting at nda t t t application. Z'gnature of Applefcant, Owner or epresentative DECLMRATIONS OF APPLICANT Please answer all questions 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? Not applicable - the site is not impacted before or after the construction. 2. How does your property differ from other property in the same vicinity? Surrounding property is commercially operated with parki g, pedestrian boardwalk, port office, and miscellaneous commerical buildings. 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? This variance will enhance the public use and enjoyment of this and other properties. 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? Removal of structure, financial drain on public funds, return of donated equipment. These hardshij�s indeed have been caused by our actions. 5. Can you make reasonable use of your property without the variance? Yes. The addition enhances Public use and---enjoyment—o-f-- the waterfront and instills a pride in the Edmonds Com- munity from within, as well as a front door to the marine traffic. I lt� El H I BIT 3 3 r I I I p 0 mmi AP .140 AND, Y, III's I wv;": , ? 14% fit 4-1 r wo .7 t'j,. rl lt --l`jf7 01 If I I I .:518'v OV$3ET C4 TOTAL) 14W 4X4 ,W1.4 XW1.4 .4\ Z' W6. lv) k \9 �t AMMOR Ra73 AlUT3 -:�r ,, ox ALWW� PL47,c 6047- _Fl_Ai�PME (peoVIDER BY ONAIER) 6," :�TP :57ML PIPE c ,XPAMSIV4 afMT a,- 011± HOW 2 4`4 !12 A C3 IN BA3E 14' 0 ��A7'C 'FOR ANC OR BOU 2 0 ol e4_477- 11V-PLAC,� COAIC,eE TE PIER 3C CTION A ALE: 114 P ;9 4 7-1,r3 - 0 \9 4- -6!-,6 V,6;e71C41_ PZ_ A AJ .5c&E. _514 0 N0TES 1. DESIGN CRITERIA: 1986 UNIFORM BUILDING CODE. WIND FORCES ON PROJEC= Alm- 28.6 PSF, 0 - 20 FT; 30.9 PSF, 20 - 40 FT, 35.7 PSF, 40 - 60 ET; 2. SOILS: RL%UVE BARK AND TOPSOIL TO FIRM FATERIAL. BACKFIIL WITH Wfflr-GRADED BACKFILL mTERIAL To FINISH GRADES. COMPACT TO 90 PERCENT OF FAXIKJ14 MY DENSITY IN 6' LIFTS, MAXnlJM. USE AUGER TO LP=- Ba, FOR PIER. 3. CoNcRETE: 28 - DAY STRENGTE FC' 3000 PSI. MIN114374 5 1/2 SACKS TYPE 1 OR II MzW PER CUBIC MTZD. 4" mViMM SLUMP. OWURM 70 ASTH C150. 4. REINFORCING: ASTH A615 - GRADE 60 FOR VERTICAL BARS, GRADE 40 FOR TIES. lv=-ED WIRBE FABRIC - ASI24 A185. 5. ANCSOR BCLTS: 1 1/2" DIRMTER A307 BCLTS, SO—IDIP GALVANIZED IN ACMpoANCE WITH AMI A-153. SIXZMARD HEX NUTS. 6. STEM F_lATES: A-STIF, A36. ALL INUDING IN ACOMMANCE WTIS AWS-Dl BY CERTIFIED WELDERS. E70 ELECIRODES. 7. EXISTING FLAGPOLE: ASSUI!ED HNIERIAL ASTM A53, TYPE Er STEEL PIPE. 00,07- OF EDIlaVO-5 rOUNPATIOV roe 60-FOOT FLAGPOLC Pursuant to our phone conversation of February 4, 1987, there are no business locations within 80 feet of the subject flagpole. The Port of Edmonds Administration building is the only structure within the distance of 80'. if you need any additional information, please do not hesitate to ask. On my oath, I certify that the names and addresses provided represent all properties located within 80 feyt of the subject property. 1'!!n�ature of Appl i or Appl icin-Cs Represeqk:�?tive /79 Subscribed and sworn to before me this day of 19 Notary Public in and for the State of Washington Residing at RECEIVED City of EdmondS FF B 1,. 1987 tll�INEERING INTER -OFFICE CORRESPONDENCE .. a . ry McComas Fire M. 'Bobby',"M I W Duane -Bowman DATE Feb. 4, 1987 th/jerry Hauth Eng. FROM To. SUBJECT V-25-86 VARIAN CE FOR HEIGHT OF FLAGPOLE AT APPROX. 336 ADMIRAL -WAY (CW) VARIANCE REQUESTED:. 601 FLAGPOLE CODE REQUIREMENT: 30' :HEARING DATE: FEBRUARY 19, 1987 13, 1987. PLEASE RESPOND WITH YOUR COMMENTS -NO LATER THAN FEBRUARY THANKS. all City of Edmonds V LD FEB 0.4 1987 EMOMS BRE DML k VED FE3( 19S7 CITY M 0 -.2MLIPl— �EDMOID�� IYED City Of Ed nus F�B 0 4 79 87 -OFFICE CORRESPONDENCE -pliguc: INTER a Gdry.:..McComas Fire M. �6 b�Y77'1.1 i 11 s P'. W e'-.Bowman Feb. 49 1987 Q-,,LDah Smith/Jerry Hauth Eng FROM Du�n DATE -T SUBJECT 336,ADMIRAL-WAY (CW) V-25-86 VARIANCE FOR HEIGHT OF FLAGPOLE AT APPROX 60' FLAGPOLE VARIANCE REQUESTED:, :,CODE REQUIREMENT: 30' FEBRUAR Y 19,1987 ;�HEARING DATE 13, 1987. s-No LATER THAN FEBRUARY PLEASE RESPOND WITH YOUR COMMENT THANKS. k CITY OF EDMONDS NOTICE OF PUBLIC HEARING WILL HOLD A PUBLIC HEARING ON THE FOLLOWING APPLICATION: FILE NO IT10,10. w I A 4 -.A- � mw - N-mrlo- IL -MR&WAS ZONE DISTRICT THE HEARING WILL BEGIN AT # 30 P.M., IN THE PLAZA MEETING ROOM, LIBRARY BUILDING, 650 MAIN STREET, EDMONDS, WASHINGTON. 