125,137,145 THIRD AVENUE.pdfI
IF
vi
CITY & ZIP Lynnwood, Washington 98036 PHONE_ 771-2300 z ,,
INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Architects
LOCATION OR ADDRESS OF PROPERTY 125, 137, 145 Third Avenue
LEGAL DESCRIPTION OF PROPERTY See Attached
VARIANCE' REQUESTED : As proposed, the plan requires three curb cuts on Third Avenue ,
South. Per Section 18.80.060 (,c)(4), only two are allowed.
FOR OFFICE USE ONLY: USE ZONE �3 G
ZONING ORDINANCE REQUIREMENT:
Release/Hold Harmless Agreement
The undersigned 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/or claims 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.
Signature o Applicant, Owner or
Representative
Michael S. Medina
i Y
iQ1lLI'y,s��.ot
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DECLARATIONS OF APPLICANT
5
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
:}
development of your property?
In order to minimize adverse impacts of increased traffic to and from the.:..
new business site, the proposed drive-thru access lanes have been separated
,
J.
from the customer parking area and the drive-thru facility is'being;located
at the rear of the site in order to minimize its exposure to pedestrian and
neighborhood view. This necessitates the one-way curb cuts as proposed,
hence the need for three separate cuts: a single two-way for customer
parking and a pair of one-way cuts for drive-thru circulation.
2.
How does your property differ from other property in the same
vicinity?
This property is located on an oblique corner. Two.of the three curb cuts
are on a different property line from the third curb cut. Additionally,
since two of the curb cuts will: be one way only, each.wi'll presumably
receive only half the use of a two-way curb cut.
3.
Will this variance be detrimental to the public or damaging to
other property or improvements in the vicinity?
No. The proposal actually minimizes adverse impacts not only by allowing
the proponents to separate drive-thru traffic ,from parking areas, but also
creating two narrow curb -cuts instead of a.wider two-way curb -cut, -shorten-
ing the distance in which pedestrians will be subjected to automobile_ hazards.
Additionally, since the curb cuts are one-way only,.automobiles will be
approaching pedestrians from only one side.
4.
What hardships will result to you if the variance is not granted?
Will these hardships have been caused by your own action?.
If the variance is not granted, one curb cut will be eliminated,
necessitating the removal of at least two much -needed parking stalls and
likely creating a congestion problem and resulting traffic hazard by
forcing drive-thru users to use the same curb -cut area as those who wish
to park their cars and walk inside the bank.
5.
Can you make reasonable use of your property y without the variance?
r
It is possible to conduct business without'the-variance, but the adverse
impacts resulting and described in -item 4. above may aggravate possible
customers to the point of wanting to do business elsewhere. Also, the
City may object to a possible resulting need for on -street parking should
the variance not be granted.
s ,,
1EXHIBCITY OF EDMONDS "1 File No �'CJ-G,S
EDMONDS; WASHINGTON Date f mac`
Fee
APPLICATION TO HEARING EXA!INER ,r Sul,
FOR CONDITIONAL USE PER*SIT Rect. No,
HEARING DATE Grp
APPLICANT:D, I Vie, ADDRESS� Zx� �� fit._ �✓PHOP;E_7ZI--3aD5,=,:
Ly''oct+
Indicate type or degree of interest in .the property"zow': L)vle(�:
y� l II� 2 ((�� Vj
n- OTATNER: (IIVII:wdz, �Mioyici� IiL' DD y5PHONE
LOCATION OF PROPERTY (ADDRESS) 1ZS ?,/'t l\VetgV4e.
LEGAL DESCRIPTION OF PROPERTY
To be completed by the Planning Division: Use Zone Gr
Legal description checked and approved by:
ir#•+ttt•�tk***�c�eA•iF**•k'�itk�.`•*t*:ticicF**kie�•**•*•*•*k***ir*•Fk•Ink*F*�e�*ir•!c �•*'•� ;i�'::�tk:�:': hs+; :'; ;�:r;c
VICINITY SKETCH: PLEASE SHOVI BELOW A VICINITY SKETCH AS PER EXAMPLE,
INDICATING NORTH.'
