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616 FIR ST (2).pdfFIE, DATE 7 . . . ..... CITY OF EDMONDS FEE HEARING EXAMINER RECT # Z.�r�?/ APPLICATION FOR VARIANCE APO'S HEARING DATE: /Z�Y_ APPLICANT A. R. Almer ADDRESS 616 Fir Stl4edt CITY & ZIP Edmonds, 98020 PHONE 775 2093 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Owner LOCATION OR ADDRESS OF PROPERTY Same LEGAL DESCRIPTION OF PROPERTY Yosts 1st Addition to Bdmonds plat of Blk 007-D-01 , with I lot #1 (Acct No. 6194-007-001-0106) VARIANCE REQUESTED: To enclose a carport into a garage. This building is an existing non -conforming unit. FOR OFFICE USE ONLY: USE ZONE: ZONINGORDINANCE REQUIREMENT: Release/Hold Harmless Agree ent The undersigned applicant, his heirs and assign s, 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 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 subjeict property for the purpose of inspection and posting attq�ndant p this application. ISY,anature of Applicarit, Owner or Representative Kenneth Hoover, Cascade Const. Co. Mr. & Mr. A.R. Almer RN 3. 4. 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 development of your property? Open Carport faces south and is subject to the elements of weather. Alley is unpaved and is a source of dirt and dust. It is impossible to.keep our carport of cars clean. We need a secure place for tools, toys, and cars. How does your property differ from other property in the same vicinity? This �property is the first 1,ot on the alley which,since 1982, makes it a corner lot. The lot in fact has a 7 ft. side yard, as, per code of 1972 whin the house was built to code. Many buildings on the alley have little or no setU`a—cR—. Will this variance be detrimental to the public or damaging to other property orimprovementsin the vicinity? No, we are not changing the use or size of the carport. What hardships will result to you if the variance is not granted7 Will these hardships have been caused by your own action? Lack of security storage for vehicles, tools, and toys. Lack of -orotection from the elements of weather pnd dirt and dust from the unpaved alley. Can you make reasonable use of your property without the variance?, Yes, but stiil would be subject to the items noted in item #4 Oil fill[ I fill! 'fill IIIIIIII: 31 fill! Hill 0-111riffile ,fill 11111111 311 IM11,11,11 pull 11 111 10111111 If!.", 1111111: 1111111111611111111: 111111111gi 111111.1 111111lit"111111111. 11111111101111111.1 11111111911 1111111 liiiiiiihillillilli:iiiiiiiiriiiiiiiiiI ill! 1:1111mil Will :111111115111111 Ifill -ESTOATE ELEMENTARY SCHOOL MAE twl-- v �iv-. IS 4V Fl� oil 11 7 4, qW, ADJACENT PROPERTY,OWNER'LIST PLEASE LIST ALL STREET ADDRESSES OF RESIDENTS OF PROPERTY:* WITHIN 80 FEET OF THE PROPERTY LINES OF THE SITE, LIST NAMES AND MAILING ADDRESSES OF OWNERS OF' TH-ESE,:SAMF,,, PROPERTIES, (THIS INFORMATION MAY BE OBTA I NED� FRPWTHE .COUNTY ASSESSOR S OFFICE. �IF A BANK IS LISTEDAS:�OWNER`., PLEASE INCLUDE,LOAN NUMBER NEXT TO. INDIVIDUAL S NAMEI):�,.`,:� 6th Avenue South 1061 Knowles, Esther A. 7?85?6? 1105 Hoffer, Murlin. ??8551T .1111. Morgan, Candice, 776� 3249 1121 Crandell, P.E. 7?6.334q-4 All Avenue 1114 Otness, Tim NIA 1120 Hawley, Tom (13812 48 Pl. W.) 743 5407 Fir,Street 612 Hoffer, M I. 778 5517 615 Betts, R.G. 7?8 3,47:2:: Sparks, Terrance 775.5865 6120 Soule, Larry hl, Ao� el - "A 4 16 2 FIR S T ESTHER A, KNOWLES EDMONDS WA 98020 6th 'AVig, S EDMONDS WA 98020 G BETTS 615 FIR,ST MURLIN HOFFER, 2 EDMONDS WA 980 0 1105 6th AVE S EDMONDS WA 9 8020 TERRAN CE SPARKS 619 FIR ST CANDICE MORGAN EDMONDS WA 98020 1111 6th AVE S EDMONDS WA 98020 LARRY,SOULE 620 FIR ST 'EDMONDS WA 98020 A R ALMER 616TIR ST :tbMONDS,WA 98020 P E CRANDELL 1121 6th.AVE S EDMONDS WA 98020 TIM OTNESS 1114 A AVE EDMONDS WA 98020 TOM HAWLEY 1120.A AVE EDMONDS WA 9 8020 ............. SUBJECT: VARIANCE TO ENCLOSE CARPORT INTO A GARAGE AT 616.FMST.ftAVc MAI I 41 1, :EXHIB.IT LIST FILE #V --23 84 Staff Report APPlication and Declarations 3) Plot Plah'and Floor Plan 4) Vicinity Map 5) Buil di n' 'Permit Plot.Plan,(,#720120) 9 ST I. REQUESTED ACT Variance to r close an exis II. APPLICANT/OW-N A. R..Almer 616 Fir St. Edmonds, WA 9 III. LEGAL DESCRIP See Exhibit 2 IV. STAFF FINDIN( A. Descripti The subje 6th Ave. property proximat( located Surroundi B. Official North West - C. Conforma 1. Speci Spec case unde Code Now, in I setb beco R, E X H I B I T-11 AFF REPORT TO THE HEARING EXAMINER FILE #V-23-84 HEARING DATE: OCTOBER 18, 1984 ION: educe the required 201 street setback to 71 to:en- ting carport at 616 Fir St. ER� 8020 TION: S AND CONCLUSIONS: on of Subject Property and Surrounding Area ct property is located mid -block on Fir St.,.betwben S. and "A" Ave. There is an open alley on the west line of the lot. The subject property contains ap- ly 7,308 square feet. There is an existing residence to within 7' of the west property line. ng development is all single-family residential. Street Map Proposed R/W Existing R/W Fir St. 60' 60' Alley 161 16' nce to Section 20.85.010 al Circumstances ial circumstances appear to exist in this particular The carport in question was constructed in 1972 r Building Permit #720120. At that time, theZoning recognized the west property line as a side setback. with the adoption of the Community Development Code 981, the west property line is considered a street ack under Section 21.90.130. This means the lot how mes a corner lot,..instead of an interior lot. ..... .. ... Staff Report to the Hearing Examiner Exhibit I/File #V-23-84 Page 2 2. Special Privilege No grant of special privilege would occur if thelvariance is allowed, as other properties along the subject alley,,. have even closer setbacks than the existing carport. 