604 9TH AVE N.pdfEXHIBIT 2
FIL"# V-
DATE q
C ITY OF EDMONDS FEE 00
HEARING EXAMINER RECT -7P5'7g
APPLICATION FOR VARIANCE APO'S
HEARING DATE:
APPLICANT Mrs. 46nnie Nierrill ADDRESS-604� 9t-h Ave N.
CITY & ZIP Fdmo o ncis 9RO2n PHONE- 774-in45
INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY owner
LOCATION OR ADDRESS OF PROPERTY 604 9th Av N., Edmonds
LEGAL DESCRIPTION OF PROPERTY- Puget Sound Mchy Depot 5 Ac Trs
Blk 000 D-06 W 100 ft of N 4 lot B less N 75 ft throf and less
SC=104695 to City of Edmonds
VARIANCE REQUESTED: Reduce set back for carport to be built on south side of
house from 25ftto 10-talong Glen street, a private access road way.
FOR OFFICE USE ONLY: USE ZONE:
ZONING ORDINANCE REQUIREMENT:
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
C:)
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 the subject prb-perty
for the purpose of inspection and posting ttendant to this pplication.
f'g5a.E-reof Applicant, Owner or
epresentative
0
DECLARATIONS 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
-"I Y?
development,.c5f your propert .
When 9th Av North was widened by the city the home owners set back along the,
West Droperty line was reduced from 26ft to approx. 8ft- It*is unsafe and
impossible to provide access to the property from 9th Av N for a caroort
structure. By the takinq of this easement the city has forced the owner to
seek Darking on the South Dronerty line. A concrete Darkinn strin has exis d
there for a ntimber of veRrs. The owner simnlv wands to cover 2 oortion of same.
2. How does your property differ from other property in the same
vicinity?
It does not. Several of the other nronerties boardering on the North of
7T—en--.9Tr—eet have Dortions of their structures well into the desionated
25 ft set hact<.
3. Will this variance be detrimental to the public or damaging to
other property or improvements in the vicinity?
Not at all.
4. What hardships will result to you if the variance is not granted?
Will these hardships have been caused by your own action?
An inabilitv to-nrovide covered Darkingi a natural requirement of reasonable
housinq. This hardshiD was agrivated by the city diminishinq the altenate!V
available land by widenino 9th Av N. not by the action of the owner.
5. Can you make reasonable use of your property without the variance?
The ProDerty utilisation will not change we are only askinq to be able to cover
the parkinq.
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EXHIBIT 4
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DONALD 8, SANDALLo D,D.S.
,�iuv 1987 651 EDMONDS WAY
ZDMONDSo WASHINGTON
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ADJACENT PROPERTY
OWNERS LIST
5489-000-008-0100
Hendrickson, Donald P. & Doreen
612 9th Av N.
Edmonds. WA 9BO20
r ,
Rober, Alta A�-."'- 5489-000-OOB-0506
923 Glen St
Edmonds, WA
5489-000-008-0803 and 0902
Greenwood Gary & Sharon
530 9th Av N.
Edmonds, WA 98020
242703-2-198-006
Continental Inc.
Ames Jeffrey M. 68623-H
8th Floor Pacific Bldq
647 9th Av N
Seattle, WA 98104
Edmonds,
WA 98020
242703-2-209-003
Peoples Mortqaqe Co.
Duke, Jesse L.
2411 4th Av / Box 1788
529 9th
Av N.
Seattle, WA. 98111
Edmonds,
WA 98020
242703-2-210-0000
Kasper, William
657 9th Av N
643 9th
Av N
Edmonds, WA 98020
Edmonds,
WA 98020
On my oath, I certify that the names and addresses provided represent
all properties located1within 80 feet of the subject property.
'1 '41 V — - - I 'R' restntative
'g"turle- of Applicant or(/Xpp1Jgant's ep
6,,Sl, na -
/7
Subscribed and s1woto before me thX -9thday of octobeT--, 19R7
e e'-e-
N tary Public in and for the State of Washington
Residing at Federal way
MY commissio;T--Expires January 28, 1989
0
Bonnie Merrill
604 9th Ave. N.
Edmonds, WA 98020
Jeffrey Ames/Resident
647 9th Ave. N.
Edmonds, WA 98020
William Kasper/Resident
657 9th Ave. N.
Edmonds, WA 98020
Donald & Doreen Hendrickson
612 9th Ave. N.
Edmonds, WA 98020
Gary & Sharon Greenwood
530 9th Ave. N.
Edmonds, WA 98020
Peoples Mortgage Co,
Duke, Jesse L.
2411 4th Ave./Box 1788
Seattle, WA 98020
William Kasper/Resident
643 9th Ave.!N.
Edmonds, WA 98020
01
Alta Rober/Resident
923 Glen St.
Edmonds, WA 98020
Continental Inc.
