110-190 DAYTON ST..pdfI
EXHIBIT 2
DATE i
CITY OF EDMONDS e�
FEE
HEARING EXAMINER RECT
APPLICATION FOR VARIANCE APO'S
HEARING DATE s
APPLICANT Beselin/Hovde Associates ADDRESS 300 Admiral Way,=Suite'204
CITY & ZIP Edmonds, WA 98020 PHONE 774-8993
INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Owner of Harbor Sq. develop-
ment located on ,pr.operty
LOCATION OR ADDRESS OF PROPERTY 110-190 Dayton Ave., Edmonds. WA.'
LEGAL DESCRIPTION OF PROPERTY (described on Exhibit A attached hereto)
VARIANCE REQUESTED: Installation of two (2) free-standing signs
("Harbor Square Directory" and "Open Tonight") as detailed on the
attached drawings and as located on the attached plot plan and
vicinity sketch.
FOR OFFICE USE ONLY: USE ZONE:
ZONING ORDINANCE REQUIREMENT:
Release/Hold Harmless Agreement
The unders-igned.applicant, his heirs and assigns, in consideration for
the City processing the application agrees to release, indemnify, defend and
hold the City of Edmonds harmless from any and all damages and/ot•cla,ims for
damages, including reasonable attorneys' fees, arising from any 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 of inspection and posting attendant to this application.
h l
gnature of AQQ
epresentative
I
r
DECLARATIONS OF APPLICANT
Please answer all questions
1.
What are the physical characteristics, (i.e. topography, 'shape
of lot, etc.) which create a hardship for you in regard to
i
development of your property?
Not applicable. The property is already developed.
i
t
Variance application regards signage only,
i
2.
How does your property differ from other property in the same
vicinity?
Property is comprised of eight (8) individual buildings
within a single development, unlike surrounding properties,
some of which are accessible only via interior streets within
the development.
3.
Will this variance be detrimental to the public or damaging to
I
other property or improvements in the vicinity?
No.
i
4.
What hardships will result to you if the variance is not granted?
'•
Will these hardships have been caused by your own action?
i
(a)
Inadequate signage which is necessary to identify location of
tenants in each building within the development.
(b)
No.
5.
Can you make reasonable use of your property without the variance.
No
i
ji.
}
r'F;i lrfl xlhrM1lr
EXHIBIT
EXHIBIT 3°
Ott ,�1
`i
;az
That portion of Government Lot 3, Section 239 Township 27 North,
Range 3 East,.W.M., described as follows: Commencing at. the..
Intersection of the south line of Section 23, and the easterly
right-of-way line of the Burlington Northern Rail road,,thence:
along said easterly right-of-way N42034134".. 616.37 feet.to the-,
true point of beginning; thence continuing N42`3434"E, 731.18
feet --to the southerly right-of-way of Dayton Street; thence along
said southerly right of way line S58017'06"E, 12.54 feet; thence
S88042106"E, 524.29 feet; thence S41039117"E, 110,49 feet to.the
westerly right-of-way of SR-104 (as condemned under S.CC. No.
106375); thence S1908'540W along said westerly right-of-way.:a
distance of 562.54 feet; thence N88'42106"W, 42236 feet. thence
N43042'06"W, 120.00 feet; thence S46017'54"W, 70.00 feet; thence
N37-00'00"W, 260.00 feet; thence S71*00'00"W, 401.09 feet to the
true point of beginning.
Situate in Snohomish County, Washington
The above described parcel contains 10.983 Acres, more or less.
t`
w'
-7, tpL -/
DAI-r,6AJ -5-r N
PL6T FLAN
Is
S1N4LF S/GN : �LUM1Nulti eKTiA6i0N FRAM'
PLAs-ne
3RSftfieg S/M aY6-kAG-E'
Gout
bf-F- ( NEON 51GN Co
SC,-,LE-
1
21
7lZ—
8i M
J N ��RhS �_,
s
1
Al.
nt'
[��1y'a
t.M
"�ie *�
tenor o�rF�cE�co�R�sR,y�to�.u�f �q �f���fY, .g�
�..7-ice A..1
ozi
DRA
, mM �4 w �L ri4�
�'�yr r''}'"� }L r'rixxtu'
VMw
' �� t 5 s' a��.'N���y
A.
