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CITY OF EDMONDS FEE
BOARD OF ADJUSTMENT
RECT ,� 2-60. &
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_`-� APPLICATION FOR VARIANCE APO'S
HEARING DATE :
49
APPLICANTa►'��. (��k'.�_ Lr t i / I' Vh .� ADDRESS
CITY &ZIP OGp m o rj of SPHONE 77 W- y C 3
INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY
LOCATION OR ADDRESS OF PROPERTY
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LEGAL DESCRIPTION OF PROPERT ,�_a A L 7- f (1L 1= O 3
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VARIANCE REQUESTED: Q ,.
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FOR OFFICE USE ONLY
USE ZONE: i
ZONING ORDINANCE REQUIREMENT: lQQyFbc`�►�� �i�'%�G' pC
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STATE OF WASHINGTON
) ss. �
COUNTY OF SNOHOMISH)
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r Signature of Applicant, Owner, `or
Representative
On this date, before me, the undersigned, a Notary Public in a for the St to
of Washington, duly commissioned and sworn, personally appeared,\//J�,?/
who, being duly sworn, on 4/her oath deposes and says that (s)lYe has prepared
and read the attached statements and has acknowledged to me that the recititations
contained therein are true, and has signed this instrument as k4?5/her free and
voluntary act and deed for the purposes therein mentioned.
Subscribed and sworn to before me this / day of 196-d'
y�- ;�CE Y ED
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SAY Z 1 '80 Notary`'Public iD and for the State of Washington,
residing at
CITY OF EDhtONO$
PLANIVIn OEPT.
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Record of Findings
of Fact by Board of`Adjustment
of
The Board of Adjustment for the
of Edmonds finds in the case 00
City / --
Fi l e No.
-So request for variance at ,13 i
/10
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the following:
1.
That notice was given according
to Code requirements, and Affidavits attesting,to.same;
are in the file.
Z.
That the foregoing set forth Standards
and Criteria each have/have. not been met.
3.
In addition that
4.
Therefore, the request for variance is Granted, subject to the following special
conditions:
.
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5.
Section 12.1 G.110 "----and if a
building permit and/or occupancy Mrmi t is not obtained
the Board's decision, the con-
for the subject property within
one year from the date of
be automatically null and void.---"
ditional use permit or variance
shall
6.
Decision shall be effective on:
Date
DATED: 1 Chairman, Board of Adjus
DATA
Date of Application:
Date of Publication:�C
Date of Posting:
Date of Appeal
Date of Nearing:
Continuances:
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BOARD OF ADJUSTMENT
June 18, 1980
The regular meeting of the Edmonds Board of Adjustment was called to order by Chairman:
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Paul Roy at 7:30 p.m. in the Council Chambers of the Edmonds Civic Center. Chairman
¢{f
Roy welcomed the audience and explained the functions of the Board, the`procedilre of
the hearings, and the method of appealing decisions of the Board.
PRESENT ABSENT STAFF PRESENT''
Paul Roy Harold Hatzenbuhler Duane Bowman, Associate Planner.".
Muryl Medina Bill Leraas Jim Adams, City Engineer
Jack Byrd Wayne Tanaka, City Attorney
Ann,Derleth Jackie Parrett, Deputy City.'Clerk
J
Anne McGee
_
APPROVAL OF MINUTES
MR. BYRD MOVED, SECONDED BY MRS. McGEE, TO APPROVE THE MINUTES OF MAY 21, 1980.
`
MOTION CARRIED.
REPORT FROM STAFF .
Mr. Bowman reported that with regard to CU-35-80 on this evening's agenda the concerns
raised by the Engineering Divsion had not yet been resolved so he suggested it be
continued to the next meeting, and he had so advised the applicant. MRS. MEDINA
MOVED, SECONDED BY MRS. McGEE, TO CONTINUE CU-35-80 TO JULY 16, 1980. MOTION CARRIED.
AGENDA
V-15-80;, RON'AND,JACKIE WILLIAMS - Variance from required side yard setback at. 1315 ,.
9th Ave..N.(RS-12)
The application was to reduce the west side yard setback from 10' to 51,
resulting in a 5' variance. Mr. Bowman reviewed the variance criteria.
This would not amount to a rezone. The conditions not generally applicable
to other properties in the same district were that the subject property is
a corner lot and must meet front yard setbacks from both Hindley Lane and
9th Ave. N. Strict enforcement of the zoning code would restrict the
design and location for a garage on this property. The special conditions
were not the result of actions of the applicant. The practical difficulty
was that there really was no other place to construct a garage unless it
was to be off 9th Ave. which is a very busy street. The granting of they
variance would not be detrimental to the health and safety of property
owners in the vicinity. Mr. Bowman considered this to be a minimum variance
to make possible reasonable use of the land, and he felt granting of the:
variance generally would be in harmony and compatible with the zoning code.
The applicant intended removing an existing nonconforming one -car garage
�i•:.
and constructing a larger garage, meeting all the setbacks except for the
requested variance. Mr. Bowman recommended approval. The hearing was
opened to the public.
