7833 196TH ST SW.pdfw CITY OF EDMONDS
250 5th AVE. N. • EDMONDS, WASHINGTON 98020 • (206) 771.3202
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COMMUNITY SERVICES
September 17, 1987
Robert Midkiff
20001 76th West
Lynnwood, WA 98036
RE: Proposed Automobile Repair Business
Dear Bob:
I have reviewed your inquiry about allowing a engine repair business in
the rear building at 7835 196th St. S.W. As you are aware, the City L.
granted you a conditional use permit to extend the nonconforming
commercial uses for a five year period, under file 1#CU-50-85,
The City's concern with the proposed business is the possible expansion
of the commercial uses outside the existing buildings, The City will
allow the proposed automobile repair business subject to the following
conditions:
1. No outside storage of customer vehicles.
2. No outside storage of equipment or automobile parts. j
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3. No outside repair of automobiles shall be allowed. All work shall
take place within the building.
4. No painting or body repair shall be allowed.
5. Comply with all building and fire department requirements for
occupancy of the building.
These conditions will insure that the commercial uses do not expand
outside the buildings. Such an expansion could adversely impact the
surrounding residential neighborhood. Failure to comply with these
conditions could result in revocation of your conditional use permit.
If you have any questions regarding this matter, please call me at
771-3202, ext. 254.
Sinc rely,
11 . i
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Duane V. wman
Assistant City Planner
PUBLIC WORKS PLANNING
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CITY OF EDMONDS File No 50 -[
EDMONDS . WASHINGTON Date/t5
Fee ��50.c�C> QSCx�.caC>
APPLICATION TO HEARING EXAMINER APO'S_ V
FOR CONDITIONAL USE PERMIT
Rect. No. 44 :!moi x4435
HEARING DATE
11)()t3_ ?L hi85
APPLICANT Robert C. Midklff ADDRESS20001 76th WP 89 4 771-6039
Indicate type or degree of interest in the property:Contract purchaser
OWNERE C. Collier ADDRESS16912 - 9th SE ., 8 743-3286
: , -- _ �
LOCATION OF PORPERTY{ADDRESS} 7833 & 7835 196th SW
LEGAL DESCRIPTION OF PROPERTY See attached—note both pieces of
property are ajoining and will be considered as one piece in
To be completed by the Planning Division: Use Zone /R/7-) 7_9
Legal description checked and approved by: Date:
VICINITY SKETCH: PLEASE SHOW BELOW A VICINITY SKETCH AS PER EXAMPLE,
INDICAING NORTH,
Example: i 3
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orf r 9 4 S.
CONDITIONAL USE REQUESTED: n extension of the present non-confor ing
use to continue the present commercial use i.
DETAILS OF PROPOSED USAGE:p Ora ar iQdef G ..years m.,n e t s to be
similar to those now in buildings. The condition use permit
is to 5e transterable to allow a smooth sale of the property
to a n-wnpr wi tl^t t'hr� mnnra-,T +o bia i 3 d the ef"a ; y bu id; ngs the
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nature or Applicant, Owner or
contract purchaser 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 any and all damages and/or claims for
damages, including reasonable attorneys' fees, arising from anv 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 Edmonds to enter the subject
property for the purpose €'inspection and posting attendant to this
appli t'
ontract purchas50-
ignature or Applicant, Owner or
Representative
17771
Lied
FINDINGS AND DECISION
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
IN THE MATTER OF THE APPLICATION FILE: CU -50-85
OF ROBERT MIDKIFF FOR AN EXTENDED
AMORTIZATION OF A NONCONFORMING
USE
DECISION: The request is granted.
INTRODUCTION
Robert Midkiff, 20001 76th Street West, Lynnwood, Washington, 98036,
and hereinafter referred to as Applicant, has requested approval
of an extended amortization of a nonconforming use on property that
is located at 7833 and 7835 196th Street S.W., in the City of
Edmonds, Washington. The property is a nonconforming commercial
use that is located in an RM -2.4 zone and an RS zone. Section
17.40.010(C) of the Edmonds Community Development Code (ECDC)
requires that any nonresidential Use located in a residential
zone district shall be discontinued within 15 years after the use
first became nonconforming. A commercial use of the subject pro-
perty first became nonconforming in 1971. The Applicant, pursuant
to Section 17.40.010(E) of the ECDC,requested an extended amortiza-
tion in order to continue the nonconforming use.
A hearing on the request was held before the Hearing Examiner of
the City of Edmonds on January 2, 1986.
At the hearing the following presented testimony and evidence:
Duane Bowman Robert Midkiff
Planning Dept. 20001 76th West
City of Edmonds Lynnwood, WA 98036
Edmonds, WA 98020
Mark Bennett Shirley DeFouse
406 Main Street 23509 Edmonds Way.
Edmonds, WA 98020 Edmonds, WA 98020
(Spelling of name
Sam McGill unintelligible.)
7826 193rd Place S.W.
Edmonds, WA 98020
At the hearing the following exhibits were submitted and admitted
as part of the official record of these proceedings:
Exhibit A - Economic Facts on Buildings
B - Original Contract between Applicant and
the Predecessor in Interest
C - Original Letter from City allowing the
Nonconforming Use
It D - First Appraisal
go E - Shepherd Letter
it F - Second Appraisal
ti G - Utility Easement
Findings and Decr ion of the
Hearing Examiner of the City of Edmonds
Re: CU -50-85
Page 2
Exhibit H - Demolition Bids
I - Letter to Snohomish County
" J - Tax Work Sheet
" K - Petition
L - Letter from City of Edmonds setting
date of Abatement
" M - Comments from Owners of the Property
" N - Bowman Report
" 0 - Brooks Appraisal
After due consideration of the evidence presented by the Applicant;
evidence elicited during the public hearing; and, as a result of
the personal inspection of the subject property and surrounding
areas by the Hearing Examiner, the following Findings of Fact
and Conclusions constitute the basis of the decision of the
Hearing Examiner.
FINDINGS OF FACT
1. The Applicant is the owner of property. located at 7833
and 7835 196th Street S.W., Edmonds; Washington. This pro-
perty is partially zoned RM -2.4 and RS -8. The present com-
mercial use existing on the property is a nonconforming use.
(Bowman testimony and Staff report.)
2. In 1971 the City of Edmonds passed Ordinance 1550 that j
established a 15 -year period in which nonconforming com-
mercial uses in residential zones had to cease operation.
The ordinance which was codified as Section 17.40.010(C)
of the ECDC also allows the abatement period to be extended
with certain procedures. One of those procedures is an
application for the extended amortization application that
the Applicant has submitted., (ECDC.)
3. On July 25, 1985, the Planning Director of the City of
Edmonds gave notice to the Applicant of the expiration
of the nonconforming use upon the subject property. The
expiration date was set for March 3, 1986. (Exhibit L.)
4. On November 18, 1985, the Applicant requested an extended
amortization period for the nonconforming use on the subject
property. It is this request that is the subject of these
findings. (Application for extension.)
5. Section 17.40.010(E) of the ECDC sets forth the procedure
to be followed.for an extended amortization application.
The application is to be processed in the same manner as a
conditional use permit. The guidelines for allowing the
extension are as follows:
Section 17.40.010(E). The Hearing Examiner shall base
his decision on the data contained in the economic analysis,
plus other information introduced at the hearing, including
information on the significance of the use's,incompatibility
Findings and Decin of the
Hearing Examiner of the City of Edmonds
Re: CU-50-85
Page 3
with nearby residents or property. (ECDC.)
6. The City of Edmonds retained an economic consultant to pro-
vide analysis of what amortization period would be reasonable
in terms of the particular use and the owner's investments.
The report of B. Saunders Brooks was admitted as Exhibit 0
at the hearing. In the report Mr. Brooks analyzed the use
of the property, the location of the property, the condition
of the structures on the property, the impact of the property
on other properties in the vicinity and the uses of other
properties in the vicinity. Irr the analysis Mr. Brooks
submitted:
In summary, based on an assumption that all of the sur-
rounding property owners immediately adjacent to the
subject property would approve a request for an extension
of the nonconforming use for five years beyond May 3, 1986,
along with an analysis of other market data study, it is
the analyst's opinion that an extension of the subject non-
conforming use for an additional amortization period of
five years would be both reasonable and economically
feasible. This would allow the subject property owner to
recover a major portion of the unamortized investment in
the subject improvements.
(Exhibit 0.)
7. The Applicant submitted that it is his intent to set up a
tax structure for the amortization of the improvements on
the property for an additional five years. (Midkiff testimony.)
S. If allowed to extend the amortization of the subject property,
and therefore extend the nonconforming use, the Applicant will
provide buildings for needed jobs within the City of Edmonds,
parking for adjacent properties and other benefits to the
community. (Applicant's testimony.)
9. The Applicant submitted that he is sensitive to neighborhood
needs and in the past has provided a compatible relationship
with neighboring properties. included in his endeavors have
been efforts to remove noisy motorcycles in the vicinity; the
allowance of fire trucks to use his property in order to pro-
vide service to adjoining properties; the allowance of the
Fire Department to dismantle his fence in order to access
adjoining properties; the allowance of dumpsters on his pro-
perty for the benefit of the adjoining neighbors; the allow-
ance of parking on his propertyl and the assistance in
alleviating water problems for neighboring properties.
(Applicant's testimony.)
10. The owner of the contract of which the property is being
purchased submitted that the extension for the amortization
should be allowed because it results in the best use of the
property, y, and it allows for the continued use of the property.
Findings and Decision of the
Hearing Examiner of the City of Edmonds
Re: CU -50-85
Page 4
To remove the nonconforming status, according to the owner's
spokesman, would result in a down zone of the property and a
hardship to the owner of the property and to the Applicant.
(Bennett testimony.)
11. An employee of one of the businesses located on the property
submitted that to eliminate the nonconforming status and to
deny the amortization extension would be disruptive to the
wholesale fire alarm business located on site. This would
be disruptive to the customers'and to the City of Edmonds
because the City Fire Department utilizes materials from
this shop. (DeFouse testimony.)
12. An adjoining property owner submitted that the Applicant
has been a good neighbor who has allowed special access
to the witness's property in order to make necessary improve-
ments. (McGill testimony.)
13. No adverse testimony was received in this matter.
14. The Applicant submitted petitions in support of the five-
year amortization as requested. The petitions were signed
by adjoining property owners and others in the neighborhood.
(Exhibit K.)
15. The Planning Department of the City of Edmonds submitted:
The Staff has reviewed the application and the report of
the Economic Consultant. Staff concurs with the recom-
mendation of the consultant that the amortization period
be extended for a period not to exceed five years.
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(Exhibit N.)
CONCLUSIONS
1. The application is for an extended amortization to allow a
nonconforming use.to exist beyond May 6, 1986, deadline as
imposed by the City of Edmonds.
2. The subject property is nonconforming. In 1971 the City of
Edmonds passed an ordinance that was later codified in
Section 17.40.010(C). This ordinance required that
nonconformance be discontinued within 15 years after the
use first becomes nonconforming. Because the property is
nonconforming in that it is a commercial use in a resi-
dential zone, the Applicant is faced with the May deadline.
3. The criteria for review of this matter are set forth in
Section 17.40.010(E) of the ECDC. These criteria have been
studied and the application for the amortization extension
satisfies these criteria.
Findings and Decision of the
Hearing Examiner of the City of Edmonds
Re: CU -50-85
Page 5
4. The economic analysis of Saunders Brooks, an analyst hired
by the City of Edmonds, has been reviewed. In the analysis
Mr. Brooks adequately reviewed the use of the property, the
value of the property and the effect of amortization on the
property. Based upon the analysis of Mr. Brooks it is ap-
parent that an amortization extension for five years is
reasonable and economically feasible for the property.
5. Although the use of the subject property is a commercial use
it appears to be compatible with residential uses in the
area. From testimony received of witnesses, other than the
Applicant, and from submittals of adjoining property owners,
it appears that the Applicant has not impacted the neighbor-
hood with the commercial use, but in fact has added to the
benefit of the neighborhood. In addition, from testimony of
the Applicant, it appears that he has been a good neighbor
and has been concerned with the needs of the adjoining pro-
perty owners.
6. The Planning Department of the City of Edmonds recommended
approval of the extension.
DECISION
Based upon the preceding Findings of Fact and Conclusions; the
testimony and evidence submitted at the public hearing; and, upon
the impressions of the Hearing Examiner at a site view, it is here-
by ordered that the Applicant be allowed an extension of the amorti-
zation period for the property located at 7833 and 7835 196th
Street S.W., Edmonds, Washington. The extended amortization
period is not to exceed five years. The nonconforming commercial
uses may continue for five years on the property located at
7833 and 7835 196th Street S.W., Edmonds, Washington.
Entered this 16th day of January, 1986, pursuant tothe authority
granted the Hearing Examiner under Chapter 20.100 of the Community
Development Code of the City of Edmonds.
(�ES M. DRISCOLL
Hlari I ng Examiner
NOTICE OF RIGHT TO APPEAL
Written appeals alleging specific error of fact or other grounds
for appeal may be filed with the Planning Department, City of
Edmonds, Civic Center, Edmonds, Washington, 98020, within four-
teen (14) days of the date of the Hearing Examiner's final action.
In this matter any appeal must be received by the Department prior to
5:00 p.m. on January 30, 1986.
B. SAUNDERS BROOKS, M.A.I.: �k
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REAL ESTATE APPRAISALS-CON5ULTATION k
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706 MEDICAL -DENTAL BUILDING
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2722 COLBYAVENUE: r"
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EVERETT. WASHINGTON 98201 r
(206) 252.5224 yA�
December 27, 1985
City of Edmonds,
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Community Services
250 - 5th Avenue N.
Edmonds, WA 98020 €
Attention: Duane V.Bowman
t.
Assistant City Planner
A.
Re: Extended Amortization For Nonconforming Commercial"Use Property
Located at 7833-35 196th Street Southwest, Edmonds, Washington"
(Robert C. Mi`dkiff et, ux.)
3N
Dear Mr. Bowman:
as
As requested, a personal inspection has been made of the above referenced
property, together with a study of current market data, for the purpose�of
providing an economic analysis for a proposed extended amortization period'
of nonconforming use for the above'captioned.property.
This proposed extended amortization period is in accordance with .
provisions of Section 17.40.010 of the City of Edmonds Community
`3
Development Code. As noted in the Code, the purpose af'"Chapter 17:40 is
to allow -certain nonconforming us es,,buildings and -lots to continue-whi"le'
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prohibiting further nonconformity. Other nonconforming uses, buildings,
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signs, and lots, which are declared to be nuisances, are required to be
eliminated.
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S inspected the subject property on December 18, 1985 irr the company'of
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Mr. Robert C. Midkiff, the property owner. At that time Mr.Midkiff-
furnished additional verbal information concerning the subject property, "
along with a copy of a petition to the.City.of Edmonds for an'extension of
the existing nonconforming use, which was signed by adjoining property,
owners.
The subject property is briefly identified as follows:
711
Property Address:
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7833-35 196th Street S.W. Edmonds, Washington.
'
Legal description:
The subject property.includes two contiguous tax.parcels which are legally
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described as follows:
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Taxa� rcel #182704-4-043-0006 (Parcel A) -
The East one-half of the Southwest quarter of the Southeast quarter :of the "
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Southeast quarter, less the East 186 feet thereof and EXCEPT 196th Street
7
Southwest, in Section 18, Township 27 North, Range, 4 East, W`.M.
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MEMBER: AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS
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B. SAUNDERS BROOKS, M.A.I.
Tax parcel #182704-4-044-0005 Parcel B):
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The North 300 feet of the East 66 feet of the West one-half of ;the
Southwest quarter of the Southeast quarter of the Southeast quarter of
Section 18, Township 27.North, Range 4 East, W.M. ='r
All situate in the City of Edmonds, County of Snohomish, State'of
Washington.
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Parcel A... (Tax parcel #182704-4-043-0006)... 2.01+- acres.
Parcel B...(Tax parcel #182704-4-044-0005)... .45+-'acres.
A site sketch showing the approximate land dimensions is attached to this
report.
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Building improvements:
South Building:
Two story masonry office/warehouse/distribution building; which
encompasses approximately 3,200 square feet on the ground floor and:2;160
square feet on the second floor. These improvements were built in 1956,
reportedly. The second floor of this building is partially finished,
including rough-in plumbing and electrical. The ground floor is utilized `
for multi-tenancy office/warehouse/distributionuse.
Current tenancies in this building include Absco Alarms,, 'Inc. on a three
year lease, which expires December 31, 1985; and Alaska_ Beachcombers
Smoked Fish Company on a month-to-month tenancy.
The Absco lease is at the rate of $650.00 month, with the owner/lessor
responsible for maintenance of the roof, walls and foundation only. This
tenantts taxes and insurance charges are prorated at 14% of the total
taxes and insurance for the subject property.
The Alaska Beachcomber's rental is at the rate of $220.00 per month, on a
gross lease basis.
North Building:
These improvements include a two story masonry office/warehouse/shop
building which encompasses a gross area of approximately 9,000 square
feet, including 8,000 square feet on the ground floor and 1,000 square
feet on the second floor. The original improvements were built in 1961,
reportedly, with an addition made in 1963.
Approximately 3,000 square feet of the ground floor space is leased to a
cabinet maker at $1,000 per month and approximately 250 square feet which
is located in the southeast corner of this building, is leased to another
tenant at $250.00 per month. This space includes one private carpeted
office and adjoining storage area.
This leaves the balance of the ground floor space available for rent,
along with the second story office space.
The owner is asking $.30 per square foot monthly for the balance of the
leasable area. However, it is obvious that the space could be rented on a
month-to-month tenancy only, until such time as an extension of the
existing nonconforming use may be approved.
(2)
B. SAUNDERS BROOKS, M.A.I.
,
Past maintenance on these improvements appears to have been average andk�
"on
the improvements are in fair to average condition. The roof the
building located on The South and the front part of the roof the ,r
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building located on The North were resurfaced about two year's ago, ;¢
according to the owner.