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 PLANNING 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 OFTHE CONTINUED HEARING WILL BE ANNOUNCED ONLY AT THE MEETING. ADDITIONAL INFORMATION MAY BE OBTAINED AT THE PLANNING DEPARTMENT, 250 FIFTH AVENUE NORTH, EDMONDS (PHONE 771-3202, EXTENSION 252). THE REMOVAL, MUTILATION, DESTRUCTION, OR CONCEALMENT OF THIS NOTICE BEFORE THE DATE WARNING OF THE HEARING IS A MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTER-gAltt 1�? k NO MAILING NO ADJACENT PROPERTY OWNERS FILE NO. V-25-86 APPLICANT Port of Edmonds AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH being first duly sworn, on oath deposeg and says: That on the day of '19 the attached Notice of Public Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Subscribed and sworn to before me this 19 Signed day of Notary Public in and for the State of Washington. Residing at �1�0 V-25-86 FILE NO. APPLICANT Port of Edmonds AFFIDAVIT OF POSTER STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) Duane Bowman being first duly sworn, on oath, deposes and says: That on the 6th day of February ., 19 87 , the attached Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, in the Frances Anderson Center and Civic Center, and where applicable on or near I the subject property. Signedj/,g�ae &�07/,twt Subscribed and sworn to before me this day of I Notary Publ i c in and for the St:?..t,e of - Washington. Residing at MY COM6SION EXPIRES 6-16-*� 89. THIS PACKET SENT TO HEARING EXAMINER ON FEBRUARY 6, 1987 EXHIBIT LIST V-25-86 EXHIBIT 1 - STAFF REPORT EXHIBIT 2 - APPLICATION/DECLARATIONS EXHIBIT 3 - SITE PLAN EXHIBIT 4 - PHOTOGRAPHS k I EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: V-25-86 HEARING DATE: February 19, 1987 REQUESTED ACTION: Variance to the allow a flagpole to exceed the permitted 30' height limit by 30' at 336 Admiral Way, Edmonds. II. APPLICANT/OWNER: Port of Edmonds Attn: Mike Valiga 336 Admiral Way Edmonds, WA 98020 III. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surr6unding Area The Port of Edmonds is seeking a variance to allow a 60' high flagpole on the Port property in the Edmonds Marina. The flagpole has been erected 40' to 45' south of the southwest corner of the Port Offices, along the pedestrian walkway. The subject property is zoned CW (Commercial Waterfront), as are all the surrounding properties. Surrounding development is a mixture of marina related businesses. B. Official Street Map Proposed R/W Existing R/W East - Admiral Way 60' 601 C. Conformance to Chapter 20.85.010 1. Special Circumstances Special circumstances do appear to exist in this particular case. The flagpole is used to identify the Edmonds Marina by boats out on Puget Sound. 2. Special Privilege Staff Report V-25-86 Page 2 Based upon the circumstances of this case, --the proposed variance does appear to represent a grant of special privilege. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property and surrounding area as Commercial Business/Urban Waterfront. The proposed variance does not appear to conflict with the purposes of the Comprehensive Plan. 4. Zoning Ordinance The subject property, as well as the surrounding area, is zoned CW. The proposed variance does not appear to conflict with the purposes of the zoning ordinance or the CW zone district. 5. -Not Detrimental The proposed variance does not appear to pose any significant impact to the public or to any near by private property or improvement. 