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709 MAPLE ST (2).pdfWa <a -j U (-)0 Wa W w uN u. j -0LU 2 F � � a! H 2 z F— F— 0 WW �a v cn, a1-- U- 0 _z ui to 0 z MA (71 CITY OF EDMONDS BARBARA FAHEY MAYOR 250 5TH AVENUE NORTH - EDMONDS, WA 95020 - (206) 771-0220 - FAX (206) 771.0221 HEARING EXAMINER cst IS9 FINDINGS, CONCLUSIONS AND DECISION OF THE O HEARING EDMONDS �eiy�yjjS�4 CITY APPLICANT: Jeff Coats CASE NO.: V 96-85 LOCATION: 709 Maple Street APPLICATION: Application to reduce the required rear yard setback from 15-feet to 5-feet to allow the addition of a two car garage, entryway and expansion of the existing residence (see Exhibit A, Attachment 1). REVIEW PROCESS: Variance; Hearing Examiner conducts public hearing and makes final decision. MAJOR ISSUES: a. Compliance with Edmonds 'Community Development Code (ECDC) Section 16.20.030 (SINGLE FAMILY RESIDENTIAL - Site Development Standards). b. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.85 (VARIANCES). SUMMARY OF RECOMMENDATION AND DECISION: Staff Recommendation: Approve with conditions Hearing Examiner Decision: Approve with conditions PUBLIC HEARING: After reviewing the official file which included the Planning Division Staff Advisory Report; and after visiting the site, the Hearing Examiner conducted a public hearing on the application. The hearing on the Coats application was opened at 10:05 a.m., July 12, 1996, in the Community Services Conference Room, 250 5`s Avenue North, Edmonds, Washington, and closed at 10:13 a.m. Participants at the public hearing and the exhibits offered and entered are listed in this report. A verbatim recording of the hearing is available in the Planning Division. a Incorporated August 11, 1890 e Sister Cities International — Hekinan, Japan t 0 From the Applicant: Jeff Coats, Applicant, said his request for a variance only affects the rear setback which is not addressed in the Watson letter. He noted that the only issue raised by Mr. Watson is height and he said he has not requested a height variance. He felt his proposal protects both the stream on his property and Mr. Watson's view. He also noted that he only has one car, not a two car carport. He said two cars could fit in the carport, but also said that if two cars are in the carport, the car doors can't be opened. From the Community: No one from the general public spoke at the hearing. CORRESPONDENCE: John Watson, neighbor, submitted a letter voicing concern about the proposed setback variance. The letter expressed concerns about possible view impacts which may result from this proposal (Exhibit B). He said he needs the variance because he has a stream on his property. He submitted a photo which showed his house from the Watson property (Exhibit Q. FINDINGS OF FACT AND CONCLUSIONS A. SITE DESCRIPTION 1. Site Development And Zoning: a. Facts: 1) Size: The subject property is approximately 10,450 square feet in area (see Exhibit A, Attachment 4). 2) Zoning: The zoning of the subject property is Single -Family Residential (RS-6). 3) Terrain and Vegetation: The subject property slopes downward from the north property line to the south property line, with all open areas vegetated (see Exhibit A, Attachment 4 and 5). 2. Neighboring Development And Zoning: a. Facts: 1) North: Developed with detached single family residences, and zoned RS-6. Hearing Examiner Decision Case No. V 96-85 Page 3 j 2) South: Developed with detached single family residences, and zoned RS-6. IE = za 3) East: Developed with detached single family residences, and zoned RS- _ Uj 6 0 4) West: Developed with detached single family residences, and zoned N a RS-6. En I �;# b. Conclusion: The proposed development would be consistent with the (n o 1 surrounding zoning and development. B. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE LL D a 1. Compliance with RS-6 Zoning Standards = w `I F- z a. Facts: 2 F- �- 0 1) The fundamental site development standards in a RS-6 zone are set WUi forth in Chapter 16.20.030. 2) Minimum rear setback in the RS-6 zone is 15-feet. 0 — o t= R b. Conclusion: Except for the requested side setback variance, the applicant _ is proposing to build a structure which conforms to the RS-6 development u o' —Z standards for locating structures on a lot. _; 2. Compliance with requirement for a Variance ~ ECDC Chapter 20.15B.180.A, states an applicant may request a variance from z the standards of this Chapter pursuant to the procedures set forth in ECDC Chapter 20.85 (Variances). Chapter 20.85 of the ECDC sets forth the mechanism whereby a provision of the Code may be varied on a case -by -case basis if the application of the provision would result in an unusual and 1 unreasonable hardship (see Exhibit A, Attachment 2). ----- a. Facts: } 1) ECDC Section 20.85.010 establishes the decisional criteria with which a variance request must comply in order to be granted by the Hearing ® Examiner. These criteria include: a special circumstance must exist; no special privilege is granted; the proposal is consistent with the Comprehensive Plan and the Zoning Code; the proposal will not be detrimental and is the minimum necessary. 2) Variances may be used to modify bulk standards. They may not be s 0 used to modify use or procedural requirements. 3) The home was constructed in 1956. If the home had included a solarium as part of the original construction, it would have been allowed. 0 0 F- LU w �. a o. (-) 0 u' W UJ UJ (n it -o w } LL di � a1 r= z i- �- o ww �o �a o0 — F- LU W u- o �z y o~ z Q �►^ Q , P Hearing Examiner Decision Case No. V 96-85 z Page 4 b. Conclusions: 1) Special Circumstances Special circumstances include the size, shape, topography, location or surroundings of the property and public necessity for public structures. In this case, the applicant wants to construct an addition and garage, on an existing residence. The property has a class 2 stream in the south portion of the lot, with it's associated buffer and building setback. The applicant is seeking to avoid encroaching to the greatest extent possible on the stream building setback by building as far north as possible and still maintain reasonable use of the property (see Exhibit A, Attachment 2). Special circumstances appear to exist due to the critical area stream and its associated buffer and setback. 2) Special Privilege It does not appear that any special privilege will be demonstrated in granting this variance in that other properties in the same zone with similar circumstances would also qualify for a variance (see Exhibit A, , Attachment 2). 3) Zoning Code and the Comprehensive Plan Approval of the proposed variance would allow for the continued development of the site in a manner consistent with the intent of the Zoning Code and the Comprehensive Plan designation of the site (see Exhibit A, Attachment 2). 4) Not Detrimental Approval of the variance would not be detrimental to the public health, safety or welfare (see Exhibit A, Attachment 2). 5) Minimum Required The request is the minimum necessary for accommodation of the garage and expansion of the existing residence (see Exhibit A, Attachments 2 and 4). C. TECHNICAL COMMITTEE 1. Review by City Departments a. Fact: No comments were submitted by other departments. D. COMPREHENSIVE PLAN (ECDC) 1. Compliance with Comprehensive Plan. a. Fact: The subject property is designated as "Single Family Residential". b. Conclusion: The proposed development is consistent with the existing Comprehensive Plan Land Use designation for the site. 0 Hearing Examiner Decision Case No. V 96-85 Page 5 a. Facts: The Comprehensive Plan, Residential Development section, identifies goals and policies which relate to 'Residential Development" in the City. Specific goals and policies are discussed in detail below. (1) Section B states as a goal of the City that: "High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted...: ' b. Conclusion: The proposed development is consistent with the above adopted goals and policies of the City for the development of residential property in the City. DECISION Based upon the foregoing findings and conclusions, the request for a rear yard setback is approved, subject to the following conditions: 1. This variance is to allow the proposal in the location identified on the proposed site plan (see Exhibit A, Attachment 4). Any other structures, additions or remodels would have to conform with the typical setbacks or height requirements for the zone or obtain another variance. 