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536 PINE ST (2).pdf6 al CITY OF EDMONDS BOARD OF ADJUSTMENT kPP7.Tr TTnM rno IYADTAwinp FILE # s- DATE r) - FEE RECT # APO'S HEARING DATE: APPLICANT KENNETH Ii. OLSEN ADDRESS 536 Pine Street CITY & ZIPEdmonds, VA 98020 PHONE-775-4256 / 364-0686 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY OWNER LOCATION OR ADDRESS OF PROPERTY 536 Pine Street Edmonds, 14A 98020 60 feet South of We - Beginning 33.3.5 feet East an LEGAL DESCRIPTION OF PROPERTY Northwest corner of the Southwest quarter of the Northwest quarter of Section 25, Township 27 North, R&nge 3 East, W.M.- thence SoutH-T43- feer- thence East 8 feet, thence North 145 feet*. thence West 58 feet to the true point of beginning. County of Snohomish, State of Washington -.Arjso-kaQwa am o1a Plats of Edmonds, Yost lst Addition, Lot #2-132 VARIANCE REQUESTED: � Wish to construct car -port which would- cause the property to have in excess of 1,000 square feet of accessory structure.. FOR OFFICE USE ONLY USE ZONE: ( p ZONING ORDINANCE REQUIREMENT:—ACLQ!��Syc�PY ��ruc-kre'�S /,j 0 16= STATE OF WASHINGTON) COUNTY OF SNOHOMISH) /Signature of Applicants Owners or Representative On this date, before me, the undersigned, a Notary Public in d,for the S 7 an of Washington, duly commissioned and sworn, personally appeared 7 who, being duly sworn, on his/her oath deposes and says that (9)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 volum.ary act and deed for the purposes therein mentioned. 6' SuSperibed and sworn to before me this day of 1 9 NOiry P�bllc in and for the State of )4ashington get' NAMES AND ADDRESSES OF PROPERTY OWNERS OF RECORD Name Address JOHN L.HATRZR 548 Pine Street, Edmonds, WA 'BYRON D. & MARY E. DOYLE 529 Forsyth , Edmonds, WA jOHN J. LALANNE c/o 922 Second Avenue Seattle,WA ARNE R. & 1. OLSEN P.O. Box 25788 Edmonds, WA w=ZL BORG HANSEN 18631 Olympic.View Drive,Rdmonds EVERETT A. THOMAS 539 Pine Street, Edmonds, WA EDNA L. GAY 5412 Pine Street, Edmondeq WA I E LAUREL BALLEW 528' Pine Str -eat Edmonds, WA. RICKARD SUE 260 Seach Place, Edmonds, WA WAYNE L. ki== 527 Pine Street, Edmonds, WA I Lot Number' 2-13 2-179 2-166 2-133 2-121 2-122 2-131 2-134 2-135 .2-123 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? None 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? NOD shguld imgrove other proBarty by getting my antique car collection —out nf view, Additionally, existing structures of two stories high, proposed atrUctUrg would not be as high therefore not obstructing anyone's view 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? Will cause additional deterioration of my antique car collection. 5. Can you make reasonable use of your property without the variance? Yes NI a Record of Findings of Fact by Board of Adjustment The Board of Adjustment for the City of Edmonds finds in the case of Fi I e No. request for variance at the following: 1. That notice was given according to Code requirements. and Affidavits attesting to same are in the file. 2. That the foregoing set forth Standards and Criteria each have/have not been met. 3. In addition that 4. Therefore, the request for variance is Denied/Granted* subject to the following special conditions: 10"V/4-0 S. Section 12.16.110 go ---- and if a building permit and/or occupancy Vermit is not obtained for the s6�Wect-property within one year from the date of the Board's decision, the con- ditional use permit or variance shall be automatically null and void.---" 6. Decision shall be effective on: — (Date) e? L DATED: att�Z /fiL/ Chairman, Boa of Adj9dtment DATA Date of Hearing: Date of Appl i cation: Za Date of Publication: Continuances: Date of Posting: Date of Appeal from Decision of the Board: Secretarys, Board of Adjustment Q. Auglist 9, 1979 Laurel Rallew 528 Pine Edmonds, WA 98020 Fdmonds Planning Commission: SUBJFCT: Variance, 5% Pine, Olson P F(7FWEIY AUG 979 GI1Y OF EDMONDS PLANNING DEPTs By We residents of Edmonds must rely heavily on you gentlemen,for the maintaining of the quglity, value and charm of what is one of the county's most attractive cities. For that reason I ask you to consider most carefully the variance 'Which would allow constructi)n of a large carport on my neighbor's property. Presently the property is, visually at least, overburdened. But a greater and more distressing visual burden is the accumulation of six rusty, canibalized old car bodies --some of which are completely gutted --that Mr. Olson has accrued and which are deposiied in the back and front yards -of his lot. This eyesore.detract.s substantially from the 'enjoyment of my and other neighbors' u.se of their yards, sun decks, viewtwindows and also, I am . Bure from the monitary property.value. The,planning off -ice file has no plan of the proposed structure itself which could be merely a roof and posts. Also there is no mention of ' Mr . Olson's plan .to build.a breezeway connecting the house and the b.uilding-in back of it (an oversized garage and apartment above). The sketch of the lot. layout with placement of buildings, existing and proposed, gives the impression that there will be more space behind and fronfof them than is the case. Nowhere is�it stated what percentage of the property is now covered with buildings. It was difficult to evaluate the proposal on.those bases presented. I don't kn ow if a simple open carport will do much to improve the situation. Ideally, Mr. Olson would use the present oversized garage to pursue his collecting car