Ames, Jeffrey M. 68623H
8th Floor Pacific Bldg.
Seattle, WA 98104
Jesse Duke/Resident
529 9th Ave. N.
Edmonds, WA 98020
0
L.-I
City of Edmonds,
4 4
INTER -OFFICE CORRESPONDENCE
C
M.
Bobby M P W
Dan Smith/Jerry Hauth - Engineering
Duane Bowman /19,9 > D AT E 10/15/87
TO FROM -7
SUBJECT
V-30-87 VARIANCE TO REDUCE SET BACK FOR CARPORT ON SOUTH
SIDE FROM 25 FEET TO 10 FEET ALONG GLEN STREET
A PRIVATE ACCESS ROAD WAY.
HEARING DATE: NOVEMBER 19, 1987
PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN
NOVEMBER 11, 1987.
THANKS.
v D
OCT 15 1987
EDMONDS FIRE DEP—L-
q---, - L, -) q_-
TH
FILE NO
PJ k:,,l4IIIII .-.-WILL HOLD A PUBLIC HEARING
45 ftr TION:
19 0 r I ON THE FOLLOWING APPLICA
PROPERTY ADDRESS AND LOCATION - ------- AS
ZONE DISTRICT
6
THE HEARI'NG WILL BEGIN AT- 76 ftW?
a-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 OF THE 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
I CONCEALMENT OF THIS NOTICE BEFORE THE DATE
WARNING! OF THE HEARING IS A MISDEMEANOR PUNISHABLE
BY FINE AND IMPRISONMENT.
THIS N OTICE MAY BE REMOVED AFTER-, V�
(-ity
oir edmond.
OFFICE CORRESPONDENCE3
Gary M.
Fire M.
Bobby M.
PW
Dan.Smith/Jerry Hauth Engineering
Duane Bowman DATE 10/15/87
TO
FROM
SUBJECT
V-30-87
VARIANCE TO REDUCE SET BACK FOR CARPORT dN SOUTH
SIDE FROM 25 FEET TO 10 FEET ALONG GLEN STREET
A PRIVATE ACCESS ROAD WAY.
HEARING DATE: NOVEMBER 19, 1987
Q T 1987
PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN
ENGINEERING
NOVEMBER 11, 1987.
J41, J�0/
i
THANKS.
of Edmone 4;
C
:1N :TE:R:-:0�F F �IC E�C 0 �RR E �SP �ON D �EN C �E
Gary M. Fire M.
Bobb'y
Dan Smith/Jerry Hauth
Engineering Duane Bowman 10/15/87
DATE
TO
FROM
SUBJECT
V-30-87
VARIANCE TO REDUCE SET BACK FOR CARPORT ON SOUTH
SIDE FROM 25 FEET TO 10 FEET ALONG GLEN STREET
A PRIVATE ACCESS ROAD WAY.
HEARING DATE: NOVEMBER 19, 1987
PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN
NOVEMBER 11, 1987.
THANKS.
e
/cT A -Q(91>
A
_7
E .
FILE NO. V-30-87
APPLICANT Bonnie Merrill
AFFIDAVIT OF MAILING
STATE OF WASHINGTON
ss.
COUNTY OF SNOHOMISH
Diane Cunninaham being first duly.sworn, on oath
depose�, and says:
That on the 6th day Of November 19 87 the attached
Notice of Public Hearing was mailed as required to adjacent property owners,
the names of which were provided by the applicant.
Signed-&,,!��-
day of
Subscribed and sworn to before me this
19
C-
Notary Public in and for the
State of Washington.
R e s i d i n g a t
My COMMISSION EXPIRES 6-16-89.
FILE NO. V-30-87
APPLICANT Bonnie Merrill
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 November , I 9_B7 , the attached
Notice of*Public Hearing was posted as prescribed by Ordinance, and in any event,
in the France's Anderson Center and Civic Center, and where applicable on or near
the s6bject property.
Signed
Subscribed and sworn to before me this day of
19
Notary Public in and for the State of
Washington.
Residing at
MY COMMISSION EXPIRES 6-16689.
t
AM
THIS PACKET SENT TO THE
HEARING EXAMINER 11/12/87
EXHIBIT LIST
V-30-87
EXHIBIT 1 - STAFF REPORT
EXHIBIT 2 - APPLICATION/DECLARATIONS
EXHIBIT 3 - VICINITY MAP
EXHIBIT 4 - SITE PLAN
EXHIBIT 1
STAFF REPORT TO THE HEARING EXAMINER
FILE: V-30-87
HEARING DATE: November 19, 1987
I. REQUESTED ACTION:
Variance to reduce the required 25 foot street setback to 10 feet
to allow for the construction of a carport at 604 9th Ave. N.,
Edmonds.
II. APPLICANT/OWNER:
Bonnie Merrill
604 9th Ave. N.