Example:
Ilk 6 u e rc r
i.--, I
CON'D?TIONAL USE REQUESTED: PIZlyF- -I� ��� F461
DETAILS OF PROPOSED USAGE:G-4-1�p AETATZHE—C-)
C—
ig a ure o Applicant, Owner oz
Representative
RELEASE/HOLD HAKMLESS AGREEMENT
.. The undersigned applicant, his heirs and assigns, in consideration for the
City processing.the application agrees to release, indemnify, defend an" -
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. I
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 ofinspection and p sti g a enda t t this
application. I J•
1p, ature a ADD ant, , Oa-ner or
Representative
34.
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EXHIBIT 1
'x
STAFF REPORT TO THE HEARING EXAMINER
FILES #CU-65-83 & #V-1-84
HEARING DATE: FEBRUARY 2, 1984
I.
REQUESTED ACTION:
1,
Conditional use permit to allow a drive-thru bank facility and to
excavate approximately 3,370 cubic yards of earth at 125, 137
and 145 3rd Ave. S.
Variance to allow three curb cuts onto,3rd Ave. S.
II.
APPLICANT/OWNER:
Applicant - CDA, Inc. Owner - Ruth Sater
C/o Michael Medina 523 Maple St. #201
4230 198th St. S.W. Edmonds, WA'98020
Lynnwood, WA 98036
III.
LEGAL DESCRITPTION:
f
See Exhibit 3.
IV.
STAFF FINDINGS AND CONCLUSIONS:
A. Description of the Subject Property and Surrounding Area
The subject property is located -on the oblique corner on the
I
east side of 3rd Ave. S., where it intersects James St. It is
approximately 145 feet deep, with 235 feet of frontage along
3rd Ave. S. The site area is 28,270 square feet. The existing
Rainier Bank parking lot abuts the north property line. There
is one single-family dwelling to the south of the subject site.
1' a roximatle 10 5 feet long and abuts
The rear property line �s 9
p P y PP y
a 16' wide public alley. The site slopes gently east to west
and is occupied by three older wood frame homes, two of which
are presently uninhabited.
B. Official Street Map Proposed R/W Fxisting R/W
West - 3rd Ave. S. 60601
East - Alley 16' 161`
C. Special Circumstances
Special circumstances appear to exist in.that proper access
will better be developed with three cuts, as opposed to two,,
at this location. Pedestrian/automobile; conflicts will be mini-
mized with the three curb cuts.
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PLEASE PRINTrYOUR NAME AND ADDRESS
BELOW IF YOU WISH TO SPEAK ON THESE ITEMS`
65 83 , `COMMERCIAL DESIGN ASSOCIATES; LNC
CCU :....�
,
-CONDITIONAL.USE PERMIT
TO ALLOW A DRIVE-THRU BANK FACILITY AND°TO
EXCAVATE 3,370 CUBIC YARDS OF EARTH AT 125, 137, & 145 3RD:AVE,` S
` 84 VARIANCE TO CHAPTER 18.80.060(,C)C4)
TO ALLOW THREE CURB CUTS
INSTEAD OF THE TWO ALLOWED
AT 125, 137, & 745 3RD AVE. S.
NAME
ADDRESS
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HEARING DATE: FEBRUARY 2, 1984
I.
i�
1
i A i
FINDINGS AND DECISION r�
ty`
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
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IN THE MATTER OF THE APPLICATION FILE: CU-65-83 & V tl $4'''�w
x`
OF CDA, INC. FOR APPROVAL OF A
CONDITIONAL USE PERMIT AND
VARIANCE
f
DECISION: The conditional use permit and variance
are granted subject to the conditions
listed.
INTRODUCTION
CDA, Inc., c/o Michael Medina, 4230 198th Street S.W., Lynnwood,
Washington, 98036, and hereinafter referred to as Applicant, has
requested approval of a conditional use permit and a variance for
property located at 125, 137, and 145 3rd Avenue South,.Edmonds,
Washington, and more particularly described as set forth on the
attached Exhibit 6.