2. This application is subject to the applicable requirements contained in the Edmonds Community Development Code. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. Exhibit A, Attachments 1 through 4 are provided in this report to familiarize the applicant with some of the additional development regulations. These attachments do not include all of the additional regulations. 3. The applicant must obtain a building permit prior to construction. 4. The permit is transferable. } Entered this 22nd day of July, 1996, pursuant to the authority granted the Hearings Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. t�1 Ron McConnell Hearing Examiner RECONSIDERATIONS AND APPEALS The following is a summary of the deadlines and procedures for filing reconsideration's and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. f .:......... .... .. .:,�. .. ., �.:: . .........: ..fir. ...} .�:. ... J ....-��' + ....}... , :-:. r .. i..�.t .. a .., i .. ... .. Hearing Examiner Decision Case No. V 96-85 Page 6 REQUEST FOR RECONSIDERATION zz Section 20.100.010.E allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the cc initial decision by any person who attends the public hearing and signs the attendance register W and/or presents testimony or by any person holding an ownership interest in a tract of land o which is the subject of such decision or recommendation. The reconsideration request must W cite specific references to the findings and/or the criteria contained in the ordinances Lu �;� governing the type of application being reviewed. U) LL LU 0 APPEALS 4R. -Ji Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or D recommendation shall be made. The appeal shall be made in writing, and shall include the r a decision being appealed along with the name of the project and the date of the decision, the Z � name of the individual or group appealing the decision, their interest in the matter, and reasons ;- a; why the appellant believes the decision to be wrong. The appeal must be filed with the w w: Community Development Director within ten (10) working days after the date of the decision D o being appealed. o "' LAPSE OF APPROVAL a � i �,; Section 20.05.020.0 states 'Unless the owner obtains a building permit, or if no building is w P- required, substantially commences the use allowed within one year from the date of approval, z', the conditional use permit shall expire and be null and void, unless the owner files an LU U z application for an extension of the time before the expiration date.' P z NOTICE TO COUNTY ASSESSOR The property owner may as a result of the decision rendered by the Hearing Examiner request a change in the valuation of the property by the Snohomish County Assessors Office. EXHIBIT: The following exhibit was offered and entered into the record. A. Planning Division Advisory Report, with 4. attachments 0 B. Letter from John Watson, dated July 2, 1996 C. Photo © NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEi T 1$.NOTICE IT IS_DUE TO THE QUALITY OF THE DOGI APPLICATION ROUTING FORM FILE: V-96-85 AND CHECKLIST FROM: PLANNIN Ph AIS/ ROUTED TO: jo1 I j9#LLLRNEQ = i U % 2 8 1996 Engineering 6/27/96 14fW'VWV0 0 nglneerinlz WORKS DEPT Fire 6/27/96 Ep�re Public Works_ 7!kflSY1a1xVk4 Tc! Parks 81 Rec. 4 �_k&t Staff Comments: a� LL *Additional Information Required for Complete Application *Additional Studies Required to Complete Review • Owner Property Address-709 MAPLE STREET • Date of Application--6/ZS/96 • Type VARIANCE I Hearing Required:Yes X No Date of Hearing (if known) X Application X Fee X APO List -Title Report Vicinity Map Elevations ---__Petition (Official Street Map) 96-66 Critical Areas Determination OTHER COMMENTS ----___,Site Plan for Short Subdivision (8.5 x 11) _j_Site Plan (I I x 17) X_Legals (Existing & Proposed) ---___Environmental Assessment -Proof of 2-Year Occupancy (ADLI) X_Declarafions (Variance & C. U. P.) Environmental Checklist © APPLICATION ROUTING FORM FILE: V-96-85 AND CHECKLIST FROM: PLANNING RECEI VLM ROUTED TO: RETURNED JUN Z 8 WS Engineering _ 6/27196 Engineering Fire 6/27/96 Fire PMKS & RECRIFM Public Works 6/27/96 Public Works ^-_ _ Parks & Rec. Staff Comments: .,- *Additional Information Required for Complete ADDI *Additional Studies Required to Complete Review J/i1 A • Owner_JEFF COATS • Property Address_ 709 MAPLE STREET • Date of Application 6/25/96 • Type VARIANCE •_ Hearing Required:Yes-C_ No Date of Hearing (if known) X Application Site Plan for Short Subdivision (8.5 x 11) X Fee X Site Plan (11 x 17) X APO List X Legals (Existing & Proposed) Title Report Environmental Assessment Vicinity Map Proof of 2-Year Occupancy (ADU) Elevations X Declarations (Variance & C. U. P.) Petition (Official Street Map) Environmental Checklist 96-66 Critical Areas Determination OTHER COMMENTS i. 0 r Y E Q �!I July2, 1996 'V,f 51996' cNr. = , W o Kirk Vinish a C/O City of Edmonds Community Services Department w = 250 5th Avenue. North -' �- UJ Edmonds, WA 98020 RE: File #V-96-61 a`. Mr. Vinish: LU z The purpose of this letter is to voice our concern regarding the request for a building z �! setback variance by Jeff Coats of 709 Maple Street. Our residence is immediately east of g Mr. Coats. Since moving in to our home in 1978 we have seen our gorgeous view diminish to just 15% of what it was. This has been due to the building of new condos and {, o ;t tall homes to the west of our property. Mr. Coats has mentioned to us that he plans on adding another story to his already two story home. This is not specifically addressed in the permit request other than "an expansion of the existing residence." of z: U cn This new story along with the new garage (Mr. Coats already has a two car carport to the west of his home) and the expansion of the existing residence in three directions will z adversely affect our view and our property value. Additionally Mr. Coat's lot is 95/110. Normal building lots in downtown Edmonds are 60/110. With such a larger lot than normal why does Mr. Coats need any variances for encroachment? We will be unable to attend the hearing scheduled on July 12 as we will be traveling in Canada. We trust that our concerns will be addressed. Sincere?nv 0John W Ann Watson 721 Maple Street Edmonds, WA 98020 F� t r , STATE Or WASHINGTON. 1 S-2-1 JUL U 2 Affidavit of Publication EDMONDS CITY CLERK The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, 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's legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ Public Hearing & Development of Application ..................................................................................................................... John & Julie Twenter ...................................................................................................................................... File No. CU-96-53 ...................................................................................................................................... 