6. Minimum Variance The requested variance does not appear to represent a minimum variance request. V. STAFF RECOMMENDATION: Staff does not oppose V-25-86. The flagpole is used for identification purposes for boats on Puget Sound and poses no significant impact on any adjacent properties. k PLEASE PRINT YOUR NAME AND ADDRESS BELOW IF YOU WISH TO SPEAK ON THIS ITEM AND/OR WISH TO RECEIVE A COPY OF THE HEARING EXAMINER'S FINDINGS OF FACT V-25- 86 PORT OF EDMONDS Variance to allow a flagpole to exceed the permittted 30' height limit by 30' at 336 Admiral Way. NAME ADDRESS Lv- 336 AvjntP-A(- LJA'11 CITY OF EDMONDS 250 5th AVE. N. EDMONDS, WASHINGTON 98020 * (206) 771-3202 HEARING EXAMINER FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF' EDMONDS -CtT_y -Q'�r IEDA491V _po, LARRY S. NALIGHTEN MAYOR IN THE MATTER OF THE APPLICATION OF FILE: V-2:3­86 9"*I-IE PORT OF EDMONDS FOR APPROVAL 0? A VARIANCE I)ECI.SI'01'41: The variance is granted subject t0 t1he conditions listed. INTRODUCTION The Poct of Edmonds,.336 Admiral Way, Edmonds, Washington, 08(.120, (hereinafter referred to as Applicant) has requested approv�ll of a to al.jow a [].aapoj.e to exceed the permitted 30--foot he"Light v a. r J. a n c, e l.jr(tit for cw (c,oirtrotercia'.1, Wate�r-front) zoned property at 336 Adnlliral. C) a arit requests a t -I'LOW Way, �dnionds, wc-IsitUrnaton The Appl.Lc a 60-foot high flagpole.. A he-aring on the request was held before -the 't-!earing o): the. Cj.ty of Edmonds, was'nington, on February 19, 1987� At the hearing the following presented testimony ai-id evldvnce; Duane Bowman Planning Dept. City of Edmonds Edmonds, WA 98020 R. Hertrich 1020 Puget Drive Edmonds, WA 98020 William Lund (No address given) M. Hendrickson 336 Admiral Way Edmonds, WA 98020 Finis gr�upper 710 Daley Edmonds, WA 11,8020 At the hearing the following exhibits were submitted and aaftmit.ted as part of t1je official. record of this proceedingi Exhibit I Staff Report Applicati.o-n./Declarations 3 Site Plan 4 pl)o-tographs After due 'cons ideratiori of the 0vidlencp presented ';.)y t.-.he -Applic-c'.*Wt; INCORPORATED AUGUST 11, 1890 k HEARING EXAMINER RE: V-25-86 evidence elicited during the public hearing; and, as a result of the personal inspection of the subject property and surrounding areas by the Hearing Examiner, the following Findings of Fact and Conclusions constitute the*basis of the decision of the Hearing Examiner. FINDINGS OF FACT 1. The Applicant has requested a variance for the allowance of a flagpole to exceed the permitted height requirement on property located at 336 Admiral Way, Edmonds, Washington. (Staff report.) 2. The subject property is zoned CW (Commercial Waterfront). The Edmonds Community Development Code (ECDC) 16.55.020(A) establishes 30 feet as the maximum height for structures in a CW zone. (ECDC.) 3. The flagpole has been interpretted as being a structure subject to the maximum height restrictions for CW zoned property. The Applicant seeks a variance from these standards. (Bowman testimony.) 4. In order for a variance to be granted within the City of Edmonds the criteria as set forth in ECDC 20.85.010 must be satisfied. These criteria include: A. Because of 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 limitations 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 significantl detrimental to the public health, safety y 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 the rights enjoyed by other properties in the vicinity with the same zoning. (ECDC. ) 5. The Applicant seeks the variance for the purpose of placement -2- k ......... . HEARING EXAMINER t RE: V-25-86 of a 60-foot high flagpole on the property that is located in the Edmonds Marina. The flagpole has been erected 40 feet to 45 feet south of the southwest corner of the Port of Edmonds offices along the pedestrian walkway. (Staff report and Bowman testimony.) 6. The subject property is zoned Commercial Waterfront as are all the surrounding properties. The properties are developed with marina -related businesses. (Staff report.) 