Edmonds, WA 98020
III. LEGAL DESCRIPTION:
IV.
See Exhibit 2
STAFF FINDINGS AND CONCLUSIONS:
A. Description of the Subject Property and Surrounding Area
The subject property is located the northeast corner of 9th
Ave. N. and Glen Street . The subject property is developed
with a single family dwelling.
The applicant is seeking a variance to the required street
setback from Glen Street to allow for the construction of a
carport within 10 feet of the street.
Surrounding development is single family residential.
B. official Street Map Proposed R/W Existing R/W
South - Glen Street 25' 25'
West - 9th Ave. N. 60' 60'
C. Conformance to Chapter 20.85.010
1. Special Circumstances
The subject lot slopes moderately to the north. No
unique special circumstances appear to exist in this
particular case.
2. Special Privilege
I
Staff Report
V- 30-87
Page 2
The proposed variance for the carport does not appear
to represent a grant of special privilege. Other
structures are located within the street setback of
Glen Street.
3. Comprehensive Plan
The Comprehensive Policy Plan map designates the
subject property as Low Density Residential, as are the
adjacent residential properties.
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
properties, is zoned RS-12.
The proposed variance does not appear to conflict with
the purposes of the zoning ordinance or the RS-12 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. While sight distance
is somewhat impaired, Glen Street is not a busy
thoroughfare.
6. Minimum Variance
The requested variance does not appear to represent a
minimum variance request.
V. STAFF RECOMMENDATION:
The requested variance does not appear to pose any significant
harm to the public. However, in order to grant the variance, all
the review criteria of Chapter 20.85.010 must be met. The
Applicant has not demonstrated that these criteria have been
complied with. A more reasonable request would be to reduce the
street setback to 15 feet.
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-30-87 BONNIE MERRILL
VARIANCE TO REDUCE THE REQUIRED STREET SETBACK FROM GLEN
STREET FROM 25' TO 10' FOR PROPOSED CARPORT AT 604 9TH
AVE. N., EDMONDS.
NAME ADDRESS
(Include city and zip code)
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CITY OF EDIVIONDS
250 5th AVE. N. 9 EDMONDS, WASHINGTON 98020 9 (206) 771-3202
HEARING EXAMINER
FINDINGS AND DECISION
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
LARRY S. NALIGHTEN
MAYOR
jy��c ,
40ec 4, 't vtb
(919
P4V,4 '9?
Y"Ve
IN THE MATTER OF THE APPLICATION FILE: V-30-87
OF BONNIE MERRILL FOR APPROVAL
OF A VARIANCE
DECISION: The variance is granted subject to the
conditions listed.
INTRODUCTION
Bonnie Merrill, 604 - 9th Avenue North, Edmonds, Washington,
98020, (hereinafter referred to as Applicant) has requested a
variance to reduce the required 25-foot street setback to a
10-foot setback in order to allow for the construction of a
carport at 604 - 9th Avenue North, Edmonds, Washington.
A hearing on the request was held before the Hearing Examiner of
the City of Edmonds, Washington, on November 19, 1987.
At the hearing the following presented testimony and evidence:
Duane Bowman
Planning Dept.
City of Edmonds
Edmonds, WA 98020
Larry Woodin
1111 So. Atlantic
#203
Seattle, WA 98134
Bonnie Dixon
530 9th Ave. No.
Edmonds, WA 98020
At the hearing the following exhibits were submitted and admitted
as part of the official record of this proceeding:
1 - Staff Report
2 - Application/Declarations
13 - Vicinity Map
4 - Site Plan
5 - Sandell Letter
After due consideration of the evidence presented by the Appli-
cant, and evidence elicited during the public hearing the
following Findings of Fact and Conclusions constitute the basis
of the decision of the Hearing Examiner.
December 4, 1987
Page 1 INCORPORATED AUGUST 11. 1890
HEARING EXAMINER'S DECIL-ON
RE: V-30-87
FINDINGS OF FACT
1. The Applicant has requested approval of a variance for a
reduction of the required street setback on property located
at 604 - 9th Avenue Northr Edmondsr Washington. The
requested variance is for a reduction of the 25-foot setback
to a 10-foot setback in order to allow for the construction
of a carport on the subject property. (Bowman testimony and
Staff report.)
2. The property is located on the northeast corner of 9th
Avenue North and Glen Street. It is developed with a
single-family dwelling. The Applicant uses Glen Street as
the access to the residence. Parking exists for the
Applicant on Glen Street. In additionr there is a concrete
parking strip driveway located on the subject property. It
is the intent of the Applicant to upgrade the driveway with
a carport. It is for this carport that the variance is
sought. (Woodin testimony.)
