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7019 LAKE BALLINGER WAY (2).pdfEl ILVR I pWAP% I P I CITY OF_LD.MONDS F I L E # BOARD OF ADJUSTMEN DA T APPLICATION FOR VARIANCE F E E ! �42. REC'T HEARING DATE: CITY & ZIP CA n ADDRESS701 9 LK APPLICAN Indicate type or degree of interest in the property: Ct� Lo 13cic PHONE -7 PHONE ADDRESS,CITY & ZIP OWNER: S(i M e- LOCATION OF PROPERTY(ADDRESS) 15(AMe- IMAL DESCRIPTION OF PROPERY: USE ZONE ZONING ORDINANCE REQUIREMENT: EQUEST, IN ACCORDANCE WITH STANDARDS AND CRITERIA STATEMENT OF CONDITIONS AND REASONS.FOR R ATTACHED: Jill, .... . .. .. .. . 0 STATE OF WASHINGTON) SS. COUNTY OF SNOHOMISH Uan,16�,--a-�wner or o�f�Appl i cant, Owne On this date, before me, the undersigned, a Notary Public 'n ;and f the State of P who, being appeared 3 Washington, duly commissioned and sworn, personally u� a poses and says that �&)he has pr ppagre and foregoing duly sworn, on his/her 0 th del statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/*r free and voluntary act and deed for the purposes therein mentioned. 11�lday of 19q 5�. th Subscribed and sworn to before me : is residing atm a V.-04-k Notary Pu and for the State of Washington. M ALLEGATIONS OF APPLICANT POINT 1. -The following are the special circumstances which apply to my proper."iy. which deprive me of rights and privileges which are enjoyed by other properties in the vicinity under the identical zone classification. &)ane Acus Cv7 h/ ne� zz!dmoy?) nn /0122e' oew L eX4aasubn 45 Ah,9_ 0- Ore6L-- - r A0 V POINT 2. The variance I am requesting will not be detrimental to the public wel- fare or injurious to the properties or improvements in the vicinity of a zone in which my property is located because: POINT 3. If this variance is not granted, an unnecessary hardship will continue to the owner of this property, the cause of which is beyond his control because: ..Vn /I , POINT 4. So as not to grant a special privilege to me by the granting of this variance I submit the following conditions to be imposed so as not to cause in- consistencies with the limitations upon other properties in the vicinity and zone in which I am located. Record of Findings of Fact by_ Board of Adjustment The Boa rd of'Adjustment for the City of Edmonds finds in the case of )()Iq File No. request for variance at the following: 0 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/hAmo-P.," been met. 3. In addition thereto, 4. Thereforet the - request for variance is QsaAed/Granteds subject to the following spec . ial conditions: t and/or occupancy Mormit is not obtained. Section 12.16.110 ---- and if a building permi for the subject property within one year from the date of the Board's decision* the con-, ditional use permit or variance shall be automaticall U'll and void.---" y 6. Decision shall be'effective on: tuate) z4b DATED: Ch-ai man, DATA 0 T—of Adjustment Date of Application: 9-1-2 q -?R - Date of Hearing: Date of Publication:- Continuances: Date of Posting: CA Date of Appeal from Docision of the Board: I 8CL I JIF August 29,1978 TO: City of Edmonds Building Department IS. p I 6 21 A I . z 10 248 I ST. - ST S.W. 14 G O.V T. 1.�O'T 8 .13 storm 4L 0 B A WG'E R':�,! s H E� 'S'.. !42NC PL S M "T a 14 7 lov - 2 5 53 19 AC MP 20 3: Z-A 15 g7 17 11'94 22 16 3�hjkk cp rd- Im F, Xor D 4p a - t' CO 23 MO 16 5 4% 46 43.0 14 13 dr 24 17. 3 .4 5 6 7 fq 4 L �l 0I 1p �2-4 4 y TH 5 1 G N ST. ROUTE 104 AT I -OAS OF EhV F M^117 C*&Av% k-� L mm- aET ial NOTICE OF HEARING PETITION FOR VARIANCE - kON0TTTO=X4W*MyR BY EDMONDS BOARD OF ADJUSTMENT All interested persons are hereby notified that Wednesday, the 20th day of September 19—, has been set as the date for hearing petition filed by Kevin T. Duncan for a variance - vmvMtJvWxxjW>pejvft from required side yard setback Said hearing will be.at-7:30 P.M. in the Council Chambers of the Civic.Center, Edmonds, Washington b9fore the Board of Adjustment and all interested persons are invited to appear. IRENE VARNEY MORAN City Clerk, City of Edmonds V-64-78 FILE NO: PUBLISH: 9-4-78 I STATE OF WASHINGTON, COUNTY OF SNOHOMISH, B - 2 - I Affidavit of Pu61ication 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 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 ..................................... NOTICE OF HEARING ......................................................... .................................................... a printed copy of which 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: SEPT. 4, 1978 ..................................................................................................................................... ...................................................................................................................................... and that said newspaper was regularly distributed to its subscribers during all of said period. ....... ............. .......................................................................................... . I ....... ........... rincipal Clerk Subscribed and sworn to before me this .... 