l�t
BYIaa
tt�f� 'wV�kiP
'EioiNu��+at TOO FORM 1232
�t,wea..nis.a,,... .... a s....,s .. ... .. ... .. ... ..._ ... ., .,.... ...., _,.,._ . �..., ., ., , ., .._., ,. ,._.�`.«.....�.. ' ..U,.,.::,
f4.
x
t.t
s t
EXHIBIT 1
STAFF REPORT TO THE HEARING EXAMINER
-
FILE: V-13-85
HEARING DATE: June 6, 1985
I.
REQUESTED ACTION:
Variance to allow
an additional freestanding sign for
Harbor,
Square Mall at 110
-190 Dayton Street, Edmonds.
II.
APPLICANT/OWNER:
Port of Edmonds
Beselin/Hovde Associates
P.O. Box 398
300 Admiral Way, Suite 204
Edmonds, WA 98020
Edmonds, WA 98020
III.
LEGAL DESCRIPTION:
(See Exhibit 3)
IV.
STAFF FINDINGS AND
CONCLUSIONS:
A. Description of
the Subject Property and Surrounding
Area
(
The Applicant is seeking a variance to allow an
additional freestanding sign for the Harbor Square
Mall, located on the south side of Dayton Street, west
of SR 104. Presently, there is a freestanding side
located on the southwest corner of the intersection of
SR 104 and Dayton Street. The Applicant is seeking to
erect an interior directory sign, as shown on Exhibit
f
4.
The subject property is developed as a commercial mall
in the downtown area. There are eight individual
building s in the complex, all served by an interior
road system. Surrounding development is all
£
commercial, with the exception of Union Oil Marsh which
is located to the south of the subject property.
B. Official Street Map
Proposed R/W Existing R/W
North - Dayton St. 60' 60'
i
East - SR 104 175' 175'
C. Conformance to Chapter 20.85.010
1. Special Circumstances
Special circumstances appear to exist in this
particular case. This type of development is
unique to the downtown area. In order to help
customers to quickly find the various businesses in
the complex, a directory sign is needed.
Staff Report
V-13-85
4.
2.
3.
%
g
Special Privilege
-rh' i,
;
The proposed variance does not appear to represent
a grant of special privilege. the type of
development is unique and the additional sign.is
needed for the convenience of the public.
Comprehensive Plan
The Comprehensive Policy Plan map designates the
subject property as a mixture of High Density
Residential and Industrial. To the north, the area
is designated as commercial. The Marsh is
designated as Natural Environment.
The proposed variance does appear to conform with
the purposes of the Comprehensive Plan as outlined
in Chapter 15.15.030 (B)(5).
Zoning Ordinance
The subject property is zoned CG (General
Commercial), under contract rezone R-4-79. The
area to the north is zoned BC (Community Business)
and the Marsh is zoned Open Space.
The contract rezone stipulates that the development
shall use the sign code requirements for the.BC
zone. Now that the property has been developed,
it is obvious that a directional sign is needed.
5. Not Detrimental
The proposed additional freestanding sign should
pose no hazard to the public or nearby adjacent
properties.
6. Minimum Variance
The request appears to represent a minimum variance.
V. STAFF RECOMMENDATION:
Staff recommends approval of V-13-85, as proposed.
The type of sign proposed by the applicant is necessary
for the convenience of the public.
FINDINGS AND DECISION.
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
JUid 2 G 1985.',
C.gy bra > M c
IN THE MATTER OF THE APPLICATION FILE V-13-85
OF THE PORT OF EDMONDS AND BESELIN/
HOVDE ASSOCIATES FOR APPROVAL OF
A VARIANCE
DECISION: The variance is granted
subject to the conditions listed.
INTRODUCTION
The Port of Edmonds, Post Office Box 398, Edmonds, Washington,
98020 and Beselin/Hovde Associates, 300 Admiral Way, Suite 305,
Edmonds, Washington, 98020 and hereinafter referred to as
Applicants, have requested a variance to allow an additional.
free standing sign on property located at 110-190 Dayton Street,
Edmonds, Washington. A hearing on the request was held before
the Hearing Examiner of the City of Edmonds on June 6,, 1985.-
At the Hearing the following presented testimony and evidence
Duane Bowman (A witness also appeared'
Planning Department who was identified as
City of Edmonds the contractor for the
Edmonds, WA 98020 construction of the ,sign.