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Zoning:
Parcel A: RM -2.4 Multi -Residential for South 144' x 310' and RS -8
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Single -Family Residential for North 144' x 300'
Parcel B: RS -8 Single -Family Residential
Both zoning classifications are in accordance with the Community
Development Code of the City of Edmonds.
Utilities:
The subject property is served by all public utilities, including sewer
and water by the `City of Edmonds, electricity by the Snohomish`'County PUD
#1, natural gas by Washington Natural Gas Company, telephone serviceiby
General Telephone Company of the Northwest, and rubbish service by
contract with private carriers..
Tax Data for 1985:
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ASSESSED VALUE
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Tax Parcel # Land Improvements Total Taxes.
182704-4-043-0006 $160,570 $84,000 $244,570 $21253:71
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182704-4-044-0005 $ 13,500 -0- $13,500 $ 124.40
As noted, all of the improvements are assessed under Tax Parcel No.
182704-4-043-0006, (Parcel A), In accordance with provision 17.40.020 (C)
of the City of Edmonds Community Development Code, the value of
nonconforming buildings is a fair market value, as determined from the
most recent assessement by the Snohomish County Tax Assessor. Therefore,,
for purposes of this report, the subject property value is based -on the
current assessed value, as established by the Snohomish Gounty'Tax
Assessor for 1985. However, it should be noted, that the assessed
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valuation for the subject improvements is relatively low, as influenced by
the relatively short remaining economic life of these improvements,
because of the property's nonconforming use status.
Regional/City Data:
As the client is.familiar with this data, it is omitted ,from this report.
i
However, it should be noted that the economic trend in the City of Edmonds
is upward currently and real estate values are projected to increase ata
modest rate in the forseeable future.
Analysis, Summary & Recommendation:
Section 17.40.010, Paragraph A of the Edmonds Community Development:Code
defines nonconforming use as one which was once allowed:by applicable land,
use regulations, but is no longer allowed, due to the passage or later
change of this zoning ordinance and where applicable its predecessor.
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(3)
S A°�
B. SAUNDERS BROOKS, M.A.I.
Legally nonconforming use is further defined as: "A use that was lawfully
established and maintained, but no longer conforms to the use regulations
of the zone in which it is located because of the subsequent change in a`
zoning ordinance; a legally nonconforming building or portion of a
building constitutes a nonconforming use of the land on which it is
located; generally precludes additions or changes without municipal
approval." 1
1. The Dictionary of Real Estate Appraisal (Chicago, Illinois; American
Institute of Real Estate Appraisers, 1984, Page 180)
As noted, the subject improvements were built in 1956 and 1961,_prior 'to
annexation of the subject land by the City of Edmonds, on August 1,-1963,
in accordance with City of Edmonds Ordinance No. 1004.
Subsequently, the City of Edmonds passed Ordinance No. 1550 in 1971, which
established a 15 year period during which nonconforming commercial uses in<
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residential zones would have to cease operation. The end of .that 15 year
period is May 3, 1986.
In accordance with the Community Development Code, the City may consider
extending this 15 year deadline under the provisions outlined in Section
17.40.010 (E) of the code. A letter of invitation to apply for Extended
Amortization was sent to Mr. Midkiff on July 25, 1985 by the City Planning
Director. Mr. Midkiff has complied with the requirements for this
application, reportedly. He has also secured signatures from the
adjoining property owners to petition the city to permit the nonconforming
use for a period of sixty months beyond the present deadline of May 3,
1986.
The City of Edmonds Comprehensive Policy Plan Map which was adopted in
1976, designates the subject property as high density residential use
along the south side fronting along 196th Street S.W. and low density
residential use along the north side parcel of the property.- This is in
accordance with other land uses along both sides of 196th Street S.W., in
the same block as the subject property.
Property uses for the majority of the surrounding properties include
multi -family apartments and condominium units. Several single-family
residential properties abut the subject property, including three parcels
on the north side and what appears to be two properties on the east side
and two properties along the west side.
Property uses in the subject neighborhood are mixed and include the afore-
mentioned condominiums, which are located along the east side of the
subject property, multiple -family apartment units for rental occupancy,
which are located along the west side of the subject property,
multi -family apartment units located across the street from the subject
property, single-family dwellings, and a pre-school and daycare center,
along with single-family residential development.
Extensive commercial property use is located approximately one-half block
east of the subject property, along 76th Avenue West and 196th Street
S.W. This street is the boundary line for the Edmonds and Lynnwood city
limits.
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B. SAUNDERS BROOKS, M.A.I.
The subject property was purchased from E.C. and Barbara Collier by Robert '
and Helen Midkiff, DBA Union Heating, Inc. in December of 1976. ,for.
$160,000. The property was purchased on a Real Estate Contract with,,
$25,000 cash down and monthly payments at $1,171.57, including '8 lf2%
annual interest. The purchaser subsequently made the following additional
expenditures to the property:
$35,000 . . . For remodeling of the front building
$ 7,000 . . . For roof resurfacing on the front building and 'on 50 feet.by
100 feet of the rear building.
$ 4,000 . . . For exterior painting of the buildings.
$ 4,000 . . . For six inch water drain across the property.
$ 3,000 . . . For repair/resurfacing of the asphalt paving.
This gives a total investment in the property of $213,000, exclusive of
any personal labor furnished by Mr. Midkiff. He set up.a tax write-off
period of 18 years for these improvements in 1982, which appears to be
reasonable, asssuming that the property is a legally conforming use.
The subject land is below the street grade of 196th Street S.W.>.and
surrounding properties, with the lowest point appearing to beat the
southeast part of the property. Surrounding properties on the east, west,
and north of the subject property are at a much higher elevation and look
down upon the subject property.
Based on an assumption that the subject land was vacant and ready for
development for either single-family or multi -family use, itis the.
analyst's opinion that a typical investor/developer would consider the
unfavorable topography of this land, in connection with such future
development. This would be particularly true for the single-family
residential zoned land, as most home buyers do not like to be located "in
a hole", so to speak, with the neighbors looking down upon their
property. A developer would probably consider filling part of this
property in order to raise the building grade.
In addition, future development of the single-family zoned land located
along the north side of the subject property may necessitate an easement
through the multi -residential zone land from 196th Street S.W. This could
conceivably affect the number of allowable multi -family dwelling units,
which could be constructed on Parcel A in the future.
According to information furnished to the analyst by the subject property
owner, he has had problems in the past with the tenants who live in the
apartments along the west side of the subject property, who reportedly
throw trash off of their patios onto the subject property. On the other
hand, some adjoining property owners have been disturbed by noises from
trucks operating in and out of the subject property, including noise and
offensive language by employees.
Based on an analysis of the existing situation, it is the analyst's
opinion that the properties located along the west side and east side of
the subject property, as well as the properties located across 196th
Street S.W. from the subject property, are not adversely impacted by the
current use of the subject property. However, the single-family
residential properties, which are located adjacent to the subject
property, could be adversely impacted. If all of these property owners
have approved a request for an extension of the subject nonconforming use
for an additional five years beyond May 3, 1986, this problem would be
alleviated.
(5)
l 1�41.2 �F
B. SAUNDERS BROOKS, M.A.I.
Based on an assumption that the property was located in a conforming use
zone, in accordance with the Community Development Code, the remaining
economic life of the subject improvements would be, estimated at "
approximately fifteen to twenty years. This estimated economic life would,`
be based on an additional assumption that these improvements would receive;
normal building maintenance during this period of time
Based on an assumption that the City of Edmonds would not allow extension''
of the nonconforming use beyond May 3,1986, it is obvious that the
remaining economic life of the improvements would be zero. If the
extension is allowed for an additional five years beyond May,3, 1986; the
remaining economic life of the improvements would be estimated,
to conform
with the Extended Amortization Period.
In summary, based on an assumption that all of the surrounding property
owners immediately adjacent to the subject property would approve a'
request for an extension of the nonconforming use for five years beyond
May 3, 1986, along with an analysis of other market data,studied, it is
the analyst's opinion that an extension of the subject nonconforming use
for an additional amortization period of five years, would be both
reasonable and economically feasible. This would allow the subject
property owner to recover a major portion of the unamortized investment in
the subject improvements
In this connection, it is further assumed that the subject property owner
would maintain the property in a reasonable manner and continue to
maintain proper supervision of the subject property tenants. In addition;
it is assumed that the subject property owner would conform with other
requirements as outlined in Chapter 17.40 of the Community Development
Code for the City of Edmonds.
Respectfully Submitted,
,�,/
B. Saunders Brooks, M.A.I.
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Street scene looking East along 196th Street S.W. with
Subject property at left center.
Street scene looking East along 196th Street S.W. with
adjoining condominiums on the East side of subject property
at left.
Looking Southeasterly across 196th S -
front of subject property toward apa,
street.
Looking Northerly from 196th Street S.W. toward adjoining
apartments located along the West side of subject property.
it
w SUBJFCT SITE
Looking Northeasterly from subject property toward
adjoining condominium units located along the East side
of subject property.
Looking South from 193rd Place S.W. toward single-family
residential adjoining subject property on the North side.
SUBJECT SITE
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looking.East.along 194th Place S W toward ad�oi.ning3szngle
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background, which are
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subject property.
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I T Y 10
I 'T27 N R 4 E
1.7.40.000
CHAPTER 17.40
NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS
17.40.000 PURPOSE
The purpose of this chapter is to allow certain nonconforming uses, build-
ings and lots to continue while prohibiting further nonconformity. Other
nonconforming uses, buildings, signs and lots, which are declared to be
nuisances, are required to be eliminated.
17.40.010 NONCONFORMING USES
A. Definition. A nonconforming use is one which was once allowed by
applicable land use regulations, but is no longer allowed, due to the
passage or later change of this zoning ordinance and where applicable
its predecessor.
B. Continuation. A nonconforming use may continue, unless required to be
abated by subsection C below, but it may not be expanded do any way,
including additional lot area, floor area, height, number of employ-
ees, equipment, or hours of operation.
C. Abatement. Any non-residential use located in a residential zone
district or in the OS zone district shall be discontinued within fif-
teen years after the use first became nonconforming. If the affected
use is not operated in a building, it shall be discontinued within
three years of the notice. These time periods may be extended under
subsections D and E below. The time shall commence from the time the
use first became nonconforming under this ordinance and where appli-
cable its predecessor.
D. Notice to Owner. The Community Development Director shall notify each
property owner affected by subsection C above. The notice shall state
the provisions of subsection C, and that the owner may apply within
one year of the date of the notice for an extended amortization
period. The notice shall be filed for record with the County Auditor.
Failure to provide notice, or to record the same, shall not extend the
mandatory time of conformance or discontinuance.
E. Extended Amortization Application. The owner shall, with his applica-
tion, deposit $500 with the city to cover the cost of the city hiring
an economic consultant to provide an analysis of what amortization
period would be reasonable in terms of the particular use and the
owner's investment. The application shall be processed in the same
manner as a conditional use permit (Chapter 20.05). The Hearing Exam-
iner shall base his decision on the data contained in the economic
analysis, plus other information introduced at the hearing, including
information on the significance of the use's incompatibility with
nearby residents or property. The city shall refund any portion of
the $500 deposit not used in processing the application.
F. Recorded Notice. After the one-year period has passed, or an extended
amortization application has been processed, the Community Development
105
Director shall file for record with the County Auditor, a notice of
the date by which the nonconforming use must be discontinued. }
G. Lapse of Time.
1. If a nonconforming use ceases for a continuous period of six
months, any later use of the property occupied by the former
nonconforming use shall conform to this zoning ordinance.
2. If a nonconforming residential use ceases because its building is
damaged in excess of 50% of its value, the use may be reestab-
lished if construction of a new or repaired building begins within
one year of the date the damage occurred.
H. Conditional Uses. A legal use does not become nonconforming because
the zone in which it is located is changed to a zone district which
requires a conditional use permit for the use. However, the use may
not be altered, as stated in subsection B, without obtaining a condi-
tional use permit.
17.40.020 NONCONFORMING BUILDINGS
A. Definition. A nonconforming building is one which once met applicable
site development standards, but no longer does, due to the passage or
later change of this zoning ordinance and where applicable its
predecessor.
B. Continuation. A nonconforming building may be continued, unless
required to be abated elsewhere in this section, but it may not be
changed in any way which would make any nonconforming aspect more
nonconforming.
C. Value. The value of a nonconforming building is the fair market value
as determined from the most recent assessment by the Snohomish County
Assessor.
D. Maintenance and Alterations
1. Ordinary maintenance and repair of a nonconforming building are
allowed.
2. Alterations, which taken separately from the existing building
conform to this zoning ordinance and do not allow any expansion of
a nonconforming use within the building, are allowed.
3. Alterations required by law or a public agency to meet health and
safety regulations are allowed.
4. The cost in any one-year period of maintenance and alterations
allowed by this subsection may be not more than 25% of the fair
market value of the nonconforming building.
106 8/10/82
17.40.030
E. Restoration of Damage.
1. If any nonconforming building is damaged, it may be restored in
the same location, and to the same height, setbacks and coverage
as exists before the damage occurred if the reconstruction begins
within one year of the date the damage occurred.
17.40.030 NONCONFORMING LOTS
A. Definition. A nonconforming lot is one which met applicable zoning
ordinance standards as to size, width, depth and other dimensional
regulations, when it was created, but no longer does, due to the pas-
sage or later change of this zoning ordinance and where applicable its
predecessor.
B. Continuation. A nonconforming lot may be used for any use allowed by
the zone district in which it is located, even though such lot does
not meet the size, width, depth and other dimensional requirements of
that district, so long as all other applicable site use and develop-
ment standards are met, or a variance from such standards is obtained.
C. Combination. If a nonconforming lot has ever been in the same owner-
ship as an adjacent lot or lots, at any time after the date it became
nonconforming, the nonconforming lot is deemed to have been combined
with the adjacent lot or lots to the extent necessary to create,a
conforming lot and may only be used in accordance with this Community
Development Code.
Resubdivision of such aggregated nonconforming lots shall not be
required, provided however, the City may condition the issuance of any
building or land use permit upon the filing for record of a covenant
appurtenant with the County Auditor. Such real covenant shall run
with the land and contain one.or more of the following provisions:
1. A description of the exact location of all property lines.
2. Dedication of any property or right of way required by the City.
3. Any other conditions that the City would require if this property
were resubdivided by the procedure of this code. [Ord. 2292 §1,
1982].
17.40.040 NONCONFORMING SIGNS.
Nonconforming signs are injurious to the health, safety and welfare and
destructive of the aesthetic and environmental living conditions which
this zoning ordinance is intended to preserve and enhance. Nonconforming
signs shall be brought into compliance with the provisions of Chapter
20.60 of this code under the following terms and conditions:
A. No nonconforming sign shall be expanded, extended, rebuilt,
reconstructed or altered in any way, provided, however, that the
08/25/84 107
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F �
17.40.040
Pt p
""
following acts are specifically permitted shall not in and
,and
of themselves require conformance with the provisions of Chapter
20.60:
1. Normal maintenance of the sign;
2. A change in the name of the business designated on the sign; or
3. Any action necessary to preserve the public safety in the
event of damage to the sign brought about by an accident or
q
an act of God.
B. Any nonconforming sign shall be brought into immediate''
compliance with the code in the event that:
1. An act prohibited by the provisions of subparagraph A of this
a
Section occurs;
2. The building to which the nonconforming sign or signs is'a
appurtenant is remodeled or receives an addition equal to
k'
twenty—five percent (25X) of the building's value prior to
the addition or remodeling;:
.
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3. A change in the use of the building to which the sign is
appurtenant or the land upon which the sign is located
occurs; or
t'r,
4. An application for the erection of a new sign or signs.is
made by the owner or lessee of the business premises to
which the sign is appurtenant.
C. None of the foregoing provisions relating to permitted mainte—
nance, name change or preservation of the sign under Paragraph -A
shall be construed so as to'permit the continuation or preserva—
tion of any nonconforming off—premises sign. [Ord. 2429, 19841.;`;
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108 08/25/84
f
PETITION TOTHE CITY OF EDMONDS
FOR AN EXTENSION OF AN EXISTING
NON -CONFORMING USE
The undersigned owners and/or purchasers of the property
bearing the common address set forth opposite each respective
signature. do herewith petition the City of Edmonds to grant
ROBERT AND HELEN MIDKlFF, as owners of that certain real
property in Snohomish County, Washington to -wit:
The East half of the southwest quarter of the
southeast quarter of the southeast quarter of section
18, township 27 north, range 4 eAST, W.M. '196th street S.W.
Except the east 186feet thereof and except
and
The east 66 feet of the north 300 feet of the west
half of the southwest quarter of the southeast quarter
of the southeast quarter of the section 18, 'township 27
north, Range 4 east, W.M.
All situated in the County of Snohomish, State of
Washington.
(commonly known as 7833 -196th street S.W , Edmonds)
an extension of the present non -conforming use of said
property. By our signatures below we petition the City to
permit this non -conforming use for a period of 60 months beyond
the present deadline of May 3, 1986.
Signature Name Printed Address Phone
'e i
V/ 11111114 1z Az� WAe ro/? X 6016Fex, hio aAe' VC/1 ?'41 41 tr Vij-
J5 7V, z 3 --
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PETITION TOTHE CITY OF EDMONDS >a
FOR AN EXTENSION OF AN EX ISTING
NON -CONFORMING USE
The undersigned owners and/or purchasers of the property
bearing the common address set forth opposite each respective
signature. do herewith petition the City of Edmonds to grant
ROBERT AND HELEN MIDKIFF, as owners of that certain real
property in Snohomish County, Washington to -wit:
+.
The East half of the southwest quarter of the
southeast quarter of the southeast quarter of section
,
18, township 27 north, range 4 eAST, W.M.
Except the east 186feet thereof and except 196th street
S.W. j
,and
The east 66 feet of the north 300 feet of the west
half of the southwest quarter of the southeast quarter
of the southeast quarter of the section 18, 'Township 27
north, Range 4 east, W.M.
All situated in the County of Snohomish, State of.
Washington.
