01030RM
h
suggestions as to where an easement should be placed or how an access could
be developed, as there was no possible access, and just to have an easement
which was not usable was not good practice. Therefore, he did not believe
an easement should be given. The public portion of the hearing was closed.
Chairman McGibbon read aloud the Engineering Division comments as to require-
ments. The benefit of having the easement as opposed to the impact it
would have on the property owners was discussed. COMMISSIONER LaBELLE THEN
MOVED, SECONDED BY COMMISSIONER SMITH, TO APPROVE SM-6-79 SUBJECT TO ENGINEERING
DIVISION REQUIREMENTS AND SUBJECT TO THE REQUIREMENT THAT
ONAO15' PEDES MENT RIAN
EASEMENT BE PROVIDED FOR ACCESS TO THE BEACH, THE
HAVING TO BE ACCEPTABLE TO THE CITY. Commissioner LaBelle said he did
include the location for the easement but he felt it would be appropriate
for the Engineering Division and the developer to decide that together.
MOTION CARRIED.
AGENDA
PRD�-348. DAVID-KINDERFATHER — Extension of design review approval of 14-unit planned
s ent a eve opment at Block 5, Lot 8, Alderwood Manor M9 (RS-8)
re
The developer of this project had requested an extension on this project
due to uncontrollable site development delays. The hearing was opened to
the public, no one wished to. speak, and the hearing was closed. COMMISSIONER':
WALKER�MOVED, SECONDED BY. -COMMISSIONER HALL, TO'GRANT A ONE-YEAR EXTENSION`
OF,THE'DESIGN`REVIEW APPROVAL FOR PRD-3-78. MOTION CARRIED.
AP-3-79 MR. AND MRS. LOYD HARRIS and CAROL CHAUDIERE - Appeal of staff approval of
- of su iv s on at the northwest corner OT 1960 St. S.W. and 89th P1. W.
Applicant/Bjorn Thuesen, Subdivision File S-32-79 (RS-12)
(City Attorney John Wallace left the meeting at this tim8:05oPf.m.is Ms.
Block stated that the Staff recommended upholding the approval
subdivision in that it was consistent with the subdivision ordinance and
the Zoning Code. The recommendation for upholding the approval was subject
to the requirements enumerated i.n the Staff Hearing notes. Chairman
McGibbon noted that the reason for the appeal appeared to be a question of
who owns the property. City Attorney Larry Martin advised the Commission
that they were in a position to decide whether this should be approved on
land use, but should there be a problem with what is purported to be an
easement that could only be determined by a court decision or a settlement:
He said they were not called upon to decide who owned what. Chairman
McGibbon then advised the appellants that the Commission's decision would
be only on land use considerations and the interest of the community. Mr.
Martin then called the Commission's attention to the fact that this was a
de novo hearing. Ms. Block showed slides of the property, following which
the hearing was opened to the public. Owen Wales, attorney, said he was
representing the two adjacent land owners, and in order to grant the 20'
easement it would require removing some landscaping from his clients'
yards.. He felt the solution to the problem would be for Mr. Thuesen to
move the proposed ingress/egress 6 or 71, and he said that at this point
Mr. Thuesen had invited him to sue, which he thought he would do. Bjorn
Thuesen said this easement had been in existence since 1944 and it had been
granted by Pope and Talbot to all the surrounding properties. He said he
has a full sized fence and a laurel hedge that would have to be'removed if
the easement were relocated. He did not see why he should not use an
easement which he has, and if it was a matter of saving a tree he could
have the paving go around it. Chairman McGibbon noted that it appeared the
only issue was one the Commission could not resolve. The public portion of
the hearing was closed. COMMISSIONER LaBELLE MOVED, SECONDED BY COMMISSIONER
WALKER, TO DENY AP-3-79 ON THE BASIS THAT THE ORIGINAL HEARING AND APPLICATION
FOR THE USE AND THE RREQUIREMENTS T PLAT VSET OFORTH EINES 32-79 APPEARED TO BE ADEQUATD TO BE APPROPRIATE IN TERMS F LAND
E.
MOTION CARRIED.
P-8-79 PETE TROKA - Four -lot formal subdivision at the northeast corner of 76th
Ave. W. and 176th St. S.W. (RS-12/RS-20)
Ms. Block showed slides of the property and noted that this type of sub-
division normally would not come before the Planning Commission, but
EDMONDS PLANNING COMMISSION
Page 2 - November 14. 1979