parts; haul away the gutted chassis and otherwise show some concern and regard for his neighbors viewpoints. If I thought the carport �ould bonideroa ir6te invfavor, but would tuck everything neatly 012t, of siEht I v� there are other considerations and I guess that's why we have you. Jzll� I invite, ask, you to come into my yard and view the� situation from there. Please consider: the percen of ground already covered; the average and desired"'. -7 use of Rl lots in this area; to what future use ut; the effect on the this s.tructure might be p value and salability of adjacent properties and all pertinent aspects. ug Your careful and concerned thoughts and time Ar.e appreciated. Thank you. Sincerel 1 Ballew 1�, I J Ad Z�v ki lcwz'7� OL ry n r�v los y A f & nvk I welo A vr�e, q / I c 41j, q,o,zcity Of 0 19?9 cl, 47/ty J�Orho,%/, Ifel s 4904 CL 57/ SO4 crmn 9 �� 1 w ir ............... d Twig ja AMe, epoov / L ( Pewo� J�.,: I . VA, 17 lit. At It ........... N w id r p p w modt54 Vail A3 1j, - m oo Io Pf O�r to L, AJ 0 Pao p Ds CC I 0 I AJ VA f 0 1 �ks; IN, I FOR VARIANCE BY EDMONDS BOARD OF ADJUSTMENT All interested persons are hereby notified that Wednesday, the 15th day of 19 79 has been set as the date for hearing petition filed by Kenneth Olsen for a variance to build accessory structure exceeding 1,000 square feet. at 536 Pine Street s a i d p rop e rty being zoned RS-6 n -A ck Said hearing will be at� 7:30 P.M. i n the Council Chambers of the Civic Center, Edmonds, Washington before 'the Board of Adjustme nt and all interested persons are. invited to appear. IRENE VARNEY MORAN City Clerk, City of Edmonds FILE NO:. 'V-57-79 PUBLISH: 7-30-79. STATE OF WASHINGTON, COUNTY OF SNOHOMISH, 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 f 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 ................... N OTI CE OF HEAR ING . ....... ..... ..... .......... ....... .................................................................................................................................... ........ . ................. .......................................................................................................... a printed copy of wl-dch 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 JULY 30, 1979 ............... e .......................................................................................... I .............................. .............................................................................................. ............................ . ......... scribers and that said newspaper was regularly distributed to its sub during all of said period. .......................................................................................... .. ........... Piy�4�ZU��i 31st Subscribed and sworn to before me this .......... ........ 19 79 dayof ....... ................................ . .. ............... ... . .......... ........... . ............ .................. ............... ... .. ........... tary Public in *and for the State ot Washing' ton, es ding at Everett, Snohomish Cuvnty. F I LE NO. V-57-79 APPLICANT Kenneth H. Olsen Notary Public In and for the State of - Washington residing a "I ......... . . I , M�A ,NOTICE. OF PUBLI H EARING NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A d. PUBLIC HEARING WILL BE HELD BY THE .............................. tm 4T t AN APPLICATION HAVING BEEN FILED FOR.VO-00.�LA4 ... tjo .... bu a ...... .w ................................ .......... ................................................. ........... ............... PRO_ PERTY DESCRIOTION OR ADDRES&.. ........................ ................................ ......... ... ........................... ........... ............................. ZONE CLASSIFICATION:. - .................. TIME & DATE OF HEA tie RING. T1 DA E y THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC CENTER, 250 - 5th AVENUE NORTH. 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 DIVISION (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 JIME AND PLACE. awe F I L E N 0.. PUBLISHED.. THIS POSTER MAY BE REMOVED AFTER, R,-Isn= Tha rn 111vvCA I inumation, destruction, or concealment of this notice prior to the date of the hearing is a misdemeanor punishable A K A I A I . - - by f Ine and imprisonment. FILE NO.- V-57-79 N,OTICE UA'�'F PUBLIC HEARING NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A PUBLIC HEARING WILL BE HELD BY THE .................................. .... of...Adgaskent..� ...... .. AN APPLICATION HAVING BEEN FILED FOR ... to. .... OL40 05SQ L %4��tra .a4!ft r ................................... .................................................................................... PROPERTY DESCRIOTION OR ADDRESS:.. —Gs !�;trazf .............. I ...... ............ ........................................................ .................... ..":..ZONE CLASS I FICATI ON: ... R6.4 ....... ............... ............. A@ A TIME & DATE OF H EARING.1;.510 T D DAY ATE, THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS'CIVIC CENTER, 250 - 5th AVENUE NORTH. 