01944CITY of EDMONDS
Civic Center Edmonds, Washington 98020 Telephone (206) 775.2525. ;
October 12, 1977
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harry 1ghitcutt
Building Official
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Edmonds Civic Center
250 Fifth Avenue worth
Edmonds, .Washington 98020
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PT,-. Lindberg & Tuson v. City of'Edmonds
Dear Harry,.
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Mrs. Lindberg and Mrs.. Tuson, through their. attorney,
,.
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have filed suit in Snohomish County Superior Court challeng--
ing the actions of the Edmonds Board of Adjustment in
granting variance V-•-41--71.. This variance involved taro-•
gerty located at 518-524:Be11 street and owned by Doctor
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Gerald Dohner.
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Doctor Dohner's request for a variance would have
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allowed hin, to guild a six unit apartment house although
the zoning code would have only allowed five units.
Section 12.16.140 of the Edmonds City Code provides
that when'an appeal is made to the Superior Court from
a decision of the Board of Adjustment all proceedings
are stayed pending outcome of the Court ease. This means
that the Board's decision to grant a variance to the
y
applicant is not effective. Therefore, any building
plans for a six unit apart-ment at that location would
be in violation of the Code and a building permit may
not be issued. If you have issued any permits prior to
this time, they must be immediately rescinded.
Since present zoning allows a five unit apartment
house to be built on the site without a variance, you
may issue a building permit for a five unit apartment
that otherwise complies with all aspects of the building
and zoning codes. rzowever, the rreseni: Flans on file.