(commonly known as 7833 -196th street S.W , Edmonds)
r
an extension of the present non -conforming use of said
property. By our signatures below we petition the City to
permit this non -conforming use for a period of 60 months beyond
the present deadline of May 3, 1986.
Signature Name Printed Addirpessly
Phone
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t�1m l il!
7 434
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PETITION TOTHE CITY OF EDMONDS
Hi
FOR AN EXTENSION OF AN EX IS`lNG
NON -CONFORMING USE
;
The undersigned owners and/or purchasers of the property
bearing the common address set forth opposite each respective;;
signature. do herewith petition the City of Edmonds to grant"
ROBERT AND HELEN MIDKIFF, as owners of that certain real
property in Snohomish County, Washington to -wit:
The East half of the southwest quarter of the
southeast quarter of the southeast quarter of section
18, township 27 north, range 4 BAST, W.M.
Except the east 186feet thereof and except 196th street S.W.
and
The east 66 feet of the north 300 feet of the west
half of the southwest quarter of the southeast quarter
of the southeast quarter of the section 18, Township 27
north, Range 4 east, W.M.
All situated in the County of Snohomish, State of
- Washington.
(commonly known as 7833 -196th street S.W Edmonds)
an extension of the present non -conforming use of said
property. By our signatures below we petition the City to
permit this non -conforming use for a period of 60 months beyond
the present deadline of May 3, 1986.
SAgnatu,e Name Printed Address Phone_
1;7�r�Otiv S
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7 �� .2 %7p
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i
The undersigned owners and/or purchasers of the property
bearing the common address set forth opposite each respective
signature. do herewith petition the City of Edmonds to grant
ROBERT AND HELEN MIDKlFF, as owners of that certain real
property in Snohomish County, Washington to -wit:
The East half of the southwest quarter of the
southeast quarter of the southeast quarter of section
18, township 27 north, range 4 eAST, W.M.
Except the east 186feet thereof and except 196th street S.W.
and
The east 66 feet of the north 300 feet of the west
half of the southwest quarter of the southeast quarter
of the southeast quarter of the section 18, Township 27
north, Range 4 east, W.M.
All situated in the County of Snohomish, State of
Washington.
(commonly known as 7833 -196th street S.W , Edmonds)
an extension of the present non -conforming use of said
property. By our signatures below we petition the City to
permit this non -conforming use for a period of 60 months beyond
the present deadline of May 3, 1986.
signature Name Printed Address Phone
0 14 &yz- m VV 3 4pa"', 65
h
F
'DIRECTOR
/July 25, 1985
`{11K
Mr. Robert Midkiff
398.1:
P.O. Box
Edmonds, 020
RE: EXPIRATION OF NON-OONFORMING USE
Dear Mr. Midk if f
V
This letter is to notify you that the present cannercial use of your
property must be discontinued by May of next year, as required by the
Edmonds city Code. In 1971, the City passed Ordinance 1550, which
established a fifteen year period in which non -conforming commercial
uses in residential zones would have to cease operation. The.end of
that fifteen year period is May 3, 1986.
The Edmonds Camiunity Development Code allows the City to consider
extending the fifteen year deadline, under the provisions outlined in
Section 17.40.010 (9). A copy of this code section is enclosedfor
your information. If you decide to apply for the Extended
Amortization, you must file your completed application for processing
before the May 3, 1986 deadline.
If you have questions regarding this matter, please contact Duane
Bowman, Assistant City Planner, at 771-3202, ext. 254.
enclosure
PUBLIC WORKS PLANNING 0
Sincerely,
Mary Lou Block
Planning Director
PARKS AND RECREATION • ENGINEERING
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APPRAISAL QUALIFICATIONS
OF
B. SAUNDERS BROOKS, M.A.I.
x;
EDUCATION
Graduate of Southern Methodist University, Dallas, Texas, with Bachelor of
Business Administration degree.
Special education courses have included Real Estate Appraisal Course I at
the University of California, and Real Estate Appraisal Course II at
Stanford University; both courses sponsored by the American Institute of
Real Estate Appraisers. Additional special education includes numerous
appraisal seminars, mortgage banking conferences and M.B.A. Income
Property Financing School at Michigan State University.
1983 educational courses included Standards of Professional Practice at.
Seattle, Washington; Valuation Analysis and Report Writing at University
of Colorado, Boulder, Colorado; and Real Estate Feasibility Analysis at .
Denver, Colorado.
1984 educational courses included Business Valuation at Seattle,
Washington, and Creative Thinking and Feasibility Analysis at Denver,
Colorado.
1985 educational courses included the Electronic Spreadsheet In The
Appraisal Office at Edmonds Community College, Lynnwood, Washington;
Federal Home Loan Bank Board Regulation R41 (B) at Seattle, Washington and
Introduction to Hotel/Motel Valuation at Seattle, Washington.
EXPERIENCE
Twenty-nine years experience in real estate appraising, mortgage
financing; and real estate sales, including six and one-half years with
Mortgage Loan Department of Pacific Mutual Life Insurance Company in
Dallas, Texas, and Salt Lake City, Utah; 10 years as Vice -President of
commercial and industrial loan departments of major mortgage bankers in
Dallas, Texas, and Denver, Colorado; 12 years as owner of company
specializing in real estate appraisals, consultation, mortgage brokerage,
feasibility analysis, and real estate sales.
Concurrent experience included Real Estate Broker in the State of Texas,
State of Colorado, and State of Washington, and Approved Fee Appraiser for
the Federal Housing Administration in Salt Lake City, Utah; Dallas, Texas,
and Denver, Colorado.
Formerly Secretary -Treasurer of Dallas Mortgage Bankers Association,
Formerly,member of Commercial Loan Committee of Texas Mortgage Bankers
Association.
Formerly member of Conventional Loan Committee of Mortgage Bankers
Wor
Qualified as expert witness in Boulder County, Colorado; District Courts;
and Snohomish'County, Washington, Court.
Instructor, Real Estate Appraisal, Skagit Valley College, South Whidbey
Island Branch, Langley, Washington.
SCOPE OF APPRAISALS
Residential -single and multiple -family properties; commercial, industrial,
and investment properties, subdivisions, planned unit developments;
mountain properties; condemnation; special purpose; leaseholds; eminent
domain; easements; and review appraisals. Consultation, arbitration and
feasibility studies.
Appraisals have been made for numerous life insurance companies,
commercial and savings banks, savings and loan associations, corporations,
city and county governments, state and federal agencies, attorneys, and
private individuals, including both independent fee appraisals and
appraisals in connection with mortgage loan submissions—primarily
commercial and industrial. Some of these companies have included:
Mutual of New York Life Insurance Company
Pacific Mutual Life Insurance Company
Acacia Mutual Life Insurance Company
United Benefit Life Insurance Company
Provident Life and Accident Insurance Company
Loyal Protective Life Insurance Company
United American Life Insurance Company
United States Life Insurance Company
Mutual Benefit Life Insurance Company
Security Benefit Life Insurance Company
Kansas City Life Insurance Company
Teachers Insurance and Annuity
Indianapolis Life Insurance Company
Majestic Savings and Loan Association
Great West Savings and Loan As'sociation
Northwestern National Bank of St. Paul
Western Federal Savings and Loan Association
Federal Housing Administration
Humble Oil Refining
University Park Lumber Company
Commonwealth Investment Corporation
Riverside Shopping Center, Inc.
General Mills, Inc.
Ethyl Corporation
International Business Machines Corporation
Great American Reserve Insurance Company
Old Colony Trust Company of Boston
Penn Mutual Life Insurance Company
National State Bank of Boulder
Lomas and Nettleton Company
Bristlecone Investment
Mt. Baker Mutual Savings Bank
Union Bay - Camp Paper Company
Phillips Petroleum Company
Lipton Tea Company
I
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.r .,...,..,�.. �.., .... .. .__.. ..... .... , ,.. »mow,-xr.,a+Kwr'+L.tW,m't".%. k'J� i�.„•Fx....;Jk'fT. r.ir.Fu�.-,i'Yw�tt�y5W5.,tis,:vse..u....,:..:ae.u._.,5.:..u..�.a4.1T.L..}'::W
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ountain Bell Telephone Company
� M
all Brothers Research Company
?irst National Bank of Boulder
lickerson-Waterman Corporation
ounty of Boulder
ity of Boulder
ome Equity Corporation
eaman's Bank for Savings
obil Oil Corporation
apitol Federal Savings and Loan Association
mpire Savings and Loan Association
enchmark Associates
oulder Triangle Associates
ederal National Mortgage Association
ommercial Loan Insurance Corporation
pion Oil Corporation
egional Transportation District of Denver;
Jefferson County Airport Authority
ashington Federal Savings and Loan Association
ioneer First Federal Savings and Loan Association
olmes Harbor Water District
winomish Indian Tribal Community
aine Field
oeing Company
Iympic Bank
Seattle -First National Bank
City of Renton
Snohomish County Housing Authority
Washington State Parks and Recreation Commission
General Telphone Company of the Northwest, Inc.
Washington State Department of Natural Resources
City of. Edmonds
City of Everett
GTE Data Services
U.S. Department of Agriculture, Forest Service
Snohomish County Department of Public Works
`
Willamette Management Associates
Stevens Memorial Hospital
First Interstate Bank of Washington N.A.
CascadeSavings and Loan Association
Rainier Bank
University Federal Savings Bank
Howarth Investment Company
D.A. Duryee & Company
Mardev Properties
Port of Anacortes
Edmonds Community College
PROFFESIONAL AND TRADE ORGANIZATIONS
American Institute of Real Estate Appraisers - M.A.I.
Washington and National Association of Realtors
Whidbey Island Board of Realtors - Affiliate
PRESENT BUSINESS AFFILIATION
Owner B. Saunders Brooks, M.A.I. - Real Estate Appraisals, Consultation
and Feasibility Analysis. Commercial, industrial, investment,
condemnation, special purpose and residential appraisals in Washington and
Western states.
f �
S
-
"'SLOT PLAN
-
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The following sketch shows the plot, plan of the site and"improvements.
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Parcel "B"! Parcel "Ari
Alder trees & brush
3ao�
630,
Bldg 2
;.16o,
66,
2 -story
?a
portion
20
blacktop
8o,
Bldg 1
4o, x 4o, .
2 -story'.
portion
j
40,
144•
— --
196th S.W.
I
(Sketch is not to scale).
Page No. 6 ot10 Pages
i
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i�
t l 3
MY �r
f
Economic facts on buildings at 7833 196th Street S.W. known as ;l,,
the UHI Buildings.Y
Purchased from E.C. and Barbara Collier by Robert and Helen"
4
Midkiff DBA Union Heating Inc. in December 1976 for $160-:0M
plus all costs ;to seller and purchaser. We were made aware of
a letter from the City of Edmonds dated November 2, 1976 sighed '
by E. Joseph Wallis. Exhibit
On April 1977, we commissioned David Spiers, S`.R.A. to provide
an accurate appraisal for future tax reference'. Appraisal -'dated
April 30, 1977 indicated land at $57,000 and buildings . at.
,!
$118,000 or a total of $175,000. Exhibit D
On August 1977, we strongly objected to the platting of the Cassell
property to the east of us as it landlocked over half of our
property, which is zoned single family. The only access is now,
through multi -family zoned property. We asked for relief on
taxes at the county level and received none. ..The alternate
was to buy the complete Cassell Property, and this'wasn'`t eco-
nomical or feasible. ExhibL. E
We rented the back building out to Astro Electric and Eastwood
Cabinets, which did not quite pay the payments, taxes, insurance
and property maintenance. Union Heating Inc. `occupied the.front
building until July of 1982, atwhich time ownership passed exclu=`
sively to Robert and Helen Midkiff.
We again commissioned Mr. David Spiers to re -appraise the,property.
The appraisal dated July 1982 was $250,000, with $123,500 for land'
and $126,500 for buildings. These building: values assumed that
the commercial use of these buildings would continue indefinitely.
Exhibit F
On April of 1983, we gave a major utility easement through our,
property without any cost to the taxpayer. We put in a six-inch
drain to stop the water problem to the neighbor to the.west at
a cost of $4,000. The City's contractor never completed the
agreed grading of the.construction area. Estimated cost to
finish grading is $3,000, a cost to the Midkiffs not foreseen.
Exhibit G
On September of 1985, we got two bids to remove both buildings
and all blacktop and footings and haul away, no old material to
remain.. These bids were $31,800 and $36,883 plus applicable.
taxes and contingent that Snohomish County provide a local dump
site. If not, this cost could Cripple as Snohomish County is
considering closing all sites to this type of dumping. Closest
site is then Eastern Washington. Exhibit H
i
Over the life of the buildings, we have continued to ask for
tax relief. In'a letter dated July of 1979, we asked for pro-
{ party tax relief on both the land and buildings. Looking at -a
t
property -value tax worksheet, we note a slight drop in propery
# L�! t4��yy�:.•�,ia
t
�, Pag • I
value but no relief on the buildings. You will also note the
fld Y T�
property value in 1982 was above a licensed appraiser's appraisals,
by $50,570, which is ridiculous. The value continued until 'we'
took a registered letter from you to us dated July 25, 1985t, t
regarding expiration of non-conforming use. Exhibit I &
We contracted Mr. Gary Pickett, the County_ Appraiser, who, is y'
very familiar with our plight. He said flat out that the County'•s•
hands have been tied by the City of Edmonds. He has contacted
the City of Edmonds many times wanting a firm commitment'ofaction:
The Edmonds Building Department side-stepped the issue each time.,"
Mr. Pickett immediately dropped our taxes within one week for 1987;
'land to $146,218 and buildings to $41,900. He is-going to try to.:;
give us relief in 1986 as well. The County is assuming a three-
year extension will be allowed. The reason fo.r not`establishi_ng
a value in 1988 is that that is when the area will receive a view
value. We also have a gentlemen's agreement, if we,.get a five-
year extension, that the 1987 value will change to reflect this,;
extension. From the County's action, it looks like the City has
drug their feet andplaced us'in a poor position to make a reas.on-
able profit. We feel this is an unfair action to an Edmond's
property owner who has tried to be a good member of the community.
With this unfair action on the part of the City of Edmonds, we.
respectively change our request to a five-year extension zin order:
to recoup our unearned taxes .charged by the County., As you can
see, we are upset.
In September, we made up a petition to the City of Edmonds on.the-
extension of an existing non-conforming use of our property. (copy,
attached) We made no promises as to use of property, except that
we would not add to the existing buildings. In the petition,' we
asked for the extension for three years. However, we can acrd will
go back and ask for new signatures on a petition for five years.
Everyone signed the petition,; our neighbors are behind us, as far,
as we know. Exhibit K
Since the City of Edmonds has pressed this situation, we have
lost our major tenant; and, without his rent income, we cannot
make our land payments let.alone the taxes, insurance and main-
tenance costs. The two tenants in the front building have leases
which end January 1, 1986. Exhibit L
It is impossible to rent any of the space for three months, so
your action is necessary and soon. Let's work together. We do
not want another rocket station situation.
1
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ilr
y APPRAISAL REPORT
For: Union Heating Co., Inc. Date:
7833 196th S.W.
Edmonds, WA.
PROPERTY IDENTIFICATION
The Collier Building
7833 196th S.W., Edmonds (Snohomish County), Washington3�lts
Address: y r-,�
Legal:
Refer to land Title Co (Everett, Washington) Title Order No. B-61160 (4%77)
Owner of Record: Union Heating+ Inc., a Washington Corporation
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PURPOSE OF THE APPRAISAL
The purpose of this appraisal is to estimate the Market Value as of the 30th day of „ 4
t5
April, 1977. �.
CERTIFICATION
I hereby certify I have no interest, present or contemplated, in the property appraised and that ;kr,
neither the employment to make the appraisal, not the compensation, is contingent on the value of the
property. I certify that I have personally Inspected the property and that, according to the best of my wez
knowledge and belief, all statements and Information in the report are true and correct and that no
Information has knowingly been withheld. This appraisal report Is subject to the contingent and Ilmiting
conditions contained herein. s
In my opinion, the Market Value, as defined herein, of the property as of the 30th day of
April, 1977 Is $ 175,000e00, a breakdown of land and buildings:
Land $57,000 add Improvements (buildings etc.) $118,000 equals $17�.
Respectfully submitted, t
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DAVID F. SPIERS, S.R.A.
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Market Value Definition: �y�,,di,�T .,�a r 9-'-10
Market value is the highest price, estimated In terms of money, which a property will bring if exposed tt
for sale in the open market, allowing a reasonable time to find a purchaser who buys with the know- 1
ledge of all uses to which it is adopted and for which it is capable of being used. : G
American Institut. of Real Estate Appraisers, Appraisal Terminology and Handbook. t ?
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Page No. 1 of 10 Pages
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Definition of Highest and Best Use
The most profitable likely use to which a properly can be put. The opinion of such use may be based on the highest and
most profitable continuous use to which the property Is adopted and needed, or likely to be In demand in the reasonably near
future. However, elements affecting value which depend on events or a combination of occurrences which, while within the
realm of possibility, are not fairly shown to be reasonably probable, should be excluded from consideration. Also, if the In-
tended use Is dependent on an uncertain act of another person, the Intention cannot be considered.
American Institute of Real Estate Appraisers, Appraisal Terminology and Handbook.
CONTINGENT AND LIMITING CONDITIONS
I assume no responsibility for matters legal In nature, nor do I render any opinion as to the title, which Is assumed to be
marketable. The property is appraised as though under responsible ownership.
The sketch In this report is included to assist the reader in visualizing the properly, and I assume no responsibility for
Its accuracy. 1 have made no survey of the property.
I am not required to give testimony or appear In court because of having made this appraisal, with reference to the pro-
perty in question, unless arrangements have been previously made therefor.
The distribution of the total valuation In this report between land and Improvements applies only under the existing pro-
gram of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal
and are Invalid It so used.
1 assume that there are no hidden or unapparent conditions of the properly, subsoil or structures which would render It
more or less valuable. i assume no responsibility for such conditions or for engineering which might be required to discover
such factors.