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 DIVISION (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. ...... PUBLISHE FILE NO...V�504 D THIS POSTER MAY BE REMOVED AFTrR NMI% "A OKO�'N I N V"Jk 10 The removal, mutilation, destruction, or concealment of this notice prior to the date of the hearing Is a misdemeanor punishable by fine and imprisonment. lyt HARVE H. HARRISON CITY OF EDIVIONDS MAYOR CIVIC CENTER 9 EDMONDe, WASHINGTON 98M (206) 775-2525 COMMUNITY DEVELOPMENT DEPARTMENT August 21,, 1979 CERTIFIED MAIL Mr. Kenneth Olson 536 Pine -Street Edmonds, iqA 98020 SUBJECT VARIANCE APPLICATION V-54-79 Dear Mr. Olson: is the staff -review and recommendation prepared The 2 for the August 15, 1979 Bo..ard of,Adjustment Meeting Board did not hear your propos al at that meeting because the.person you.had-aske.d.to attend fel t he c6uld,not The Bo ard continued your item adequately represent vou. September 19 1979 (7:30 p. m. so that to the meeting of you cou Id be Dresent. Because'several of your neighbors were presen t on Augus t 1.5 proposal, the Board decided t o notify you to protest your that the item will not be con tinued again. if you do not appear, the Board will either procee d wi th the hearing or Gm withdraw the item fr the agenda. Please contact me if you have an y questions,about this matter. Very truly yours, RICHARD PEARSON' Assistant,City Planner RP/le attachment - al only three lots probably ever would use it. A Mr. Cochran said he lives on the corner of the entrance to the road and he would prefer an 181 road instead of 261 as 26' would make it a thoroughfare. He said this road is a deathtrap where it hits 184th. Mr. Berry said the ravine crosses the right-of-way at about a 380 angle and they would have to snake around it. He said the Fire De artment wanted the road, not the property owners. The public portion of the hearing was then closed. Mrs. Medina said she would be in favor of the proposal if it met Engineering Division requirements. MR. LERAAS MOVED, StCONDED BY MRS. MEDINA, TO APPROVE V-56-79, AND THAT A TURNAROUND SATISFACTORY TO THE ENGINEERING DIVISION BE PROVIDED; APPROVAL GIVEN BECAUSE OF THE PHYSICAL CONDITIONS OF THE AREA AND BECAUSE THE NEIGH- BORHOOD WOULD BENEFIT FROM ITS BEING IS' WIDE RATHER THAN THE STANDARD 28'. MOTION CARRIED. V-57-79 KENNETH OLSEN - Variance to exceed square footage for accessory structure at W6 M—e-Kt.' (RS-6) Mr. Pearson said this application was to allow more than 1,000 sq. ft. of accessory building area on one lot. The applicant has a garage and proposed constructing a carport of about the same size. The applicant wished to protect his antique car collection, which principally consists of abandoned rs complaining cars of 1950's vintage. Two neighbors had written lette )perty. Mr. Pearson recommended denial about the appearance of the prc because there were no special conditions to warrant the variance and the applicant appeared to be in violation of a police ordinance which precludes having abandoned cars on one's property; also, an unenclosed carport would not keep the vehicles out of sight. City Attorney John Wallace clarified premises they must that if vehicles are not operable and are stored on the g was opened. be completely out of sight. The public portion of the hearin, Paul Zede i of 2044 N. 78th St., Seattle, asked that this matter be continued. He said Mr. Olsen was out of town and had asked him to sit in on this hearing, but he had no idea that the situation was such as it was, and he did not feel he could serve as the applicant ' s representative. There was objection from people in the audience because they had sat through the rest of the meeting waiting for this hearing. The public portion of the hearing was then closed. -MR. HATZENBUHLER MOVED, SECONDED By MR. LERAAS THAT ' V� - 57-79 BE CONTINUED TO SEPTEMBER 19,.1979,AND IF THE APPLICANT'DOES NOT APPEAR IT WILL,BE DROPPED AND MUST BE RESUBMITTED; ALSO, IT IS TO BE HEARD EARLY ON THE AGENDA. Mr. Byrd felt that in the future a policy should be adopted that if an applicant does not appear the item will be dropped and the applicant must reapply. Mr. Pearson noted that such a policy may not be productive in those cases where the applicant does not really need.Ci.ty approval. THE MOTION THEN CARRIED. V-58-79 PER SANDSMARK - Variance from required length/width ratio and to allow more thian three h es on a private road at 21100 88th Pl. W. (RS-8) Mr. Pearson said a subdivision had been approved for this property, subject to the applicant's obtaining the two variances. He recommended approval because it was a minimum length/width variance, because there would be no additional traffic on the road, and because neither variance would be detrimental to the area. The public portion of the hearing was opened. Bob Stevenson of Reid, Middleton & Associates representing the applicant, said former Associate Planner Nancy Luster ha assigned the side yard. He said the actual length/width ratio could not be identified because it is a very unusual lot. One of the provisions of the subdivision was that there would be no further subdivision of this property. The easterly 25' of the property was the subject of a boundary line adjustment between the applicant and Bennett Box, so the lot is 251 wider than it used to be. Dr. Ed Cardiff of 21070 88th Pl. W. asked what the access to the lots would be as he wanted to see whether his ingress/egress would be affected. This was explained to his satisfaction. The public: portion of the hearing was then closed. Mr. Lerans commented that this appeared to be a reasonable request, considering the physical characteristics of the property. MRS. MEDINA MOVED, SECONDED BY MR. LERAAS, TO APPROVE V-58-79 WITH THE CONDITIONS THAT THE APPLICANT ACQUIRE THE 25- FROM BENNETT BOX AND THAT THE PROPERTY NOT BE SUBDIVIDED FURTHER. MOTION CARRIED. There was no further business to come before the Board, and the meeting was adjourned at 10:00 P.M. EDMONDS BOARD OF ADJUSTMENT Page 4 - August 15, 1979 6 ft 0. 