Dick Geigle, P.O. Box 2309, Lynnwood, representing the applicants, said the:
existing garage is too close to 9th Ave. and too small, and the applicants
wish to construct a two -car garage accessing from Hindley Lane. Lou`
Oskowski, 710 Hindley Lane, asked how far back from Hindley Lane the new
1.
garage would be and he was told it would be 25'. He said there is a traffic.`
jam at Hindley and 9th every weekend and if the garage were too close to
the street there would be cars parked there and a sight obstruction created.,
(At this time Mrs. Derleth arrived.) Mr. Geigle was asked how large the
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garage would be and he said it would be 18' wide, not actually a two -car'
garage but a large one -car garage. The public portion of the hearing was
closed.
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Mr. Byrd commented that it appeared this would be an improvement over the
existing situation as the existing garage is nonconforming and protrudes
very close to Hindley Lane. He felt it was a minimum variance.request;and
5
that the variance criteria appeared to be met. THEREFORE; MR V:RD°MOVEO,';
SECONDED BY MRS. MCGEE,;TO APPROVE V-15-80._. MOTION CARR;IED,'WITH;.MRS:`.
DERL6TH ABSTAINING BECAUSE SHE WAS NOT PRESENT FOR'MOST OF THE HEARING.
TM
V-17-80 EUGENE PAGANO - Variance from required side yard setback at 21224 95th Ave.
W. S-8
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This request was for an 8" variance, the required side yard setback being
'
7 1/2' and the request being to reduce the setback to 6'10". Mr. Bowman
reviewed the variance criteria. This would not amount to a rezone. This
house is older than adjacent homes and the situation was created by an old
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subdivision and was not the result of actions of the applicant. Strict
enforcement of the zoning code would not deprive the property owner of
rights commonly enjoyed by other properties in -the district, but practical
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difficulties would exist as the existing house is nonconforming by 8" and
'
the applicant would not be able to even up the north elevation of the
existing house with the proposed addition and the addition would have to
set back 8". Granting of the variance would not be detrimental to the
health and safety of the property owners in the vicinity. Mr. Bowman felt
this was a minimum variance to make possible reasonable use of the land and
that granting of the variance generally would be in harmony and compatible
}
with the zoning code. He recommended approval. The public portion of the
hearing was opened-..
The applicant said all he wanted to do was square off the property and the
neighbors did not object. No one else wished to speak, and the public
portion of the hearing was closed.
MR. BYRD MOVED, SECONDED BY MRS. DERLETH, TO APPROVE V-17-80 BECAUSE THIS
APPEARED TO BE A STRAIGHTFORWARD, MINIMUM VARIANCE REQUEST AND THE CRITERIA
WERE MET. MOTION CARRIED.
V-18-80 GARY A. VISSER, JR. - Variance from required rear yard setback at 21124.
8 n Pl. W. RS-8
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The application was for a 5' variance, reducing the required 15' rear
setback to 10'. The applicant wished to add 10' to the rear of his garage
for storage. The existing garage is 8' from the west lot line and the
garage cannot be extended toward the house because there is a sanitary
sewer easement there. Mr. Bowman reviewed the variance criteria. This
would not amount to a rezone. There were no conditions or circumstances
not generally applicable to other lands in the same district, and strict
enforcement of the zoning code would not deprive the applicant of rights,
commonly enjoyed by other properties in the same district. The special
condition resulting from actions of the applicant was his plan to add an
additional area to the garage for storage. There were no practical diffi-
culties in carrying out the provisions of the zoning code, but granting of
the variance would not.be detrimental to the health and safety of the
!_
property owners in the vicinity. Mr. Bowman felt this was a minimum variance
to make possible reasonable use of the land, although he said the applicant
could put an addition onto the house but it would be much more costly and
unsightly. He felt granting of the variance generally would be in harmony
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with the zoning code. He recommended approval. The public portion of the
hearing was opened.
The applicant said his property is right on the tip of a cul-de-sac and
because of the lay of the land there is no way to make the addition except
to the back of the garage. He is a remodeling contractor and he did not
want to add to the house because he wanted the storage room for his tools
and he would not want the tools in the house. He said they had moved from
a larger house to this one and many things have had to go to the garage.
No one else wished to speak, and the public portion of the hearing was
closed.
BOARD OF ADJUSTMENT
Page 2 - June 18, 1980
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PLANNERS VARIANCE REVIEW FORM "FILE
gas.
APPLICANT: Ron & Jackie Williams,vs
ADDRESS: 131`5 9th Avenue North ZONING: RS-12 `12'
VARIANCE REQUESTED: Reduce required sideyard setback to 5' .
ZONING CODE REQUIREMENT: Sideyard setback is 10' in' the RS-12':zone htf a
OTHER PERTINENT FACTS: 1
;rt :
VARIANCE CRITERIA - Section 12.16.100
1 Does this amount to 'a rezone? No.
- t3
2.(a)'Are there conditions and/or circumstances not generally applicable to other
lands in the same district? Yes, the subject property is a corner lot
and must meet frontyard setbacks from.both Hindley and 9th Avenue North.