Information, estimates and opinions furnished to me and contained in this report were obtained from sources considered
reliable and believed to be true and correct. However, no responsibility for accuracy can be assumed by me.
Neither all nor any part of the contents of this report, or copy thereof, shall be used for any purpose by any but the client
without the previous written consent of the appraiser and/or of the client; nor shell it be conveyed by any Including the client
to the public through advertising, public relations, news, sales, sales or other media, without the written consent and approval
of the author, particularly as to valuation conclusions, the Identity of the appraiser, or a firm with which he is connected, or any
reference to any professional society or institute or any Initialed designations conferred upon the appraiser.
This appraiser has relied on statements made by certain City of
Edmonds officials that relate to zoning and a written agreement
concerning the continued use of the buildings for commercial or
industrial uses. In so far as possible this "agreement" was
confirmed by the appraiser in phone conversations with the
officials and as discussed with Union Heating Company.
This appraiser assumes no responsibility for changes in the
agreement, city policy or authority. Public records tend to
support this agreement as set forth in the county assessor's
records, a copy of which is included in this report for reference.
The appraiser has based the economic life remaining upon the con-
tinued use allowed, and based the land valuation upon the actual
zoning and highest and beat use of the property.
Page No. 2 of 10 Pages
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COMMUNITY AND NEIGHBORHOOD
Edmonds and Lynnwood have a strong economy with about 92% employment. In
1976, an historically high number and dollar volume of residential real
estate sales was recorded. There were a number of small business starts.
Apartment house construction has started up once again after a total
absence for 6 years. Rents are low compared to the rising costs of con-
struction, and it is a struggle to obtain apartment construction financing.
Land prices are nearly the same on multiple-zoned land as in the "Boeing
Boom" period of 1968-69. Commercial land prices have a tendency to be
more stable and simply rise slowly
The street on which the subject is located, 196th S.W., has established
itself as "strip commercial." In this immediate neighborhood, the land
uses are almost all apartments or condominiums. Zoning along 196th S.W.
is multi-family or apartment. The City of Edmonds will allow the non-
conforming commercial use of the subject property until 1986, at which
time the use must conform or the City will take legal action. Please
refer .to the discussion of "highest and best use" of the site following.
In the interim, continued demand for commercial space is evident in the
community.
SITE
Two parcels comprise the site: Parcel "A" is 144 feet X 620 feet, or
a land area of 89,280 square feet (approximately 2.05 acres). The
144 feet front on 196th S.W.,--a major arterial. Parcel "B" is 66 feet
X 300 feet, or a land area of 19,800 square feet (approximately 0.45
acres). Please refer to the site sketch.
The zoning is "RML" or residential multi -family low density by the
authority of the City of Edmonds. The RML zoning extends 144 feet along
196th S.W. and 310 feet north. The balance is zoned "RS" or single
family residential.
Page No.3 of 10 Pages
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The "Highest and Best Use" of the property is the present use until 1986,
after which time the building use must conform to the zoning code.
(Source of information regarding zoning is Joe Wallace from the City of
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Edmonds Community Development Department. Phone: 775-2525)• The
back portion of the land could be developed to a single family residential
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use of low-cost housing. Future possible uses of the buildings which
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might possibly be a clinic or professional offices.
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IMPROVEMENTS
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DESCRIPTION OF IMPROVEMENTS
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Building #1, which is the front building situated closest to 196th S.W.,
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is a concrete block building built on a concrete slab foundation in 1956.
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The entire building is 40' X 801, or 3,200 square feet, on the main floor
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level. The front portion, 40' X 40', (1600 square feet) is two stories
with offices on the ground floor and two apartments on the second level.
75stJky
This adds 1,600 square feet of gross rental area. The balance of building
number 1 is industrial in nature with high ceilings and gas overhead
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heaters. The front portion has electric baseboard heat. The condition
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is now "good" in the offices, and considered "fair" in the apartments
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and shop areas. The building has a good hot tar roof,
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Building #2 is a concrete building on a concrete slab floor also, and was
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built in 1961. It was originally 50' X 100' with an additional 60' added
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in 1963. The total building size is now 50' X 1601, or 8,000 square feet.
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The front, southwest corner of the building (20' X 30`) is a two-story
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structure with offices on two levels. The second floor could be used for
apartments, but is presently unused office space.
The Remaining Economic Life of these buildings is limited to 9.5 years,
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as established by the City of Edmonds zoning authority.
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Page No. 4 of 10 Pages
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IMPROVEMENTS
The current uses of these buildings includes two apartments; Union
Heating Company use of offices and storage; and two tenants --Astro
Electric and Eastwood Cabinets.
The interior details are as foli.ows: Building #1 has a front office
with panelled walls, carpeted floors, tile ceiling and electric heat
i
and is modern and attractive. There is a storage room, hall and two
rest rooms with plasterboard walls and ceiling. There are two more
offices and a drafting room / office. A conference room and a second
storage room complete the front 1600 square feet of the front of the
building. The back half, or 1,600 square feet, is unfinished shop
with two roughed -in electrical rooms for wiring and a stairway to a loft
balcony and a roughed -in room with a cold water tap.
Building #2 has two finished offices on the second floor with vinyl
tale floor, plasterboard walls and floureseent lights in the ceiling.
Both are in "fair" condition. The second floor has one restroom.
The main floor has a shop and storage area with 716" headroom, then a
shop, machine room, cabinet shop and storage on a loft. Gas overhead
heaters and one rest room are in the cabinet shop. In the front portion.
I rest room has a the floor, wash basin and 3 toilets- Inside the
building there is 1 overhead door, 201 wide, for the addition that was
added after the original construction. The cabinet shop has a concrete
floor with one overhead door at the back of the shop.
The rent on this building seems very low for a comparable rent on
heated warehouse space is 100 to 120 per square foot per month. The
space is currently rented for 6.$0 per month.The location is a consideration
and this probably accounts for the low rent.
ssE11gg4
Page No. S of 10 Pages
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THE APPROACHES TO "LLIE '
1 There are three basic approaches that may be used by appraisers in the estimation of Market Value. These three
approaches provide data from the market from three different sources when all are available. These three approaches are the
Direct Sales Comparison Approach, the Gross Rent Multiplier Analysis (if a residential property) or the income Approach (if
an investment property), and the Cost Approach.
Normally, these three approaches will each indicate a different value. Alter all the factors In each of the approaches have
been carefully weighed, the Indications of value derived from each of the approaches are correlated to arrive at a final value c
estimate.
When the appraiser excludes one of the three approaches, he will explain the reason why the approach was not applicable. .
DIRECT SALES COMPARISON APPROACH
This approach has as its premise a comparison of the subject property with other properties of a similar design, use and
uHilly that have sold in the recent past.
To Indicate a value for the property, adjustments are made to the comparables for differences with the subject.
COMPARABLE SALES This appraisal considers that there have been no whole t,
property or improved sales that are comparable to the
subject. It is noted that the subject was just purchased for $160,000 and
that since the purchase, the owners have spent about $10,000 in repairs
and deferred maintenance to the property. The appraiser has researched all
the land sales from 44th West along 196th West, on both sides, and commercial �.
areas off 196th from 212th S.W. to 184th on the north. The land sales are
as follows:
SALE #1 - 5/3/72; vacant lot next door to the east; the Cassell
property sold
for $80,000 but was repossessed on 9/28/73 in a deed in -lieu of
forefeiture. This site is 120 front feet, at or above grade, on
196th X 620 feet in depth, plus a parcel 66, X 601, for a total
area of 78,360 square feet, selling for approximately $1.02/SF in 1972.
SALE #2 - 12/28/76; the subject was purchased for $160,000. The land size is a
total of 109,080 square feet with only 44,640 square feet zoned RML
and the balance residential. The analysis of this purchase as it f"
relates to the land is: {) '
1.48 acres zoned RES @ $8,125/acre _ $12,025
1.024 acres zoned RML @ $43,560/acre - 44,640
TOTAL LAND VALUE: . . . . . . . . . . . . . $56,665
This RML zoned land is estimated at $1/S.F. and the land was
bought and sold on a square foot basis.
SALE #3 - Residential zoned land 300 feet west of 88th and on 194th St. S.W.
sold 1977. 2 acres sold for $16,250 or $8,125/ acre. Seller:
Hartness - selling single family residential zoned land with similar
public utilities as subject.
r
SALE #4 - Commercial land on 200th S.W., west of 64th West about 630 feet on
240th S.W. located on the north side. Size: 165' X 630', or 103,950
SF, or, 2.386 acres sold for $75,000 in 1976 @ roughly 72¢/SF. This
is not as good a location as the subject.
SALE #5 - Land sale east of 66th West and on the north side of 212th SW, parcels
ANALYSIS OF DIRECT SALES COMPARISON APPROACH: RML zoned land is also analyzed
by the number of units (apartments) per acre. The allowance is set by the
zoning code. The subject has 44,640 square feet of RML zoned land, or, 1.024
acres. This would allow 24 maximum units with 1 unit on 1,860 square feet of
land area. The "going price" of apartment land is $1,500 per unit. Units -;
24 X $1,500 per unit equals $36,000. The residential land as established in 1;
the market sales at $12,000 equals a land value of $48,000. However, the land
is not vacant and it does have a commercial use. Therefore, the higher value
is based upon the conditional use. In my opinion, the value is about $1.000 "JI.
per square foot and the total land value of the subject is $57,000.
"RS" zoned land - 1.48 acres @ $8,125 per acre = $12,000
"RML" zoned land - 1.024 acres or 44,640 S.F.
$1.00 per S.F. _ $44,640
ESTIMATED LAND VALUE $56,640
ROUNDED TO: 57:000.00
VALUE INDICATION BY THE DIRECT SALES COMPARISON APPROACH $
Page No.7 of 10 Pages Land portion only.
• No'a. 4-020 and 4-021 sold. The size was 165, X 310', or, a total of 51,150 S.F
1.174 acres sellingfor $36 000 or 0.36
• 7 per square foot.
GROSS RENT MULTIPLIER ANALYSIS OR INCOME APPROACH
The Gross Rent Multiplier Approach has as Its premise the translating of monthly rental value Into an estimate of
capitalized Income by the use of rent multipliers which reflect the probable quality and duration of the amenity returns . in
future years. For residential properties the Gross Rent Multiplier Analysis Is regarded as the Income Approach because It
Is based on the capacity of the residence to produce rental income.
The Income Approach as used for Investment properties has as its premise the estimation of the amount of the net In-
come, which when capitalized In a manner that Is commensurate with the risk and the file expectancy of the improvements
will Indicate the present value of the Income stream.
Rental Income: Two apartments - $185.00 per month each total $370.00
Lease to Astro Electric per month 550.00
Month to Month Rental to Eastwood Cabinets 550.00
Estimated rental value of space for Union .....400.00
Total Monthly Economic Rent - Gross = S1,87o.00
Potential or renting two vacant offices over the shop bldg.
economic rent $85.00 per month for each of 2 units total 170.00 r F
Total Monthly Income Potential 82040.001+ i53t}
Annual Gross Potential
524,480.00
Less:Vacancy and credit allowance 10%
2,450.00
Effective Gross Income
$22,030.00
Less: Expenses, as follows
1977 Real estate taxes
$669.38
Fire Insurance Estimated
720.00
Personal Property Tax
30.00
Utilities estimated
360.00
Lights actual
294.30
Gas actual
531.96
Garbage
212.52
Maintenance estimated
600.00
Total Expenses and Estimated Expense
$3,418.16 .......
3,418.16
Net Income
$18,611.84
Divide by an overall capitalization rate of 11%
$18,611.84 x ,11 - $169,198.55 round to $169,200.00
The capitalization rate considers the rate of recapture of 6.74%
returning about 10% of the improvements value each year for a 10
year period - $118,000 improvement value portion is 67.4% of total
value of $175,000 and each of 10 years geturn is simply 6.74%. &
a return on the investment of 4.26% - however, the rents are low &
even at the end of ten years the buildings will be left standing,
only the uses will have to change. Furthermore, the land is expected
to appreciate or rise in value. The appreciation in land value and
rent accounts for what seems to a small return to the investor. I
cnnsider the overall rate of 11% a typical rate found in the market.
VALUE INDICATION BY THE GROSS RENT MULTIPLIER OR INCOME APPROACH $ 169,200.00
Page No. 8 of 10 Pages
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CORRELATION OF VALUE INDICATIONS
Land Only: $ 57,000
DIRECT SALES COMPARISON APPROACH $ TOTAL PROPERTY: $175,000
GROSS RENT MULTIPLIER OR INCOME APPROACH $ $169,200
COST APPROACH $ $177,700
Since a determination of land value is a major concern in this
appraisal, much emphasis has been placed on researching comparable
land sales. Very few land sales were found, despite an intensive
and extensive search. One reason for the lack of sales is the high
cost of development, and is compounded by environmental restrictions
particularly relating to drainage and the rent levels in the Edmonds
area.
While this appraiser has relied upon the market comparison approach,
the cost approach less a "reasoned estimate of depreciation° was
found to be the reliable indication of value. The income was
analyzed and the income valuation was used as a method of checking.
the estimate of value. It was noted that a sale price was just paid
for the subject amounting to $160,000, and that the owners have now .
spent about $10,000 on the property. The two tenants, and their own
use of the space was considered.
FINAL VALUE CONCLUSION
Based upon the data contained in this report, the estimated Market Value of this property as of the 30 day
of April 79 77 is $ 175,000.00.
Page No. 10 of 10 Pages;•
AEAL ESTATE CONTRACT +
(FORM A-1964) RECORDED BY,
SAFECO r LAND TITLE CO.
JAN 4 1977 9 A
THIS CONTRACT, made and entered into this 28th day of December, 1976 HENRY S. WHALEN, AUDITOR
di between E. C. COLLIER and BARBARA M. COLLIER, husband and wife SNOHUMIStje
CUUttI ;.H.
O hereinafter called the "seller," and DEPUTY
UNION HEATING, INC., a Washington corporation
hereinafter called the "purchaser,'
1� WITNESSETH: That the seller agrees to sell to the purchaser and the purchaser agrees to purchase from the seller the following described
t.v real estate, with the appurtenances, in Snohomish County, State of Washington:
PARCEL A: The East half of the Southwest quarter of the Southeast quarter of the
Southeast quarter of Section 18, Township 27 North, Range 4 East, W.M.,
EXCEPT the East 186 feet thereof and
EXCEPT 196th Street SW.
PARCEL B: The East 66 feet of the North 300 fleet of the West half of the Southwest
quarter of the Southeast quarter of the Southeast quarter of Section 18, Township 27
North, Range 4 East, W.M.,
All situate in the County of Snohomish, State of Washington.
Subject to: License for construction of cut and/or fill slopes granted to City of
Edmonds over Parcel A by instrument recorded January 13, 1976 under AP# 2370908.
The tarrns a -rd opnditions of this contract are as follows: The purchase price is ONE. HUNDRED SIXTY THOUSAND and no/100ths
..---..- i'..•--.T'��•^-------------..----.... ---------------------------
f$ 160, 000.00 ) Dollars, of which
TWENTY PIVF THOUSAND and no/100ths------------------------------is 25,000.00 )Dollar:nave
been peid,'the receipt whereof is hereby acknowledged, and the balance of said purchase price shall be paid as foliowa:
0 �THOUSiiD.dNE HUNDRED SEVENTY ONE and 57/100ths-----------------
• .,s1,171.57 ) Dollars,
mor@ at orchal er'a option, on or before the 20th day of January , t4 77 ,
and ONE THOUSAND ONE HUNDRED SEVENTY ONE and 57/100ths------------ 1$ 1,171.57 ) Dollars,
or more at purchaser's option, on or before the 20th day of each succeeding calendar month until the balance of said
purchase price shall have been fully paid, The purchaser further agrees.to pay interest on the diminishing balance of said purchase price at the
EfIGHT and 4nT/£
rate oper cent per annum -from the 3rd day of January 1977 ,
which interest shalt be deducted from each installment payment and the balance of each payment applied in reduction of principal.
All payments to be made hereunder shall be made at City Bank
or at such other place as the sellar may direct in writing. 19510 58th West Lynnwood, Washington 98036
'•fin, ALL TERMS AS SCHEDULED ABOVE, EXCEPT PURCHASER HEREIN AGREES TO MAKE NO MORE THAN 29%
PAYMENTS TOWARD PRINCIPAL DURING THE CALENDAR YEAR 1977. RE& ESTATE
4T
AMOUNT PAID �G d •GE'
RECEIPT NO -5:1...,_„
JAN 4 1977
NN 31 SIRWA Coo Tren a[
As referred to in this contract, "date of closing' shall be !_ _Deputy
January 3, 1977
(1) The purchaser assumes and agrees to pay before delinquency all taxes and assessments that may as between grantor and grantee
hereafter become a lien on said real estate; and if by the terms of this contract the purchaser has assumed payment of any mortgage. contract or
other encumbrance, or has assumed payment of or agreed to purchase subject to, any taxes or assessments now a lien on said real estate, the
ourchaser agrees to pay the same before delinquency.
12) The purchaser agrees, until he ourchose price is fully paid, to keep the buildings now and hereafter placed on said real estate insured to
the actual cash value thereof against toss or damage by both fire and windstorm in a company acceptable to the seller and for the sehe,'s
benefit, as his interest may appear, and to pay all premiums therefor and to deliver all policies and renewals thereof to the seller.
(3) The purchaser agrees that full inspection of said real estate has been made and that neither the seller not his assigns shall be held to any
covenant respecting the condition of any improvements thereon nor shall the purchaser or seller or the assigns of either be held to any covenant
"—mragreemanr-for alterations, improvements or repairs unless--the-covenantor agreement refiad-an-ireomamed herein Of is in writing and -
attached to and made a part of this contract.