The witness did not.sig,n
Diane Espley the appropriate last of
300 Admiral Way witnesses and his identi-
Suite 204 fication cannot be deter -
Edmonds, WA 98020 mined on the.tape`of this
hearing.)
At the hearing the following exhibits were submitted and admitted
as part of the public record:
Exhibit 1 - Staff Report
" 2 - Application/Declarations
3 - Legal Description
" 4 - Vicinity Map
" 5 - Plat Plan
5
6 - Sign Exhibits
After due consideration of the evidence presented by the Appli-
cants; 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 find-
ings of fact and conclusions constitute the basis of the decision
04.
of the Hearing Examiner.
d
FINDINGS OF FACT
f
1. The Applicants have requested approval for an additional
anV C
Findings and Decision of the,`t
Hearing Examiner of the City of Edmondss� x <'
Re:
V-13-85 SIN,
�
Page.
2
free standing sign to be located on property located G 1 ;
...
at 110-190 Dayton Street, Edmonds, Washington. (Staff Report) �
2.
The subject property was part of a contract rezone with
the City of Edmonds. Under the terms of the contract
rezone the property was zoned as CG(general commercial).
However,the contract rezone required the signed code re-
quirements for a BC(community business) zone shall apply
to the subject property. (Bowman testimony)
3.
Section 20.60.040(F) limits the number of free standing
signs on the subject property to one. The Applicants
desire this variance to allow an additional free standing
sign in order to provide information for,the_Harbor Square
Mall. (Edmonds Community Development Code (ECDC) and
Bowman testimony)
4.
On site there is an existing free standing sign that is
Y
located on the southwest corner of the intersection of
M}
of SR 104 and Dayton Street. ( Staff Report)
5.
It is the intent of the Applicants to construct an interior
directory sign near the center of subject property.
(Bowman testimony)
6.
The subject property is a commercial mall located.in down
town Edmonds. Within the site there are eight buildingub
that are serviced with an interior road system. The re-
quested additional free standing sign would provide direc
tion to the various businesses that are located within
these buildings. (Bowman testimony) '
!
7.
In order for a variance to be granted the criteria as set
k
forth in Section 20.85.010 must be met. That criteria'`'
include:
r.
A. Special circumstances relating to the property must.
exist necessitating a variance;
B. The required variance must not result in a special
privilege being granted to the Applicants;
s:
C. The variance must be consistent with the Comprehensive,
z..
Policy Plan Map of the City of Edmonds';
a
D. The variance must be consistent with the purposes of
the zoned district in which the property ,is located;
:+
k
E. The variance must not be significantly detrimental to
the public health, safety or welfare, nor injurious to
..k :.
aiyir` yj Y :•
A\5 r; v i ti
_._ M
the property or improvements in the vicinity of the:
same zone; and,
F. The variance must be the minimum necessary to allowf;
the same rights enjoyed by other properties in
vicinity.
8. The development of the subject property is unique to the
City of Edmonds. It is unique in that it provides'a
commercial mall in the downtown area. With the additional'
free standing sign direction can be given to the pedestrian'.
public for locations of businesses within the mall.
9. The granting of the variance will not be a.special privi-
lege. Because of the uniqueness of the commercial develop,
ment the additional'sign is needed for the convenience -to
the public. (Bowman testimony)
Policy Plan Ma ,of the City of Edmonds
Th
e Com rehensive P p Y
10. p Y
designates the subject property as a mixture of high density
residential and industrial. (Staff Report)
11. The proposed sign will not pose a hazard to the public
health, safety or welfare, nor be injurious to the adjoining
properties. (Staff Report)
12. The variance is the minimum necessary to properly develop
the subject property. The bottom 21 inches of the sign
will be sheet metal that will.be painted black._ This,por-
tion of the sign will be nonilluminated. In addition, the
sign will have a frame that will be lit with florescent
tubing which will be located behind a plastic panel. The
sign will be non -obtrusive.