0 z M c 0 > > _�e CD (1) cl) 9 'D 'D W 0. z W z —J. D ui W 0 'D 0 LL 'a b W cn (a cr 2 a) T 0 -0 -0 0 z Co., .0 W r ca -0 -a u- 0) a) ca 0) co 'D -0 -0 -0 a W U- - M �.8 :_ co ci- 16 cc W,;6 W co co -0 I,- z a) W im 0 01 E-0 ca a; >*0 > aj < — -0 cWUjcWWI._ '0 a Ali ow C) a) -t3 S-0 ILI 2,0 cis a to 0 "� U) EE�OEOEO cc r < . Ca lzz�.) Ir U.1 Q > :7-i 00 .a>.CD > G) 0 gn owowod. It cc a, cl� d 8 z a) > :3 73 N CL W C) E-c Q (3z 0 0 Fr 0 Ec 0 . a) 0 W 0 U.1 W Uj W C3 co 0 I.- ie 0 I-_ 3, b5 3: z a) cr '5 Ir co W Lu 0 0 00 0 W= W= U) Irco (ru) _j _J W Q U.1 cr _j < z W CD CC\ Z Fg- Q z U) 0 0 < W CC < oe c� J LO LO cb c%j CL ED PS Form 3811, Apr, 1977 RETURN, RECEtPT, REGISTERED, INSURED AND CERTIFIED MAIL I ' �e' 'Net- r-4 F_ RECEIPT FOR CERTIFIED MAIL SENT TO Kenneth Olson STREET AND NO. P.O., STATE AND ZIP CODE (plus pql RETURN 1. bnows to wn0m ano alto aeliverea ............ 150 With delivery to addressee only ............ 650 RECEIPT 2. Shows to whom, date and where delivered .. 35f SERVICES With delivery to addressee only ............ 85# 0 DELIVER TO ADDRESSEE ONLY ...................................................... 5 Od SPECIAL DELIVERY (extra fee requirecl) .................................... Z PS Form NO INSURANCE COVERAGE PROVIDED— (See other sicl Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL GPO : 1972 0 - 460-T I L CITY OF EDMONDS., CIVIC CGNTGR 9 GDMONDS, WASHINGTON 98020 * (206) 775-2525 . COMMUNITY Dr=VGLOPMSNT DePARTMP-NT I HARVE H. 14ARRISON MAYOR PLANNING DIVISION I 41 -.1 a CM 0 Oil IW� ORD114ANCE NO. 2076 AN ORDINANCE OF THE CITY Or, EDMONDS, WAS HINGTON, REGULATING ABANDONED AND JUNKED MOTOR VEHICLES AND AMENDING SECTIONS 8.02.020 AND 8.02.030 EDMONDS CITY CODE OF THE ----------- WHEREAS, the follow ing amendments are in the bes. t interest of the Public health, safety and general welfa� re, now, therefore, T;� THE' CITY COUNCIL 0 F�THE CITY OF EDMONDS�' WASHIN PTON Z), DO ORDAIN AS'FOLLOWS: Section A new Chapter 8.50*i s hereby added to !T_ the Edmonds City Code to be entitled Abandone d and Junked 4 Motor -Vehicle*s and to read as follows:, 8.50.010 DEFINITIONS. For the purposes of this cha ter ..LQ.L-LOwing words' -gh-all have the following meanings: P the. A. "AbandoDed vehicle" means any vehicle or automobile hulk left within the right Of way of any highway or.on the property Of another -without consent of the own er such property for a period Of twenty-four hours or longer; Provided, of that a vehicle or hulk shall not be considered abandoned if it is period' lawfully Parked for a not exceeding seventy-two hours; Provid ed further, that a vehicle or hulk shall not be considered -abandoned if its owner Or operator is unable to remove the place where it i* it from s 10cated and so notifies law enforcement Officials and requests assistance. B. ."Abandoned junk motor vehicle" mean's any motor vehicle substantially meeting the following I.J requirements: ;l 1 Left on private property for more than 24 hours without the I . - permission of tile person having right to the possession of the property, or on a public street or other Property open to the public for purposes.of vehicul,1 r or within tile travel or parking, or upon right of wa y of any road or highway for.twentY-four hours or longer; 2. Three years old, or older; L;Xtell.SiVely damaged, such damage*, including but not "m't0d to any of t1le fo llowing: or windshield, missing.. wheels, a broken Window transmission; tires, motor or 4. Apparently inop erable; 5. Without a valid, current registration Plate; 6. Having a fair market value equivalent to therein, only. the - scrap C. "Automobile hulk" means any Por tion or p Ortions Of a motor vehicle which is inopera mechanically operative Wi tive and cannot be made thout additional vital Parts and a substantial amount Of labor. D. "bepartment" shall mean the Washin Of Licensing. gton-Sta'te Depa,)rtme nt, "Ijirector" shall mean the Director' Of th Lice e D nsing or his designee.. epartment of "Police chief shall mean the Edmonds p his designee. olic e Chi� e 8.50..020 AUTHORITY TO IMpOU ND VEHICLES ON - - ------------ �— L:7: ----- v-:!' 1, �LL k - L t �� T H � ��I 11 G �11 Members Of th' and e Police depart .:impound ment are authorized to remov e vehicles found on the highway by means o or otherwise to the nearest or t f ng, 0. -arage or other towi O.a garage designated Place of r maintained by the Police Or otherwise maintained by the city, Safety c depart - following circumstan es: under any Of th e. A. When any vehicle is left unattended -upon any br viaductf or causeway, or in any tunnel where su idge,, s an Obstruction to traffic; vehicle constitute ch B. When any vehicle upon a bridges or approa higI'1waYr includi an obstruction to ches ing tunnels, r Is so disabled.as traffic or when the - extent as to be unable t - are incapacitated to such'an in charge of the vehicle to Constitute .person or Persons removal and ther(� :0 provide for its custody or properly act as is no other Person present who may, his vehicle. agent for such operator in the care of C When any vehi*cle is left: is so parked illegally asunattended upon a highway and to constitute a hazard or -2- kv, V obstruction to the normal movement of traffic. D. When any vehicle operating on'a highway is found . to be defective in equipment in such'manner' that it may �e considered unsafe. E. When any vehicle is found in a tow -away zone. Wherr the operator of any vehicle is arrested and placed in custody and is not in condition to drive and the- v-iicle is not in place of safety and there is no oth'er 1_� rson present who may properly act as agent for such operator to drive the vehicle to a place of safety. G. Any abandoned vehicle or abandoned junk motor vehicle� found on a highway. 