20i ............ day of ............. ..... .............. SEP.TaIBER ....... ....... ................ ............................. ..... ... .. ....... . .. . ]�Iotary Public in and for the State of Washington, residing at Everett, Snohomish County. FILE NO, V-64-78 NOTIC'�E OF PUBLIC HEARI i A. NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS IAT Tl� PUBLIC HEARING WILL BE HELD BY THE .................... tv AN: APPLICATION HAVING BEEN, FILED FOR. p* �N k- re 4. 1 i. d. . .. ....................... g................. .................... ............. PROPERTY DESCRIPTION ORADDRESS* ........................... ................. ........ ...................... ........... ............. K5 .......................... ZONE CLASSIFICATION:— TI M E &. DATE OF H E A R I N G. 1, OR P. TIME DAY DAI rE ",-'THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC'� V V.4 I i� CENTER, 5th AVENUE AND BELL STREET. ANY PERSON INTERESTED IN THIS. PROPOSAL MAY APPEAR IN SUPPORT OF OR IN OPPOSITION TO IT.- COMMENT c: CONCERNING THE APPLICATION MAY BE SUBMITTED PRIOR TO''OR AT-"THE�T"." M EETING, IN PERSON OR IN WRITING. ADDITIONAL INFORMATION MAY: -'BE 'i". OBTAINED AT THE PLANNING DEPARTMENT (PHONE 775-2525 EXT..-227). IN THE-,,��,�11j� EVENT THE AGENDA IS NOT COMPLETED ON THE ABOVE DATE, THE PUBLIC HEARING WILL BE CONTINUED TO THE NEXT REGULAR -MEETINGAT.THE:�SAMEg"I AND PLACE. 5,t y.� FIL E N 0. V I �.. ... PUBLISHED. The removal, mutilation, destruction,', or.:,,,k, NG concealment of this notice prior to the dat WA R 1 114 G411 of the hearing is a misdemeanor punishable',"I,!, by fine and imprisonment. .,."THIS POSTER MAY BE REM'"OV"ED AFTERA­,,�­ /I — PLANNER'S VARIANCE REVIEW FORM FILE APPLICANT: ke -r. 0- (1 Ai ck-� ADDRESS: 00 / 9 L L /2a (JJC4.cy ZONING: (2,s w - I VARIANCE REQUESTED: 'dtc g,, I CA' I d S-Elk& C L -- CA ZONING CODE REQUIREMENT: /0 Za/ e eB .4,0, OTHER PERTINENT FACTS: VARIANCE CRITERIA - Section 12.16.100 .1. Does this amount to.a rezone? -790 �4 2.(a) Are there conditions and/or c cumstances not gener�lly appli bl' to other -9-1 r lands in the same distr-;ct?'/VkUAQ OLt Q O-T-ku-4--) C/V) 10 Into V (b) Would strict enfoIrcement of the zoning code deprive the propt5ty owner of right, - commonly enjoyed by other properties in the tame district? U _to 0-0(rk- C/h -kKQ -A 0 3. Do the special con6itions.result from the actions of the applicant? U out the 4. Are there unnecessary hardships and practical difficult*es in carrying provisions of the zoning code? 5. Will the granting of the variance be of property owners in the vicinity?_ D-4j-r-�,-4 trimental /to the healtll,.safety or welfare M &M M-1.14 M WA FWVx "MOW M 7J/Will the granting 01 zoning code? UQ-.Q , ny and compatibl-e with this Planner's Variance Review 12/77 P"M - I 14W4 u 0 t LLI �j 6-1 Lij cz:c ------------- 4 eow�N to G%O I L 1 0 a) .............................. ov, rACT SHEET— FILE w I :, 4,1� , . � I I I a . . 8cc I/ September 19, 1978 V MEMO TO: Board of Adjustment Members FROM: Nancy Edgmon Luster Associate City Planner SUBJECT: RECOMMENDATIONS FOR BOARD OF ADJUSTMENT ITEMS OF SEPTEMBER 20, 1978 V-51-78 HAROLD HATZENBUHLER - Variance from street standards for width of access easement at 24103 77th Place West. (RS-8) RECOMMEND APPROVAL FOR THE FOLLOWING REASONS: 1. It is a minimum variance if the follo wing is met: a) Mr. . Hatzenbuhler will participate in the upgrading of his easement at'such time as the adjoining easement is improved. 2. it -will be possible at a later date to have on e roadway meeting all City standards instead of two substandard easements. i V-61-78 CREST CONST RUCTION CO. Variance from height in a BC zone for ornamentation at 424 5th AVen'uetSouth. (BC) NO RECOMMENDATION V-62-78 IAN & DONNA MILLER - Variance to use gravel in parking.area in lieu of blacktop at 653 Bell Street. (RMH) NO RECOMMEND - ATION V-63-78 EARL F. KA'ISER -.Variance from required side yard setback at 7616 234th Street S.W. (RS-8) RECOMMEND APPROVAL FOR THE FOLLOWING REASONS: 1. it will allow for the use of an existing exit/entrance from the house -to the deck. 2. it will not create -a problem with traffic or view obstruction. 3. it will not be extending any further into the setback than the existing house. KIEV.14J. �DUNCAN.- Variance f rom: requ.1 red ..s l.de yard setback at 7019 L6 ke Bal I I nger Way.:'(RSW'12)'*- RE COMMEND:APPROVAL�FOR,THE FOLLOWING REASONS: 1. it is a minimum variance -to allow for t he type of addition on this lot due to -the lot shape and the loca tion of the existing house. 2. it will not create a hazard to the publ Ic health, welfare, or safety because of the +ocatlon of the addit !on in re-lation to other structures. 3. it will allow for maximum use of th e lot and still preserve the view and general -tayout of the house. REMARKS: HARVF- H. HARRISON MAYOR PLANNING DIVISION Mr. Roy referred to the memo from Mr. Herzberg pointing out the features of using crushed limestone for the surfacing of drive- ways and parking areas. Mr. Hatzenbuhler stated that he viewed this as a person attempting to do something more appealing than putting in an asphalt jungle. A discussion of maintenance ensued. Mr. Hovde pointed out that asphalt also had to be maintained and that the City would definitely step in should there be a main- tenance situation that arises. MR. HATZENBUHLER MOVED TO APPROVE V-62-78 BECAUSE IT WOULD IMPROVE THE AREA AESTHETICALLY AND THAT IT WOULD NOT BE DETRIMENTAL TO THE HEALTH, SAFETY OR WELFARE OF THE SURROUNDING AREA. MR. HOVDE SECONDED THE MOTION. MOTION CARRIED. AGENDA v-63-78 EARL F. KAISER Variance from required side -yard setback at 7616 234th Street S.W. (RS-8) Mrs. Luster stated that this is a variance from the side yard set- back and that the zoning code requires 7�2' for side yard setbacks. She further stated that the applicant would like to extend the,ex- isting side porch, which is 4i' from the lot line, back into a deck, keeping it at the present 41-�' setback. The neighbors to the west submitted a letter indicating that they had no objection to this proposed plan. Mrs. Luster.stated that this construction would allow for the -use of an existing exit/entrance from the house to the deck and it would improve the home in the most reasonable manner. The staff feels that this is a minimum variance and one which would not be detrimental to the health, safety or welfare of the area. The public portion of the hearing was opened. Mrs. Dolores Kaiser of 505 Olympic Avenue stated that the home was very small and this- would be the only way they could build a deck onto the horne which would blend in with the surrounding homes in 'the area. The public portion of the hearing was closed. After discussing the possible alternate ways to add onto the house, the Board concludpd-that this was the most reasonable plan and one which would improve the appearance'of the home. MR. ROY MOVED TO APPROVE V-63-78 AS HE FOUND NOTHING COULD BE GAINED BY DENYING THE VARIANCE REQUEST, THAT IT WAS A REASONABLE IMPROVEMENT OF THE HOME AND THAT IT WOULD NOT BE DETRIMENTAL TO THE HEALTH, SAFETY OR WEL- FAR OF OTHERS IN THE VICINITY. MR. LERRAS SECONDED THE MOTION. - MOTION CARRIED. c at, KEVIN.T..-DUNCAN - Variance from requ . , y, I I 64 78, ard setba* k, W- ger. ay­� '(k 7019 Lake,Ball,i W S1 Mrs. Luster stated that this is a Variance request to change the east side yard setback from 10' to the minimum 8' on the north end of the lot and to allow a 6'7" setback on the south end of the lot. The property has a view of Lake Ballinger and the unusual pie shape of the lot makes this variance necessary. The applicant wishes to add a bedroom onto the house. This is a minimum variance because of the location of the existing house and because of the type of ad- dition the applicant wishes to create. The variance would not amount to a rezone and will not create a site obstruction. Mrs. Luster also stated that the proposed plan would allow maximum use of the property and allow the most reasonable layout of the home. The public portion of the hearing was opened. Mr. Kevin Duncan of 7019 Lk. Ballinger Way stated that this is a one - bedroom house and that he could not see any other feasible area Edmonds Board of Adjustment Page -4- September 20, 1978 V-65-78 where a bedroom could be added. Mr. Duncan presented letters from his neighbors stating that there would be no objection to this ad- dition. Mr. Ron Hettirgtonof 