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: June 30, 1996 ............................................ f}nd hat said newspaper was re I ly ributed to its subscribers dur all of said period. ............ .......................... .... .......... ...... ...... . ........................ Principal Clerk Subscribed and sworn to before me this..........Is day ..................... JuVinand ..............................119...96 .................. .. •. ..........Not... .....................:.......... Notary Publicfort a St to of Washington, residing at Evnob Count,,,,` ®E J N�TAqp �j► 5-19.98 ��.� OF WASK�N A ZEE.� she r fyV a. -96-85 APPLICATIONAND CHECKLISTARM FROM: VPIANNiNG lee����� ROUTED TO: ``lit rrng.. Fire. 6/27/9 Public Works_6/27/96 Parks 8t Rec. 6/27/96 Staff Comments:_ e& ntto-- cAt4l Gf i Z ENGINEEV111'", RETURNED Engineering Fire (/ x Public Works L., Parks 8i Rec.'b``�+ fs�A *Additional Information Required for Complete Application *Additional Studies Required to Complete Review • Owner, ]EFF COATS _• Property Address 709 MAPLE STREET _• Date of Application 6/25/96 _ Type VARIANCE Hearing Required:YesX� No — X Application X Fee X APO List Title Report Vicinity Map Elevations Petition (Official Street Map) 96-66 Critical Areas Determination OTHER COMMENTS h i 1 i i Date of Hearing (if known) Site Plan for Short Subdivision (8.5 x 11) X Slte Plan (11 x 17) X Legals (Existing & Proposed) Environmental Assessment Proof of 2-Year Occupancy (ADU) X Declarations (Variance & C. U. P.) Environmental Checklist 0 y to V96085.DOC CrIT OF EDMONDS ENGINEERING DIVISION _ f CITY OF EDMONDS - BARBARA FAHEY MAYOR t .» 250 5TH AVENUE NORTH + EDMONDS, WA 96020 • (206) 771.0220 • FAX (206) 771-0221 COMMUNITY SERVICES DEPARTMENT Fst. 18g� Public Works • Planning • Parks and Recreation • Engineering Letter of Transmittal Date: July 5,1996' To: Jeff Coats 709 Maple St. Edmonds, WA 98020 Subject, Hearing Examiner Meeting of 7t12/96 Transmitting Agenda & Staff Report 1 For Your Information; XX- As you requested: For your file; Comment: Note attachments: Sincerely, 0 Diane M. Cunningham, Planning Secretary cc: Ron McConnell, Hearing Examiner i r 3 ' • Incorporated August I1, 1890 • Sister Cities Internationale— Hekinan, Japan ��� C EDMONDS HEARING EXAMINER MEETING AGENDA SPECIAL MEETING DATE: DULY 12, 1996 AT 9:00 A.M. z Q� SPECIAL MEETING LOCATION Community Services Conference Room - Community Services Building w U 250 5th Avenue North Uo (n 0 LU J h ; 1. Call to Order U) LL LU Q .i 2. Public Hearings it j a. FILE NO. CU-96-53; Application by John & Julie Twenter for a Conditional Use Permit to allow a Ln cy Accessory Dwelling Unit in conjunction with an existing single-family residence located at 8206 184th 1— = Street Southwest. The subject property is zoned RS-12. z F- z O b. FILE NO. V-96-76; Application by Mike Shaw for a Variance to reduce the required side setback w W (south property line) in a RS-zone, from 7 1/2-feet to 5-feet to allow the construction of an an approximate 480 square foot detached garage for an existing single-family residence. The subject U cn ni—' property is located at 20617 82nd Avenue West. _LU ' C. FILE NO. V-96-85; Application by Jeff Coats for a Variance to reduce the required rear yard setback from 15-feet to 5-feet to allow the addition of a two car garage, entryway and expansion of the existing z residence. This application was filed in conjunction with a "Reasonable Use Exception" (File No. V- u' Ln U 2. 96-61) application for the same property, but was unable to be heard at the June 20th Hearing o E-r Examiner meeting. The subject property is located at 709 Maple Street and zoned RS-6. z t d. FILE NO. ST-96-72; Application by Richard & Nancy Hale to amend the City's Official Street Map to delete the potential future creation of the 88th Avenue West right-of-way between 218th Street Southwest and 220th Street Southwest. Amendment to the Official Street Map of this nature would absolve owners property within this portion of the 88th Avenue West right-of-way corridor from future dedications of property to complete the proposed street. 4- e. FILE NO. ST-96-77; Application by Charles Makie to amend the City's Official Map to remove that portion of proposed 60-foot wide right-of-way designation between Olympic View Drive and 80th a Avenue West starting just north of 184th Street Southwest. Additionally the applicant requests to 0 remove the designation of the existing 20-foot wide right-of-way of 184th Street Southwest starting at Olympic View Drive and proceeding west approximately 253 feet; and remove the designation of a portion of the unused right-of-way lying west of Olympic View Drive and north of the 184th Street Southwest right-of-way, to allow a vacation of the subject right's -of -way pursuant to an application submitted under City of Edmonds Planning Division File No. ST-96-78. All of the proposed requests discussed above are located either adjacent to, or across the following property addresses: 7704 Olympic View Drive, 18325 80th Avenue West and 18408 79th Place West. t Ca 3. Administrative Reports - No Reports. 4. Adjournment PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES (Contact the City Clerk at 771-0245 with 24 hours advance notice far special accommodations) 0712%SMOCAGENDAME CITY OF EDMONDS 250 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION ADVISORY REPORT FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS To: Ron McConnell, Hearing Examiner From: f` Kirk J. Pffsh Planner Date: JULY 3, 1996 File: V-96-85 JEFF'COATS Hearing Date, Time, And Placer July12, 1996, At 9:00 AM: Community Services Conference Room - Community Services Building 250 5th Ave. North TABLE OF CONTENTS Section Page I. INTRODUCTION........................................................................................................................2 A. Application......................................................................................................................2 B. Recommendations........................................................................................................'...2 II. FINDINGS OF FACT AND CONCLUSIONS..........................................................................2 A. Site Description ......................... :..................................................................................... 2 B. Edmonds Community Development Code (ECDC) Compliance...................................3 C. Technical Committee..................................................:...................................................4 D. Comprehensive Plan (ECDC) .........................................................................................4 III. RECONSIDERATIONS AND APPEALS................................................................................4 A. Request for Reconsideration...........................................................................................4 B. Appeals............................................................................................................................5 IV. LAPSE OF APPROVAL...........................................................................................................5 V. APPENDICES.............................................................................................................................5 VI. PARTIES OF RECORD............................................................................................................5 V96.85.DOC / July 3,1996 ! StatiReport E i Jeff Coats ;E File No. V-96-85 Page 2 of 5 I. INTRODUCTION A. Application 1 Applicant: Jeff Coats (see Attachment 1). 2. Site.Location: ation: 709 Maple Street (see Attachments Land 4). 3. ReQuest: Application to reduce the required rear yard setback from 15-feet to 5-feet to allow the addition of a two car garage, entryway and expansion of the existing residence (see Attachment 1). 4. Review Process: Variance; Hearing Examiner conducts public hearing and makes final decision. 5. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Section 16.20.030 1 (SINGLE FAMILY RESIDENTIAL- Site Development Standards). b. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.85 (VARIANCES). B. Recommendations Based on statements of Fact, Conclusions, and Attachments in this report we recommend Approval of this application subject to the following conditions: 1. This variance is to allow the proposal in the location identified on the site (see proposed plan Attachment 4). Any other structures, additions or remodels would have to conform with the typical setbacks or height requirements for the zone or obtain another variance. 2. This application is subject to the applicable requirements contained in the Edmonds Community Development Code. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. Attachments 1 through 4 are. provided in this report to familiarize the applicant with some of the additional development regulations. These attachments do not include all of the additional regulations, 3. The applicant must obtain a building permit prior to construction. 4. The permit should be transferable. II. FINDINGS OF FACT AND CONCLUSIONS A. Site Description L Site Development And Zoning: a) Facts: (1) Size: The subject property is approximately 10,450 square feet in area (see Attachment 4). (2) Zonin : The zoning of the subject property is Single -Family Residential (RS-6). (3) Terrain and Vegtttation: The subject property slopes downward from the north property line to the south property line, with all open areas vegetated '(see Attachment 4 and 5). V96-85.130C t July 3, 1996! StatfReport .• Jeff Coats File No. V-96-85 Page 3 of 5 2. Neighboring Development And Zoning: a) Facts: (1) XWh: Developed with detached single family residences, and zoned RS-6. (2) South: Developed with detached single family residences, and zoned RS-6. (3) Eag: Developed with detached single family residences, and zoned RS-6. (4) y-u,l: Developed with detached single family residences, and zoned RS-6. j b) Conclusion: The proposed development would be consistent with the surrounding j zoning and development. B. Edmonds Community Development Code (ECDC) Compliance 1. Compliance with RS-6 Zoning Standards a) Facts: (1) The fundamental site development standards in RS-6 zone are set forth in Chapter 16.20.030. (2) Minimum rear setback in the RS-6 zone is 15-feet. b) Conclusion: Except for the requested side setback variance, the applicant is proposing to build a structure which conforms to the RS-6 development standards for locating structures on a lot. 2. Compliance with requirement for a Variance ECDC Chapter 20.15B.180.A, states an applicant may request a variance from the standards of this Chapter pursuant to the procedures set forth in ECDC Chapter 20.85 (Variances). Chapter 20.85 of the ECDC sets forth the mechanism whereby a provision of the Code may be varied on a case -by -case basis if the application of the provision would result in an unusual and unreasonable hardship (see Attachment 2). a) I±acts: (1) ECDC Section 20.85.010 establishes the decisional criteria with which a variance request must comply in order to be granted by the Hearing Examiner. These criteria include: a special circumstance must exist; no special privilege is granted; the proposal is consistent with the Comprehensive Plan and the Zoning Code; the proposal will not be detrimental and is the minimum necessary. (2) Variances may be used to modify bulk standards. They may not be used to modify use or procedural requirements. (3) The home was constructed in 1956. If the home had included a solarium as part of the original construction, it would have been allowed. b) Conclusions: (1) Special Circumstances Special circumstances include the size, shape, topography, location or surroundings of the property and public necessity for public structures. In this case, the applicant wants to construct an addition and garage, on an existing residence. The property has a class 2 stream in the south portion of the lot, with it's associated buffer and building setback. The applicant is seeking to avoid encroaching to the greatest' extent possible on the stream building setback by ; V96-85.130C i July 3, 19961 Staff Report . 0i10�� Jeff Coats Fite No. V-46-85 Page 4of5 building as far north as possible and still maintain reasonable use of the property (see Attachment 2). Special circumstances appear to exist due to the critical area stream and its associated buffer and setback. (2) apgdal Privilege It does not appear that any special privilege will be demonstrated in granting this variance in that other properties in the same zone with similar circumstances would also qualify for a variance (see Attachment 2). (3) Zoning Code and the Comprehensive Plan Approval of the proposed variance would allow for the continued development of the site in a manner consistent with the intent of the Zoning Code and the Comprehensive Plan designation of the site (see Attachment 2). (4) Not Detrimental Approval of the variance would not be detrimental to the public health, safety or welfare (see Attachment 2). (5) ]Minimum Required The request is the minimum necessary for accommodation of the garage and expansion of the existing residence (see Attachments and 4). C. Technical Committee 1. Review by City Departments a) fit: No comments were submitted by other departments. D. Comprehensive Plan (ECDC) 1. Compliance with Comprehensive Plan. a. Fact: The subject property is designated as "Single Family Residential". b. Conclusion: The proposed development is consistent with the existing Comprehensive Plan Land Use designation for the site. a. Facts: The Comprehensive Plan, Residential Development section, identifies goals and policies which relate to "Residential Development" in the City. Specific goals and policies are discussed in detail below. (1) Section B states as a goal of the City that: "High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted.... .. b. Conclusion: The proposed development is consistent with the above adopted goals and policies of the City for the development of residential property in the City. RECONSIDERATIONS AND APPEALS The following is a summary of the deadlines and procedures for filing reconsideration's and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. C „Jeff Coats File No. V-96.85 Page 5 ors A. Request for Reconsideration Section 20.I00.010.G allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. B. Appeals Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within ten (10) working days after the date of the decision being appealed. IV. LAPSE OF APPROVAL Section 20.05.020.0 states 'Unless the owner obtains a building permit, or if no building is required, substantially commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration date.' V. APPENDICES Attachments 1 through 4 are attached. 1. Application 2. Declarations of the Applicant 3. Vicinity Map 4. Site Plan VI. PARTIES OF RECORI) Applicant Planning Division Engineering Division Fire Department Parks Department Public Works Department w w= LLI _ 0' Q LL D4 cn Cy,; t=- _ z_ t- F- 0 F wW �a U o F- LU v� r� LLp z LU cn, O z t0 city of en&-nonds land use application ❑ ARCHITECTURAL DESIGN BOARD ❑ COMP PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT ❑ HOME OCCUPATION ❑ FORMAL SUBDIVISION ❑ SHORT SUBDIVISION ❑ LOT LINE ADJUSTMENT ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT / STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER ECE ED -JUN 2 1996 FILE # Vqk 9S ZONE DATE 6- Z-f p6 REC'D BY .v FEE --' RECE/IPT# HEARING DATE -1 Z(HE ❑ STAFF ❑ PB ❑ ADB ❑ CC ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ APPEALED APPEAL# t 1k74-c,i Applicant �,� -� Phone+*--; Address Id Property fit- �irPa,� �15 Property Address or Locationz! Property Owner j- Phone - Address <1.. --. Agent _ 1tlOvc-,— Phone Address /104 Tax Acc # Sec. Twp. Rng. Legal Description 7,(, 37 sf ta�Sf- S` vim- Details of Project or Proposed Use rn�u Z4 14 A ;yLP.