8.50.030 NOTICES TO OWNERS RED. A.. Whenever an officer removes and impo'unds a vehicle from a I . Aghway as authorized in Section 8.50.020 h- as soon as prac.ticable give or cause notice to be given. in writing to.the owner of such vehicle, if any record exists of the registered or legal V, owner in the records': of the authority last licensing such vehicle, of the fact of such removal and the reasons therefor and of the place to which -vehicle jo, such has been removed. In the event any such -vehicle is stored in J:V a public garage a copy -of such notice bhall.be given to the proprietor.': of such garage. B. Whenever an officer does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as set forth above, in and the event the vehicle is not returned to the owner within a period of three days, the officer shall imm ediately send or cause to be sent -written ' repbrt of such removal by mail to the depart—'. ment and shall file a.cOPY of such notice �vith the proprietor of any garage in which the vehicle may be stored. Such notice shall include a complete descrip- ,tion of the vehicle, the date, time and place from w hich removed, the reasons for such removal, and the name of the garage or place Where tile vehicle is stored. .8-50.040 ABATEMENT AND R.EMOVAL OF AUTOMOBILE EB Ag =Dq N —Hi C BILE HYLKS AND/OR TE _gE:q--VE PROPERTY -- CONTEff;fS. A. The storage or retention of an automobile hulk and/or abandoned vehicle on private property is declared to constitute a public nuisance subject to removal and impoundment. The POliCE! sh.all inspect and invbstigate complaints relative to automobile hulks and/or abandoned vehicles, or parts thereof on private property. Upon discovery�of such nuisance, the police department shall give notice in writing to the last registered owner -of .record of the automobile hulk and/or abandoned vehicle and also to the property owner of record that a public hearing may be requested before the city council and that if no hearing is requested within ten days, the automo)1ile hulk and/or abandoned vehicle will be removed. Costs of removal may be assessed against the last registered owner of the automobile hulk and/or abandon(�,d vehicle if the identity of such owner can be determined, or the costs may be assessed against the owner of the property on which the automobile hulk and/or abandoned vehicle is;stored. "V" B. If a request for a hearing is recbived, -a notice giving the time, location 'and date of such hearing on the question of removal and impoundment of the automobile 'A ehicle or part -thereof as a hulk and/or abandoned v public nuisance shall be mailed, by -certified or registered mail with a five-7day return receipt re- quested, to the owner of the land as shown on the last equalized assessment roll of the County Assessor and to- the last registered and legal owner o f record of the automobile I -iulk and/or abandoned vehicle unless the automobile hulk.and/or abandoned vehicle is in such condition that identification numbers are not available to determine ownership. C. This section shall not apply to: 1. An automobile hulk, or part thereof, which is com pletely enclosed within a building in a lawful manner where it is not visible from the highway or other public or private property, or 2. An automobile hulk, or part thereof, which is stored or parked in a lawful manner on.private property in connection with the business of a licensed dismantler or licensed vehicle dealer, fenced according to the provisions of RCW 46.80.130. D. The owner of the land on which the a utomobile hulk and/or abandoned vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny respo nsibility for the presence of the hulk and/or abandoned vehicle on the land, with his reasons for such denial. If it is determined at the hearing that the hulk and/or abandoned vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the city council shall not assess -4- costs of administration or removal of the hulk and/or abandoned vehicle against the property upon which the hulk is located or otherwise attempt to collect such cost from the property owner. E After notice has been given of the intent of the city. to dispose of the automobile hulk and/or abandoned vehicle and after a hearing, if requested, has been held, the automobile or part thereof,, shall be removed, at the request of a police officer, and disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State patrol and the department that the vehicle has been wrecked. F. The city shall within thirt days after removal of an y automobile hulk and/or abandoned vehicle from private property file for record with the county auditor to claim a lien for the cost of.removal, which shall be in substance in accordance with the provis.�ons covering mechanics' liens in chapter 60.04 RCW., and said lien shall be foreclosed in the same manner as such liens. 