(4) The purchaser assumes all hazards of damage to or destruction of any improvements now on said real estate or hereafter placed thareon,
and of 'the taking of said real estate or any part thereof for public use; and agrees that no such damage, destruction or taking shall constitute a
failure of consideration. In case any part of said real estate is taken for public .se, the portion of the condemnation award remaining after
payment of reasonable expenses of procuring the same shall be paid to the seller and applied as payment on the purchase price herein unless the
seller elects to allow the purchaser to apply all or a portion of such condemnation award to the rebuilding or restoration of any improvements
damaged by such taking. In case of damage or destruction from a peril insured against, the proceeds of such insurance remaining after payment
of the reasonable expense of procuring the same shall be devoted to the restoration or rebuilding of such improvements within a reasonable
time, unless ourchaser elects that said proceeds shall be paid to the seller for application on the purchase price herein.
(5) The seller has delivered, or agrees to deliver within 15 days of the date of closing, a purchaser's policy of title insurance in standard
form, or a commitment therefor, issued by SAFECO Title insurance Company, insuring the purchaser to the full amount of said purchase price
against loss or damage by reason of defect in seller's title to said real estate as of the date of closing and containing no exceptions other than the
following:
a. Printed general exceptions appearing in said policy form:
b. Liens or encumbrances which by the terms of this conuact the purchaser is to assume, or as to which the conveyance hereunder is to be
made subject; and
c. Any existing contract or contracts under which seller is purchasing said real estate, and any mortgage or other obligation, which seller by
this contract agrees to pay, none of which for the purpose of this paragraph i51 shall be deemed defects in seller's title.
(5) if seller's title to said real estate is subject to an existing contract or contracts under which seller is purchasing said real estate, or any
mortgage or other obligation which seller is to pay, seller agrees to make such payments in accordance with the terms thereof, and upon default,
the purchaser shall have the right to make any payments necessary to remove the default, and any payments so made shall be applied to the
payments next failing due the seller under this contract,
5 ±
(7) The seller agrees, upon receiving full payment of the purchase price and interest in the manner above specified, to execute and deliver to
fulfillment
purchaser a statutory warranty dead to said real estate,. excepting any
` part thereof hereafter taken for public use, free of encumbrances except any that may attach after date of closing through any person other
than the seller, and subject to the following::Y t�
License for Construction of cut and/or fill slopes granted to City of Edmonds over
Parcel A by instrument recorded January 13, 1975 under Auditor's File No. 2370908.
19) Unless a different date is provided for herein, the purchaser shall be entitled to possession of said real estate on date of closing and to
retain possession so long as purchaser is not in default hereunder. The purchaser covenants to keep the buildings and other improvements on
said real estate In good repair and not to permit waste and not to use, or permit the use of, the real estate for any Illegal purpose. The purchaser
covenants to pay all service, installation or construction charges for water, sewer, electricity, garbage or other utility services furnished to said
real estate after the date purchaser is entitled to possession.
(9) In case the purchaser falls to make any payment herein provided or to maintain insurance, as herein required, the seller may make such
payment or effect such Insurance, and any amounts so paid by the seller, together with interest at the rate of 10% per annum thereon from date
of payment until repaid, shall be repayable by purchaser on seller's demand, all without prejudice to any other right the seller might have by
reason of such default.
(10) Time is of the essence of this contract, and it is agreed that in case the purchaser shall fail to comply with or perform any condition or
agreement hereof or to make any payment required hereunder promptly at the time and in the manner herein required, the seller may elect to
declare all the purchaser's rights hereunder terminated, and upon his doing so, all payments made by the purchaser: hereunderand all -
Improvements placed upon the reel estate shall be forfeited to the seller as liquidated damages, and the seller shall have right to reenterand
take possession of the real estate; and no waiver by the seller of any default on the part of the purchaser shall be construed as a waiver of any
subsequent default,
Service upon purchaser of all demands, notices or other papers with respect to forfeiture and termination of purchaser's rights may be made
by United States Mail, postage prepaid, return receipt requested, directed to the purchaser to his address last known to the sailer.
(11) Upon seller's election to bring suit to enforce any covenant of this contract, including suit to collect any payment required hereunder,
the purchaser agrees to pay a reasonable sum as attorney's fees and all costs and expenses in connection with such suit, which sums shall be
Included in any judgment or decree entered in such suit.
If the seller shall bring suit to procure an adjudication of the termination of the purchaser's rights hereunder,. and judgment is so entered,.
the purchaser agrees to pay a reasonable sum as attorney's fees and all costs and expenses in connection with such suit, and also the reasonable
cost of searching records to determine the condition of title at the date such suit is commenced, which sums shall be Included in any judgment
or decree entered In such suit.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first written above.
iGMer is
(SEAL)
ier
—IN F T G .INC , a shington Corporation
y �_» ^ (SEAL)
STATE OF WASHINGTON, -
.t�rISEALI
Cougty gf,;.q l homish
.......
... ally appeared before me
E. C. Collier and Barbara M. Collier
• oto $iaiktlyiu�,?c thdindividual S described in and who executed the within and foregoing instrument, and acknowledged that
signed the same as their free and voluntary act and deed,
for the, u as fherain mentioned. .
GI VEN�uFl r. 'y hand and official seal this ✓ day of
Notary hibiic to a jor the rare of leasirilgton
residing at `
SAFECO TITLE INSURANCE COMPANY
SAMCO
Filed for Record at Request of
Escrow.Department
NAME - Land Title Co, of Snohomish County, Inc.
ADDRESS P. 0: Box 1145 1506 Wall
CITYANDSTATE Bverett, Washington 982,06
77010400 51
THIS SPACE RESERVED FOR RECORDER'S USE
FACE
CHARLES W. SHEPHERD
JAMES W. DAVENPORT
SHEPHERD 8 DAVENPORT
ATTORNEYS AT LAW
112 THIRD AVENUE SOUTH
EDMONDS, WASHINGTON 98020
August 2, 1977
City Council and
Planning Commission
City of Edmonds
Rea Cassell Addition
P-3-77
Gentlemen$
On behalf of Union Beating, Inc., the contiguous
property owner to the proposed five lot plat of Cassell
Addition, we must strongly object to the said proposal for
the following reasons$
1. The plea, as proposed, landlocks a Mise-
able portion of the Union Boating, Inc -
property which is presently sonsd for
residencest
2. The alternate to provide accessthrou h
commercial property is too cost
not feasibles
3. The proposed action reduces the value of
the present property of Union treating
up to SO♦a
d. The proposed action jeopardizes pending
sales and development of the Union
Beating, Inc. property*
We urge the City of Bdgonds, by and through its
City Council and City planning Department, to deny the
proposed Cassell Addition plat referred to as Pile P-3-77.
Very truly yours,,
Charles We Shepherd
CWSaah
1�W9w t
1 1 i t t"Cw�^�Y
5 { F
Curtis N. Martin, President J\�'� SAND GRAV61YGRUS{E
r-�M
111
Phone. (206) 778.3106 EXCA�/AT1NG tFSI
TRUCKING.
Y7
2915 Alderwood Mall Blvd.
LYNNWpOD, WASHINGTON 98036 4
r�r
September 24,;1985
Bob Midkiff
`
7833 - `196th St. S. W.
Edmonds,, WA 98020
P.R0P0S"Ah_
Removal"of 2 buildings and all asphalt from 7833 -.196th
21, 780 :, Square Feet' of Asphalt
I building 90 x 45
w bailding 186 x 60
\To permits J ncluded,
'ojtal Bid .....a ..... . .$361883.: 1.6
Plus applicable taxes
Acceptiai of this proposal must be recieeved:by C. Martin'Trucktnq"
r c�,xr 30. 1985'
i�
;.'L1I't15 IST. M%3l"tiYl',
{
Pres -dent
lcc
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P.O. Box 308 Edmonds, Washington 98020 U.S.A.
(206) 775-4588
July 13, 1979
L-849
Snohomish County Board of Equalization
Everett, Washington
PARCEL: 182704-4-043-0006
SUBJECT: 1979 Tax Appraisal
if
We feel that the appraised value on our property and more im—
portant on our two buildings is excessive under the special
conditions placed by the City of Edmonds.
Drawing No, 6231, Sheet No. 6 shows that this parcel in fact
has two different zone requirements. The front half is zoned
RML and borders on 196 SW, while the second half is zoned RS -8
and is landlocked.
�.
The buildings on the front half are nonconforming and do not lend
themselves to be made into apartments. The buildings will not
take a second floor. It is questionable if the city would
allow another professional center in the area. On June 20,
1979, a conditional use permit was approved for one lot east
of us with restrictions.
The city also will not issue a building permit for additions
to existing structures. We have no alternative but to tear
down the buildings by May 3, 1986, and subtract that cost from
the value of the property.
L
Snohomish County Board of Equalization
July 13, 1979
Page Two
The county entered into a verbal agreement with the former
owner, Yr, Jim Collier, that if the City of Edmonds would issue
a letter confirming the economic life of the buildings, the tax
base for the buildings would decline to zero by 1986. Rental
of these buildings will be difficult during 19$5.and 1986, due
to the deadline.
The back section of the lot is zoned RS -8, for private homes
only, and was completely landlocked when the city allowed the
road coming in from the east to be vacated, over our protests.
We had an attorney help us in that matter.
Drawing No, 6231, Sheets 1 and 3 show several methods of ob-
taining access to the lots. Sheet No. 1 shows by buying a lot
with a home to the west at $65,000 and including a small parcel
of land 66, x 300', which we own, we can realize six lots. The
cost of the access property, moving that house and installing
a 40' right-of-way puts the cost of the lots very high. We '
tried to get $10,000 per lot for the five lots and everyone
just laughs.
An alternative is shown on Sheet No. 3, which indicates a 40'
right-of-way through RMS property. The RMS property loses
seven potential apartments and cuts value of the front lot by
one-third. This again loads the back lots to a point that we
would have to place the present value per lot at zero.
We, therefore, wish to submit that, under normal conditions we !
would have no argument with the appraiser's value as it looks
i
very fair but, due to the definite restrictions placed on us
i
by the City of Edmonds, we must protest.
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1�71/yl,P6_
PETITION TOTHE CITY OF EDMONDS
FOR AN EXTENSION OF AN EX 'IS` lNG
NON -CONFORMING USE
The undersigned owners and/or purchasers of the property
bearing the common address set forth opposite each respective
signature. do herewith petition the City of Edmonds to grant
ROBERT AND HELEN MIDKlFF, as owners of that certain real
property in Snohomish County, Washington to -wit:
The East half of the southwest quarter of the
southeast quarter of the southeast quarter of section
18, township 27 north, range 4 eAST, W.M. .
Except the east 186feet thereof and except 196th street S.W.
and The east 66 feet of the north 300 feet of the west
half of the southwest quarter of the southeast quarter
of the southeast quarter of the section 18, 'Township 27
north, Range 4 east, W.M.
All situated in the County of Snohomish, State of
Washington.
(commonly known as 7833 -196th street S.W , Edmonds)
an extension of the present non -conforming use of said
property. By our signatures below we petition the City to
permit this non -conforming use for a period of 60 months beyond
the present deadline of May 3, 1986.
Signature Name Printed Address Phone
-1 j INVAd � S%Nwi iNio 1 P M&0,11 _'P
7
J-4 k
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0
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D2 I P t A'5 5 W
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sr 7 92-o - 1 ?3 R -D R, S', W 77 - 95
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3_6#A)66o -M�o- 123-p/-:5.60. -714
00
1w_ 77791
t
PETITION TOTHE CITY OF EDMONDS
FOR AN EXTENSION OF AN EX 'ISTING
NON -CONFORMING USE
The undersigned owners and/or purchasers of the property
bearing the common address set forth opposite each respective
signature. do herewith petition the City of Edmonds to grant
ROBERT AND HELEN MIDKIFF, as owners of that certain real
.:
property in Snohomish County, Washington to -wit:
The East half of the southwest quarter of the
southeast quarter of the southeast quarter of section
18, township 27 north, range 4 eAST, W.M.
Except the east 186feet thereof and except 196th street S.W.
and
;
The east 66 feet of the north 300 feet of the west
half of the southwest quarter of the southeast quarter
of the southeast quarter of the section 18, 'Township 27
north, Range 4 east, W.M.
All situated in the County of Snohomish, State of
Washington.
(commonly known as 7833 -196th street S.W , Edmonds)
an extension of the present non -conforming use of said
property. By our signatures below we petition the City to
f'
permit this non -conforming use for a period of 60 months beyond
the present deadline of May 3, 1986.
gnatu.e Name Printed Address Phone
t�i7rvtdtiJs
u.�
s-
-7 -7
�:: f�/rUt✓!r 5
U�t111� y�U %�1�1� 06tH SW 13
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7 * 1A74'
-,
,G:
1_211�11,R6—
PETITION TOTHE CITY OF EDMONDS
FOR AN EXTENSION OF AN EX'ISTlNG
NON -CONFORMING USE
The undersigned owners and/or purchasers of the property
bearing the common address set forth opposite each respective
signature. do herewith petition the City of Edmonds to grant
ROBERT AND HELEN MIDKIFF, as owners of that certain real
property in Snohomish County, Washington to -wit:
The East half of the southwest quarter of the
southeast quarter of the southeast quarter of section
18, township 27 north, range 4 eAST, W.M.
Except the east 186feet thereof and except 196th street S.W.
and The east 66 feet of the north 300 feet of the west
half of the southwest quarter of the southeast quarter
of the southeast quarter of the section 18, Township 27
north, Range 4 east, W.M.
All situated in the County of Snohomish, State of
Washington.
(commonly known as 7833 -196th street S.W , Edmonds)
an extension of the present non -conforming use of said
property. By our signatures below we petition the City to
permit this non -conforming use for a period of 60 months beyond
the present deadline of May 3, 1986.
Signature Name Printed Address Phone
-27
9,;!2 2 Pe- 27Y-5- -3
6_.fflff:,
�' VJALDj3�V_66TZ._
A -
(z 5W
5b
7
PETITION TOTHE CITY OF EDMONDS
FOR AN EXTENSION OF AN EXISTING
NON -CONFORMING USE
The undersigned owners and/or purchasers of the property
bearing the common address set forth opposite each respective
signature. do herewith petition the City of )Edmonds to grant
ROBERT AND HELEN MIDKIFF, as owners of that certain real
property in Snohomish County, Washington to -wit:
The East half of the southwest quarter of the
southeast quarter of the southeast quarter of section
18, township 27 north, range 4 eAST, W.M.
Except the east 186feet thereof and except 196th street S.W.
and
The east 66 feet of the north 300 feet of the west
half of the southwest quarter of the southeast quarter
of the southeast quarter of the section 18, Township 27
north, Range 4 east, W.M.
All situated in the County of Snohomish, State of
Washington.
(commonly known as 7833 -196th street S.W , Edmonds)
an extension of the present non -conforming use of said
property. By our signatures below we petition the City to
permit this non -conforming use for a period of 60 months beyond
the present deadline of May 3, 1986.
Signature c r� Name Printed Address Phone
77 7
~ .'`�GIeA/0 11111..4 11cf ���rao VG1vtzri.4-7kZS�A )QI SLc.J '7716 7'�`6
CITY OF EDMONDS LARRY S. NAUGHTEIN!,,;,
250 5th AVE. N. EDMONDS, WASHINGTON 98020 P6) 771- 3202
MAYOR
COMMUNITY SERVICES PETER E. HAHN
1985
uly 25,
J L/Tl:
P.O. Box 308
Edmonds, WA 98020
pE: EXPIRATION Op NoN-CONFORMING USE
This letter is to notify YOU that the present commercial use of your
property must be discontinued by May of next year, as required bythe
Edmonds City Code. In 1971, the City passed Ordinance 1550, which
established a fifteen year period in which non -conforming cammerclial
uses in residential zones would have to cease operation. The end of
that fifteen year period is May 3, 1986.
The Edmonds Community Development Code allows the City to consider
extending the fifteen year deadline, under the provisions outlined in
Section 17.40.010 (8). A copy of this code section is enclosed for
your information. If you decide to apply for the Extended
Awrtization, you must file your ccmpleted application for processing
before the May 3, 1986 deadline.
J
If you have questions regarding this matter, please contact Duane
Bomian, Assistant City Planner, at 771-3202, ext. 254.
Mary Lou Block
enclosure
PUBLIC WORKS PLANNING PARKS AND RECREATION ENGINEERING
t Rai
Robert & Helen Midkif.f
2000.1 76thW.
Lynnwood, WA 98036`
Complaints received against the property at 7833 196th S.W. Edmonds ry
l 1)
When we purchased this property, motorcycle use was
j
uncontrolled by the police or the original owner.
We put this under control and stopped all motorcycle usage.
2)
Water running off our roof, and the roofs of the apt. on the'
west side. There was no solution until the drainage was in-,
f
stalled across the back of the property.
i
We agreed to put a 611 line, at a cost of $4,00rich ,
drains along the fence with the apt. owners. en 1 came
time to pay, they refused. We paid the whole thing with no.
continued dispute on our part.'
3)
Mr. -&-Mrs. Woods, at 7923 194 PL. S.W., complained'about.large
quantities of surface water comming across their lat", threat-
ening to wash aboder the foundation of their home. It was, bad.
We hired two men in the rain to install a temporary 6" flex
line to drain this water around their home and down to :the
ss
1
street. The Woods proved no monies or help in this project.
We found that the water was coming across our property,.from
the east, over the concrete wall, thru hoses and thru holes
drilled in the wall by unknown persons.
The city asked for an easement across our property, for a
1211 culvert and 3 manholes. This we gave with out cost to
{the
city, as there was no other reasonable solution for .the
i
homes to the east and to the west of us.
The city worked with us until completion. The contractor
never leveled the ground and also left the manholes above
grade so little or no drainage could occur. After several
I
complaints from us and our neighbots, we gave up. The, job
is still not complete.
We had dirt brought in to minimize the water drainage of our
property on to the lots to our west, including the Woods
property.
4)
From time to time Mr. and Mrs. John Couilliard, call about
unsightly trash collecting in our yard. We get on our renters
and they clean it up.
We share in the cost for the large dumpster used:by the back
,i
building to provide trash removal. We appreciate the call
and see that it is normally taken care of in a week.
5)
Mr, Gary Greig, of 7802 194S.W. is home all day and has just ..
had major surgery, He and his wife have complained about
noise and bad language by the employees on the back ,buildirig
We have asked them to call us at any hour about this, and
k
F
4 LEGAL DESCRIPTION OF PROPERTY IN QUESTION'
;S
4
fhe Southwest
The East half of the
quarter of the
Southeast quarter of the Southeast quarter_ of Sect%n
;. 18. Township 27 North, Range,4 East, W:M.
EXCEPT the East 186 feet thereof and
EXCEPT 196th Street S.W.
a n8
The East 66 feet of the North 300
feet of the We,sC
half of the Southwest quarter of `the
Southeast ,quarter
of the Southeast quarter. of Section
18. Township 27
. North. Range '4 East, W.M.
All 'situate in the County of Snohomisri, State' of
Washington.
i (Commonly known as 7833 196th Street, S.W.. Edmonds.
j
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3
to
S
.
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81 st -P L, W
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77
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80th. AVE. W.
ol
PARK ADD. TO EDMONDS (5396)
"m WA
leo IT x��'
721 -x,59
PETITION TO THE CITY OF EDMONDS
FOR AN EXTENSION,OF AN EXISTING
NON -CONFORMING USE
The undersigned, owners and/or purchasers of the property
bearing the common address set forth opposite each respective
signature, do herewith petition the City of Edmonds to grant
,ROBERT and HELEN MIDKIFF, as owners of that certain real
property in Snohomish County. Washington, to -wit:
The East half of the Southwest quarter of the
Southeast quarter of the Southeast quarter of Section
18. Township 27 North, Range 4 East, W.M.
EXCEPT the East 186 feet thereof and
EXCEPT 196th Street S.W.
and
The East 66 feet of the North 300 feet of the West
half of the Southwest quarter of the Southeast quarter
of the Southeast quarter of Section 18, Township 27
North, Range 4 East, W.M.
All situate in the County of Snohomish. State of
Washington.
(commonly known as 7833 - 196th Street, S.W., Edmonds,
an extension of the present non -conforming use of said
property. By our signatures below we petition the City to
permit this non -conforming use for a period of 36 months beyond
the present deadline of May 3. 1986.
Signature
Name Printed
Property Address
y - 0 0"Iq
.zj
7X2 I - D 1'9_6 S' /WADS lel"111
7 -7 1
J-110 C—CIL'I'l.
992 Z 2 L 5'c . 7$ryV;)j
17a/ 7 rs- 1,39-C
7-7e-7771
112-6, 634
77Y417S-
74?o-- (7"1Z,
PETITION TO THE CITY OF EDMONDS
FOR AN EXTENSION OF AN EXISTING
NON -CONFORMING USE
The undersigned, owners and/or purchasers of the property
bearing the common address set forth opposite each respective
signature, do herewith petition the City of Edmonds to grant
ROBERT and HELEN MIDKIFF, as owners of that certain real
property in Snohomish County. Washington, to -wit:
The East half of the Southwest quarter of the
Southeast quarter of the Southeast quarter of Section
18, Township 27 North, Range 4 East, W.M.
EXCEPT the East 186 feet thereof and
EXCEPT 196th Street S.W.
and
The East 66 feet of the North 300 feet of the West
half of the Southwest quarter of the Southeast quarter
of the Southeast quarter of Section 18, Township 27
North, Range 4 East, W.M.
All situate in the County of Snohomish, State of
Washington.
(commonly known as 7833 - 196th Street. S.W., Edmonds,
an extension of the present non -conforming use of said
property. By our signatures below we petition the City to
permit this n ' on -conforming use for a period of 36 months beyond
the present deadline of May 3, 1986.
44orrature I Name Printed
Property Address 77 -6 9?0.:2_
lel'yz�3'
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5u) /7
-7g 0 776, 36,f7
�9Z'7j- 19,4-111 P(. $tZ
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•- \�. 16 � 1 1 I I I I I I t I �a
J3 I Jct 20 J 122 I 23 I 4125 x
193rd. PLACE SW.
� I i
J..S�ur.�/Ir'dtAMD 16.Jse.� � ..faa.+vtoN I G'a,vrnmvr. ! !Rd'rvM.w,v�l .! arm ! � .BddJr � I `'"
i7 'r q FT
..
f� \ 8000 U 1-11,11,
i, \•� q 24 I23I I
r2 PARK DD
>�C� I
8001,
194th. Sr S W.
8000
46,
.2 d
` 6000
195th. TST S.W..
oo 'R0r �T E I7HL7�ilAI�,
r ri "I
\AW
3RD ADD. ( `�
196th. SLP S.W.
_._.....�....e.. ._. ,
T—
� 1
Data: July, 9' 1982
Client:
Robert MidkiPPi Owner
U.H.I. SYSTEMS, INC.
I
by:
David F. Spiers, S..R.A;
P.O. Box 2378
Everette WA 98203
(206) 355-0482
... _.
Y
'T r
i �.
DBI Systems, Inc.
7833 196tb S.W.
Edmonds, W83R,
Dear Mr. Midkiff:
'
Attached hereto is the appraisal of the property '
'
which is located at 7833 ~ 196tb S.W., Edmonds.
The building is occupied by DBZ and Astro Enterprise.
I have personally inspected the property, gathered ~
`
the market data and aoalyded the property for the `
market value (as defined in the report).
The appraisal has been considered as the market value `
for the property at its highest and best use, nbloh is '
commercial. The Edmonds Planning Department has said
that the property can probably remain as commercial _
for an indefinite period of time. Before finishing
construction of the second floor, one should complete _
the application for a conditional use permit. The
market value is considering the property "as lo", of
oouzoa. the "potential" is considered of the unfinished `
second floor offices in the "front building". �K
Subject to the assumptions and limiting conditions
contained herein, the market value of -the property
'
as of July 9, I982 is: �
Two Hundred Fifty Thousand and oo/IODtba--------- Dollars ^' ^
`
($250,000.00).
|
Respectfully submitted,
'
! " '
! U Davld F. Spiers, 38A
Highest and 8oat Use: The present use as commorcialoffioom`
and shops is the most economically profitable use
to uhioh the property can be put and this use will
be allowed by the City for an indefinite time.
|
Location: Northiade of 196th Street S.Q. about 1/2 block
� | from 80th West on o botow grade lot with direct
' l
�
access. ' _
!
Brief description: Lot is I441 on 196th 6W and 620" depth
'
� or 87°280 sq°ft° olue a pozool attached to the
1� 6�^ � 3OOv or l9 OOO eq.�t~ The
.
northweste nd °
| totml acreage is 2°5 aoroao more or laaa^
There are two (2) buildings on the site both of
|
which are occupied and the mostly southerly building
!
has been gutted on the second floor down to studs
The owner plsmd to complete the construction and to
`
lease or rent the additional apeoo for $600 per month. �
Appraisal: "as is" condition,, the subject property has a
\
market value of $250*000, as of July g^ 1982; that is:
)
Two Hundred Fifty Thousand F1Qe Hundred and nn/lOOtho
.
Dollars ( )=
Certification - in the report.
The Appraiser certifies and agrees that:
l^ The Appraiser has no present or contemplated future interest
in the property appraised; and neither the employment to make
the appraisal, nor the compensation for it, is contingent upon
the appraised value of the property.
2° The Appraiser has no personal interest in or bias with
respect to the subject matter of the appraisal report or the
participants to the sale. The "Estimate of Market Value" in the
appraisal report is not based in whole or in port upon 'the race,
colory or national origin of the prospective owners or occupants
or the property appraised, or upon the race, color or national
origin of the present owners or occupants of the properties in
the vicinity of the property appraised.
3^ The Appraiser has personally inspected the property, both
inside and out, and has made an exterior inspection of all
comparable sales listed in the report. To the best of the
'
Appraiser's knowledge and belief, all statements and information
in this report are true and correct, and the Appraiser has not
knowingly withheld any significant information.
4° All contingent and limiting conditions are contained herein
(imposed by the terms of the assignment or by the undersigned
affecting the analyses, opinions, and conclusions contained in
the report).
6° This appraisal report has been made in conformity with and
is subject. to the requirements of the Cuda of Professional
Ethics and Standards of Professional Conduct of the appraisal
organizations with which the Appraiser is affiliated.
�
6. All conclusions and opinions concerning the real estate that
are oat forth in the appraisal report were prepared by the
Appraiser whose signature appears on the appraisal report,
unless indicated as "Review Appraiser." No change of any item
in the appraisal report shall be made by anyone other than the
Appraiser, and the Appraiser shall have no responsibility for
any such unauthorized change.
David F. Spiers, S.R.A.
ii
CONTINGENT AND LIMITING CONDITIONS
The certification of the Appraiser appearing in the appraisal
report is subject to the following conditions and to such other
specific and limiting conditions as are set forth by the
Appraiser in the report.
l~ The Appraiser assumes no responsibility for matters of a
legal nature affecting the property appraised or the title there-
to, nor does the Appraiser render any opinion as to the title,
which is assumed to be good and marketable. The property is
appraised as though under responsible ownership.
«
2° Any sketch in the report may show approximate dimensions and
is included to assist the reader in visualizing the nroporty.
The Appraiser has made no survey of the property.
| 3. The Appraiser is not required to give testimony or appear in
�
court because of having made the appraisal with reference to the
property in quost1on^ unless arrangements have been previously
�
made therefor.
- 4° Any distribution of the valuation in the report between land
and improvements applies only under the existing program of
utilization. The separate valuations for land and building must
not be used in conjunction with any other appraisal and aro invalid
if so used.
5" The Appraiser aaawmou that there are no hidden or unappacont
conditions of the property, subsoil, or structures, which would
render it more or less valuable. The Appraiser assumes no
responsibility for such conditiona* or for engineering which
might be required to discover such factors.
6^ Information, ea±imatea" and opinions furnished to the
Appraiser, and contained in the report, were obtained from sources
considered reliable and believed to be true and correct. However,
no responsibility for accuracy of such items furnished the
Appraiser can be assumed by the Appraiser.
7. Disclosure of the contents of the appraisal report is
governed by the Bylaws and Regulations of the professional
appraisal organizations with which the Appraiser is affiliated.
8° On all appraisals, subject to satisfactory completion,
rapairmv or alterations, the appraisal report and value conclusion
and contingent upon completion of the improvements in a workman-
like manner.
lii
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IDENTIFICATION AND APPRAISAL
OSTENSIBLE OWNER
Union Heating, Inc. & U.H.I. SYstems.,.Inc.
i
PROPERTY LOCATION
7833 - 196th Street S.W.
Edmonds (Snohomish County) Washington 98020
PURPOSE OF APPRAISAL
Market Value - Settlement for Ownership'
DEFINITION OF MARKET VALUE
The highest price in terms of money which a
1.
I
property will bring in a competitive and open
market under all conditions.requisite to a
!
fair sale# the buyer and seller, each acting
prudently, knowledgeably and assuming the
price is not affected by undue stimulus.
Implicit in this definition is the consummation,
of a sale as of a specified date and the passing
of title from seller to buyer under conditions
whereby; (1) buyer and seller are typically
motivated; (2) both parties are well informed or
well advised, and each actinin what he consi-
ders his own best interest; a reaonable time
is allowed for exposure in the open market; (4)
payment is made in cash or .its equivalent; (S)
j financing, if any# is on terms generally avail-
able in the community at the specified date and
ty ical for the property type in its locale;
(6� the price represents a Normal consideration
for the property sold unaffected by special
financing amounts and/or terms, services, fees,
i costs, or credits incurred in the transaction.
i "Real Estate Appraisal Terminology "
`r
published 1975
3
v
~ � ~
PROPERTY RIGHTS APPRAISED
'
,
' .
Fee Simple Estate
APPRAISAL PROBLEM
To estimate market value under present oondltinna f,
for the buildings in "as is" condition. The '
Appraiser must consider the current zoning'
and policy of the City of Edmonds. The
Highest and Best Use analysis considers the /
buildings as they ara presently used and also
considers that the City of Edmonds will allow�!
the buildings to be occupied and used without`
change until such time as it becomes vacant
and has substantially changed.
`
The Planning Department said that the code
grants the City the right to force the owner
'
(through abatement) to make the buildings
conform to the code, as apartments, or to tear
them down after 15 years from annexation (1984)�
after legal notice and three year waiting
period which can be extended upon appeal.
However, the City does not enforce this cuda:
they allow the subject's use to continue. This
is commonly called a "grandfather clause" when
the City allows old buildings and uses to �
continue although the use does not conform to
the zoninQ
Current policy of the City Planning Department `
is that the Planning Oirector^ Mary Lou 8lockt
vi
F�tf ylr.
1;?itd.
r' can allow certain uses and in 1979, a C.P.'A. '
was granted a "conditional use" permit 'to'use;:,'
part of the building for professional offices.
Discretion of the Planning Director and City
policy can determine if building permits are
issued for the expansion of the second floor
offices in the front building. The entire
second floors unfinished remodelling - wood
framing and subfloor only - probably one-third
complete and requiring typically considerable
expenditure for labor and materials to complete. p
i
LEGAL DESCRIPTIONS 1
182704-4-043-0006.
East half of southwest quarter ofsoutheast`
quarter of southeast quarter less east 186 feet.
thereof in Section 18, Township 27, Range,4,
E.W.I., containing approximately 2
182704-4-044-0005
North 300 feet of east 66 feet of west ofn
southwest f of southeast of southeast of`.
Section 18, Township 27, Range 4, E.W.M.
containing approximately 0.45 acres, more or less.
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V11.1
FRONT VIEW
from 196th SW
showing
Collier 81ld
in front and
Bldg. 2
in back
(to the north
and right in
photo)
DEAR VIEW
Front of
property -
Collier 8ldv
Looking at
subject's
northeast
corner
PHOTOS OF SUBJECT
7833 - 196th St. SW
Edmonds, WA 98020
Gid
ix
NORTHERLY BLDG.
Looking at the
south side of the
building which is
in back of the
Collier Bldg.
REAR VIEW
of the building
at the north and
of the subject
property.
Photo looking
at the northeast
corner*
�
PHOTOS OF SUBJECT PROPERTY
x
LOOKING WEST
Driveway of the
subject property.
Next property is
Chipperfield Apts.
at 7801 — 196th Sy
Edmonds, UA
Apartments and
homes in the
neighborhood.
LOOKING [AST
PHOTOS OF SUBJECT
7633 — 196th St. SW
Edmonds, UA 98020
up 196th St" SU
Showing some
apartments and some
small office
buildings & single
family residences.
Commercial proportie
shown at the corner
of 196th St. SQ and
76th West in the
distance.
` ' \
/-` DESCRIPTION OF THE CITY AND NEIGHBORHOOD
- '
`
The Market Value of the subject property is directly �^
affected by the interest rates and the economic '
recession in Edmonds. The politioal» social and
economic forces are influencing the demand for the '
limited supply of commercial property. The policy of
the Federal Reserve Board is to consistently restrict
the money supply to cause the interest rates charged
by major banks to fluctuate around lGJ% to 17%
� (prime)~ National monetary policy of the Reagan
�
Administration is to reduce federal spending, but
actually the nation is deficit spending* and or couroe,
� the federal government is borrowing funds creating
�
compounded high rates. Because local businesses
believe that they cannot operate on high loan rates,
some atop borrouing° Moe±v however* are forced to
borrow. Unemployment is occurring as businesses
layoff employees or close down" Currently* Uashington
State is the third highest in the nation in unemploy-
' montv and Snohomish County is at about the 14% level
�
with construction and lumber products industries
affected the most.
Politicslly» the nation and local governments are
conservative. Inflation, which has been rampant for
o slowed yed oona�dermbly. l
the past fifteen years or mormv i °
Socially the Edmonds area is stable, but even here
therm are more vacancies and many small businesses are
/
working from home or declaring bankruptcy. The
!
economy ia in a deepening recession with local home
� loans at 16J% and very fou sales. N.E.B.A. reports
!
one home sells for every nineteen listed, and most are
�
seller financed. The auto sales and retail sales
/
I
E
F
CONCLUSID
N
t 4
Y.?
�i
lately have increased slightly. Despite announce..
ments that the economy is improving, however, there .
appears to be more recession ahead for one or two
years more unless loan rates and favorable financing
{
becomes available. Commercial real estate loans are
difficult and expensive to obtain. Therefore, the
effective demand for the subject property is reduced.
by a recession and financing.
The economy is in a politically conservative climate
with a tight monetary policy. The result is a local
recession and unemployment (around 14%), but a
cessation of inflation and a gradual lowering (an
overall pattern) of the prime rate and the federal
fund rate. Socially the Edmonds area is stable and
Edmonds is a better -off economic area than other parts
of the county. Demand for the subject has been
reduced and the time to market the subject is now,
longer, Values are in a stable to downward position.
;i
2
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324— 50 t36 65
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9 10
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ks
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4 192ND PL. S. W.-- Douglas -ibb 1 52
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67 45 73
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25 24 1 23 2 21 20
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193RD PL. S.W.
'70 -to 60 7 1
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a U5
SITE DATA
LOCATION:
Union Heating & U.H.I. Systems, Inc. property
is located at 7833 - 196th Street S.W., Edmonds,
Washington. The location is below street grade
about 15 to 20 feet. The neighborhood (refer to
photos) is mostly multi -family or single family'
housing. The street is a major wide two -lanes
arterial with left turn lanes and on street-
parking, curbs, walks and street lights.
,
SIZE:
2.5 Acres approximately
FRONTAGE:
144 front feet on 196th Street S.W.
ACCESS:
Direct access via two driveways.
UTILITIES:
City sewer® water, PUD power, GTE phone, Washington
llt.
Natural Gas main and cable TV is all available.
1
Most all utilities are connected.
ZONING:
RM 2.4 - Multi -family, 1 unit per 2400 square feet
back 310 feet; RS8-Single Family Residential
wl.
thereafter. "Grandfather Caluse10 for existing use.
BUILDING
INFORMATION:
The buildings are both commercial shop and office
uses. Built in 1956 for Collier Machine, the
original building was recently roughed -in for
office space on the second floor remodelled from
apartments and expanded somewhat over the shop.
