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404 BELL ST (4).pdfFile NoCa -417-'7q CITY OF EDMONDS Date q ;3Z --7 'T EDMONDS, WASHINGTON Fee $25.00 Rec't No. 1-24 ;L APPLICATION TO BOARD OF ADJUSTMENT FOR CONDITIONAL USE PERMIT U--oy 16 oe I e HEARING DATE APPLI CANT��:,g ADDRESS PHONE: - C(:5 Indicate type or �egree of interes�'in the property: \4--� kfvar pa c e OWNER: ADDRESS PNONE: LOCATION OF PROPERTY (ADDRESS): JS+ LEGAL DESCRIPTION OF PROPERTY: QA4 r:�i2er- f�cnc —r P -7 N (A M (01 -Ylx) d<-" oc� nk FCAY n 1::� T To be completed by the Planning Dept: Use Zone Legal description checked and approved by: Date: VICINITY SKETCH: PLEASE SHOW BELOW A VICINITY SKETCH AS PER EXAMPLE, INDICATING NORTH. Example M7 Sr CONDITIONAL USE REQUESTED: rn r !��Ctmyo DETAILS OF PROPOSED USAGE: 'et �q �N3ale lip k--k V e ;2 WE 414 4121- 1257 fN r 4�1r- wner,inLy Signature otApplicant, 0 or STATE OF WASHINGTON SS. Representative. COUNTY OF SNOHOMISH On this date, before me, the undersigned, a Notary P bli in land for Vw S*te of 'u I 'Zz2�Z - 6 Washington, duly commissioned and sworn, personally appeare �' I ,who being duly sworn, on Ji4.s /her oath djFposes'and says tpt (s)he has prepared and read,the foregoing statements and has acknowledged to m that the recitations contained therein are true, and has signed this instrument as *5/her free and voluntary act and deed for the purposes therein mentioned. Subscribed and sworn to before me this day of- '17 197? .1 VTARYPUBLIC, in and'for4ttle Statit of Washington, residing at STANDARD AND CRITERIA USED BY THE BOARD OF ADJUSTMENT TO EVALUATE CONDITIONAL USE APPLICATIONS Section 12.16.080 Conditional Use Criteria. The standards and criteria governing the issuance of Conditional Use Permits are as follows: A. That the use will not endanger the public health, morals and general welfare if located where proposed and developed, and recognizes and compensates for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors and hazard or public need; and B. That the use meets all required conditions and specifications set forth in the zone where it proposes to locate; including the general provisions set forth in Chapter 12.14 of this Code; and C. That the use will not be injurious or detrimental to adjoining or abutting property; or that the use is a public necessity; and D. That the location and character of the use, if developed according to the:-Dlan as submitted and approved, will be in harmony and com- pati' 'J le with the area in which it is to be located as set forth in the applicable zoning classification in Chapter 12.13 and the Com- prehensive Plan for the development of Edmonds and its environs; a nd E. In addition, the Board may impose specific conditions precedent to establishing the use, and said conditions may include: 1. Increasing requirements in the standards, criteria or policies established by this Ordinance; 2. Stipulating the exact location of the use as a means of minimizing hazards to life, limb, property damage, erosion, land slides or traffic; 3. Requiring structural features or equipment essential to serve the same purposes set forth in item (2) above; 4. Imposing conditions similar to those set forth in items (2) and (3) above, as deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance gener- ating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards. F. All conditions required by the Board shall be entered in the minutes of the meeting at which the permit is granted and also on the certifi- cate of the Conditional Use Permit; G. To ensure the establishment of the above conditions, the Board of Adjustment shall have the authority to require and approve a specific plan and to increase the requirements as set forth above, but in no case shall the Board have the authority to decrease the requirements of this Ordinance for any use in the zone in which such use proposes to locate. Any such decrease in the requirements of this Ordinance shall only be granted upon the ussuance of a Variance. (8/77) _JAL' 7 i -111� APPEAL PROCEDURE 12.16.130 (c) The action of the Board of Adjustment shall be final and conclusive unless, within ten days from the date of action taken by the Board of % Adjustment at a public hearing, the ori'ginal applicant or an adverse party makes i, a application to the Superior Court for Snohomish County for a writ of certiorar writ of prohibition, or a writ of mandamus. (Ord.1554 (part), 1971; Ord. 1546(3) 1971 Ord. 1372 (1). 