8.50.050 DISPOSITION OF ABANDONED JUNK MOTOR VEHICLES. A. Notwithstanding any other provision of law, the chief of police on his own volition, or upon request from a private person having the right to possession of pro" perty upon which an abandoned junk motor vehicle has horize -the disposal been left, shall inspect and may aut 1 of -an abandoned junk motor vehicle. The chief of police shall record the make of such vehicle, the serial number'or vehicle -identification number if available, and.shall also detail the damaged or missing equipment to verify that the value of such abandoned junk vehicle is equivalent to the value of the scrap metal therein, only. He shall prepare in duplicate for each such abandoned junk.motor vehicle an authorization to dispose o.n a fo'rm provided by the department.. He shall issue the original. copy of such authorization to dispose to any licensed hulk hauler, motor vehicle wrecker, or scrap processor for the purpose of acquiring an abandoned junk motor vehicle, Provided, that such acquisition is for the purpose of ultimate transfer to and demolition by a licensed scrap processor. B., Any monies arising from the disposal of abandoned junk motor vehicles shall be deposited in the city's general fund. 8.50.060 STOLEN AND ABANDONED VEIIICLES--REPORTS OF NOTICE --nTRPnRT1VTnM_ I A. It shall be the duty of the chief of police to report immediately to the chief! of the Washington State Patrol all motor vehicles reported to 1�im as stolen or recovered, upon forms to be prOvided by the chie .ington State Patrol. f of the.Wash- B. In the event that ally t Motor. veh" has been recovered Icle reported as' stolen -be guilthe Person so reporting the same as stolen shall y report the re Of a Misdemeanor -unless he shall uch motor vehicle of po whom s cOverY thereof to the chief lice to C. was reported stolen. shall be the duty of to the chief of the Wasil the chief ington Sta Of Olice to re* port or automobile hulks Patrol all P te any other Place and found abandoned on vehicles a law enforc the same shall at a highway or at, ement Off the direction of ,,,r. n the' a registered dispos( Icer, be Placed custody of 8.50.070 0 WNER op RECoR ABANDONE D PRESU D- -EXCEPT I MED LIABLE FOR COS WHEN VEHI A. The abandonMent!of ally vehicle or automobile constitute a Prima facie pre hulk shall Owner of re cord is res sumPtion that the thus liable for last ponsible for such abandon any cost' ment and and disposing s incurred in removing;, st Of any abandoned vehicle. 6ri.ng B. A registered owner transferring -a vehicle shall relieved.from Personal 1 be withi' iability under this chap 11 five days,of the transfer ter if department a sel he trans lerls� report of 0 the scribed by the director. mits t sale on a form pre- R EQUI�RED _TO P�AYC�HARG�Ez: S L �-IEI N 8-50.0-8-0 OWNER OR AGENT REQUIRED TO PAY CHARGES A. Any costs 1 in - incurred in the removal and storage of an Impounded vehicle All, towing and sto shall be a lien upon the vehicle. I Ji�: rage charges on such vehicle im_ y Pounded shall be paid b the owner or his agent if the vehicle is'.redeerned. In the case of abandoned vehicl'' all es, costs of*removal and storage shall be,Paid by the owner or his agent -d, such costs not redeenio if the vehicle is redeemed, but if proceeds Of sale. shall be received'from the B. Either a registered Or y legal owner may claim an impounded vehicle b payment of all the time Of reclamation. charges that have accrued EO at the direction Of a law If the vehicle was impounded enforcement agenc , the Person in'pOgsession of tj y 0 f r 'c' T 1-:".LCje prior amation shall notify such agency of to the time that the vehicle has bec!ll 1 d' the fact 8*50.ogo c aim. , and by whom. IMPOUNDI G NOT To PRElVENT PROSECUTION. The impounding Of a ve �hicle ';hall not preclude charging the violator with such v(-.hi' ally V'Olat'oll Of the law on ac Ole was impounded. Count Of which 8.50.100 CONTRACT WITH -1ULKS CO1,1p TO DISpOS ,ICLES AND _qISTERED -DISPLOS REQU —r. E bF A. The city May contract -h Wit any tow truck operator who Is engaged in removing and , storing Of ment for the Purpose Of disposi sPoser by the depart_ is r'egistered as a registered di Vehicles and who hulks abandonded junk m 119 Of certain aut vehicles. OtOr vehicles Omobile and abandonded -T Any registered disposer under contract t the removing and storing Of vehic 0 the city for comply with the administrative les or hulks shall the handling and disposi regulations relat be promulgated by the Pon? of vehicle' Ive to lice chief or s ' Or hulks as may 8.50.110 ..the director. UNLAWFUL 0 ABANDON JUNKED MOT. OR VEHICLE. 'No person shall wij _ful Gil vehicle on- 1Y leave an abandoned junk motor Private pro Perty for more th without.the Permission n seventy-two hours POssessIon of the prop Of the Person haa ving th way of any.highway or erty' or upon or e right to within the right Other property Open to the Publi of Purposes Of vehicular travel or pa c for hours or longe rking for fo r withou rtY-eight of the t notification to the chief of reasons for leaving I?Olice� place. the motor vehicle in For the Purposes Of thi such a Motor vehicle I"as been Is section, the fact that a so left without Perm fication is prima facie evidence of ission Or noti- abandonment. convicted of abandoning Any Person any costs a junk motor vehicle T incurred by the city in dispos, shall be assessed junk motor vehicle les* Ing Of such abandoned such disposal. s any monies accrued to the city from 8 50 120 NDOiqING 17EHICLES UNLAWFUL. No Person shall leave or permit a vehicl e to re' highway or private property without the per' owner 10 main on any nger than twenty-four hours; provided. however, said vehicle may remain on the highway for a period Mission Of the seventy-two hours i f it is not to exceed lawfully parked. 