The owner plans to finish and install a heat pump.
The rear building is rented to Astro Electric.
More details on the buildings and the market value
of land based on comparable sales follow.
4
4Z"
,
E,
fly
',..
,t
k 5 k4tz'• C1 '%I
i
a�a�e
Real 4C
k'
�f r
Pf9LL
ierd ea ✓�ppraiain�
•s and oneuir`tnqeruiced
K
P.O. Box 2378
Everett, Washington 98203
Phone (208) 355-0482
63,000 SF RS 8
M1
Subject Site Sketch
E
210'
300'
Zoned
1441
kK
RM 8
Bldg.
196th Street =,.W.
over line
660 of zoning
5
t
i
Zoned
i4.
RM 2.4
i
3101
610'
,t
i
44,640 SF RM 2.4
a`
63,000 SF RS 8
�
E
,i
1441
196th Street =,.W.
5
t
i4.
MAN
' .e .,.........,.. .... ..n,5 x... .P e..+. _..,,,,,,,,. «.K ........ . ........ r mx . x ...,. .. __ . L.
tv
LAND SMEs
i.
4
1. 5111 194th Street S.W., Lynnwood, WA:
This lot sold on 1/11/82 for $35,000. It is zoned RS 9600
with commercial potential at $1.25 per square foot. This
property is inferior to the subject, however, With no
exposure or frontage on 196th and no use as commercial
without a Lynnwood rezone. This sale indicates
allowed y
the value of the subject property is twice the value, ori`''
$2.50 per square foot, as the subject has commercial use
and exposure along 196th.
2. 18930 Highway 992 Lynnwood, WA:i,K
<9;
This property sold on 6/12/81 for $100,000. It was zoned
f
General Commercial; the lost size was .31 acre or 13,504
square feet. The improvements on the property are 62% of
the value and the extracted land value is #638,000 or $2e81
t+;
par square foot. (It is on Highway 99 and so has good
exposure).
tt:
3. 8410 Dain Street, Edmonds_, WA:
,...
r-.
4. 23028 100th Avenue West. Edmonds, WA:
This sale occurred 4/20/81 for a price of $210,000. It
is a former bank site and sold for use as a clinic With
an existing 2314 square foot office worth approximately
$80,000 and land $130,000. The land at $130,000 34,II00
square feet $3.82 per square foot. The site, however,
is level, landscaped and has good exposure.
RECONCILIATION
Four land sales show a range from $2.50 prat square foot �.
to $3.82 per square foot. The subject lies below grade
and is on multi—family zoned property with a possible
�r
finite life for the improvements and use as commercial. �$,<
Therefore, the value considered f2r the RM 2.4 zoned
parcel in front is $2.50 per square foot and $2.50 X #�..
44,640 square feet is $44;640•
I;
the residential land is valued at $1.25 per square foot :
as shown by land sale one and 63,000 square feet X $1.25
The tata� land yal,ue is_ $123,390, rounded to I23�,500,
ONE HUNDRED TWENTY—THREE THOUSAND FIVE HUNDRED DOLLARS #
($123,500)
�P
The cost approach to value, land and buildings, follows.
�.
i
7.
I
■
AGE:
EFFECTIVE
AGE:
TYPE:
ROOMS *.
AREA:
FUNCTION:
BUILDING DATA
BUILDING NO. 1 Collier Building
26 Years old
15 to 20 years; Remaining life 25 to 30 yearso
Concrete block office and shop on slab With-
ith3200
3200square feet on the main floor and second
floor which is roughed—in, one—third finished
future office space. Gas overhead heaters in the
shop and electric baseboard heater in the office.
It has three phase electrical service and all
utilities are connected.
See floor plans.
3200 square feet main floor finished
1,501 square feet second Floor — unfinishadv plus
509 square feet unfinished storage or future
office.
5,210 square feet TOTAL.
See building plans.
RECOMMENDATIONS — Collier'Buildino £�n
sal
1.'
Paint the trim and exterior and do not extensively, change
the interior at, this time, although °design is attractive:`
2.
Install drain the to carry runoff water on the northwest
i
corner of the building where a drainage;propl;em exists.
3.
Complete the second floor and offer for '1aasa with capable
property manager.
I -
7
i
E
r
9
t n I�S i
1 k
7k
BUILDING DATA
BUILDING NO. 2 Astro Buildioq
AGE:
21 Years
EFFECTIVE
15 to 20 years; Remaining economic life
AGE:
25 to 30 years.
TYPE:
Concrete block shop building on slab foundation
with 8,000 square feet on the main floor and
1,000 square feet on the second floor.
MECHANICAL:
Electric heat in offices and gas over head heatars
in the shop — ample electric service.
ROOMS:
Offices and shops.
AREA:
8,000 square feet is functional
1,000 square feet could be offices or storage.
8,000 square feet TOTAL
FLOOR PLAN:
Not included.
FUNCTION:
NOTE:
Manufacture of electrical parts and wholesale
activity., It appears that the business is
continuous as the firm was in the building in
April, 1977, date of last appraisal.
This building extends a little into the single
family zoning and the City would probably allow
a conditional use permit or tolerate the non—
conformance. The rear portion of the property is
cut off from access except past commercial uses.
10
a
iAh"hy i{f
N '
1 �,2
-
1
y ax`s
Collier Building
k
Y
Shop
Main
Floo
.1
1314"
(Storage)
1
I
Second Floor
S0+
1
Offices
I
�39+3++
(Future
{
Offices
j
overhead)
Dain
3200SF
I
I
2nd Unf.
1501
i
Str.g.
509
(Sae
Plans)
38'3"
40+
11
}
i
_
yry
t,. r
}
i
4,
THE COST APPROACH
This approach has as its premise the valuation of the site by
comparison with other sites in the area that have sold in the recent
past, making adjustments for differences to indicate a value estimate.
To this value is added the estimated cost to reproduce or replace the
improvements, plus any loss from depreciation that might have occurred.
COST OF PRINCIPAL BUILDING, IF
NEW — Bldg. No.
1 — Collier Buildino
5210 sq. ft. @$24.75 per sq.
ft. $
9
128 , 4?.50
r.
F.
Physical Deterioration 45%
$589206.50
Functional Obsolescence
Economic Obsolescence 20%
$25,790 $
83,996.50
Less Accrued Depreciation
s
Depreciated Value of Principal
Building
$ 44,951
COST OF BUILDING, IF NEW — Bldg.
No. 2 — Astro
Building
IxF,
8000 sq. ft. ® $28 per sq. ft.
$
224 000
'
r.
Lose Depreciation 55%
Depreciated Value
$ 100,800
Other — Paving and sheds $ 120500
Landscaping $ 2,500
Land Value (by Market Comparison) $ 123,500
$ 284,251
VALUE ROUNDED TO:........... 1284;500
NOTE: Cost per square foot considers the unfinished quality and !
condition of the second floor "as is." Economic obsolescence k`
is now reflected in the high interest rates and economic G'='
recession causing some buildings to sell for less than cost.
12 �`
INCOME APPROACH
The income method as used for investment
as its premise, the estimate of the amour
which when capitalized in a manner that
with the risk and life expectancy of the
will indicate the present value of the ii
Existing Rentt
Building No. 1 UHI Systems
Building No. 2 ASTRO
Other - none but there is a
potential of future offices
and excess land, as well.
Total Rent (existing)
Annual Gross Rental Income
Less Vacancy and Credit Allowanc
Effective Gross Income
Less Expenses:
Real Estate Taxes
$1,572•
Fire Insurance
795•
Personal Property
tx 1,201.
Subtotal
Utilities
1,200
-P.U.D.
840
Wash. Natl Gas
360
Garbage
1,050
Maintenance
2,400
Security
2,520.
Subtotal
Net Income
CAPITALIZATION RATE
$15,602 a .125
Excess Land Value
see ma
$124,8
round
Potential Value of commercial
space on the second floor
Market Value by the Income Approach
13
MARKET APPROACH
U.H.I. Systems, Inc. is a unique property, a commercial build-
ing an multi -Family zoned land. The use of the property as a
commercial building is assured by the City of Edmonds. Sales
of similar properties are difficult, if not impossiblet to
locate. Refer to the Market Approach an land salesp please.
The following sales are indications ONLY and not really
comparable.
SALE No. l: `
Rambler office building, 2314 square foot on o lot of
lOOv x 340» ort 34vOOO square feet" The taxes are $937°21
for 1980° The projected rent is $I°040 per month; or,
$12v480 per year. The sale price on 4/20/81 was
$210°000° Cap Rate is 10% overall, for $12^500 to
$126v000 value of the portion with the building. The
rest is oxuobs land valued at $86,000° Projected rents
are 450 per square foot per month.
SALE No. 2: 19714 Highway 99..Lynnwood, Washington
This retail store front on Highway 99 mold quickly on
6/18/81 for $IWO»QOO" A loon was assumed of $68v000 at
10%" $676°52 per month. It is an older building - 25 to '
30 years old. Taxes in 1981 we re $224°00. Indicated rate
is 12% overall. The rent is undoterodnedv but estimated
at $I°DOO per month.
14
777
�' 'Maew
q
SALE No. 3: 6629 Beverly Blvd., Everett, Washington
This sale took place 12/22/80 after being an the market
280 days for a price of $115,00U. The building has 3745
square feet on the main floor and 3745 square feet an the
lower or basement floor. It has a brick shop and office
building on B-1 and R-3 zoned property on 13,105 square
foot lot. The estimated rent potential is $13,105;
sale price of $115,000, 11.4% overall capitalization rate.
CONCLUSION and CONSENSUS
The Market Approach is only an indication of the overall
capitalization rates. These rates range from 10% to 12%.
The overall rate supports the Income Approach to value.
The other indications in the market are land sales.
Sources checked were real estate brokers and N.E.B.A.
Salesp the Real Estate Register and analysis of the
highest and beat use as offices. There is one more sale
at 18929 Highway 99, Lynnwood, - a two-story office
building next to the Pinc Cons Cafe which sold 4/3/81 for
$165,000 on contractt 12% interest with a 10 year cash out.
The building has 1,680 square foot on the main floor with
an apartment in the j of the full basement. The estimated
rent is $16#272 per year - 450 per square foot for office
space, and 350 per square foot for apartment, and the
cap. rate at 10%. This property is not really comparable,
but there are no comparable listings.
CONCLUSION
There is no indication of value from a direct comparison
approach.
15
RECONCILIATION: err
r:
i
The Cost Approach indicated $284,500.
{{
..The Income ' App
Approach indicated $248'750.
Since most of the emphasis is on the income and "income
potential" of the building, the income,appr, is
s
considered the most reliable indicator. The; Final
Market Value is:
# TWO_HUNDREO FIFTY THOUSAND.DDLLARS
($ 250,OOa.a0)
as of July 11, 19,82.
i
f
f
j
16
a_ ... .
tfx k
1 k �
T (�
ki! 5`f11.!Pl, _
1
qualifications
DAVID F. SPIERS, SRA
EXPERIENCE: 17 years -- qualified as memberr
of Society of Real Estate Appraisers
in 1967
RELATED EXPERIENCE IN REAL ESTATE/APPRAISING:
�M;,
8 years Loan officer and management capacity
1,
for Savings and Loan & Savings Bank
x
10 years Independent fee appraiser & consultant
,
in Snohomish County, Washington
APPRAISAL PURPOSES:!'
Land development
Subdivision projects
Condominium & Condo projects
Condemnation
Business Properties
Commercial and Industrial buildings 1;
Bowling alleys
Cold Storage warehouses
Gravel pits
Mobile Homes and Parks
Extensive Residential
EDUCATION:
I�
University of Washington — BA 1962 j
SREA Course 201 passed in 1973''
Various professional courses 1970-79
Professional seminar each year
American Institute of Real Estate
Appraisers MAI course II — 1979
i
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t^ S±
S fx:sit�'t3c
Edmonds, Wa. 98020
First interstate Bank
Ronald M•. Requa
POBOX 21506
7922 194 P1 SW,
Seattle, Wa. 98111
Edmonds, wa . .98020
Rainier Bank
J R. Woods
-., '.
t
7923 194 ;P1 SVS
Seattle, Wa. 98124
Edmonds, Wa. 98020'
W (L
7919 194 P1 SW,
SE
Across street
on 196th Sw
Rental
Alice M. Sticker
11201 SE 8th ST
Bellevue, wa. 98009
7802 196th SW
Roger C. Vergin
19407 80th West
3009 Daniel Court«
Rainier Mortage Co.
G. R. Johnston
Bellingham, Wash. 98225
19411 80th WeEst
Seattle, wa..98124
Edmunds, Wa. 98424
i
7814
C. Marsdon
N
,
i
7810 196th SW Apt A-1
s
Edmonds, Wa. 98024
Marion Nims`
j
7810 196th SW A-2
Edmonds, Wa. 98020
7828
Redcliffe Assoc.
Po BOX 488
Lynnwood, wa• 98046
West Property
line
4045-4046
Alan P Mason
19541
Belt Add
Lot 2
Lot 3
810 Hindly Lane
2
Edmonds, Wa. 98020
First interstate Bank
Ronald M•. Requa
POBOX 21506
7922 194 P1 SW,
Seattle, Wa. 98111
Edmonds, wa . .98020
Rainier Bank
J R. Woods
POBOX C-34040
7923 194 ;P1 SVS
Seattle, Wa. 98124
Edmonds, Wa. 98020'
Walter L. and Barbara Greenhouse
7919 194 P1 SW,
Edmonds, Wash. 98020
Great Western S&L
Rental
Alice M. Sticker
11201 SE 8th ST
Bellevue, wa. 98009
Arvell B & Doris E Casper
19407 80th West
Edmonds, Wa. 98020
Rainier Mortage Co.
G. R. Johnston
POBOX C 34040
19411 80th WeEst
Seattle, wa..98124
Edmunds, Wa. 98424
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North Property
line'`
Meadow Glen
Lot 10
Continental. lnc .
Security Sav'esco Inc.
i
23852
r
8th floor Pacific Bid.
Seattle, wa. 98104
Lot 11
Vernon L. Johnson
7820 193 P1 SW
Edmonds, Wa. 98020
`
Lot 12
Great Northwest Fed. S: -L
Samuel P,;. Magill
PO BOX 319
7826 193 P1";SW
Bremerton, Wa. 98310
Edmonds,,' Wa. 1,980i0
{
Lot 13
Capital S & LOohn
Sutherland
410 W 5 Bok 257
7E328 1-93 Pl,. -� aw
9 "
Olympia, Wa. 98507
Edmonds:r Wa. 98020
{
Lot 14
Seattle Mortage Co,
James Aricsan
229 Queen Anne No.
7832J93
Seattle, Wa. 98109
Edmonds, Wa.`98020
4034 & 4035
Julian A. Meyer
Julianeyer.
Rainier Hank
19325 80 West
PO BOX C 34090
Edmand,sa Wa.• 98020
s.
3,
i
Seattle, Wa. 98124
}
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7 ,a
East property line
Cassell's Add (6639)
Lot 1
4039
4041
David Johnson
7825 B 196 SW
Edmonds, Wa. 98020
Sheree Van
W voill" R -1
op e1go
TI,��, 55. "VAa
9,
SW
Edmonds, Wa.
98020
Jung Wook Baek
7805 194 SW
Ronald Olsen
Edmonds, Wa. 98020
Jean Wilson.
John J Barbara Couilliard
Drive SE
7807 194 SW
sw
Edmonds, Wa-.98020
3othel, Wa.
Colonial Mortage Serv.
'Gary' D Greig
7320 Old York Read
7802 194: SWI
Philadelphia, Pa. 19126
Edmonds,, Wa, - 98020 i
Olynpic Bank
R.D. Bjornerem
Po Box 9005
7806 194 SW
Everett, wa, 98006
Edmonds, Wa-98020
Irish Homes Inc.
51 West Dayton
98037
Edmonds, Wa. 98020
Wa.
Paula Regemimbal
7823 D 196 SW
Edmonds, Wa. 98020
Helen K. -Duvall
7825 D 196 SW
Edmonds, Wa. 98020
David Johnson
7825 B 196 SW
Edmonds, Wa. 98020
Sheree Van
Berg
7825 A 196
SW
Edmonds, Wa.
98020
Ronald Olsen
Jean Wilson.
20028 45th
Drive SE
7801 1.96
sw
3othel, Wa.
98011
Edmonds,
Wa.
98,020
Laura Greig
Gary D.
Greig
4407 138 Pl.
SW
7862 194
SW
Lynnwood, Wa.
98037
Edmonds,
Wa.
98020'
s..
CLINTEIP"qFFICE COARESPGNDFO�ICE
Jim Adams - City Enginner r
To_ Gary McComas - Fire Marshal _ OATS October'
Bobby Mitis - Public Works;„
SUBJECT - --- --- -- /+��
op .tDAfo
CU -50-85 REQUEST FOR CONDITIONAL USE .PERMIT TO EXTEND PRESENT NON=�
CONFORMING USE (COMMERCIAL) FOR FIVE YEARS AT 7833 & 7835
196TH S.W. (RM 2.4)
HEARING DATE: NOVEMBER 21, 1985.
DUE TO THE EXTENSIVE NUMBER OF ATTACHMENTS, ONLY THE'
APPLICATION FORM IS ENCLOSED. PLEASE CONTACT DUANE BOWMAN
ON EXTENSION 254 IF YOU HAVE ANY QUESTIONS.
R EC EIV ED PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN NOVEMBER 5, 1985.
OCT 221955 THANKS.
ENGINEERING
Duane Bowman - Planning Division
BY -
TOPS FORM 1232 \/ F3 X31!@ 0RDECl5 DOWT f301 LITHO IN USA.
Roger C. Vergin Walter L. & Barbara Greenhous
3009 Daniel Court 7919 - 194th Pl. S.W.
Bellingham, WA 98225 Edmonds, WA 98020
C. Marsdnn
Resident
7810 - 196th S.W. Apt, A-1
10601 - 80th Ave. N.
Edmonds, WA 98020
Edmonds, WA 98020
Marion Nims
.