3. The subject property is zoned RS-12. The Edmonds Community
Development Code (ECDC) 16.20.030 establishes minimum street
setbacks for RS-12 zones as 25 feet. The Applicant seeks a
variance from this standard for a reduction to a 10-foot
street setback. (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 significantly detrimental to the public health,
safety and welfare or injurious to the property or
improvements in the vicinity and same zone.
December 4, 1987
Page 2
HEARING EXAMINER'S' JECIf. )N
RE: V-30-87
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 subject property slopes moderately to the north. It is
on the corner of 9th Avenue North and Glen Street. In the
near future it is the intent of the City of Edmonds to
eliminate current off-street parking on 9th Avenue North.
Thus, parking availability for the Applicant will be reduced
because of the city's actions. (Bowman testimony.)
6. It is the intent of the Applicant to provide a two -car
carport over an existing driveway. The carport as proposed
would be 25 feet in depth and would be adequate to park the
Applicant's vehicles, one of which is 18 feet in length.
(Woodin testimony.)
7. The Applicant submitted that approximately 10 years ago
9th Avenue North was widened and as a result their property
was 11squeezed.11 The Applicant is thus limited in the areas
where she may park her vehicles off street. (Woodin
testimony.)
8. Other structures in the vicinity of the subject property are
located within the street setbacks. (Staff report.)
9. The Comprehensive Policy Plan Map designates the subject
property as Low Density Residential. The same designation
exists for the adjacent property. (Staff report.)
10. The adjacent properties to the subject property are also
zoned RS-12. (Staff report.)
11. The Planning Department submitted that the requested
variance does not appear to pose a significant impact to the
public, nor to nearby private properties or improvements.
The city's representative submitted that the carport will
not have an impact because Glen Street is not a busy
thoroughfare. (Bowman testimony.)
12. The Planning Department made no specific recommendation.
They submitted that the requested variance does not appear
to pose any significant harm to the public, but that it was
the department's opinion that the criteria of ECDC 20.85.010
have not been satisfied. (Staff report and Bowman
testimony.)
13. A property owner (Dixon) testified to be the owner of
property across the street from the Applicant's property.
She had no objection to the carport, but desired to have
the hedge on the subject property trimmed in order to
prevent an impression of extreme bulk on the property.
December 4, 1987
Page 3
HEARING EXAMINER'& ECI.c )N
RE: v-30-87
14. No adverse testimony was received in this matter.
CONCLUSIONS
1. The application is for the approval of a variance for the
reduction of the 25-foot street setback to a 10-foot street
setback in order to allow the construction of a carport at
604 - 9th Avenue North, Edmonds, Washington.
2. In order for a variance to be granted in the City of Edmonds
the criteria of ECDC 20.85.010 must be satisfied. With
conditions these criteria are satisfied.
3. Because of the governmental action in the widening of 9th
Avenue North, and the eventual elimination of parking on
9th Avenue North, the Applicant is in a situation where
parking must be provided elsewhere. The off-street carport
is reasonable and will not impact other properties in the
area. special circumstances exist for the granting of the
variance.
4. The granting of the variance will not be the grant of a
special privilege. Other property owners in the area have
buildings that encroach within the street setback.
5. The granting of a variance will not be inconsistent with the
purposes of the RS-12 zone. it will provide a nonresiden-
tial use which will complement.and be compatible with the
single-family dwelling.
6. The requested variance will not be inconsistent with the
provisions of the Low Density Residential Comprehensive Plan
designation. it will not be an incompatible addition and
will harmonize with the existing structure on site. It will
be compatible with the provisions of ECDC 15.20.005.
7. With conditions the carport will not be detrimental to other
properties in the area.
8. The requested variance does not represent the minimum
variance request. A more appropriate variance request is
for a reduction of the 25-foot street setback to a 15-foot
street setback.
DECISION
Based upon the preceding Findings of Fact and Conclusions, and
the testimony and evidence submitted at the public hearing, it is
hereby ordered that the requested variance for a reduction of the
25-foot street setback at 604 - 9th Avenue North, Edmonds '
Washington, to allow construction of a carport is granted.
December 4, 1987
Page 4
k I
I ..
HEARING EXAMINER'S( &CIc," )N
RE: V-30-87
The variance (V-30-87) is granted subject to the following
conditions:
1. The street setback on the subject property shall be reduced
to a 15-foot street setback. The design of the carport
shall conform to this setback.
2. The Applicant shall secure all necessary permits prior to
the construction of the carport.
3. The hedge that exists on the subject shall be trimmed to a
six-foot hedge. The hedge shall be trimmed prior to any
construction being performed on the carport.
Entered this 4th day of December, 1987, pursuant to the authority
granted the Hearing Examiner under Chapter 20.100 of the Com-
munity Development Code of the City of Edmonds.
OrAM8S M. DRISCOLL
H99ring 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 Centerr Edmondsr 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 December 18, 1987.
December 4, 1987
Page 5
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