8.50-200 PENALTIES. Any person viol'atin'g any pro�qsio 9 u'lty Of a misde n of thi Is chapter shall be Punished as meanor and, upon conviction thereof, be set forth in Section 5.45.020 of the Edmonds City Code. -7- 8.50-300 SEVERABILITY. If any section, subsection, clause or Phrase or word Of chapter'is for any -this. reason held to be invaldd or unconstitu- tional by a court Of competent juri'sdic' tion, such invali'dity or unconstitutionality shall not affect the validity or stitutionality of con- . the remaining portions of this chapter." Section 2. --------- Section 8.02.020 Of the Edmonds City Code is hereby'amended to read as follows: "8.02.020 SECTIONS NOT ADOPTED. The following sections of the MTO are not adopted by this reference and are expressly deleted: RCW 46.90-103 RCW 46-90.375 RCW 46.90-106 RCW 46.90.380 RCW 46.90.275 RCW 46.90.472 RCW 46.90.330 RCW 4'6.90.710 RCW 46.90.335 RCW.46.90.720 RCW 4G.90.340 RCW 46.90.730 RCW 46.90-345 RCW 46.90-740 RCW 4G.90.370 RCW 46.90.940" Sect - ion -2. 'Secti.on 8. 02.030 of'.the Edmonds cit 'Code::., y is hereby ame' nded to, read as follows "'8 .02-030 STATUTES NOT ADOPTED. The following Sect -ions in the RCW which w ere adopted by reference in the MTO are not adopted by this reference and are expressly deleted-: T: RCW 46.04.431 RCW 46.98 020 RCW 46.48.170 RC 46.98* W .030 RCW 4�.52.145 RCW 46.98.040 RCW 46.80.010 RCW 60.04.010 RCW 46.80.130 .22011 through -8- Section 4. This Ordinance will be in full force and effect five (5) days after passage and publication by posting as provided by law. a 57 PLANNER'S VARIANCE REVIEW FORM FILE V 71 APPLICANT: Kf-nn?-4A 01SO In ADDRESS: 573 (P ZONING: - VARIANCE REQUESTED: 19 W ZONING CODE REQUIREMENT: A A -J- lb OTHER PERTINENT FACTS: A7 La CtTA 4c, Vif. /�er VARIANCE CRITERIA Section 12.16-100 1. Does this amount to a rezone7 ns and/or circumstances not generally applicable to other 2.(a) Are there conditio lands in the same district? (b) Would strict enforcement of the zoning code deprive the property owner of rights commonly enjoyed by other properties in the same district? K-0 3. Do the special conditions result from the actions of the applicant? — Ala 3Rg r-i P4 4. Are there unnecessary hardships and practical difficulties in carrying out the provisions of the zoning code? y, or welfare 5. Will the granting of the variance be detrimental to the health, safet of property owners in the vicinity? 6. Is this the minimum variance that will make possible the reasonable use of land? ble with this 7. Will the granting of the variance generally be in harmony and compati zoning code?— No WWI- Vtt4itde S for^ c,%4 A 10 ws 74;, Planner's Variance Review 12/77 ot d ct4,, oft x e c,&,d t(A 44 Board of Ad ustment TRA14SMITTING: Minutes RE: V-57-79 AS YOU REQUESTED: FOR YOUR INFORMATION: XX AS WE DISCUSSED: FOR APPROVAL: FOR YOUR FILE: REVIEW AND C014MNT: COMMENT AND RETURN: MINUTES OF MEETING: September 19, 1979 REMARKS: PLANNING DIVISION V-) eo"111 BOARD OF ADJUSTMENT September 19, 1979 The regular meeting of the Edmonds Board of Adjustment was called to order by Acting Chairman Paul Roy at 7:30 p.m. in the Council Chambers of the Edmonds Civic Center. PRESENT ABSENT STAFF PRESENT Paul Roy Alice Stole Richard Pearson, Asst. City Planner Jack Byrd Bill Leraas Jim Adams, City Engineer Muryl Medina Wayne Tanaka, City Attorney Ann Derleth Jackie Parrett, Deputy City Clerk Harold Hatzenbuhler Chairman Roy welcomed the audience and explained the functions of the Board, the pro- cedure for handling of the hearings, and the method of appealing decisions of the Board. APPROVAL OF MINUTES Minutes of the August 15, 1970 meeting had been distributed. MR. BYRD MOVED, SECONDED BY MR. HATZENBUHLER, TO APPROVE THE MINUTES OF AUGUST 15, 1979. MOTION CARRIED. CONTINUED AGENDA V-50-79 JOHN CHRISTENSEN - Variance from required rear yard setback at 1592 9th Ave. N. (RS-T2T This item had been continued twice. The Staff had recommended approval. The last continuance was at the request of the neighbors in order to settle a question of a.lot line.. The public portion of the hearing was opened. The applicant said the survey had been redrawn during the past month and the boundary was approximately 6' ' from the carport, resulting in the need for a 18 1/2' variance. None of the previous opponents spoke. The public portion of the hearing was closed. Chairman Roy commented that the carport is existing and the desire was to enclose it to make a garage. He felt this would be beneficial to the neighborhood as it would tend to be less unsightly when enclosed. Mrs. Derleth noted that on the property to the south the house is some distance from the property line so open space exists. Therefore, she felt the application would not be detrimental to the neighborhood. Mr. Hatzenbuhler had no objection now that the specific variance amount was named. MRS. DERLETH MOVED, SECONDED BY MR. HATZENBUHLER, TO APPROVE V-50-79 ON THE BASIS THAT IT WOULD NOT BE DETRIMENTAL TO THE NEIGHBORHOOD, IT WAS A MINIMUM VARIANCE REQUEST, AND IT WOULD BE ENCLOSING AN AREA THAT ALREADY EXISTED AS A CARPORT. MOTION CARRIED. V-57-79 KENNETH OLSEN - Variance to exceed square footage for accessory structure at 536 PineTt.' (RS-6) This item had been -continued from the previous meeting because the applicant had been out of town. He wished to construct a carport to shelter a collection of old automobiles, and that would create more than the allowed 1,000 sq. ft. of