7011 Lake Ballinger Way stated that he was not consulted about this addition, that he had an option to the neighboring property and was concerned about the addition to the Duncan house. One of his major concerns regarded the placement of a fire hydrant as well as possible damage to two large trees in the immediate area. Mr. Hettington-questioned the distance from the existing shed to the property line and Mr. Duncan stated that he had measured this distance to be 10' from the property line. Mrs. Luster stated that the Fire Department had reviewed these plans and had no objection to the placement of the addition. Acting Chairman Mrs. Stole read the letters received from Mr. James Keeves and Mr. Willard Berkey, present neighbors of the Duncan family wherein they stated they had no objection to the addition. Mr. Hettington stated that the note from Mr. Berkey was written prior to his conversation with him and that Mr. Berkey had assumed that Mr. Hettington had already been contacted by Mr. Duncan. Mr. Hettington stated that he would like to see the hearing continued so that due consideration could be given to his comments regarding the proposed addition. Mrs. Derleth asked if they had considered making this addition a second story. Mrs. Luster said that she did not think this would be feasible because of the financial burden it would present. Mr. Hovde stated that the Building and Fire codes dictate precisely.what can be done and that the Board had to rely on the judgment of the Building Department and Fire Department when it came to additions of this nature. Mr. Hatzenbuhler asked Mr. Duncan if there would be a problem were the hearing to be continued. Mr. Duncan stated that he had already been waiting two months for approval and..,that he had applied for the financing and the loan was pending..*R'.-.'AOV.Dt'�` MOVED THAT Vm-64-78 BE,,APPROVED .,FQR:.THE FOLLO44ING H' AM ' tktMD' THE F I IF . THE"t ft ITERM', - StT:FbRf' -BY.1k:�CITT:BUILDING'. lf�D`OtS.NOT CREATE A ��,,HOME& JN,; THAT, PART ICU LAR, RESIDENTIAL AREA�ARE BEMMAG�:MORE AO�'MdRt' THE_ADDI TI ON', WOULD" DEFINI'T'EL'Y AMOROVCT'Hil T., ROPERTY. 'THE SECONDED.BY MR. HATZENBO*HLER. ..MOTION CARRIED. A ten-minute recess was called. CHRISTINE DURST - Variance from definition of rear, front and side yards at 7831 238th St. S.W._(RS-8) Mrs. Luster stated that this variance is a definition of the front, rear and side yards. The applicant wishes to change the.location of the front and rear yards, thus changing the location of the side yards. Mrs. Luster stated that this would allow for a building area of 30' x 150'and by changi ng the f ront and rear yards , you woul d be abl e to construct a house which would be approximately 55' x 125', thus making it a more reasonably shaped house. Mrs. Luster went on to say that the other homes in the area are one-story homes and by allowing the vari- .ance, it would be easier for the applicant to construct a home similar to those in the area. She stated that the applicant would provide for a 50' front yard setback which would allow any vehicles that would be parked on the side to be parked well out of the cul-de-sac. The applicant proposes to have a 61' rear yard setback which would provide adequate area from the neighboring property. Each of the side yard setbacks would be 7.1-�' which is the required side yard setback. Mrs. Luster stated that the staff recommends approval of this variance be- cause it would not be detrimental to the area and the site provides adequate buffered areas to all of the existing homes and it allows all vehicles to be parked outside of the cul-de-sac area, thus eliminating any traffic problems. The public portion of the hearing was opened. Edmonds Board of Adjustment Page -5- September 20, 1978 1000 FILE FOM FOR DECLARATION OF [9MMIMMNOINSIGNIFICANCE] Addition to' existing single-fami.ly dwellin Description of proposa 9 Proponent Kevin T. Duncan Locatim of P roposal 7019 Lake Ballinger Way Le ad �kgcjicy 'City,of Edmonds lhis proposal lias bbcii cletc-n-flincd to [)lXX-5o/hlot.havcl a sicy griAlicaiit'ard-' Verse inpa_t Ul-)011:ldlC ClIV.1170111,'Mit., An JHS �Wis not]. 17CClUkred �um cr� RC .030 (2) (6) .. 'Illis dccisioii wfts inidc aftcr ic d Tl 3 21C' view -by tic.' lea c1cle-lic o.k:,a complct'd miviromicntal che'cklist mad otlic'r inforiiia'tion on with. the lcad afrency. lZespollsible Off- i ci a I Nancy Edgmon Luster Positioll/'ritle Associate City Plann*e� October. 9, 1978 Date pa tur Si A t