(b) Would strict enforcement of the zoning code deprive the property owner of rights f
commonly enjoyed by other properties in the same district? Yes, will restrict
design and location for a garage for this property.
3. Do the special conditions result from the actions of the applicant? No.
-4. Are there unnecessary hardships and practical difficulties in. carrying out the
provisions of the zoning code? Yes. There is really no other
place to construct a garage. ff
5. Will the granting of the variance be detrimental to the health, safety, or welfare f..
of property owners in the vicinity? No. '
6. Is this the minimum variance that will make possible the reasonable use of land?
Yes.
7. Will the granting of the variance generally be in harmony and compatible with this !
zoning code? Yes Applicant intends to remove the existing non-conformingi'
one car garage and construct a two car one meeting all setbacks except l'
this variance request.
STAFF RECOMMEND: APPROVAL (.
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I T Y OF
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NOTICE
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THE d �`� WILL_ HOLD A PUBLIC HEARING
une-e19
, ON THE FOLLOWING APPLICATION:
FILE NO. V"715 V I� L _ �.J ® a,� !u i_
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PROPERTY ADDRESS AND LOCATION�.--�
ZONE DISTRICT"
THE HEARING WILL BEGIN AT e .M. , IN THE COUNCIL CHAMBERS t.
OF THE EDMONDS CIVIC CENTER, 250 FIFTH AVENUE NORTH.
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 COMMUNITY DEVELOPMENT 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 COMMUNITY DEVELOPMENT DEPARTMENT,
505 BELL STREET, EDMONDS (PHONE 775-2525, EXT. 227).:;'
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THE REMOVAL, MUTILATION, DESTRUCTION, OR �
° CONCEALMENT OF THIS NOTICE BEFORE THE DATE
dr-�• fl „ OF THE HEARING IS A MISDEMEANOR PUNISHABLE
BY FINE AND IMPRISONMENT.
THIS NOTICE MAY BE REMOVED AFTER
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Affidavit of Publicatian'f
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,;
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+� 71�EARING'P:ETITIbN t .� q
J FO '.t/AR1i4NCEF? §
«'§i fBY�EbMOND5 t4;, The undersigned, being first duly sworn on oath deposes and says'
}BOA�tDti dF CADJU5t Et►T 4:
<rJAu,sintprested,!'aersogs ste, that she is Principal Clerk of the EVERETT HERALD, a daily news
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H ereby 'nml led That ,ed"'c
`' °�' °t 46 paper printed and published in the City of Everett' County of Snoho
dateJf, t0 f heartpo<yw+petiHon: s +
filed' bti 'Rog6tJadcle' Wu=. mish, and State of Washington; that said newspaper is a newspaper
lamsy,torko:vtiFian fr,
redulrea+:Ideva�a�se cic:m of general circulation in said County and State; that said newspaper
" o13/5 2thHAvenue4North, sottl
rooerlyl betriQ'+zon'edt RS t2 ;
',Sa1d�heartnQY'.wm be,m has been approved as, a legal 'newspaper by order of the Superior
7 30 E P.M, In ;the. Council
Chambers`of the.fclvlc 7Cen Court of Snohomish County, and that the notice
ter, 1rEdmo�ds,�� WashlnOton,: ...........................Y
`, before!.the.8oard,`ot,`Adlust-' ; �y
ment antl bfl tnter6sted NOTICE OF HEARING
son; area lnylted,,to oppeor; ;
t IRENE` VARNEY �'
.........: ..... _.
l M6RAN
CItV' of''Edmonds r'
-FiteN.W1580<
....... ......................... .........
Published rlupc3. t980 , :;
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... ........ .....:... ......... ....... ..__.:_.. .....:.
a printed copy of which is hereunto attached, ;was published in said
newspaper proper and not in supplement form, in . the regular and
entire edition of said paper on 'the following `days and times, namely:
JUNE 21 1980
.. ...... ..... ... ..... ......._.. ..._ _
............................
and that said newspaper was regularly; distributed to its subscribers
during all of said period.
...................................................... ......... .._..---- --_:_. :_........
Principal Clerk
Subscribed and sworn to before me this __3rd
.�.. ..
DUNE 8
dayof ..... ................................... 19.....
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- �tq�4 Public in and for the State of Washington,
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NOTICE OF HEARING PETITION
FOR VARIANCE
BY EDMONDS BOARD OF ADJUSTMENT
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All interested persons are hereby notified that Wednesday,
the
18th' day of June 19 80, has been set
as the.
date for hearing, petition filed by Ron & Jackie Williams
for a varianceft from required
,
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sideyard setback
;C
at 1315 9th Avenue North
said property being zoned RS-12
Said hearing will be' at 7:30 P.M. in the Council Chambers'
of the
Civic Cen`ter, Edmonds, Washington before the Board ,of Adjustment
and all interested persons are invited to appear.
IRENE VARNEY MORAN
City Clerk, City
of Edmonds
FILE NO: V-15-80
PUBLISH:6-2-80