The specific request is for a conditional use _permit to allow
a drive-thru bank facility on the subject property and a con-;
ditional use permit request to excavate approximately-3,370
cubic yards of earth on the subject property. In addition,
the Applicant has requested a variance to allow three curb
cuts onto 3rd Avenue South, Edmonds, Washington.
A hearing on the request was held before the _Hearing Examiner;;
of the City of Edmonds on February 2, 1984.
At the public hearing the following presented testimony;
Duane Bowman `Michael Medina;
Planning Department 4230 198th St. S.W.
:..
City of Edmonds Lynnwood, WA 98036
Edmonds, WA 98020
f ,..
Roger Hertrick_:
1020 Puget Drive
Edmonds, WA 98020,"
At the hearing the following exhibits were submitted and ad-
mitted into evidence:
Exhibit 1 - Staff Report
" 2 - Applications and Declarations-
3 - Site Plan and Building Elevations.'
,t
3 t v ,,gyp
INN {
Findings
F 1
and" Decision of the
Hearing
,
'Examiner of the City of Edmonds r A' bra
Re:
CU-65-83 and V-1-84�"''
x"
Page:
3
1 y
14
`
to private properties or improvements; and,
D. A determination must be made as to whether the con
ditional`use permit should be transferable.a'yk.
6.
In order for a variance to be granted within the Cit. of
a "
Edmonds, the criteria as listed in Section 20.85.010 must.'
be met. These criteria include:
a.
`A. Special circumstances relating to the property must
u;
exist necessitating the variance;
B. The required variance does not result.in a special
privilege being granted to the Applicant;'.
C. The variance must be consistent with the Comprehensive
Policy Plan of the City of Edmonds;
D. The variance must be consistent with the purposes` of
zone district in which the, property is located;
E. The variance must not be significantly detrimental to
`
the public health, safety or welfare, nor injurious'to
the properties or improvements in the vicinity of the
same zone; and,
F. The variance must be the minimum., necessary to.allow
E
the same rights enjoyed by other property 'owners,in
the same zone._
7.
The subject property and the surrounding areas are all zoned
BC - Community Business.
8.
The Comprehensive Policy Plan Map of .the City of 'Eamon ds
designates the subject property as Commercial` Business.
9.
The Applicant has submitted as Exhibit 3 to the hearing a`:
copy of a site plan. Attached hereto and hereby, incorporated
as part of these findings is a copy of the site plan.
10.
As shown on the site plan there will be three proposed curb
cuts' off 3rd Avenue South. The southern cut will be for the .-one- ',
way entrance for the drive-thru bank entry. This lane will
enter on the south side of the subject property and continue
to the east portion of the property and then travel in a '
northerly direction to the drive-thru of the bank. The lane.
will be able to stack up to ten cars.
11.
The Applicant'.s representative testified that there should.
be no problem with excessive stacking other than that:as..
projected in the drive-thru entry way. According to the
Applicant's representative,the average number of cars to
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Findings
and Decision of ' the Z c
Hearing
Examiner of the City .of Edmonds `',
Re:
CU-65-83 and v-1-84 ' _'`'
rsti
,
Page
4�
be stacked up will be from 4 to 6'vehicles.'
`
12.
Another curb cut will be located on the northern portion.
of the subject property and will exit onto 3rd Avenue
off the western edge of the subject property, This will
'
be the exit for the drive-thru facility at the bank.
rG1
13.
The Traffic Engineer of. the City of Edmonds has determined
°cif
that the traffic coming off the northern curb cut will be.:
'
restricted to a right-hand turn only:
14.
The other proposed cut on the property is between the two
previously mentioned cuts. This will provide for 'a two-
way lane for access into the bank parking lot. There will
be no restrictions on the turns from this lane.
15.
In order for the bank to adequately serve pedestrian
traffic and to provide drive-thru service it is necessary
that 1,570 cubic yards of earth be excavated. In, addition,
1,800 cubic yards of earth must be excavated in order to
provide the ,'basement for the bank.