Great Weaten S&L
7810 - 196th S.W. Apt, K-2
Alice M. Secker
Edmunds, WA 98020
11201 S.E. 8th St,
`
Bellevue, NA 98009
'
Redcliffe Assoc.
` 8rvell & Doris Casper
P.O. Box 488
` 19407 - 80th West
' Lynnwood, NA 98045
'
Edmonds, WA 98020
`
�
Resident `
Rainier MO�'"-"- Co.
� 7828 - 196th S.W.�.N^
P.O.pUBox C-4'4-
x Edmonds, WA U8O20
Seattle, N8 98124
` P. Mason Alan P
'
.
G.R. Johnston
810 H1ndly Lane
19411 - 80th West
� Edmonds, WA 98020
Edmonds, NA 98020
'
Continental Inc.
Ronald M. Requa
Security Suvesnn Inc.
^ S.W.Q2� 194th Pl. ' ^
23862
� Edmonds, W8 98020
. 8th Floor Pacific Bldg`
. ^'
Seattle, WA 98104
|
'
/ First Interstate Bank
.
Vernon L. Johnson
' P.O. Box 215067820
- 193rd Pl. S.W.
Seattle, WA 98111
Edmonds, WA 98020
J.R. Woods Great Northwest Fed. 6&L
7923 194th Pl. S.N. P.O. Box 319
Edmonds, WA 98020 Bremerton, WA 98310
�
Rainier Bank Samuel P. Magill
P.O, Box C-34040 7826 - 193rd Pl. S.W.
Seattle, HK 98124 Edmonds, NA 98020
��D
~" -
`
) � Jung Nook Baek
/ 7805 104th S.W. �
!
Edmonds, WA 98020 '
John & Barbara Coufllinrd
7807r' 194th S.W.
` Edmonds, NA 98020
� ~'.~..- r',-°- _
/ou/ v /~ """"
Philadelphia, Q1
|
i Gary
D Greig
7802 - 194th S.W.
Edmonds, WA 98020
- -
<
John S utherland
7828 193rd Pl. S N.�
� cuwm/x^a mn 98020
�.
� Capital S&L
\ 410 W 6 Box 257
Olympia, WA 98507
! '
�
Seattle Mortgage Co.
'
T,
�229 Oueen Ann
! � Seattle. WA 98109
| �
`
� James A. Ericson| ' '~~~^
7832 ~ 193rd Pl. S.W.
Edmunds, NA 98020
Julian A. Meyer
| Rainier uuxx
i P.O.- '
ox C 34O4Oe°
�-'
. __-_ NA 987��
. ^'
| uu'/ux nMeyer� '
| i 19325 80th Nest ^ .
� Edmonds, N& 98020
`
) � Jung Nook Baek
/ 7805 104th S.W. �
!
Edmonds, WA 98020 '
John & Barbara Coufllinrd
7807r' 194th S.W.
` Edmonds, NA 98020
� ~'.~..- r',-°- _
/ou/ v /~ """"
Philadelphia, Q1
|
i Gary
D Greig
7802 - 194th S.W.
Edmonds, WA 98020
- -
<
1� 71 -711
1Tq N
M Ta
B. SAUNDERS BROOKS, M.AJ.*
- REAL ESTATE APPRAISALS -CONSULTATION
.r
" 708 MEDICAL•DENTALBUILDING
- 2722 COLBY AVENUE'
; A
EVERETT, WASHINGTON 98201
�` 1
. (208) 252.5224.
..:
x;
November 15, 1985
Mr. Duane V. Bowman
Assistant City Planner
City of Edmonds
250 -5th Avenue N.
Edmonds, WA 98020
RE: Analysis of non -conforming use property
locatedat7833-35 196th Street S.W.
Edmonds, WA
(Robert C. Midkiff-Your file no. CU -50-85)
Dear Mr. Bowman:
This letter is to confirm our recent discussions concerning proposed'
extension of the non -conforming use permit for a period of 5 -years from
Play 3, 1986, for the above captioned property.
The property is legally described in Exhibit A, attached hereto.
I have received the data furnished by you on November 12th, including
Chapter 17.40 (non -conforming uses, buildings, signs and lots).of the
County Development Code for the City of Edmonds.
This letter is to advise you that I can furnish the analysis.to,you for
$500.00.
It is my understanding that you need this letter by the first week of
December, prior to December 11, 1985.
Thank you for your consideration.
w. Y
B. SAUNDERS BROOKS, M.A.I.
REAL ESTATE APPRAISALS -CONSULTATION
706MEDICAL-DENTAL BUILDING
2722 COLBY AVENUE
EV ERETT, WASHINGTON 98201 r r.. ,y
(206) zsz-szza �?` YV t?r. E�4 ViC} 3i?ta;
November 19, 1985
Mr. Duane V. Bowman`
Assistant City Planner
City of Edmonds
R
250 -5th Avenue N.
Edmonds, Washington 98020
Re: Non -conforming Use Property located at 7833-35 196th St.:S.W., Edmonds, Wa.
Dear Mr. Bowman;
This letter is to confirm our telephone conversation today concerning clarification of
the proposed economic analysis and opinion to be furnished to you.
In connection with an analysis and opinion of an extended amortization period and cur-
rent use of the subject property, I would review and correlate the following data:
1. Physical inspection of the subject property, surrounding neighborhood and general '
area, including surrounding land uses;
2. Discussion with the subject property ownvter, along with your offfice;
3...Study of..past and.. -current economic and demographic:data,including`:.national;:::state:.
regional and city data;
4. Study of previous real estate appraisals for the subject property, along with updated
market data, as related to the subject property;
5. Study of economic data furnished by the subject property owner;
6. Study of Community Development Code of the City of Edmonds, as related to the subject;
7. Study of other physical, social, governmental and economic data, which would affect
the subject property value and use.
This gives a general summary of the factors which I will take into consideration in con-
nection with my analysis and letter of opinion for the City of Edmonds.
Please let me know if I may furnish any additional information to you in connection
with this proposed analysis of an extension for the subject non -conforming use permit.
Sincerely,
B. Saunders Brooks, M.A.I.
BSBjs
MEMBER: AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS - - -
C�
.`.zy
EDMONDS CITY COUNCIE , 'f
AGENDA MEMO
Item number: rr
Originator: Planning Division For Action: X For Information:
SUBJECT: AUTHORIZATION TO CONTRACT FOR ECONOMIC CONSULTANT
SERVICES WITH B. SAUNDERS BROOKS
Clearances: Dept. Indiv. Initials
AGENDA TIME: Consent
ADMIN SVCS/FINANCE
AGENDA DATE: December 10, 1985 CITY ATTORNEY
CITY CLERK
EXHIBITS ATTACHED: COMMUNITY SERVICES
ENGINEERING
1. Statement of Services PARKS &ECREATION
PLANNING✓12
2. Proposed Agreement PUBLIC WORKS
FIRE
PERSONNEL
POLICE
COMMITTEE
MAYOR
COMMENTS:
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: $ 500.00 BUDGETED: $ 0 REQUIRED: $ 0
HISTORY AND SUMMARY STATEMENT:
The City has received an application to extend the amortization
period for discontinuing the commercial development at 7833 & 7835
196th St. S.W., Edmonds.
Chapter 17.40.010 (E) of the Community Development Code requires
the applicant to deposit a fee of $500.00 to cover the cost of the
City hiring an economic consultant to analyze the application. The
Hearing Examiner will use the report from the consultant as 'a basis
for his decision.
Attached is a letter from B. Saunders Brooks outlining the
services that the City will receive, if Mr. Saunders is hired as the
economic consultant for this project. The cast for his services
will not exceed the $500.00 deposit that the City has received from
the applicant.
RECOMMENDED ACTION:
Authorize the staff to retain B. Saunders Brooks as an economic
consultant for the subject application. `�
B. SAUNDERS BROOKS, M.A.I.
REAL ESTATE APPRAISALS -CONSULTATION
706 MEDICAL -DENTAL BUILDING
2722 COLBY AVENUE
EVERETT, WASHINGTON 98201
(206) 2S2.5224
November 19, 1985
Mr. Duane V. Bowman
Assistant City Planner
City of Edmonds
250 -5th Avenue N.
Edmonds, Washington 98020
Re: Non -conforming Use Property located at 7833-35 196th St..S.W., Edmonds, Wa.
Dear Mr. Bowman:
This letter is to confirm our telephone conversation today concerning clarification of
the proposed economic analysis and opinion to be furnished to you.
In connection with an analysis and opinion of an extended amortization period and cur-
rent use of the subject property, I would review and correlate the following data:
1. Physical inspection of the subject property, surrounding neighborhood and general
area, including surrounding land uses;
2. Discussion with the subject property own-4ter, along with your offfice;
3. Study of.past and current economic and demographic data, including---natio.nal-i.,:.State-*
regional and city data;
4. Study of previous real estate appraisals for the subject property, along with updated
market data, as related to the subject property;
5. Study ofeconomicdata furnished by the subject property owner;
6. Study of Community Development Code of the City of Edmonds, as related to the subject;
7. Study of other physical, social, governmental and economic data, which would affect,
the subject property value and use.
This gives a general summary of the factors which I will take into consideration in con-
nection with my analysis and letter of opinion for the City of Edmonds.
Please let me know if I may furnish any additional information to you in connection
with this proposed analysis of an extension for the subject non -conforming use permit.
Sincerely,
B. Saunders Brooks, M.A.I.
BSB/s
MEMBER: AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS
from the Lodging Tax. So everything in the ordinance refers only to the expenditure of the one-
quarter. He noted that the resolution attempts to set up a two-step process: 1) The Commission
would submit its budget as has been done previously and, 2) The remaining funds would fall under
Section III and would be appropriated through requests from proposals from other cultural organiza-
tions within the City. In both cases, the Council approves their budget and prioritization for
contracts. Community Services Director Art Housler clarified the appropriation of the funds.
Councilmember Wilson asked if the fund for the Committee will be set up for a budgetary process
or by resolution. Mr. Housler replied it would be included in the budget ordinance when the
budget is planned. Mayor Naughten proposed that a tourism committee be formed consisting of four
to five members, with a member of the Council serving on the committee. Councilmember Wilson
accepted the position. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER OSTROM, FOR APPROVAL
OF PROPOSED RESOLUTION 630 ESTABLISHING PROCEDURE FOR EXPENDITURE OF TOURISM FUNDS THROUGH THE
ARTS COMMISSION AS EXPLAINED. MOTION CARRIED.
AUTHORIZATION TO CONTRACT FOR ECONOMIC CONSULTANT SERVICES WITH B. SAUNDERS BROOKS $500
rill CONSENT r,
Councilmember Kasper requested Planning Division Manager Mary Lou Block to comment on this is-
sue. Ms. Block stated an ordinance was adopted fifteen years ago requiring all commercial uses
to be removed from residential zones within fifteen years. It allowed a fifteen -year amortiza-
tion period in which to discontinue the use of these commercial enterprises. She noted the
fifteen -year amortization expires in May of 1986 but may be extended by approval of a hearing
examiner. The Community Development Code requires that the hearing examiner base his decision on
economic data prepared by an economic consultant which analyzes the application for extension.
The Staff is requesting authorization to retain B. Saunders Brooks as an economic consultant for
the study of the extension of the amortization period for discontinuing the commercial develop-
ment at 7833 & 7835 - 196th St. S.W., Edmonds. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEM-
BER WILSON, TO APPROVE ITEM (E) ON THE CONSENT AGENDA. MOTION CARRIED.
REPORT FROM SURFACE WATER TASK FORCE
The members of the proposed Surface Water Task Force were introduced as follows: Jack Serwold,
Instructor at Shoreline Community College; Miles Hanchett, Representative of Quest Northwest;
Jerry Hauth, Hydraulics Engineer, City of Edmonds; Frances Murphy, volunteer.
Bob Boye, 24325 - 76th West, stated he and the members of the Task Force were proposing: 1)
that the Mayor of the City of Edmonds direct Quest Northwest to form a. Water Quality Task Force
to address stormwater runoff control, water quality study, and fish enhancement in the Shell
Creek Watershed and, 2) that the City of Edmonds grant $47,500 to Quest Northwest dedicated for
the sole use of and dispersal by the Water Quality Task Force in conducting a twelve-month pilot
program to study the Shell Creek Watershed during the period from January 1, 1986 to January 1,
1987. Mr. Boye estimated in the years to come 1.2 billion dollars will be allotted to consulting
firms to study the cleanup of Puget Sound. He said the monies will be derived not from the Feder-
al Government, but from smaller communities. A major source of pollution in the Sound comes from
our surface water streams. He felt the Water Quality Task Force could present a program that
would be less expensive than a consulting firm to make recommendations on water surface manage-
ment in Edmonds. He stated the credentials and responsibilities of the members of the Task Force.
Jack Serwold, a representative of one of the top colleges in the State, Shoreline Community Col-
lege, is known nationally and statewide. Mr. Serwold has the expertise, equipment and laboratory
facilities to perform chemical analysis of water samples gathered from the Shell Creek Watershed.
Miles Hanchett, representative of Quest Northwest, has worked with students on water control
studies. His major project has been working with the Forest Service conducting water quality
studies at Lake Crescent. Quest Northwest will act as coordinator of the Task Force in studying
the water quality problems of Shell Creek.
Frances Murphy will act as consultant for the Domestic Toxic Waste Group in 1) identifying and
reducing non -point source pollution, 2) domestic waste problems specific to the Shell Creek Water-
shed, and 3) local efforts to increase public awareness of domestic toxic waste.
Chris Wermus will be assigned to the Fish Enhancement Group for the purpose of gathering informa-
tion on Shell Creek to plan effective courses of action leading to a healthy fish habitat and
establish a program for the development and release of native and hatchery -type fish stock.
Gordon Rosier was asked to join the Task Force to act as "bird dog" on the sewer system in rela-
tionship to surface water.
Mr. Boye referre<' to the Projected Distribution of Funds, Table 1. He said Dale Dickinson, who
has been with the Beach Patrol Program, has been asked to serve as project coordinator to search
for funding of the project. He added at the time this project was presented to the Planning Board,
EDMONDS CITY COUNCIL MINUTES
Page 2 DECEMBER 10, 1985
s s a yf�®w'pirr '$
W T�I
f
t
a THIS PACKET SENT TO' HEARING .
s
'EXAMINER ON DECEMBER 31., 1985
4_
STAFF REPORT TO THE NEARING EXAMINER
FILE #CU -50-85
i
HEARING DATE: JANUARY 2, 1986
I. REQUESTED ACTION:
Conditional Use Permit for an extended amortization period to
allow nonconforming commercial uses to continue for five ypars on,
g
the property located at 7833 & 7835 196th St._S.W., Edmonds.
II. APPLICANPIOWNER:
Robert Midkiff E.C. Collier
20001 76th W. 16912 9th S.E.
Lynnwood, WA 98036 Mill Creek, WA 98012
III. LEGAL DESCRIPTION:
See Exhibit 2
IV. STAFF FINDINGS:
Normally, the staff would prepare a detailed background analysis
of an application such as this. However, since the code requires
the City to hire an economic consultant, I will not attempt to
duplicate his work. He has covered the pertinent points of
review in his report.
IV. STAFF RECOMMENDATION:
The staff has reviewed the application and the report of the
economic consultant. Staff concurs with the recommendation of
the consultant that the amortization period be extended for a
period not to exceed five years.
z t wf
t3�
f r.
Notary Public in and for.
Washington.
Residing at'e�c
A.
the State Of ,'
f
C
j l4 h
FILE NO.
CU-50-85
APPLICANT
Robe
Robert
i;
j
AFFIDAVIT OF POSTER
STATE OF WASHINGTON }
} ss.
OF SNOHOMISH )
COUNTY
n
k
Susan Painter
being first
duly sworn,
on oath, deposes
f
and says:
?
That on the 20th day of
December
19 85
the attached
a
fi
Notice of Public Hearing was posted
as prescribed
by Ordinance,
and in any event,.
i'n the Frances Anderson Center and
Civic Center, and.where applicable
on or near
the subject property.
k
Signed
Subscribed and sworn to before me this
?,)
day of �'
� L
19�
Notary Public in and for.
Washington.
Residing at'e�c
A.
the State Of ,'
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THE HEARING EXAMINER WILL HOLD A PUBLIC HEARING
THURSDAY, JANUARY 2 1g ON THE FOLLOWING APPLICATION:
FILE NO. CU -50-85
CONDITIONAL USE PERMIT TO ALLOW NONCONFORMING COMMERCIAL USES TO
CONTINUE FOR A PERIOD OF FIVE YEARS,
PROPERTY ADDRESS AND LOCATION 7833 AND 7835 196TH ST, S . W,
ZONE DISTRICT RM -2 ,4
THE HEARING WILL BEGIN AT. 7:30 P M., IN THE PLAZA MEETING ROOM, LIBRARY
BUILDING, 650 MAIN STREET, EDMONDS, WASHINGTON. IF YOU WISH TO COMMENT ON THIS PROPOSAL,
YOU MAY COME TO THE HEARING AND SPEAK. YOU MAY ALSO WRITE A LETTER STATING YOUR VIEWS
WHICH WILL BE CONSIDERED AT THE HEARING. PLEASE ADDRESS THE LETTER TO THE PLANNING
DEPARTMENT AND INCLUDE THE ABOVE FILE NUMBER.
IF THE ITEM IS CONTINUED TO ANOTHER HEARING BECAUSE THE AGENDA IS NOT COMPLETED, OR
FURTHER INFORMATION IS NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED ONLY
AT THE MEETING.
ADDITIONAL INFORMATION MAY BE OBTAINED AT THE PLANNING DEPARTMENT, 250 FIFTH AVENUE
NORTH, EDMONDS (PHONE 771-3202, EXTENSION 252).
THE REMOVAL, MUTILATION, DESTRUCTION, OR
WARNINGOOF THE AHEARING S A NOTICE(MISDEMEANOR PUNISHABLE
BY FINE AND IMPRISONMENT.
THIS NOTICE MAY BE REMOVED AFTER JANUARY 2, 194