1968: Ord. 1074 (part), 1964.) CITY OF EDMONDS APPLICATION FOR CONDITIONAL USE PERMIT G. To,ensure the establishment of the above conditions, the Board of Adjustment shall have the a uthority to require and approve a specific plan and to increase the requirements as set forth above, but in no case shall the Board have the authority to decrease the requirements of this ordinance for any use in the zone in which such use proposes to locate. Any such decrease in the requirements of this Ordinance shall only be granted upon the issuance of a variance. 4. Th uest for Conditional Use Permit is Denied/Granted, subject 'to erefore, the req the following special conditions: 5. Decision shall be effective on: (Date) Date 17� C airman, Board ofAd h Justment 3 DATA 13L (0 151- Date of Application: Date of Hearing: Date of Publication: Continuances, Date of Posting: I 77 777, 7 7 Wr S,4 i"A S T A T E M E N T 0 F 0 P E R A T I N G C 0 N D I T 1 0 N S FIRST BAPTIST CHURCH 4TH & BELL EDMONDS, WASHINGTON TO WHOM IT MAY CONCERN: It is our,desire to research the possibilities of establishing a morning and -an afternoon preschool of a duration no longer than three hours per class -'and iisin some of the church facilities. pispreschool would be owned and operated by a professional teacher and would inatior& pre academic program fostering cone t development sponsor a non denonm ep through sensory first hand learning experiences which would give the preschool child a solid foundation for school. The space which could be allocated for learning centers would be the nursery and down stairs sunday school room.The social hall could function as a%indoor.recrea-'. ar developed, This tion center in which organized physical education skills e social hall would replace the need for an out door playground and provide the assurance of supervision.and safety. Since each child would be present no longer than a three hour period we feel necessary out door play canibe acquired at ho Me*. 2 The following areas in square feet would be available for such a preschool-.. Nursery a learning center 18 ft. by 27 ft. or 486 sq. ft. sunday school room 21 ft. by 24 ft. oe 504 Sq* ft. social hall indoor gym 51 ft. by 24 ft. or 1071 sq. ft. total 2061 sq. ft. We recognize the need for quality preschools which are directed and taught by early childhood majors and which do present programs which have an understanding of the maturational level and abilities of three, four, and five year old - children and would benefit the children in our community. Yours Very Tr y 14 Mrs. Tracy L. Terry ;y AAL P- - qw .1 1 . ',� F I LE NO. "Cu-69-79 J APPL I CANT Tracy TPrry AFFIDAVIT OF POSTER STATE OF -WASHINGTON ss. .�,COUNTY Or SNOFIOM I SH Richard Pearson being first duly sworn, on oath deposes and says: That on the day of ,19 the t a -tached Notice of Public Hearing was posted as prescribed by Oedinance,, and In any event, In the Post Office and Civic Center,. where applic ab e, on or near the subject property. Signed Subscribed and sworn to before me this day of L- 1970 Notary Public in and for the State of Washington residing at A 777 f 2. 3. WL PLANNER'S CONDITIONAL USE PEMIT REVIEW FORM FILE # #121 MIM APPLICANT: —ADDRESS:_qQ Y CONDITIONAL USE REQUESTED: re - S C-A00 ZONING CODE REQUIREMENT: sfg�jmtA4- OTHER PERTINENT FACTS: 15 a4leeki ptr WWPV!�q 4-01 &—.ot_q CONDITIONAL USE PERMIT CRITERIA SECTION 12.16.080 Will the proposed use endanger the public health, morals and general welfare if located, where proposed and developed? Ma -AatL e.� A4,204k 4WA 'A,- Aedn'"' YES/NO Does the proposed use meet all required,conditions set forth in the zone where it pro-, poses to locate; including the general provisions? YES/NO Will the use be injurious ordetrimental to adjoining or abutting property? Is,use.a­,,,_ public necessity? /Vy. ase W�'/V YES/NO Will the proposed location and character of the use be.in harmony and compatible with the area in which it is to be located as set forth in Chapter 12.13 and the Com. prehen k*_414rda" sive Plan? c,,4uW 0, 4-A� 10 a —,-t,+ YES/N0_ Conditions to be imposed preceeded.to establishing the use: IWAIE. (a) Increasing requirements established by this Zoning Code. (b) Stipulation of exact location as a means of minimizing hazards to life, limb, property, erosion, landslides or traffic. (c) Structural features or equipment established to implement "b" above. (d) Conditions deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating features such as: noise, odors, air pollution, wastes, vibration, traffic, physical hazards. 