7019 LAKE BALLINGER WAY (2).pdfEl
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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'
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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
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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
....................
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AN: APPLICATION HAVING BEEN, FILED FOR.
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PROPERTY DESCRIPTION ORADDRESS*
...........................
................. ........
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........... .............
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
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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
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lands in the same distr-;ct?'/VkUAQ OLt Q O-T-ku-4--) C/V)
10 Into
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(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
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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
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rACT SHEET— FILE
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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
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