13. No adverse testimony was received at the public hearing
CONCLUSIONS
1. The applications for the approval of a variance for the
purpose of allowing an additional free standing sign to
be located at the Harbor Square Mall at 110-190 Dayton
Street, Edmonds, Washington.
2. The criteria for the granting of a variance as set forth
in Section 20.85.010 has been met by the application.
h
special privilege is being granted to the Applicants
with this variance.
4. The requested variance conforms with the Comprehensive
.
Policy Plan Map of the City of Edmonds, and is in con-
s;
formity with the policy as set forth in Section 15.15.030
is
(B) (5) of the ECDC.'
,z
5. Although the subject property is contract zone CG, the
signing standards for the BC zone apply. The requested
variance is in conformity with the zoning standards of
the BC zone property.
6. The requested variance will not create a hazard to public
or nearby adjacent properties.
7. The variance requested is the minimum necessary for the
Applicants to properly develop the property and enjoy the
same rights as other property owners in the area.
FE
DECISION
Based upon the preceeding Findings of Facts and Conclusions,
the testimony and evidence submitted at the public hearing ;and
also upon the impressions of the Hearing Examiner at a site
view, it is hereby ordered that the requested variance for an
additional free standing sign on property located at 110-190
Dayton Street, Edmongs, Washington, be granted, subject to the
following condition:;;';:
1. The Applicants are to secure any necessary permits from
the City of Edmonds.
Done and Dated this -'�-- day of June, 1985.
era;
<s ,
NOTICE OF RIGHT TO APPEAL
Written appeals alleging specific error of fact or other grounds '
for a
ppeal may be filed with the Planning Department, City of
d
Edmon s,
Civic Center, Edmonds, Washington, 98020, within seven
(7) days
of the date of the Hearing Examiner's final action.
5 In this
matter any appeal must be received by the Department
prior to
5:00 p.m. on July 1, 1985.
... ,Ms w�r
� r�
s,.
r
CITY OF EDMONDS
NOTICE OF PUBLIC65"HEARI.N00
THE HEARING EXAMINER WILL HOLD A PUBLIC HEARING
THURSDAY, JUNE 6, 1985 , ON THE FOLLOWING APPLICATION:
FILE NO. V-13-85
VARIANCE TO ALLOW AN ADDITIONAL. FREESTANDING SIGN FOR HARBOR
SHARE MALL,
PROPERTY ADDRESS AND LOCATION 110 - 190 DAYTON AVENUE
ZONE DISTRICT CG
THE HEARING WILL BEGIN AT 7,30 PM., 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).
I
THE REMOVAL, MUTILATION, DESTRUCTION, OR
CONCEALMENT OF HEARING IS HIS NOTICE 13EFORE 'T''HE DATE
WARNING! OF THE HA MISDEMEANOR PUNISHABLE
BY FINE AND IMPRISONMENT.i.
JUKE 6, 19R5
THIS (NOTICE MAY BE REMOVED AFTER
{
- >1
roll
� tier .:?r ...`{'Nic^)^S r �+''
;�%• .. °�1: :. ./ � { � r �r 7Tx'
_ w
VI■ ■
OF EDMONDS i
NOTICE OF
PUnts"LIC EARING
THE HEARING EXAMINER WILL HOLD A PUBLIC HEARING
THURSDAY, JUNE 13,
FILE NO. V-13-R�
1985 , ON THE FOLLOWING APPLICATION:
PROPERTY ADDRESS AND LOCATION 110 - 190 DAYTON AVENUE
(DUE TO A ME Di.A FMFRG' NfY THT4 NFARING HAS BEEN RESCHEDULED
TO 7:30 P.M„ JUNE 13, 1985, IN THE COMMUNITY SERVICES BUILDING
CONFERENCE ROOM - 250 5TH AVENUE NORTH)
ZONE DISTRICT
CG
THE HEARING WILL BEGIN AT ] • Vn 2 , .M., IN THE CONFERENCE ROOM OF THE COMMUNI-
TY SERVICES BUILDING, 250 FIFTH AVENUE NORTH, 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).
FILE