6. Do the conditions recommended decrease the minimum requirements of the Zoning Code? (If so, a variance is required.) YES/NO bTPVD V& (8/77) 4pw i 'V at the bottom of the hill. Mr. Pearson said that, according to Public Works, the applicant was advised that 14% was maximum. and he apparently had a plan which met that requirement. Access onto 74th Pl. W. at this location is hazardous due to sight distances and slope of roadway. Mr. Pearson noted that the lot next to this has a similar situation and they Might work out some kind of shared driveway that would meet the grade of the hearing was opened. Bill LeClaire requirement. The public portion 4A +h- i. only a 31' frontage to his lot. and his permit was issued to him after approval of a site plan prepared by Kegel & Associates$ with a 18% drive. He said that was drawn from a City topographic survey of the area. The lot has a twofold slope to it, to the east and to the north, where the switchback was to take place so switching back does not decrease the slope. He said there also is subsurface water in the area and they incurred extra grading because of the water table. He had the City engineers out at the time of excavation. He said they are required to install a retention system, and they propose a coarse finish on the driveway to give good traction. Further, the last part of the driveway is not so steep, and they could trim back some of the trees to make visibility better, but there is a nice grove of alder trees and if the switchback were put in they would have to be eliminated. He said he had done his best. Bill Johnson of 720 Maple said the building permit did say maximum 20%. He said he believed Mr. LeClaire was not trying to get by with something, and he has worked with the Engineering Division and it was they who suggested he ask for a variance. Mrs. LeClaire said they are a small business and they have put everything into this project. She said they had tried for an easement on the lot above but it was refused. They had offered to pay for it but the owner would not give it. She said they �ad spent $10,000 on the driveway alone and that her husband had really tried to find a solution. The public portion of the hearing was closed. Mrs. Derleth said she drives in this area and for the last six months she had driven by that driveway and wondered how it could occur in this City with the Code we have. She said there is a second driveway adjacent to it which results in a swath 50' wide and 8' deep into the hillside. She said she has felt strongly about it because she has not ever before seen such a bad job done on a hill in this City. She appreciated that problems could have developed as construction went on. She noted that there is a constant stream there also. She said she did not see how this could be anything but a big drainage problem, and the site is in the moratorium area. Also, there are other lots around there that the people want to develop, so this would then have even more impact. Mrs. Medina said the applicant would be well advised to get an engineer to try to solve the water problem and try to salvage what can be salvaged. MRS. MEDINA MOVED, SECONDED BY MR. LERAAS, TO CONTINUE V-72-79 TO NOVEMBER 21, 1979 A, THAT THE APPLICANT RETAIN A PROFESSIONAL ENGINEER TO SOLVE THE DRAINAGE PROBLEM AND COME UP WITH A DRIVEWAY THAT IS ACCEPTABLE TO THE CITY ENGINEER. MOTION CARRIED. V-73-79 CHARLES CROSBY - Variance from front setback at 21225 Shell Valley Rd. (RS-8) Mr. Pearson said the proposal was similar to that which was denied last month. He felt this should be denied and the applicant could reapply if he comes up with something that fits the lot. The applicant was not present. The matter was considered withdrawn because the applicant was not present. U-69-79 TRACY L.TERRY - Conditional Use Permit for preschool at,404 Bell'. -St.- (BC) The statement of operating conditions was provided. Mr. Pearson said the play area will be entirely inside the church and there is adequate parking space. He recommended approval. The public portion of the hearing was opened. Tracy Terry said the preschool will have an academic program and organized physical education time inside the social hall. She said there is a growing need for quality preschools and they will have a certified teacher and child development specialist. The! public portion of,the.hearing was closed. MR. LERAAS MOVED� SECONDED BY MR. HATZENBUHLER.,TO APPROVE,CU-694-,9,:' .BECAUSE,IT APPEARED THAT THE:USE WOULD NOT BE� DETRIMENTAL -TO THE HEALTH* WELFARE, AND SAFETY OFTHE SURROUNDING AREA. MOTION CARRIED. BOARD OF ADJUSTMENT Page 9 - October 17, 1979 51 ��V.". "'W 11;"�� K" CITY OF EOMONOS HARVG' K H'A'RRIS' ON, 011C CENTER EDMONDS, WASHINGTON 9aM * (206) 775-2525 MA'Y'OR COMMUNITY DEVELOPMENT DEPARTMENT DATE: 10/31/79 TO: TraCY L.-Terry, J3813 Cascadian�,, :Ever,tt, Wash.98204.. TRANSMI ING- Board of Adjustment RE:Pile#CU-69-79 YOU RtQU�STED: FOR YOUR INFO TION: AS WE DI Sc SSED: FOR APPROVAL: FOR YOUR FILE: