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760 ALOHA ST (2).pdf.. . .......... . ... 'I CITY OF EDMONDS File No c, f�L--/ �,.-0 -A_— EDMONDS, WASHINGTON Date Fee EXHIBIT Z APO' S✓ APPLICATION TO HEARING EXADtINER - FOR CONDITIONAL USE PERMIT Rect, No.—AlLa_ HEARING AT APPLICANT: 1103Y Rosary Parish ADDRESS 7610 Aloha St. PHONE 778-3122 Indicate type or degree of interest in the property. owner OWNER: Coro. of the Cathol i CADDRESS 907 Terry Ave PHONE 382-4560 LOCATIoW 6P WA1?Y(%9DA29)t t l Jo Aloha., rrnonds Seattle LEGAL DESCRIPTION OF PROPERTY 010 SWIM SE1/4 NW1J4 LS N 7'30' 020 thof also LS S 200' of W 270' of M 264' thof also 030 LS S 285' of W 315' thof also LS RD EX ST of WA 040 To be completed by the Planning Division: Use Zone Legal description checked and approved by: ate: VICINITY SKETCH: Example: PLEASE SHOW BELOW A VICINITY SKETCH AS PER EXAMPLE, INDICATING NORTH. %6 Ave 0 r ---T prof05, LJ11 �¢� �+ + tMeor-cTV sleet -t- r s e F. TAPA,T%f t IN CONDITIONAL USE REQUESTED: R-ini-permanent wocx9en shelter on property DETAILS OF PROPOSED USAGE: Shelter is for the storage of newspaper and aluminum which is donated and recycled each =nth. ignature o Applicant, Owner or Representative RELEASE/HOLD HARMLESS AGREEMENT The undersigned applicant, his heirs and assigns, in consideration for the City processing.the application agrees to release, indemnifv, defend and hold the City of Edmonds harmless from anv and all damages and/or claims for damages, including reasonable attorneys' fees, arising from any action or inaction of the City whenever such action or inaction is based in whole or in part upon false, misleading or incomplete information furnished by the applicant, his agents or employees. PERMISSION TO ENTER SUBJECT PROPERTY The undersigned applicant grants his, her or its permission for public officials and the staff of the City of Edmo enter the subject property for the purpose of'insoection and,-,$rostink attendant to t is application. gnature of pp cant, er or Representative i RECEIPT CITY OF EMONDS N° 3113 PLANNING DIVISION CIVIC CENTER EDMONDS, WASHINGTON 98020 Date Ftece{ved of Dollars T BARS ACC. NO. " E NO. AMOUNT ITEM _ 001 000, 000.341.82.00 ZONE - SUBDIVISION 001 000, 000, 341.89,00 SHORELINE 001 0 000. 341.81-00 RECORDING FEE 001 000.000.341.88.00 S.E.P.A. REVIEW 001 000.000.341.84.00 MAPS - BOOKS 001 000.000.341.86.00 PHOTOSTATING 001 OTHER 001 OW. 000. 389.94.00 STATE SALES TAX TOTAL "41�t C5 Hearing By Tim's . ;iexY✓r un:ue w. u•aryYf - . t.' Ya%.4i 4iMA -. •.r 1 J. r; - Cyt f Ci4 HOLY ROSARY PARISH Post Office Box 206 Edmonds, Washington 98020 (206) 778-3122 ( 3, The property owners within 80 feet are: Mr: and.Mrs. PhilliP Sheets 761 Daley St. Edmonds.: Mr. and Mrs. Darrell Hull 759 Daley St. Edmonds, a t {{ r. 1 J. } i tx:✓.+�1� tt .: •.f, ., tl.uzi:' tlpti...e. e:.....� A.. ,.' . e.,,, '. r "77. Mr. J.M.Driscoll Hearing Examiner City of Edmonds Edmonds, Washington 98020 Subject: CU -12-82 Donald W. Schroeder 528 8th Ave North Edmonds, 'Washington 98020 10th Jan.,183 References: A. Letter by undersigned to City of Edmonds Planning Director, dated 31st A ugust,1981. B. Letter by undersigned to City of Edmonds Hearing Examiner, dated 2 March, 1982. C. Findings and Decision of the Hearing Examiner on CU -12-82, 31st of March, 1982. Dear Mr. Driscoll, I hereby request the City of Edmonds to revoke the conditional use permit CU -12-82 for the following reasons: A. Reference C, Decision condition 1, page 4. The shed has not been located as shown on Exhibit 4 of Reference C. As a point of interest it was over six months before the shed was relocated to the present location. B. Reference C, Decision condition 2, page 4. The shed has not been repainted and I don't think the applicant filed to the Architectural Design Board. C. Reference C, Decision condition 3, page 4. Not only has the shelter not been kept in a clean and well -kept manner, but the shed is deteriorating. It appears that the back of the shed is coming off, allowing wind to blow through the shed and scatter - Ing trash all over. Attached are a few photographs of the shed showing how it appeared during the summer and fall prior to moving it to the present location. Today it is about as bad as the 13th of July photograph, but with more cans about. D. Reference C. Decision condition 4. page 4. The Applicant has not removed the original graffiti type lettering. E. Reference Of Decision condition 5, page 4. I would appreciate being advised as to what was done to review this permit at the six ponths stage. I know that the applicant moved the shed shortly after seven months„ but I know of no activity on the part of the City or the Applicant to follow the conditions of the granted permit. Again, I would like to call your attention 12.12.110 of the Code {"Junkyard means a lot, land or structure, or part thereof, used for the collecting, storage and sale of wastepaper, rags, scrapmetal, ...td) and this activity is not approved for a RS -12 zone under 12.16.070 {Conditional Uses)of the Code. I believe your items 3, 4, and 5 on Page 3 of Reference C are in error and would like to suggest that you might like to check it out with the City Attorney. Sincerely a.,& N,) -S-Q dz . Donald 1K.3chroeder Vow, C �. �,.. ., .{ �� �� ��+ �ip�lii a » W�iF'�'.. Y Y n, t f � �`� t j 1.� :1 ar � Jyi {4� { 4 .+ •) ,.. `\ a "try � 1•r 1 t � � K 4�� N,Y �.� � 1 n �� � i4111� t~ V � �' f. �'a �lt�.h7 .4` 'Er� '4ct'1�.•^4a•+eY4R k-�...� ;.�j, � F �. `a. *^ -y s,.:..w .: cr..: ,r• 1 I++ I { I i x '� �L L .L Ifs" 3_�"•��,y .G' "1 � i _nn,ti.j' `SH' F T,yr h 'zt yh 3 �u•��+,yV/.�il'; r ,S�,y �� _}5��1 _ / a �" bx"7;.t,"'�t• H '�,�a��anF{Y h3� r '+ a`i -''i �' M y� R i s* 7 1 I r- IO Y OYII� 001�IfYW ���aYo' ,m, A City of E Planning � rector Edmonds, Washington 31st "S"'81 S1 Dear Us Block, our attention to 29th of June I sent you a letter calling y On the 29 emo in which the �►rchdioa®son Corporation of Seattle have roved limits of design a construction a nu�aber of it have exaeede� approved Several weeks later I P not followed or Rosary Church complex® of a 35 foot trailer o� related to the Holy i.®.: the'parkin$ lot which I felt is not part of I s conditional to you about one oth®r ffiatt®r, you Y stated the holy Rosary parkingetc. on the situ$140 use permit. At the time I mentibo�tsthmobi�®lhomes,ht blue shed is to Pr®vent thew from arking�ringlot. They have added a brig )or whish is not only Offensive to have The etas is now on the and Pap neir-ighborhood, but it also for the collection of lace in a residentou maynowagnsider my comments to look. at axui has no �' arkIng spaces. eliminates a number of p d about the spotlights inside the church st week they e► about the tra►ilentioneh® shed as a cot night• For the distracting• I had also to the steeple a also find this very Ower lin® being used to illumii a an all night and I the new P have left these lig ask about concerns Rosary Rectory. One item that I would like to it was PDD strung from dight avenue I3orthSeventh AN nue forth* that the come from be put under Prior to this timhaten w powerlines to a residence had to my understanding busy and I do not want to add to ground. our office is very you could lot me know I realize that Your Y would appreciate st if your work loaf= any, is being taken on thim matter. what aatian, Sincerely, �o kz Donald W. Schroeder P 11 1 J i NEE- r Donald '4.5chroeder 528 8th Ave North Edmonds,14ashington 98020 2 March, 1982 Mr. J.1 -.Driscoll Hearing Examiner City of Edmonds Edmonds, Washington 98020 Subject: CU -12-32 Dear Mr. Driscoll: l Regarding CU -12-8? (Conditional Use Permit .�or Semi -Permanent 3 Wooden Shelter), I have no objections to the proposed Staff ! recommendation for the relocation (see attached plan) of the Holy Rosary junk recycling she providing. 1. The shed, including the roof, is painted a non -gloss } dark green, ?. That no graffiti -type unsightly lettering be included as part of the shed red(see thatattached doesonotrblow,off as it 3. The roof is repaired did Your times in the last two months, 4. That responsible Individuals or organizations service { the shad before papers and cans overflow out onto the parking lot. The attached photograph shows what it has looked like several times since last summer. Before it was serviced, a week after the picture was taken, there was almost as much junk outside the shed as in, 5. i',?at some shrubs be planted around the shed. Thostress cedars will all die (tw) o are already under heavy and in two or three years the shed will again be out in the open. ?. I impose no objections to this relocation I do question A.lthough: the legality of a junk recycling sh(.d at this location. It would seem to me that this owould andfall or structureer 2orlpart thereof0 of the Q used I ("Junkyard means a 1 , er ra s scrapmetal, for the oollecting, storage and snroved fortapRS-l? zone under y; ...") and this activity is not ap. 12.15.070 (Conditional Uses) of the Code. Sincerely, '���•��� , i Donald W. Schroeder 2eF � 4 Picture of Holy Rosary Parking Lot taken 3.,.-)uth—qast corner 4 r co 1 i t 1 _ e Lo }1 p �yi w Q o o {6yy ti ti rI�0P V r D n S 4 co 1 i t 1 _ e Lo }1 p �yi w Q o o {6yy ti ti rI�0P V r D n S ` At �. AS - BUILT POIC NO PLAN ` "••^ mv�...... 7 " /y "' 4 �.-'+"k( ���' •,•W qG1-;4P�C±1 7'tl� klV PAUAit fl.N7E' .YAf4YNE�iNiOiP Y Y ��c:.'/•.--" ` .'^w� • w++r.o CL-• C`V V' L - i 1 i t 1 _ e i� HARVE H. HARRISON CITY OF EOM®NOB MAYOR CIVIC CENTER a EDMONDS. WASHINGTON 28020 • {206)775.2525 i PLANNING DEPARTMENT 1 DATE: January 11, 1983 :i TO: Mr. Jim Driscoll Suite 525 Westland Building 100 South King Street Seattle, WA 98104 TRANSMITTING: LETTERS FROM DONALD SCHROEDER and HEARING EXAMINER FINDINGS OF FACT dated a MARCH 31, 1982 AS.YOU REQUESTED: }xxx FOR YOUR INFORMATION: i AS WE DISCUSSED: FOR APPROVAL: FOR YOUR FILE: REVIEW AND COMMENT: s COMMENT AND RETURN: MINUTES OF MEETING: REMARKS: PLANNING DEPARTMENT 1 ' N Donald W.Schroeder 528 8th Ave North Edmonds, Washington OPPONENT S EXHIBIT 1 98020 2 March, 1982 Mr. J.M.Driscoll Hearing Examiner City of Edmonds Edmonds, Washington 98020 Subject: CU -12-82 Dear Mr. Driscoll: Regarding CU -12-82 (Conditional Use Permit For Semi -Permanent Wooden Shelter), I have no objections to the proposed Staff recommendation for the relocation (see attached plan) of the Holy Rosary junk recycling shed providing: 1. The shed, including the roof, is painted a non -gloss dark green, 2. That no graffiti -type uOsightly lettering be included as part of the shed (see attached photograph), 3. The roof is repaired so that it does not blow off as it did four times in the last two months, 4. That responsible individuals or organizations service the shed before papers and cans overflow out onto the parking lot. The attached photograph shows what it has looked like sev eral times since last summer. Before it' was serviced, a week after the picture was taken, there was almost as much junk outside the shed as in, 5, That some shrubs be planted around the shed. Those Red cedars will all die (two are already under heavy stress) and in two or three years the shed will again be out in the open. Although I impose no objections to this relocation I do question the legality of a junk recycling shed at this location. It would seem to me that this would fall under 12.12.110 of the Code ("Junkyard means a lot, land or structure, or part thereof, used for the collecting, storage and sale of wastepaper, rags, scrapmetal, ..,") and this activity is not approved for a RS -12 zone under 12.16.070 (Conditional Uses) of the Code. Sincerely, Donald W. Schroeder L � R rT k ow «L,.a3t: •--tK'�'i:�'` `'+' �� +a` `*S' +k� ,�}, "Ysli 'q' f . �';-k. � � .� ''►"E},i� !j'�� �.> �fe,��.7�JAy'.`;1i{',',.�e'3�S�iy � °.�q'�;4" ra `J� � ? ` ,.f�i:!•^%'iiY"���G1[!'�1�N��.SiZtis'C7.i'.t5: 1'�?'4�_}.:!M ..ti"�c^3'.�i,,1 R� �.w .>c r. n. '... j r��t.vc�--'' AMES M. DRISCOLL� Hearing Examiner JMD1cb 1 M 1 �L f CITY HARVE H, HARRISON ,T ®F E O N 0 CIVIC CENTER a EDMONDS. WASHINGTON 98020 (206) 775.2525 MAYOR fHEARING EXAMINER 1 October 29, 1982 Mr. Duane Bowman s Assistant City Planner (. City of Edmonds Civic Center Edmonds, WA 98020 Re: CONDITIONAL USE PERMIT #CU -12-82 (THE RECYCLING SHELTER AT 760 ALOHA STREET) `i Dear Mr. Bowman: I have reviewed a letter that was addressed to you on September 30, 1982 from Ms. Peg Dawson, the Youth Minister for the Holy Rosary Parish. >• c In that letter Ms. Dawson stated that the Holy Rosary Parish would either adhere to the conditions for the above referred to conditional use permit or would be closing the recycling , shed. I believe that this is an adequate response to the con- ditions set forth in the conditional use permit and there is no further need for review of this matter at this time. However, t would you please notify me by December 1st of the specific action t taken in this matter. Very truly yours, AMES M. DRISCOLL� Hearing Examiner JMD1cb 5 I f ,T libursday, September 30, 1982 Duane V. Bowman Assistant City Planner City of Edmonds Civic Center Edmonds, M 98020 Peg Dawson Holy Rosary Parish 760 Aloha Street Edmonds, WA 98020 (206) 778-3122 RE: CCNDITICNAL USE PERNCT #CU -12-82 RECYCLING SHELTER AT 760 ALCHiA STREET' Dear Mr. Bowman: Today I received your letter to Bob Thorpe concerning the recycling shed in our parking lot. I was hired by Holy Rosary Parish in July of this year and as a consequence the shed is now rry responsibility. My sincerest apologies are offered for the negligence of the City's conditions regarding our recyling shelter. The negligence arose out of ignorance, nothing deliberate, I was not informed by Beb or by ny predecessor of this situation, nor did I see any offi- cial papers as those had been succP.sfully filed into oblivion before I was hired. I seriously intend to rectify this situation by the middle of November, either by closing the shed down entirely or by cmplying with the conditions previously set forth. Particular attention will be given to conditions one and two as those have been most severely neglected. Thankyou for your time, patience, and support. Sin ly, Pen Youth minister I : 1 L CITY OF EDMONDS CIVIC CENTER • EDMONDS, WASHINGTON 98020 (206) 775'2525 PLANNING DEPARTMENT September 27, 1982 HARVE H. HARRISON MAYOR Mr. Bob Thorpe c/o Holy Rosary Parish 760 Aloha Street Edmonds, WA 98020 RE: CONDITIONAL USE PERMIT #CU -12-82 RECYCLING SHELTER AT 760 ALOHA STREET Dear Mr. Thorpe: On March 31, 1982, the Hearing Examiner for the City of Edmonds granted the Holy Rosary Parish a conditional use permit to allow.a recycling shed in the rear parking lot. Attached is a copy of the Hearing Examiner's report outlining the conditions of approval for CU -12-82. Today I inspected the subject property to see if the conditions imposed by the Hearing Examiner were being adhered to and I found that they have not been. Specifically, conditions one and two have not been complied with. Condition five calls for a review by the Hearing Examiner in six months time to determine whether the imposed conditions are being met. It is the position of the Planning Department that they -are not. Please inform the Planning Department in writing, as to what action you intend to take to correct this situation. If no response is submitted as of September 30, 1982, staff will recommend to the Hearing Examiner that your conditional use permit be revoked. DVB/mt attachment cc: James Driscoll Hearing Examiner Sincerely) , I , D -ANE V. 8 WMAN Assistant City Planner 1.6 F I : 1 L CITY OF EDMONDS CIVIC CENTER • EDMONDS, WASHINGTON 98020 (206) 775'2525 PLANNING DEPARTMENT September 27, 1982 HARVE H. HARRISON MAYOR Mr. Bob Thorpe c/o Holy Rosary Parish 760 Aloha Street Edmonds, WA 98020 RE: CONDITIONAL USE PERMIT #CU -12-82 RECYCLING SHELTER AT 760 ALOHA STREET Dear Mr. Thorpe: On March 31, 1982, the Hearing Examiner for the City of Edmonds granted the Holy Rosary Parish a conditional use permit to allow.a recycling shed in the rear parking lot. Attached is a copy of the Hearing Examiner's report outlining the conditions of approval for CU -12-82. Today I inspected the subject property to see if the conditions imposed by the Hearing Examiner were being adhered to and I found that they have not been. Specifically, conditions one and two have not been complied with. Condition five calls for a review by the Hearing Examiner in six months time to determine whether the imposed conditions are being met. It is the position of the Planning Department that they -are not. Please inform the Planning Department in writing, as to what action you intend to take to correct this situation. If no response is submitted as of September 30, 1982, staff will recommend to the Hearing Examiner that your conditional use permit be revoked. DVB/mt attachment cc: James Driscoll Hearing Examiner Sincerely) , I , D -ANE V. 8 WMAN Assistant City Planner 1.6 8. The recycling shelter shall be maintained in a clean and well-kept,,z,anner. 9. The recycling shelter should be moved to a location as shown on Exhibit 4 attached hereto in order that it does not become significantly detrimental to the public health, safety or welfare, nor to nearby private properties or improvements in the area. Using the findings and conclusions as the basis of the decision the Hearing Examiner of the City of Edmonds hereby orders the conditional use permit requested by the Holy Rosary Parish, for property at 760 Aloha Street, Edmonds, Washington, be granted. More particularly the conditional use permit is fora recycling shelter at the above mentioned address. The conditional use permit is subject to'the following conditions: 1. The shelter shall be located as shown on Exhibit 4 attached to these findings. 2. The shelter shall be repainted to a color that is satisfactory to the Arechitectural Design Board of the City of Edmonds. The Applicant is to make an application to the board for approval of the color to be used. 3. The shelter shall be kept in a clean and well -kept manner. This shall include the repair of the roof on the shelter so that it does not become detached from the rest of the structure. 4. The Applicant shall not write graffiti of any kind on the structure other than to identify the shelter as a recycling site for discarded items. 5. This conditional use permit shall be reviewed in six months by the Hearing Examiner to determine if it is being properly maintained in a clean and well -kept manner. if it is not, the conditional use permit shall terminate and the shelter shall be removed. 6. The conditional use permit shall not be transferable. This conditional use permit is granted subject to the authority granted to the Hearing Examiner of the City of Edmonds, Washington, Secion 20.100.010 (b)(1) of the Edmonds Community Development Code. DONE and DATED this 31st day of March, 1982 - ,.'JAMES M. DRISCOLL Hearing Examiner 1,1049011", VURI-1091 Pursuant to chapter 20.100.010, Edmonds Community Development Duane V. Bowman Assistant City Planner City of Edmonds Civic Center Edmonds, M 98020 RE: CCNDITICNAL USE PERMIT #CU -12--82 RECYCLING SHELTER AT 760 ATJOHA STREET Dear Mr. Bowman: Today I received your letter to Bcb Thorpe concerning the recycling shed in our parking lot. I was tired by Holy Rosary Parish in duly of this year and as a consequence the shed is now my responsibility. My sincerest apologies are offered for the negligence of the City's ccnditicns regarding our recyling shelter. The negligence arose out of ignorance, nothing deliberate, I was not informed by Bab or by my predecessor of this situation, nor did I see any offi- cial papers as those had been succesfully filed into oblivion before I was hired. I seriously intend to rectify this situation by the middle of November, either by closing the shed down entirely or by ccuplying with the ccnditions previously set forth. Particular attention will be given to conditions one and two as those have been most severely neglected. Thankyou for your time, patience, and support. Sin 1y ,2, Peg Youth Minister I/ Aftk That portion of the southeast quarter of the southeast quarter of the northwest quarter of Section 24, Township 27 North, Range 3 East, W.M., in Snohomish f County, Washington described as follows: BEGINNING at the southeast corner of said subdivision; thence N89047116" W along the south line thereof 596.70 feet to the east margin of 7th.St; thence NO01210011E along said east margin 643.98 feet to the south margin of Aloha } Street as described in deeds recorded under Auditor's File Nos 1642636 and 2298713; thence S8904310811E along said southerly margin 564.85 feet to a point of curve in said southerly margin; thence along a curve to the right k having a radius of 25.00 feet thru a central angle of 87053141" an arc distance of 38.35 feet to a point of tangency on the westerly margin of 8th x; Street as conveyed to the City of Edmonds by deed recorded under Auditor file No. 2298712; thence SO104915611E 118.06 feet to the east line of said subdivision• thence S0ob6'3711E along said east line 501.21 feet to the POINT OF BEGINNING. P h I v a. - - •fJL t _ AS- 5U7LT PA94JNS PLAN t"qr`yr'crS' '&w a4umc "I THE UUPtUAItDNE' 1ARTNERNNIP 1Y D .aLoa.la..e .ananrr d l a7 � .A,. S 1 t, EXHIBIT LIST CU -12-82 �4 F 1) Staff Report 2) Application 3) Legal Description 4) Site Plan OPPONENT'S EXHIBIT 1 1) Letter from Donald Schroeder r THIS WAS THE PACKET SENT TO THE HEARING EXAMINER ON MARCH 11s 1982. f. `4 i i j { i I i S. A, 1 PLEASE NOTE: APPL'-'ANT OR REPRESENTATIVE MUST'"'E PRESENT AT HEARING EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE #CU -12-82 HEARING DATE: MARCH 4, 1982 I. REQUESTED ACTION: Conditional Use Permit for a recycling shelter at 760 Aloha Street. II. APPLICANT/OWNER- Holy Rosary Parish 760 Aloha Street Edmonds, WA 98020 Owner - Corporation of the Catholic Archbishop 907 Terry Avenue Seattle, WA III. LEGAL DESCRIPTION: See Exhibit 3. IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of Subject Property and Surrounding Area The subject property is fully developed into a church and school. The proposed recycling shelter is located in the southeast corner of the property, in a gravel parking area. Development to the west and south is primarily single family residential. B. Official Street Map Proposed R/W Existing R/W East - 8th Avenue North 50' 50' South Alley 72' 72' C. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property as low density residential. As conditioned, the proposed recycling shelter will be consistent with the goals and policies of Chapter 15.15.060(E) and 15.20.030. D. Zoning Ordinance The subject property is zoned RS -12. North South East West Surrounding Zoning RS -12 RS -61 RS -12 RS -12 Recently, a new church, gymnasium and required parking areas were constructed on the site under CU -2-79. t i •i i I i j i EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE #CU -12-82 HEARING DATE: MARCH 4, 1982 I. REQUESTED ACTION: Conditional Use Permit for a recycling shelter at 760 Aloha Street. II. APPLICANT/OWNER- Holy Rosary Parish 760 Aloha Street Edmonds, WA 98020 Owner - Corporation of the Catholic Archbishop 907 Terry Avenue Seattle, WA III. LEGAL DESCRIPTION: See Exhibit 3. IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of Subject Property and Surrounding Area The subject property is fully developed into a church and school. The proposed recycling shelter is located in the southeast corner of the property, in a gravel parking area. Development to the west and south is primarily single family residential. B. Official Street Map Proposed R/W Existing R/W East - 8th Avenue North 50' 50' South Alley 72' 72' C. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property as low density residential. As conditioned, the proposed recycling shelter will be consistent with the goals and policies of Chapter 15.15.060(E) and 15.20.030. D. Zoning Ordinance The subject property is zoned RS -12. North South East West Surrounding Zoning RS -12 RS -61 RS -12 RS -12 Recently, a new church, gymnasium and required parking areas were constructed on the site under CU -2-79. PLEASE NOTE: APPL ANT OR REPRESENTATIVE MUST .,'E PRESENT AT HEARING, Exhibit 1/CU-12-82 Page 2 - As conditioned, the recycling shelter will be consistent with the purposes of the zoning ordinance and the RS -12 zone. E. Not Detrimental The proposed use, as conditioned, should not be significantly detrimental to the public health, safety and welfare nor to nearby private property or improvements. D. Transferability The Conditional Use permit should not be transferable. V. STAFF RECOMMENDATION: It is the recommendation of the staff that CU -12-82 be approved subject to the following conditions: 1. The shelter be moved to the location shown on Exhibit 4. 2. The shelter be repainted to a color satisfactory to the Architectural Design Board. 3. The shelter be maintained in a clean, well kept manner. 4. The Conditional Use permit should not be transferable. t PLEASE NOTE: APPL ANT OR REPRESENTATIVE MUST .,'E PRESENT AT HEARING, Exhibit 1/CU-12-82 Page 2 - As conditioned, the recycling shelter will be consistent with the purposes of the zoning ordinance and the RS -12 zone. E. Not Detrimental The proposed use, as conditioned, should not be significantly detrimental to the public health, safety and welfare nor to nearby private property or improvements. D. Transferability The Conditional Use permit should not be transferable. V. STAFF RECOMMENDATION: It is the recommendation of the staff that CU -12-82 be approved subject to the following conditions: 1. The shelter be moved to the location shown on Exhibit 4. 2. The shelter be repainted to a color satisfactory to the Architectural Design Board. 3. The shelter be maintained in a clean, well kept manner. 4. The Conditional Use permit should not be transferable. IJ a CITY OF EDMONDS File No—C(4-17--. .. EDMONDS, WASHINGTON Date -9 - &, -'5R2-- Fee .#0,00 EXHIBIT Z APO'S ✓ APPLICATION TO HEARING EXAMINER - FOR CONDITIONAL USE PERMIT Rect. No. _ 3012, HEARING.ATE_ r s APPLICANT: i403Y Posary Parish ADDRESS7817 Aloha St. PHONE718-3122 Indicate type or degree of interest in the property: owner OWNER: cpo�rphh of the p{Ccathol i =DREss 907 Terry Ave PHONE„382-4560 LOCATIOPT sF'"'P�t AVY(RDDRE��)ttl�� aloha, F.rlmmds Seattle LEGAL DESCRIPTION OF PROPERTY 010 SW1/4 SE1/4 NW1/4 LS -N 7'30' 020 thof also LS S 200' of W 200' of N 264' thof also 030 LS S 285' of W 315' thof also LS RD EX ST of WA 040 To be completed by the Planning Division: Use Zone -- Legal description checked and approved by: ate: VICINITY SKETCH: PLEASE SHOW BELOW A VICINITY SKETCH AS PER EXAMPLE, INDICATING NORTH. Example: -i4SAwe 0 ° 4- N1 ,6uwrox.r sinel,�fe�r s CONDITIONAL USE REQUESTED: �P rm--ane' m nt women shelter on property Pe DETAILS OF PROPOSED USAGE: Shelter is for the storage of newspaper and aluminum which is donated and recycled each month. ignature of Applicant, owner or Representative RELEASE/HOLD HARMLESS AGREEMENT The undersigned applicant, his heirs and assigns, in consideration for the City processing the application agrees to release, indemnifv, defend and hold the City of Edmonds harmless from anv and all damages and/or claims for damages, including reasnable attorneys' fees, arising from any action or inaction of the City wheonever such action or inaction is based in whole or in part upon false, misleading or incomplete information furnished by the applicant, his agents or employees. PERMISSION TO ENTER SUBJECT PROPERTY The undersigned applicant grants his, her or its permission for public officials and the staff of the City of Edmo enter the subject property for the purpose of'insnection anposti attendant to L -z application. '. /� , Signature oT-Applicant, er or Representative That portion of the southeast quarter of the southeast quarter of the northwest squarter of Section 24, Township 27 North, Range 3 East, W.M., in Snohomish 1 County, Washington described as follows: e BEGINNING atthesoutheast corner of said subdivision; thence N89047116" W j along the south line thereof 596.70 feet to the east margin of 7th,St; thence N001210011E along said east margin 643.98 feet to the south margin of Aloha Street as described in deeds recorded under Auditor's File Nos 1642636 and 2298713; thence 58904310811E along said southerly margin 564.8S feet to a point of curve in said southerly margin; thence along a curve to the right jhaving a radius of 25.00 feet thru a central angle of 87053141" an arc distance of 38.35 feet to a point of tangency on the westerly margin of 8th 1 Street as conveyed to the City of Edmonds by deed recorded under Auditor file } No: 2298712; thence S0104915611E 118.06 feet to the east line of said subdivision,,' thence S000613711E along said east line 501.21 feet to the POINT OF BEGINNING. i 101 ED new" 1 4 IN FN l rt "`•- `" ".- a 6... \ 4 •� �• �• - Q. a ~ ova $ ibId iq • f+ A r 'i' �r • 1 .�- ± '�` ' .':. iii+� •�h.� � Sj a r. . �.. ve�ma.�A.MA6tDe,aA•��MmbA4KPaacia/r •�-'-'�• ` Ojj O 0 M 8 0Og1 O ' lar & am r �%r + • � 4 i ED new" 1 4 IN FN l rt "`•- `" ".- a 6... \ 4 •� �• �• - Q. a ~ ova $ ibId iq • f+ A r 'i' �r • 1 .�- ± '�` ' .':. iii+� •�h.� � Sj a r. . �.. ve�ma.�A.MA6tDe,aA•��MmbA4KPaacia/r •�-'-'�• ` Ojj O 0 M 8 0Og1 O ' �n 4S 469 SEND PAR ND 3 WITH CARBON INTACT. - POdY PAX (50 Sets) 4P 469 PART 3 WILL BE RETURNED WIT14 REPLY..�� f r.i I 1' RECEIVED IY .�u�4�Ff ltir�� B 18 198 i To_ Fire D epartmen . EDNi(�NDS ARE DEF�i'." G 3 �$ AT SUBJECT/�' Dan Smith Off, 1 RDMOND.► DAT E 2-18-82 Curtis, V-3-82 '. r Y `I Holy Rosary Parish/CU-12-82 r z These two items will be the agenda for the Hearing Examiner on 3-4-82. j Please return to us any comments you have. Thanks. I rSIGNED Planning Department ,.. ,:.. ,r <. ., ,.<.,fv.i-'.[�L. 4:tvs11`299M�. iyti r � i f F�k i 3 d jt DATE SIGNED q�At t_ �n 4S 469 SEND PAR ND 3 WITH CARBON INTACT. - POdY PAX (50 Sets) 4P 469 PART 3 WILL BE RETURNED WIT14 REPLY..�� Daniel H. Richmond //^ Dl--~ Streut Q L Zdmonds, _ , 98020 -13 AFFIOAVIT OF POSTER STATE OF WASHINGTON ) F i LE NO. _ t / fa 2c APPLICANT HoIY Rosary Parish ) ss. COUNTY OF SNOHOMISH } Duane Bowman being first duly sworn, on oath deposes and says: That on the 22 day of s14^o the attached Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, In the Post Office and Civic Center, and where applic- able, on or near the subject property. Signed Subscribed and sworn to before me this_&A day of Notary Publ n a f r the State Washington residing t L _...__._.._r_..........w.....w.n..rr.,u.n....m..n..c.n.nnx...s..L.J.v�...e+.rt '>.. , .:.:....._....a. _.u... ._:, .,_. ...:_..... _....:.': ...._.... _..SLial:.iu _., .. ..,..,.,..: { r k i t FILE N0. CU -12-82 APPLICANT Holy Rosary Parish i } j AFFIDAVIT OF MAILING STATE OF WASHINGTON } } ss. i 1. COUNTY OF SNOHOMISH) t Maryanne Townsend being first duly sworn, on oath deposes and says: That on the 2,2 day of ��� 19 the attached Notice of Public of Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Signed &At.� &ict�7"a0rdv�� Subscribed and sworn to before me this -day of 19�. Notary Pub c in and the State of shingt Residing at 11 THE HEARING EXAMINER WILL HOLD A PUBLIC HEARING THURSDAY, MARCH 4, 19 82 , ON THE FOLLOWING APPLICATION: FILE NO.. u-12-32 CONDITIONAL USE PERMIT FOR SEMI-PERMANENT WOODEN SHELTER PROPERTY ADDRESS AND LOCATION 760 ALOHA STREET ZONE DISTRICT RS -12 THE HEARING WILL BEGIN AT 7:30 P.M. , IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC CENTER, 250 FIFTH AVENUE NORTH. IF YOU WISH TO COMMENT ON THIS PROPOSAL, YOU MAY COME TO THE HEARING AND SPEAK. YOU MAY ALSO WRITE A LETTER STATING YOUR VIEWS WHICH WILL BE CONSIDERED AT THE HEARING. PLEASE ADDRESS THE LETTER TO THE COMMUNITY DEVELOPMENT DEPARTMENT AND INCLUDE THE ABOVE FILE NUMBER. IF THE ITEM IS CONTINUED TO ANOTHER HEARING BECAUSE THE AGENDA IS NOT COMPLETED, ORS.