— The undersigned applicant, and his/ her/ its heirs, and assigns, in consideration of the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or in part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/ her/ its agents or employees. The undersigned applicant grants his/ her/ its permission for public officials and the staff of the Citv of Edmonds to enter the subject property for the purpose of inspection and ttendant to th ATTACHMENT 1 SIGNATURE OF APPLICANT/ OWNE AGENT File No. V-96-85 17 June 15, 1996 ;i To: The Hearing Examiner ! Mri'cot,, Z�..� WSummary. U The following is submitted in conjunction with the City of Edmonds land Use i o (Variance) Application. We are applying for a variance in order to build a new 2-car W garage at grade with a proposed new entry, add new square footage, and remodel � I # existing square footage on our home, which was built in 1947. We currently park a - LL 01 o car in an enclosed 1-car carport which does not have direct access to our home. i W The lot on which the subject property sits is 95' x 110', or 10,450 square feet (see '. attached survey/site plan). LL < o ' LU The subject property is currently constructed approximately 7' from the rear property z line. There is a class 2 stream which runs (all year) through the front yard of the o subject property. In order to build the proposed improvements, a variance is z E- required. Granting the variance provides the least impact on the environment and provides a benefit to those with views behind us by allowing us to build away from the stream and protecting a limited view from the house behind us. The 15' building OF setback from the 25' critical areas buffer and the 15' rear setback restrict our ' LU building envelope to a point that we cannot enjoy the same benefits as other Wr properties in the vicinity which have the same zoning. _o w Cn We request that a variance be granted so that we may remodel improvements within the existing footprint of the legal non -conforming structure (which was, z built prior to the adoption of current building codes), and add new square footage to within 5' of the rear property line and within 8' of the 25' critical areas buffer (or 33' from the top of the creek bank). A height variance is not required to construct the proposed improvements. f 9. Special Circumstances: �- Unlike structures which do not require a variance, the existence of the creek in our ' yard unduly burdens our property so that we cannot enjoy the same benefits as those around us. Our next door neighbor immediately to the east has their house 0 built over the creek. Our next door neighbor immediately to the west has their house built within 18' of the creek (7' inside the 25' critical areas buffer). Other houses along the creek also are built within this 25' buffer, or within the 15' setback from the buffer. We are requesting the 5' rear setback to the north because we are trying to avoid z 0 intruding into the Critical Areas setback to the south. 2. Special Privilege: Many of the homes in the neighborhood cover the maximum building envelope (for example, the two new houses one block to the east of the subject property at 8th & s ATTACHMENT 2 I File No. V-96'-85 t '_ _.._0 f= w: Cc w� a� U0 (� LU cn u. LU X J u. 4 z r=- r0 ww �o 0 -.. a 1-- LLJ u. Q: _Z w t. U_ 01 z Maple), and/or have 3-car garages. Granting of the variance would not provide a special privilege inconsistent with the structures in the neighborhood. We are requesting the 5' rear setback to the north because we are trying to avoid intruding into the Critical Areas setback to the south. 3. Comprehensive Plan: The subject property carries the Single Family Small Lot Size designation in the City's Comprehensive Plan. We are not proposing to change this. Both the existing and proposed uses are consistent with the Comprehensive Plan. 4. Zoning Ordinance: The subject property is zoned RS6 (single family classification) by the City of Edmonds. We are not proposing to change this. Both the existing and proposed uses are consistent with the City's zoning ordinance. We are not trying to attempt to maximize the coverage on our lot. Our lot coverage ratio after the new improvements are constructed will only be about 22%. 5. Not Detrimental: Granting the variance would not be detrimental to surrounding residences. in fact, the impact on surrounding residences to the east (those whose view we could potentially block) is positive, because it assists in moving the new construction to the north out of their view. Because there is a 16 alley owned by the city which separates the subject property from those residences to the north (the city does not intend to use or improve this alley), and there is a significant change in elevation (sloping north to south), the impact on neighbors to the north would not be detrimental either. We are requesting the 5' rear setback to the north because we are trying to avoid intruding into the Critical Areas setback to the south. 6. Minimum Variance: The variance requested is the minimum necessary to enjoy the same benefits as those around us, and there is no alternative other than a variance in order to complete the project because the stream buffer and the rear setback restrict our building envelope. Additionally, not only do we see the variance as being the only solution, but we see the variance as being the best solution to protect the views of those around us and at the same time maintain ample distance from the creek, thereby protecting the environment as well. We are requesting the 5' rear setback to the north because we are trying to avoid intruding into the Critical Areas setback to the south. 0 ®� i zr -w w = -V c) O V)a Lw u J r j U) LLi —O LU CC � LL d; N dl F-- S zr �—O z }- LULU �O �a t� cn a �- w w! S (> u- O '- z LU cn cJ = O� z €0 Vicinity Map m F( W s �, s t i t t,i i \ tr YaL4e�.,.r."•° ' '-4 �::+"�.xw• -s Q25 Z SF / ys3�4e E+EtJt � � t o iY ^ W A i. E4 � Pa 1.107E ',.. m MAPLE N e 'o E .STREET a Z. _W w� -j U0 Lno Cn ►u L.Uh Lo Ujr Q J W �2a zW r" _ z r- �-0 Z I— LL, W �o U oF- LU w S („ W G tit V Qr z 0"1 t0 n APPLICATION ROUTING FORM FILE: V-96-65 AND CHECKLIST FROM: PLANNING ROUTED TO: Engineering Fire Public Works 6/27/96 Parks & Rec. 6/27/96 Staff Comments: E Engineering Fire Public Works Parks ex Rec. *Additional Information Required for Complete Application *Additional Studies Required to Complete Review • Owner _• Property Address_709 MAPLE STREET • Date of Application 6125/96 • Type_ VARIANCE • Hearing Required:YesX_ No Date of Hearing (if known) X Application X Fee X APO List Title Report Vicinity Map Elevations Petition (Official Street Map) 96-66 Critical Areas Determination OTHER COMMENTS Site Plan for Short Subdivision (8.5 x 11) ­X—Site Plan (11 x 17) X Legals (Existing & Proposed) Environmental Assessment Proof of 2-Year Occupancy (ADU) X Declarations (Variance & C. U. P.) Environmental Checklist Reciptants Toiaccpler Numtse�rr.^^,y Ssnder'a RE: _ I enn O:�O\Waal-Grte�P-itPeft» Number: (206) 7'7,1-0221 Or.±ETRAI�iSMI`:'T'E1�44�j_ 140 NUMBER CIF PAGSES S L (Including Cover Papa) FACSIMILE MCIUIPMGNT: Automatic Group #I (2.3 mins.