16.
The Applicant has agreed to submit a storm drainage plan.
In addition, City ordinance 1924 requires the -Applicant.
to submit a storm drainage plan and a water retention..
plan.
17.
The PlanningDepartment of the City of Edmonds recommended
approval of the requested conditional use permit and the
variance subject to the following conditions:
A. All truck routes are to be reviewed and approved by
both the Public Works Director and City Engineer,
with application for building permit.
B. The hours of operation for the grading should be.
limited to 8:00 a.m. to 5:`00 p.m., Monday through
Friday.
C. Provision shall be made to keep all public streets
clean and swept during grading and building.phases
of the project.
D. The excavation area shall be fenced.
E. The north curb cut shall be designated right turn
only.
.18.
The Applicant's spokesman testified to be in support
of the recommendation of the Planning Department.'
19.
Witness.Hertrick testified to be in support of the request,
r
•
i ,i
t ff
Findings and Decision of the',
Hearing Examiner of the City of Edmonds
k
Re:
CU-65-83 and V-1-84
Page 5k4
and questioned the distance from the northern exit of
`
the proposed site to the closest entrance of theta.
Rainier Bank site.
20.
The Planning Department's representative testified that
they did not have the exact figures of the distance'
between the two cuts as requested by the Witness Hertrick
but did testify that the Traffic Engineers of the.City
of Edmonds had studied the proposal and were satisfied
with the location of the curb cuts and the traffic
patterns generated by them.
21.
No other testimony was received at the public hearing.
CONCLUSIONS..
1.
T is for the _ approval of a conditional use
The application
permit to allow a drive-thru bank facility and to excavate
3,370 cubic yards of earth at 125, 137 and 145 3rd Avenue So.
Edmonds, Washington, and more particularly described as set
forth on the attached Exhibit 6. In addition, the Applicant
has requested a variance to allow three curb cuts onto
3rd Avenue South, Edmonds, Washington.
2.
The proposed request is consistent with the zoning ordi- '
nances and the zone district in which the proposal is
located. The subject property is zoned Commercial
Business (BC) as are the, other properties in the area.
3.
The requested permits do not conflict with the Comprehensive
Policy Plan Map of the City of Edmonds. The Comprehensive
Plan designates the subject property as Commercial Business
and that is the use for which the subject property is to be
used.
4.
The proposal will not be detrimental to the public health,
safety or welfare, nor to nearby properties or improve-
ments.
5.
Special circumstances relating to the property necessitate
the granting of a variance. These special circumstances
are that the property is on an oblique corner necessitating
at least three curb cuts to provide safety for those using
the bank.
6.
The granting of the variance will not be a special privilege
to the Applicant. It will provide a service to the City of
Edmonds in that it will provide additional banking services
in the form of drive-in banking facilities.
.7.
The requested variance is the minimum necessary to allow
the property owner the same rights as granted other pro-
;,
1
MMAl"
1
THE HEARING EXAMINER WILL HOLD A PUBLIC HEARING
THURSDAY, FEBRUARY 2, 19 84 , ON THE FOLLOWING APPLICATION:
FILESNO. CU-65-83 & V-1-84
CONDITIONAL USE PERMIT TO ALLOW A—DRIVE—THRU BANK FACILITY AND
4
TO EXCAVATE°3,370 CUBIC YARDS OF EARTH. VARIANCE TO ALLOW THREE
CURB CUTS ONTO 3RD AVER So
. t
i
PROPERTY ADDRESS AND LOCATION 1251 1371 & 145 3RD AVE, S.
k
ZONE DISTRICT
B �
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
CONCEALMENT OF THIS NOTICE BEFORE THE DATE
WARNING9. OF THE HEARING IS A MISDEMEANOR PUNISHABLE
BY FINE AND IMPRISONMENT.
THIS NOTICE MAY BE REMOVED AFTER FEBRUARY 2, 1984
1
E.