__..,, FURTHER INFORMATION IS -NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED ONLY AT THE MEETING. 3-4-802 00 I x 4-3 O 4- ai ro in 4-> 4-3 4) tn 0- rn CL .-_____. lr l I' i I i I I i � i 00 00 I x 4-3 O 4- ai ro in 4-> 4-3 4) tn 0- rn CL Kk ----------. . . . . . . lr z x ru 0: 0 cwa a. cc z tT Or CL Kk ----------. . . . . . . 11 hE0 L:iVtD i (APR 2 1982 CITY. OF EDMONDS FINDINGS AND DECISION OF THE HEARING EXAMINER CITY OF EDMONDSr EDMONDS, WASHINGTON IN THE MATTER OF THE APPLICATION OF CII -12-82 THE HOLY ROSARY PARISH FOR APPROVAL OF A CONDITIONAL USE PERMIT DECISION: The application for approval of a conditional use permit is granted subject to conditions listed. T�mRODU 't'TON The Holy Rosary Parish, 760 Aloha Street, Edmonds, Washington, 98020, and hereinafter referred to as Applicant, has requested the approval of a conditional use permit for a recycling shelter at 760 Aloha Street, a,Washigt no, and more particularly described s: (see attachmentExhibit The above described land is zoned RS - 12 and it has a comprehensive plan designation of low density residential. The zoning designation is established in the City of Edmonds Community Development Code. A hearing on the request for the conditional use permit was held before the Hearing Examiner of the City of Edmonds on March 4, 1982. The following presented testimony at the public hearing: Duane Bowman Planning Department City of Edmonds Edmonds, WA 98020 Bob Thorpe c/o Holy Rosary Parish 760 Aloha Street Edmonds, WA 98020 At the March 4, 1982 public hearing following exhibits were presented and admitted: Lim P:XHT TT 1. Staff Report t 2. Application 3. Legal Description 4. Site Plan p TB •y� �:xx-�B�Ts 1. Letter from Don Schroder was that further it informationAt theewasrn needed froml thesApplicant. Thus,3 an additional FINDINGS/DECISION - 1 4 March 18, 1982. At that hearing the following pre hearing was held in this matter on sented public testimony: Duane Bowman Planning Department City of Edmonds Edmonds, WA 98020 Mark Reiman P.O. Box 206 Edmonds, WA 98020 After due consideration of the evidence presented and by the Applicant; evidence elicited during the public hearings; as a inspection of the subject property and the result Of the personal e HearinExaminer, the following findings surrounand conclusions constituteding area by th te the basis Of the decision of of fact i the Hearing Examiner. FINDINGS QE FACT 1. The Applicant has requested approval of a conditional use .t for the purpose of having a recycling center at 760 permit d more particularly Aloha Street, Edmonds, Washington, an described as set forth in the attachment to these findings. ,2. The zoning for the above described property is RS - 12 as established in the Edmonds community Development Code. 3. The cis plan designation for the above described land s low density resdential. 4. The subject property is fully developed as a The church and a school with the required parking areas. proposed recycling shelter is to be located in the southeast corner of the property on a gravel parking ot. 5. Development to the west and the south ofialthe subject property is primarily single family resident. 6. with the roposed recycling shelter will be consistent withconditions, the goapls and policies of Chapter 15.15.060 (and 15.20.030) of the Edmonds community Development Code. 7. with conditions, the recycling shelter will be constitent with the purposes of the zoning ordinances and the RS - 12 zone of the City of Edmonds. 8, it appears that the recycling shelter is currently in operation and has been so for quite some time. 9. A spokesman for the Applicant testified that in the past there have been problems getting the shelter cleared in that it has been difficult to find the necessary vehicles to load the recyclable material. that the church 10. The Applicant testified t is now contractedthe with a private enterprise to remove all material Accordinwithin g to the shelter on seven week intervals. spokesman, if the shelter fills prior to the seven week licant would take the necessary steps to removal the App remove the shelter. The purpose of this is to keep the shelter clear of rubbish and keep the area clean and FINDINGS/DECISION - 2 orderly. 11 With conditions the recycling shelter should not be significantly detrimental to the public health, safety or welfare, or to nearby private properties or improvements. 12. The conditional use permit should not be transferable. 13. The Planning Department of the City of Edmonds recommended that the conditional use permit be approved subject to the following conditions: (a) The shelter be moved to the location shown on Exhibit 4. (b) The shelter be repainted to a color satisfactory to the Architectural Design Board. (c) The shelter be maintained in a clean, well -kept manner. (d) The conditional use permit should not be transferable. 14. A letter was received from a neighbor who submitted that he had no objections to the shelter but recommended that a non - gloss dark green paint be used to paint the shelter; no graffiti be allowed on the shelter; that the roof be repaired; that the Applicant's be required to keep the area in a clean fashion; and that shrubs be planted around the shelter. The witness submitted that he was making these recommendations because of past problems with the shelter. 15. No other testimony was received in this matter. CONCLUSIONS 1. The application is for the approval of a conditional use permit for the purpose allowing a recycling shelter at 760 Aloha Street, Edmonds, Washington, and more particularly described as set forth in the attachment of these findings. 2. Subject property is zoned RS - 12 and has a comprehensive plan designation of low density residential. 3. A recycling shelter is not a permitted use in a RS - 12 zone and the applicant must secure a conditional use permit in order to operate the recycling shelter. 4. The requested conditional use permit will be consistent with the comprehensive plan of the City of Edmonds if certain conditions are met. 5. The proposed conditional use permit will be consistent with the RS - 12 zoning ordinances in the City of Edmonds if certain conditions are met. 6. With conditions, the proposed conditional use permit will not be detrimental to the public health, safety and welfare, and will be in conformity with the adjoining properties and improvements in the area. 7. The Planning Department of the City of Edmonds has recommended approval of the conditional use permit subject to the conditions listed in finding number 13. FINDINGS/DECISION - 3 4 8. The recycling shelter shall be maintained in a clean and well -kept manner. 9. The recycling shelter should be moved to a location as shown on Exhibit 4 attached hereto in order that it does not become significantly detrimental to the public health, safety or welfare, nor to nearby private properties or improvements in the area. DECISION Using the findings and conclusions as the basis of the decision the Hearing Examiner of the City of Edmonds hereby orders the conditional use permit requested by the Hol Rosar Parish for J J I property at 760 Aloha Street, Edmonds, Washington, be granted. More particularly the conditional use permit is fora recycling shelter at the above mentioned address. The conditional use permit is subject to the following conditions: 1. The shelter shall be located as shown on Exhibit 4 attached to these findings. 2. The shelter shall be repainted to a color that is satisfactory to the Arechitectural Design Board of the City of Edmonds. The Applicant is to make an application to the board for approval of the color to be used. 3. The shelter shall be kept in a clean and well -kept manner. This shall include the repair of the roof on the shelter so that it does not become detached from the rest of the structure. 4. The Applicant shall not write graffiti of any kind on the structure other than to identify the shelter as a recycling site for discarded items. 5. This conditional use permit shall be reviewed in six months by the Hearing Examiner to determine if it is being properly maintained in a clean and well -kept manner. If it is not, the conditional use permit shall terminate and the shelter shall be removed. 6. The conditional use permit shall not be transferable. This conditional use permit is granted subject to the authority granted to the Hearing Examiner of the City of Edmonds, Washington, Secion 20.100.010 (b)(1) of the Edmonds Community Development Code. DONE and DATED this 31st day of March, 1982. 'JAMES M. DRISCOLL Hearing Examiner NQTTCE 01 RIGH TQ APPEAL Pursuant to chapter 20.100.010, Edmonds Community Development "yrounty, Wash4ngton described as follows: ' BEGINNING at the southeast corner of said subdivision; thence N89047116" W along the south line thereof 596.70 feet to the cast margin of 7th.St; thence N001210011E along said east margin 643.98 feet to the south margin of Aloha Street as described in deeds recorded under Auditor's File Nos 1642636 and 2298713; thence S8904310811L- along said southerly margin 564.85 feet to a point of curve in said southerly margin; thence along a curve to .the right having a radius of 25.00 feet thru a central angle of 87053141" an arc distance of 38.35 feet to a point of tangency on the westerly margin of 8th Street as conveyed to the City of Edmonds by deed recorded under Auditor file No. 2298712; thence S0k049'S6"E 118.06 feet to the east line or said subdivision; thence S0o06'37"E along said east line 501.21 feet to the POINT OF BEGINNING. t; . 1 HIM i r WAN 3 � i1.;:�,,... �.:,.,..., *v5 vi ,��$f�< t w 4 i� __pe.t . �# � .. CITY OF EDMONDS CIVIC CENTER • EDMONDS, WASHINGTON 98020 • (206) 775-2525 COMMUNITY DEVELOPMENT DEPARTMENT DATE: February 24.' 1982 TO: Holy Rosary Parish 760.Aloha Street Edmonds, WA 98020 TRA14SMITTING: STAFF REPORT TO THE HEARING EXAMINER and AGENDA RE: CU -12-82 AS YOU REQUESTED: FOR YOUR INFORMATION: xx AS WE, DISCUSSED: FOR APPROVAL: FOR YOUR FILE: REVIEW AND C0101ENT: COMMENT AND RETURN: MINUTES OF MEETING: REMARKS: CC Corporation of the Catholic Archbishop 907 Terry Avenue Seattle, WA 98104 HAVE H. HARRISON MAYOR PLANNING DIVISION r, Ti U r, ED I; a l ZVChJTH AVG dig ad ' ad a.a' t ao as• ''•' p � t p �• ttt j � •.. s�` 9 s s e • e e e •...' C •� ' �d .. 111 p� � � t � ^•fir i . a�*i..�. i dig ad ' ad a.a' t ao as• ''•' p � t p �• ttt j � •.. 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