{ 13roup Ili It tttara are any problems during transmission Or cicauments are racaNed ineompptete. please call (( 771-0220 anask Tor � d •, Jna=oaPoraatad Rupurt 21, 2690 - siacer Citfra International — Ffakinan. Japan ' i i TRANSMISSION 1. REPORT i THIS DOCUMENT WAS SENT ** COUNT # 3 *** SEND *** NO REMOTE STATION I.D. START TIME DURATION #PAGES COMMENT 1 2063393049 6-27-96 2:23PM 1'44" 3 TOTAL 0:01'44" 3 XEROX TELECOPIER 7020 M TO: Recipients Telecopier Number: cl, - 34cl FROM: & ZZ-2--(--/ ( DATE TRANSMITTED: —( I e NUMBER OF I PAGES: (Including Cover Page) FACSIMILE EQUIPMENT: Automatic/Group 11 (2.3 mins.); Group III If there are any problems during transmission or documents are received incomplete, please call (206) 771-0220 and ask for Sender's Telecopier Number: (206) 771-0221 RE: A-k-eL-ao- tlu , �17UUeJuzd dm D.\DkWbrddatMFaxForm- THIS IS A LEGAL ADVERTISEMENT AND SHOULD BE BILLED TO THE PLANNING DEPARTMENT PUBLIC HEARING and NOTICE OF DEVELOPMENT APPLICATION Name of Applicant: John & Julie Twenter File No.: CU-96-53 Project Location: 8206184th St. SW Project Description: Conditional Use Permit to allow an Accessory Dwelling Unit in conjunction with a existing single-family residence. City Contact: Meg Gruwell Public Comment Period Due By: 7/12196 Name of Applicant: Mike Shaw File No. V 96-76 Project Location: 20617 82nd Ave. W. Project Description: Variance to reduce the required side setback from 7-1/2-feet to 5-feet to allow the construction of an approx. 480 square foot detached garage for an existing single-family residence. City Contact: Steve Bullock Public Comment Period Due By: 7/12/96 Name of Applicant: Jeff Coats File No.: V-96-85 Project Location: 709 Maple St. Project Description: Variance to reduce the required near yard setback from 15-feet to 5-feet to allow the addition of a two car garage, entryway & expansion of the existing single- family residence. City Contact: Kirk Vinish Public Comment Period Due By: 7/12196 Name of Applicant: Richard & Nancy Hale File No.: ST 96-72 Project Location: 88th Ave. W. between 218th St, W & 220th St. SW Project Description: Amend the City's Official Street Map to delete the potential future creation of the 88th Ave. W. right-of-way. City Contact: Kirk Vinish Public Comment Period Due By: 7/12/96 Name of Applicant: Charles Maki File No.: ST-96-77 & Sfi 96-78 Project Location: Adjacent to, or across 7704 Olympic View Dr.,18325 80th Ave, W, & 18408 79th Pl. W. Project Description: A Street Map Amendment to remove proposed 60-foot right-of-way between Olympic View Dr. and 80th Ave. W. Also, a Street Vacation to vacate the eastern 1/2 of 184th St between Olympic View Dr. and 80th Ave. W., and that r z PUBLIC NEARING INFORMATION z ►— Lu Time: 9:00 AM a 5' Date: Friday, July 12,1996 � U Place: Community Services Conference Room - 250 5th Ave. N., Edmonds, WA 98020 WI S; w trs O s M Sandy Chase, City Clerk LL d Publish: June 30,1996 S w( z i— _ O Uj w, mi .. - .; U N� w w of —z 0 z F,- 4 .. .. f. and Approvals: ................... Date of Application :............... 0 4125/98 !Date application Complete:.... p 6128/96 Other Required Permits not a Unknown yet applied for (if knovm):. Project Location: ................ ® 709 Maple Street Required Studies related 9 N/A Project Description: ® Variance to reduce the rear setback from to the project:.................... - 15-feet to 5-feet to allow the addition of a two car garage, entryway and expansion Related Environmental a Critical Areas Checklist of the existing residence. This - Documents: .......... ,. application was filed in conjunction with File No. V-95-51 - Public Comments due by:...... p July 12, 1996 City Contact for project:........ ® Kirk Vinish - Public Hearing information �4" CDate July 12, 1996 Time: 9:00 A.M. Place: Community Services Conference Room, 250 5th Avenue North The decision on ihts developmentapplication wtll be made withint2gdays of the date bfJhe Letter ofCompleteness i�tlh dllowa Ic04i Odv' o s fesrand G additional information requests. Note that ability to appeal a decision Is contingent apon partici-t n the perpt tdec sfon� /ac ss' The removal, mutilation, destruction, or concealment of this This notice may be removed Warning! notice before the hearing data is a misdemeanor punishable by after: Juy 12 1996 fine and imprisonment. 4342-096-023-00 Paul S. Carter 4342-090.024-00 434 09 15-00 651 Maple St. Forrest S. Cummings 731 Alder St mmings FoKond Edmonds, WA 98020 Edmonds, WA 98020 73St EdWA 98020 434 09 027-00 John rnei 4342-090-029.00 4342-089-010-00 721 Nkr St. John T. Emel 721 Alder St Lawrence F. Franklin Ed nd WA 98020 Edmonds, WA 98020 730 Dayton St Edmonds, WA 98020 4342-090-009-00 John C. Frothingham 4342-095-022-00 Diane M. Howe 4342 4342-090 001-00 730 Maple St. 655 Alder St Met n Hudson Maple Edmonds, WA 98024 Edmonds, WA 98020 Edmonds, WA 98020 4342-090-001-00 Meta Hudson 4342-090.003-00 ' Lynn & Angie Jensen 4342-0$9-00?-02 20308 17th Ave. NW 710 Maple St Alyce Johansen 203 7th avenue S. Shoreline, WA 98177 Edmonds, WA 98020 Edmonds, WA 98020 4342-090-035-00 Geraldine Johns 4342-089-006-00 Ann M. Johnson 4342- 4342-089 014-00Arnold 707 Alder St. 720 Dayton St Joyce 744 Dayton St. Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 4342-089-014-00 4342-096-01 0 4342-090-005-00 Arnold Joyce a Andrew Kuchera 777 Maple St. 716 Maple St Edmonds, WA 98020 Ed ds, 98020 Edmonds, WA 98020 4342-096-015-00 Allison J. Lyons 4342-090-011-00 LB Martin 4342-095-01400 646 Dayton St Ralph N. Mathews Ral Maple at 644 St Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, 98020 4342-089-004-00 Y.R. Mettert 4342-095-021-00 Maurice & Margar Moses 4342-096-021-00 718 Dayton St. 657 Alder St Leslie JIII Nov LesLes Maple ov Novick Edmonds, WA 88020 Edmonds, WA 98020 Edmonds, WA 98020 Bloc 88, is 27-40; Block 97, — City a monds -City Clerk's 0... 4342-089-029-04 RL Ottmar 4342.090-039.04 E SL Ed and WA 98020 739 Maple St Edmonds, WA 98020 Soran Park 32719 50th PI SW Federal Way, WA 98023 4342-0q0-039-00 Saran } -00 4342-095.019 Paris 7th Avenue S. Michael &Kris Quinn ' 4342-090-033-00 Charles W. Rezba Ed Edmonds, WA 98020 658 Maple SL Edmonds, WA 98020 711 Alder SL Edmonds, WA 98020 4342-089-023.00 JJ Roberts 4342-089-008.p0 Fred Sanders 4342-089.008-00 Ed Maple SL Edmonds, WA 98020 724 Dayton St. Fred Sanders 6903 191st Pi. SW Edmonds, WA 98020 ILynnvrood, WA 98036 4342-090-007-00 Elbert Sjostrom 4342-089-001-oi Sidney Sorensen 4 42-095 024-00 790 N 195th SL Shoreline, WA 98133 2117th avenue S. Edmonds, WA 98020 Ma S ' S45 Edm s, 8020 4342-090-037-00 4342 Robert W. Tiehen 705 Alder St. Edmonds, WA 98020 4342-089-031-00 Dorothy A. Wall 729 Maple St. Edmonds, WA .98020 4342-096.019-00 Joseph & Anne Wermus 752 Dayton SL Edmonds, WA 98020 Jeff & Kristi Coats 709 Maple St. Edmonds, WA 98020 01 t0 -096-025-00 Wafter Trotson 645 Maple SL Edmonds, WA 98020 4342-089-033-00 John.&Anna Watson 721 Maple St Edmonds, WA 98020 4342-089-012-00 John Westfall 736 Dayton SL Edmonds, WA _ 98020 4342-095-oi"o Charles P. Verrall 654 Maple SL Edmonds, WA 98020 4342-096-019-00 Joseph & Anne Wermus 660 Dayton SL Edmonds, WA 98020 4342-089-039-00 James & Susan Wilson 215 7th Avenue S. Edmonds, WA 98020 _ FILE NO.: V-96-85 r z APPLICANT: COATS - �- W Cr - J Ui o -. - NOTICE OF HEARING Lu (n UJXj t. (nQ AFFIDAVIT OF POSTING STATE OF WASHINGTON) � 3 = wr COUNTY OF SNOHOMISH z r ��„' 1, Kirk Vinish, first duly sworn, on oath, depose and say:`: t. W Wj W That on the 2nd day of July, 1996, the attached Notice of Public Hearing was posted as " zil prescribed by Ordinance, and in any event, in the Civic Center and the Library, and U ( where applicable on or near the subject property. o~ z ,r Signed K - ell Subscribed and sworn to before me this -aZ_day of , 19 c Notary Public in and for the toe of Washington. 0 Residing } r, j I}ocument2 I AT e+ tM��a��:F2� d /✓^ r.,�� 3 r �F�e.yb5�i it %1'T�?,. a4 •, U)w J F' o w Q J w< Na = 1U z r- ro z wj U— o� LL = L H F U_ C wa o F z city of e �n ��onds ECt21996 ED land use application J U N ❑ ARCHITECTURAL DESIGN BOARD ❑ COMP PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT ❑ HOME OCCUPATION ❑ FORMAL SUBDIVISION ❑ SHORT SUBDIVISION ❑ LOT LINE ADJUSTMENT ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT / STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT r11 VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER FILE # P5. G DATE �-- Z s ' �6 REC'D BY FEE --' RECEIPT# HEARING DATE 2�(HE ❑ STAFF ❑ PB ❑ ADB ❑ CC TAKEN: ❑ APPROVED ❑ DENIED ❑ APPEALED �e. ;j tiles-:6ZnY)to35 Applicant t A Phone Address -GZ Property Address or Location Property Owner Phone`.< — Address Agent A&0-x_ 1 Phone 114- Address Tax Acc # �LiZ O`f3�1 d5� Ooc� ► Sec. Twp. Rng, Legal Description 9494k. b� L�/� ?��,� % . ��., -,, _ r t _ �.,. Q f 2-- tiz,6}- S' 6rl-- jai- S Details of Project or Proposed Use l G %fi z!E1_ 0flu, UGGc�-,c�vc�G. Lf�yc s�7 �e-r .0 %a iz-,•� -he4 144 i "41 c t ® The undersigned applicant, and his/ her/ its heirs, and assigns, in consideration of the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or in part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/ her/ its agents or employees. The undersigned applicant grants his/ her/ its permission for public officials and the staff of the City of Edmonds to enter the subject property for the purpose of inspection and ttendant to this appf tion. SIGNATURE OF APPLICANT/ OWNS AGENT u-) LU L _J (f) LL LLJfl ¢_J LL_ Ln CI r mi z I—, z of w wI 3; Di �U) 0-1 ar LU = U LLo _Z wN Uz O M z June 15, 1996 To: The Hearing Examiner Summary. JL/ PE The following is submitted in conjunction with the City of Edmonds Land Use (Variance) Application. We are applying for a variance in order to build a new 2-car garage at grade with a proposed new entry, add new square footage, and remodel existing square footage on our home, which was built in 1947. We currently park a car in an enclosed 1-car carport which does not have direct access to our home. The lot on which the subject property sits is 95' x 110', or 10,450 square feet (see attached survey/site plan). The subject property is currently constructed approximately 7' from the rear property line. There is a class 2 stream which runs (all year) through the front yard of the subject property. In order to build the proposed improvements, a variance is required. Granting the variance provides the least impact on the environment and provides a benefit to those with views behind us by allowing us to build away from the stream and protecting a limited view from the house behind us. The 15' building setback from the 25' critical areas buffer and the 15' rear setback restrict our building envelope to a point that we cannot enjoy the same benefits as other properties in the vicinity which have the same zoning. We request that a variance be granted so that we may remodel improvements within the existing footprint of the legal non -conforming structure (which was built prior to the adoption of current building codes), and add new square footage to within 5' of the rear property line and within 8' of the 25' critical areas buffer (or 33' from the top of the creek bank). A height variance is not required to construct the proposed improvements. 1. Special Circumstances: Unlike structures which do not require a variance, the existence of the creek in our yard unduly burdens our property so that we cannot enjoy the same benefits as those around us. Our next door neighbor immediately to the east has their house built over the creek. Our next door neighbor immediately to the west has their house built within 18' of the creek (T inside the 25' critical areas buffer). Other houses along the creek also are built within this 25' buffer, or within the 15' setback from the buffer. We are requesting the 5' rear setback to the north because we are trying to avoid intruding into the Critical Areas setback to the south. 2. Special Privilege: Many of the homes in the neighborhood cover the maximum building envelope (for example, the two new houses one block to the east of the subject property at 8th & z Z, rLL J V' C3 O' cn w J cn LL w -i � of Lu w = Z F-,. �- a; Z F- LL W: � o o —� o E:. Ui = UI 0 Z ut tN U = Qr Z t® rr Maple), and/or have 3-car garages. Granting of the variance would not provide a special privilege inconsistent with the structures in the neighborhood. We are requesting the 5' rear setback to the north because we are trying to avoid intruding into the Critical Areas setback to the south. 3. Comprehensive Plan: The subject property carries the Single Family Small Lot Size designation in the City's Comprehensive Plan. We are not proposing to change this. Both the existing and proposed uses are consistent with the Comprehensive Plan. 4. Zoning Ordinance: The subject property is zoned RS6 (single family classification) by the City of Edmonds. We are not proposing to change this. Both the existing and proposed uses are consistent with the City's zoning ordinance. We are not trying to attempt to maximize the coverage on our lot. Our lot coverage ratio after the new improvements are constructed will only be about 22%. 5. Not Detrimental.• Granting the variance would not be detrimental to surrounding residences. In fact, the impact on surrounding residences to the east (those whose view we could potentially block) is positive, because it assists in moving the new construction to the north out of their view. Because there is a 15' alley owned by the city which separates the subject property from those residences to the north (the city does not intend to use or improve this alley), and there is a significant change in elevation (sloping north to south), the impact on neighbors to the north would not be detrimental either. We are requesting the 5' rear setback to the north because we are trying to avoid intruding into the Critical Areas setback to the south. 6. Minimum Variance: The variance requested is the minimum necessary to enjoy the same benefits as those around us, and there is no alternative other than a variance in order to complete the project because the stream buffer and the rear setback restrict our building envelope. Additionally, not only do we see the variance as being the only solution, but we see the variance as being the best solution to protect the views of those around us and at the same time maintain ample distance from the creek, thereby protecting the environment as well. We are requesting the 5' rear setback to the north because we are trying to avoid intruding into the Critical Areas setback to the south. W.m 1 EL, Ai �aW t ,„✓' ..F�•. x >, .•o MOTE o n I —MAPLE —^---STREET--- r I _ :..... CdticalE Areas Checklist a ��i Site Information (soilsl(�iography/hydrology/vegetation) I. Site AddressiLocat'ton: 77Xi 1 l J 'n/. C,',1- � g , 0 2. Property Tax Account Number: �ri1� ?Gz��"7r� f> �w, �t t t tj�,( o� v ( laf 3a� j 1'csufc i 3. Approximate Site Size (acres or square feet): �C/fo' { >, 61-1-104'7 4. Is this site currently developed? yes; _ no. z li If yes; how is site developed? :!�—:� - IVA- w 5. Describe the general -site topography- Check all that apply.. APR , cc s� fqt U Flat: less than 5 feet elevation change over entire site. V1,- ti v p Rolling: slopes on site generally less than 15% (a vertical rise of 10•feet over aj (n w horizontal distance of 65-feet). LU y ,~,_' Hilly: slopes present on site of more than 15% and less than 30% (a vertical rise LU 01 of 10-feet over a horizontal distance of 33 to 66-feet). Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal distance of less than 33-feet). In z a r Other (please describe): z �- Z o- 6. Site contains areas of year-round standing water; 11 —A)--; u _ _ ; Approx. Depth: o: 7. Site contains areas of seasonal standing water: //� ;Approx. Depth: o cn', What season(s) of the year? Uj a LU S. Site is in the floodway�_ floodplain of a water course. = U, 9. Site contains a creek or an area where water flows across the grounds surface? Flows are year- - z; round? Flows are seasonal? _ V0 (What time of year? ) v =' 10. Site is primarily: forested ; meadow ; shrubs ; mixed zF- urban landscaped (lawn,shruhs etc) _,,,,_�i-:" z 11. Obvious wetland is present on site: Kivu-lz- For City Staff Use Only y I. Site is Zoned? 2. SCS mapped soil type(s)? i-"-w%5 61,4x? 3. Wetland inventory or C.A. map indicates wetland present on site? /A `e 4.. Critical ,Areas inventory or C.A. map indicates Critical Area on site? ii4gS Ae/"JJ O' 5. Site within designated earth subsidence landslide hazard area?tJ 6. Site designated on the Environmentally Sensitive Areas Map? — r J�- �'l•��Gfd DETERMINA'GIOiV u;d� L✓ 7N !nL "STUDY REQUIREi3 CONDITIONAL WAIVER t ® WAIVER Reviewed by: 4 D e u,.a�rouna ATTACHMENT 5 i File No. V 96-61 „ ME AAA 11996 r g 9 0; e�° - �MMUNlTy S;�hVt�tS City Of ]E&mon& Criti'cal ,areas Checklist "The Critical Areas Checklist contained on this form is to be filled out by any person Preparing a Development Permit Application for the City of Edmonds prior to his/her submittal of a development permit to the City. 'The purpose of the Checklist is to enable City staff to determine whether any Potential Critical Areas are or may .be Present on the subject property. The information needed to complete the Checklist Should be easily available from observations of the site or data available at City Hall (Critical Areas inventories, maps, or soil surveys). An applicant, or his/her representative, and submit into the City. The City will review the checklist, make a precursory site visit, and snake a determination of the subsequent steps necessary to complete a development permit application. With a signed copy of this form, the applicant should also submit a vicinity map or plot plan for individual lots of the parcel with enough detail that City staff can find and identify the subject parcel(s). In addition, the applicant shall include otherpertment information (e.g. site Plan, topography map, etc.) or studies in compunction with this Checklist to assist staff is completing their preliminary assessment of the site. must fill out the checklist, sign and date it, I have completed the attached Critical Area Checklist and attest that the answers provided are factual, to the best of my knowledge (fill out the appropriate column below). ` Owner / Applicant: Name Street Address City, State, ZIP Phone Signs Date •r Applicant kepresentative: Name Street Address City, State, ZIP Phone Signature Date 0 z z LU LU: to 0-1 0 H LU LU, L L 0 z US 0 z ZE I 0 City of Edmonds Critical Areas Determination Applicant: �JeffCo_ats Determination #: MCA-96-66 Project Name: Permit Number: Site Location: 709 1 Maple Street Property Tax. Acct -035-00 . Project Description: I non -project specific A site inspection has revealed that a stream flows On Or adjacent to the subjectproperty. Since this stream is piped downstream, this stream does not support salmonids. It appears that this stream flows year round and thus would be a class 2 stream with no salmonid habitat. Based on the above findings, it is determined that there is potentially a critical area on or adjacent to the site. A Critical Areas Study is required to delineate the boundaries of this potential critical areas, the buffers and setbacks. A licensed land surveyor must prepare a map which delineates the stream bank location, the critical area buffer, and the buffer setbacks. If the property owner believes that the stream is not a Class 2 stream with no salmonids, the scope of work could be modified to require a stream biologist to classify the stream. All work required by this determination must be performed through a three party contract and all studies must be conducted according to section 20.15B of the Edmonds Community Development Code. If the property owner wishes to apply for a specific development permit which they feel would not impact'the Critical Areas located on the site, they may submit their proposal to the Planning Department for review. If the Planning Department finds that the proposed development permit will not adversely impact a Critical Areas or its buffers, a conditional waiver may be issued on a project by project basis. FR- #T#V3M_AM OWN1111 April 26,1996 Si tore Date 4342-090-031'00- 'Douglas 4342-090-013-00 4342-090-013-00 L. Aardahi Martin John Banel "' Martin John Banal 715 Alder St. 750 Maple St. 3505 223rd St SW Edmonds, WA 98020 Edmonds, WA 98020 Brier, WA 98036 4342-096-023-00 4342-090-024-00 434 09 15 00 Paul S. Carter Forrest S. Cummings Forre ummings 651 Maple St. 731 Alder St 731 ^r St. Edmonds, WA 98020 Edmonds, WA 98020 EdrdondNWA 98020 434 09 027-00 4342-090-029-00 4342-089-010-00 John mel John T. Emel Lawrence F. Franklin 721 Nkr St. 721 Alder St 730 Dayton St. Ed nd WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 4342-090-009-00 4342-095-022-00 .4342-090-001-00 John C. Frothingham Diane M. Howe Meta Hudson 730 Maple St. 655 Alder St 704 Maple St, Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 4342-090-001-00 4342-090-003-00 4342-089-001-02 Meta Hudson Lynn & Angie Jensen Alyce Johansen 2030817th Ave. NW 710 Maple St. 203 7th avenue S. Shoreline, WA 98177 Edmonds, WA 98020 Edmonds, WA 98020 4342-090-035-00 4342-089-006-00 4342-089-014-00 Geraldine Johns Ann M. Johnson Arnold Joyce 707 Alder St. 720 Dayton St. 744 Dayton St. Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 4342-089-014-00 4342-096-017-00 4342-090-005-00 Arnold Joyce K. Kenyon Andrew Kuchera 777 Maple St. 652 Dayton St. 716 Maple St. Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 4342-096-015-00 4342-090-011-00 4342-095-014-00 Allison J. Lyons LB Martin Ralph N. Mathews 646 Dayton St. 740 Maple St 644 Maple St. Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 4342-069-004-00 4342-095-021-00 4342-096-021-00 Y.R. Mettert Maurice & Margar Moses Leslie Jill Novick 718 Dayton St. 657 Alder St. 655 Maple St. Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 is 27-40; Block 97, ... BloXond 4342-089-029.00 4342-090-039-00 Citonds -City Clerk's 0... RL Ottmar Soran Park 50739 Maple St 32719 50th PI SW EdWA 98020 Edmonds, WA 98020 Federal Way, WA 98023 4342-089-023-00 JJ Roberts 777 Maple St. Edmonds, WA 98020 4342-090-007-00 Elbert Sjostrom 710 N 195th St Shoreline, WA 98133 4342-090-037-00 Robert W. Tiehen 705 Alder St. Edmonds, WA 98020 4342-089-031-00 Dorothy A. Wall 729 Maple St. Edmonds, WA .98020 4342-096-019-00 Joseph & Anne Wermus 752 Dayton St. Edmonds, WA 98020 Jeff & Kristi Coats 709 Maple St. Edmonds, WA 98020 t0 4342-089-008-00 Fred Sanders 724 Dayton St Edmonds, WA 98020 4342-089-001-01 Sidney Sorensen 211 7th avenue S. Edmonds, WA 98020 4342-096.025-00 Walter Trolson 645 Maple St Edmonds, WA 98020 4342-089-033-00 John & Anna Watson 721 Maple St Edmonds, WA 98020 4342-089-012-00 John Westfall 736 Dayton St Edmonds, WA 98020 4342-089-008-00 Fred Sanders 6903 191st Pl. SW Lynnwood, WA 98036 4342-095-024.00 Mark Stief 645 Alder St. Edmonds, WA 98020 4342-095-016-00 Charles P. Verrail 654 Maple St Edmonds„ WA 98020 4342-096-019-00 Joseph & Anne Wermus 660 Dayton St. Edmonds, WA 98020 4342-089-039-00 James & Susan Wilson 215 7th Avenue S. Edmonds, WA 98020 Signet p'cent Applicant's Representative Subscribed and sworn to before me this day of Notary Pubiic in and for the State of Washington N o i A R ), N: ft80 Residing a -77777