3. Comprehensive Plan The Comprehensive Policy Plan Map designates thesubject property as low -density residential. A The proposed variance does not appear to conflict with the goals and policies of the Comprehensive Plan. 4. Zoning Ordinance The subject property and surroundingarea are zon,ed�RS-6. The proposed variance does not appear to conflict with the purposes of the Zoning Ordinance found in Chapter 16.10 or with.the RS-6 zone district. 5. Not Detrimental The proposed variance�does not pose a significant impact on the public health, safety, or welfare, nor to nearby private property or improvements. 6. Minimum Variance The requested variance is the minimum necessary to allow reasonable use of the property to provide enclosed parking. V. STAFF RECOMMENDATION: The Applicant is caught in the unfortunate predicament of having a carport built under one zoning,code and having the code change on him. Other properties in,the immediate vicinity encroach even closer to the alley than the Applicant's carport. It is the recommendation of the Staff that V-23-84 be approved. DVB/tq 10/11/84 03� FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION FILE: V-23-84 OF A.R. ALMER FOR APPROVAL OF A VARIANCE DECISION: The variance is granted subject to the conditions listed. INTRODUCTION A.R. Almer, 616 Fir Street, Edmonds, Washington, 98020, and hereinafter referred to as Applicant, has requested approval of a variance to reduce the required 20-foot street setback to one of 7 feet for the purpose of enclosing an existing carport at 616 Fir Street, Edmonds, Washington, and more particularly described as: Yosts lst Addition to Edmonds plat of Blk 007-D-01J, with h lot #1 (Acct No. 6194-007-001-0106) Snohomish County, Washington. A hearing on the request was held before the Hearing Examiner of the City of Edmonds, Washington, on October 16, 1984. At the hearing the following presented testimony and evidence: Bruce Finke A.R. Almer Planning Dept. 616 Fir street City of Edmonds Edmonds, WA 98020 Edmonds, WA 98020 The following exhibits were submitted and admitted as part of the record: Exhibit 1 - Staff Report V, 2 - Application and Declarations 3 - Plot Plan and Floor Plan 4 - Vicinity Map 5 - Building Permit Plot Plan (#720120) After due consideration of the evidence presented by the Applicant; 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. up FINDINGS OF FACT The Applicant has requested a variance to reduce the required 20-foot street setback to one of 7 feet on property located at 616 Fir Street, Edmonds, Washington, and more particularly described as set forth above. The purpose of a variance is,to MOM ;0 Findings and Deci�I—on of the Hearing Examiner of the City of Edmonds Re: V-23-84 Page 2 .......... reduce the street setback in order to enclose an existing 7: carport. 2. There is an existing carport on the subject property. It is the Applicant's intent to enclose the carport and have garage doors on the new structure. 3. The subject property contains approximately 7,308 square feet. On site there is an existing residence that is located within 7 feet of the west property line. 4. The property is located on Fir Street immediately east of the alley in between 6th Avenue South and "A" Avenue. Because the alley is considered a street under the Edmond's code there is a 20-foot setback requirement from the alley. 5. In order for a variance to be granted within the city of Edmonds the criteria as set forth in Section 20.85.010 of the Edmonds Community Development Code (ECDC) must be met. These criteria are: a. Special circumstances relating to the property must exist necessitating the variance; b. The required variance must not result in a special privilege being granted to the Applicant; C. The variance must be consistent with the Comprehensive Policy Plan Map of the City of Edmonds; d. The variance must be consistent with the purposes of the zone district in which the property is located; e. The variance must not be significantly detrimental to the public health, safety or welfare, nor injurious to the property or improvements in the vicinity of the same zone; and, f. The variance must be the minimum necessary to allow the same rights enjoyed by other properties in the same zone. 6. The residence and the carport on the subject property were built in 1972. In 1972 the zoning code of the City of Edmonds treated the west property line that adjoins the alley between 6th Avenue South and "A" Avenue as a side setback. In 1981 the Community Development Code was adopted. The Community Development Code considers the alley as a street setback. Thus, the lot now becomes a corner lot that must meet the setbacks as set forth in the ECDC for corner lots. Accord- ingly, there is a 20-foot street setback requirement on the subject property. !"I jP, Findings and Dec- .on of the Hearing Examiner of the City of Edmonds Re: V-23-84 Page 3 7. No special privilege ill occur if this variance is wi granted. Other properties in the vicinity have smaller setbacks than,.,-. the existing carport. 