accessory building area. No special conditions existed on the property to warrant the variance, other than the collection of old cars which could be moved. Mr. Pearson stated that strict enforcement of the Code would not deprive the applicant of rights enjoyed by others in the neighborhood, and to allow additional accessory structures would be detrimental. The variance was not needed to make reasonable use of the property. Mr. Pearson said there were 5-6 cars on the property which appeared to be inoperable, in violation of an ordinance requiring that they be stored within a building. He showed slides taken at the site which demonstrated the unsightliness of the inoperable cars, and he said if this were to be approved he would suggest that the carport be completely enclosed so as to be of some visual value and that there be no outside storage of car parts or inoperable EM vehicles. The public portion of the hearing was opened. The applicant said he wanted to get the nonrunning vehicles inside to work on them and to get the operable vehicles under cover. He said he planned to build a modesty wall on the south side and the existing shrubs and additional plantings would cover it. He noted that the lot next to his is zoned multiple, and he did not think that what he was proposing was contrary to the use of the area. He said he had 7-9 vehicles on the property, three of which he planned to dispose of as they were inoperable. Arne Olson of 527 Forsyth Lane submitted five photographs (marked Exhibits 1-5) which he had taken of the applicant's yard which reflected a number of old automobiles. Mr. Olson said he had spoken to the applicant once and asked whether he planned to keep the cars as they were and the applicant had said he planned to dispose of them someday. Mr. Olson said he had seen rats come out of one, and that was what bothered him. Mrs. Edna Gay of 542 Pine St., next - door to the applicant, said the applicant's lot is small and his garage is right on her property line and she had had problems with his running over her shrubs and using her driveway, until she blocked it. She asked to know exactly what his plans were. The applicant responded that he proposed a 30' x 24' carport on the side opposite her property, but she said it would be visible to her. Mary Doyle of 529 Forsyth Lane said she overlooks the subject'property from the back and it is very unsightly. She said she would not object if she thought this was going to improve, but the material the applicant planned to use for the construction had been lying there over a year and was in very poor condition and did not appear to be very attractive. The applicant said he believed what everybody was objecting to was what he was trying to'correct by the variance. The public portion of the hearing was then closed. Mrs. Derleth commented that someone with a home hobby of car rebuilding may be able to do it in an existing garage, but to add such a large structure onto it would really be pressing to the point of being a business or activity that requires property separate from the residential property. She said she would be inclined to oppose the variance because the operation was getting to a size not proper for RS-6 zoning. Chairman Roy also said it appeared that this operation was too large for a hobby, and even though this property is close to multiple zoning, the property itself was still RS-6- He felt the granting of the variance would allow too much land coverage and an operation too large for residential zoning. Mr. Byrd also felt the contemplated use and the size of the building were too intensive to comply with RS-6 zoning. MR. HATZENBUHLER MOVED, SECONDED BY MRS. DERLETH, TO DENY V-57-79 BECAUSE HE DID NOT THINK THE ACTIVITY WOULD BE HARMONIOUS WITH THE AREA.AND POSSIBLY WOULD BE INJURIOUS TO THE HEALTH AND WELFARE OF THOSE IN THE VICINITY. MOTION CARRIED. AGENDA V-54-79 ELEANOR LOOMIS - Variance from required side yard setback and from 51 utility easement at 652 3rd Ave. N. Mrs. Medina advised that she had participated in the subdivision of Giltner Lane in 1972, being the agent involved. Further, she said she had received telephone calls from both parties. She was advised by City Attorney Wayne Tanaka that she should not participate in this hearing. Mrs. Medina left the Council Chambers. Mr. Pearson said the requested 2.5' variance was needed in order to subdivide, but neighbors to the south have a house close to the proposed location of a road so they were objecting. He showed slides of the site and a site plan. The public portion of the hearing was then opened. Jurgen Sauerland of Lovell-Sauerland and Associates, Inc., was representing the applicant. He said he was formerly employed by Reid, Middleton & Associates and he had worked on subdivisions in this area where the same type of circumstances existed, and variances were granted. Bruce Jones, attorney representing Mr. and Mrs William Harpham of 625 Giltner Lane, stated their objections to this application. He said the applicant already had a 3.71 variance on the north setback; the applicant had avoided appropriate development of the property in 1972 when a loop street was goposed, and now the easement and variance would adversely impact new ouses to the south, all people in a neighborhood should be entitled to uniform bulk density requirements; and the variance would cause the applicant's property to devalue because of the house's closeness to the street created BOARD OF ADJUSTMENT Page 2 - September 19, 1979