7. It is the intent of the Applicant to use the flagpole and the flag that will -be flown on it as identification of the location of the Edmonds Marina. 'Boats on the'Puget Sound will be able to see the pole and the flag. (Hendrickson testimony.) 8. Until recently the boats on the Puget Sound were provided direction by use of a union 76 sign. The Union 76 sign has been removed and currently there is no similar means of identificaticLn of the marina. The Applicant intends to erect the pole to satisfy this deficiency. (Hendrickson testimony.) 9. The Comprehensive Plan of the City of Edmonds designates the subject property and surrounding areas as Commercial Business/Urban Waterfront. The City has submitted that the requested variance does not conflict with the purposes of the Comprehensive Plan. (Staff report.) 10. The variance will*not impact views and will not significantly impact public or other private properties or improvements in the area. (Bowman testimony.) 11. A 30-foot pole would not be able to be seen by boats on the. Puget Sound. Th6 minimum height for visual guidance from Puget Sound is approximately 60 feet, or the height of the Applicant's pole. The requested variance is the minimum variance request. (Bowman and Hendrickson testimonies.) 12. The Planning Department of the City of Edmonds has recommended approval. of the'variance. They stated that: "The flagpole is used for identification purposes for boats on Puget Sound and poses no significant impact on any adjacent properties." (Bowman testimony and Staff report.) 13. A witness, who has been a Port of Edmonds tenant since 1963, testified to be in support of the Applicant's request. He stated that no views are blocked and the flagpole and flag enhance the area. (Lund testimony.) 14. A witness submitted that the variance.if granted should be a conditional variance with a condition that crosAars with one signal device be part of the flagpole. (Tupper testimony.), -3- HEARING EXAMINER RE: V-25-86 15. A witness (Hertrich) submitted that conditions for a variance as set forth in ECDC 20.85.010 have not been met. According to the witness, the flagpole will impact views and is not consistent with the Comprehensive Plan of the City of Edmonds which speaks of protection of waterfront property. (Hertrich testimony.) CONCLUSIONS 1. The application.is for the approval of a variance to allow a flagpole to exceed the permitted 30-foot height requirement for CW zones. The requested variance is to allow a flagpole to remain at 60 feet on the Port of Edmonds property located at 336 Admiral Way, Edmonds, Washington. 2. The criteria for the' granting of a variance are set forth in ECDC 20.85.010. The application satisfies these criteria. 3. Special circumstances exist for the granting of a variance. The flagpole will replace other visual guides that have been removed and will aid boaters on Puget Sound. The flagpole is unique in that it will provide specific direction to boats during inclement weather or hazardous sailing conditions. 4. The Comprehensive Plan of the City of Edmonds has been reviewed and the proposal is consistent with that plan. The pole supplements the shoreline -oriented uses and will not impact the marina or waterfront of the City of Edmonds. it does not impact the conservancy or natural environment in the area. 5. The requested variance is consistent with the zoning laws of the City of Edmonds and the purpose of the CW zoning.. It will not impact areas designated for water -related uses nor affect any access to the waterfront of the City of Edmonds. 6. The grant of a variance is not the grant of a special privilege. Individuals other than the Applicant will receive the benefit of the variance. 7. The requested variance will not impact the public or other private properties or improvements. 8. The requested variance ' is the minimum necessary for the Applicant to construct the flagpole as requested. DECISION Based upon the preceding Findings of Fact and Conclusions; the testimony and evidence submitted at the public hearing; and, upon the impressions of ' the Hearing Examiner at a site view, it is hereby ordered that the requested variance for the allowance of a flagpole at 336 Admiral Way, Edmonds, Washington, is granted. The variance is granted subject to the following conditions: -4- 2. The Applicant is to consider the possibility of putting crossbars on the flagpole for the purpose of providing warnings to sailors. The Applicant is to report the findings to the Planning Department prior to September 1, 1987. If the crossbars are deemed reasonable by the Planning Department, the Applicant shal ' 1 construct these devices no later than December 31, 1987. COMMENTS The Applicant has requested a variance to exceed the permitted 30-foot height limit by an additional 30 feet for a flagpole located at the Edmonds Marina. Because the flagpole is considered a structure, it must be. constructed in accordance with the CW zone standards (adherence to a height limit of 30 feet). It is from this standard that a variance is sought. (It should be noted that no witness raised the issue of whether the flagpole is in fact a structure and subject to the height limitations.) In order for a variance to be granted the criteria of ECDC 20.85.010 must be satisfied. The facts of this request have been applied to these criteria and they satisfy them. Until recently a commercial sign (Union 76) was used to assist boaters on the Puget Sound. This sign identified the location of the Edmonds Marina. However, this sign has been removed and currently there is no identification to assist sailors and boaters in locating the marina. The Port of Edmonds has opted to erect a 60-foot flagpole partially for the reason of providing navigational. aid to boaters. The port has erected this size flagpole because a 30-foot flagpole cannot be seen from Puget Sound. The 60-foot flagpole can be seen when the flaq is flying from the pole. I With this in mind, the requested variance is not excessive. The iarger flagpole can be used to provide direction during inclement weather and unsafe sailing conditions. The high flagpole does not conflict with the Comprehensive Plan designation of the property of Commercial Business/Urban Waterfront. The flagpole has been reviewed with consideration of ECDC 15.38.010 and ECDC 15.38.020. The flagpole supplements the shoreline oriented use (the marina). The flagpole will not impact the marina or the waterfront and will not impact the conservancy or natural environment in the area. The proposed flagpole has been reviewed with the provisions of ECDC 16.55.000, the CW zoning purposes and standards section of the ECDC. The large flagpole will satisfy the purposes as set forth in ECDC 16.55.000. It will not change areas that are designated for water -related uses, nor affect any access to the waterfront. 36V a HEARING EXAMINER R V-25-86 The flagpole will not create a threat to the waterfront. It is not similar to a sign in that it does not identify any particular product. The flagpole will fly the American flag for the purpose of identification -for boaters and also the display of governmental pride. The flagpole will not impact views. This request has been reviewed and the criteria for variances have been considered. It is the opinion of the Hearing Examiner that the variance criteria are met and the variance is therefore granted. Entered this 10th day of March, 1987, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. JAMES M. DRISCOLL Hearing Examiner NOTICE OF RIGHT TO APPEAL Written appeals alleging specific error of fact or other grounds.for appeal may be filed with the Planning Department, City of Edmonds, Civic Center, Edmonds, Washington, 98020, within fourteen days of the date of the Hearing Examiner's final action. In this matter any appeal must be received by the Department prior to 5:00 p.m. on March 24, 1987. ! M.