8. The variance will not conflict with the goals and policies of the Comprehensive Plan. 9. The subject property and the surrounding properties are all zoned-RS-6. 10. The proposed variance will not impact the public health, safety or welfare, nor will it impact other properties or improvements in the area. With the enclosure of the carport, the property will benefit other properties because of the aesthetic and safety factors. 11. The Planning Department of the City of Edmonds recommended approval of the variance. In submitting their approval the Planning Department stated: The Applicant is caught in the unfortunate predicament of having a carport built under one zoning code and having the code change on him. other properties in the immediate vicinity encroach even closer to the alley than the Appli- cant's carport,. It is the recommendation of the Staff that V-23-84 be approved. 12. No adverse testimony was received at the public hearing. CONCLUSIONS 1. The application is for the approval of a variance for the reduction of the required 20 -foot street setback to 7 feet on property located at 616 Fir Street, Edmonds, Washington. The purpose of the variance request is to enclose an existing carport that is within 7 feet of the alley between 6th Avenue South and "A" Avenue in the City of Edmonds. 21. The subject property was Constructed in 1972 under a dif- ferent building code than the one that exists today. In 1972 the west property line that is the location of the p roposed variance, was considered a side setback and the carport was within the standards of the code. With the adoption of the ECDC the side setback became a street setback with a 20-foot minimum requirement. Thus, it appears that special circumstances exist for the granting of the variance. The special circumstances are that the carport was constructed under a different zoning code and the enclosure is proposed under the current code. The enclosure will not add additional intrusion into the set-, back and is reasonable. F Findings and Decision of the 74 Hearing Examiner of the City of Edmonds Re: V -23-84 Page 4 3. The granting of the variance will not be a special privilege to the Applicant. 4. The proposed variance request is consistent with the Compre- hensive Plan of the City of Edmonds. 5. The proposed variance does not conflict with the RS-6 zoning designation or other zoning ordinances within the area. 6. The requested variance is not detrimental to nearby private properties or improvements, nor to the public health, safety, or welfare. 7. The requested variance is the minimum necessary to allow. reasonable use of the subject property. 8. The Planning Department of the City of Edmonds has recommended approval of the variance. 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 be granted. The specific request; -.is for a reduction of the 20-foot street setback to a 7-foot setback for the purpose of enclosing an existing car- port at 616 Fir Street, Edmonds, Washington, and is granted subject to the following condition: 1. The Applicant is to secure all necessary permits prior to any construction. Entered this 5th day of November, 1984, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. �-,04 M al Vw-23�-84 FILE NO. A, R Al me r APPLICANT AFFIDAVIT OF POSTER STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Duane V. Bowman being first 'duly sworn, :on oath deposes i and says: That on the 8th day of October 1984 the attached:, 'i 'event Notice of Public Hearing was posted as prescribed by ordinance, and in: any fn the Frances Anderson Center and Civic Center, and where applicable on or''mear', the subject property. Signed Su bscribed and sworn to before me this 8th day of October R 19 84 N otary Public Tin f o 4�e State of Washington. Residing at THE HEARING EXAMINER —WILL HOLD A PUBLIC HEARING THURSDAY, OCTOBER 18, 1 84 ON THE FOLLOWING APPLICATION FILE NO. V-23-84- VARIANCE TO REDUCE THE REQUIRED 20' STREET SETBACK To 7' TO ENCLOSE AN EXISTING CARPORT, PROPERTY ADDRESS AND LOCATION 616 FIR STREET ZONE DISTRICT RS-6 THE HEARING WILL BEGIN AT 7:30 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 OF THE CONTINUED HEARING WILL BE ANNOUNCED ONLY AT THE MEETING. 1- ADDITIONAL INFORMATION MAY BE OBTAINED AT THE PLANNING DEPARTMENT, 250 FIFTH AVENUE NORTH, EDMONDS (PHONE 771-3202, EXTENSION 252). 1 THE REMOVAL, MUTILATION, DESTRUCTION, OR CONCEALMENT OF THIS NOTICE BEFORE THE DATE WARNING! OF THE HEARING IS A MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT.