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140 2ND AVE N.PDF«� /� �. (� � ^ � . �� ./°��^� .��� � � � �� \�} � ` � �. «,� � . 2 � � j� . � � :� \ \(� � � � ��(ƒ: . ^ [� � ©. !\) w � � � /� . . . §j \ }� « � ) � �. �\ r . . . � } �� . . �� \ � � � � \) � �� .. 2:� � � d� � � /\� . . � . \^��d\� � ��§\] . . ��\ \ � � . .y ........yy�m®y� d��\&4\, FILL "-Z�-' DATE CITY OF EDMONDS FEE ,d HEARING EXAMINER RECTI APPLICATION FOR VARIANCE': APO'S /­i4• i G!2/� �!JN/�G1�S HEARING DATE:- 1/51/5%� APPLICANT Nny 2�f'AdoC'. ADDRESS 27-0 �1/a2iryet� Gt/q�/ CITY &ZIP ����t/�C t,�/A• 9t1d0 PHONE_ �xT-g7 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY 4�.),, aps LOCATION OR ADDRESS OF PROPERTY v t% z LEGAL DESCRIPTION OF PROPERTY �Et�a��✓! n ` t VARIANCE REQUESTED: o d- 3 GAJ /e f D^^oN ice/ FOR OFFICE USE ONLY: USE ZONE:� ZONING ORDINANCE REQUIREMENT: C d 15 ! rnn�Y QE✓L CNAegP2 L I M I- 5 -4� C.O(L18 CA; -T6 Ta -rLoa) , 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 Sub'ect 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 othis application. S dna e/of Applicant, Owner or R ire entative 1 nn CITY OF EDMONDS File No Ou - q_- E X H I B I T 2 EDMONDS, WASHINGTON Date '-j ee�� - � APPLICATION TO HEARING EX,%-*'INAPO'S L' ER FOR CONDITIONAL USE PERMIT Rect. No. GJLf j J HEARI G DATE i s McDonalds Corp./ 2700 Northup Way APPLICANT: Randy Radock__ADDRESS Bellevue, WA 98004PHONE 827-9700 Indicate type or degree of interest in the propercy:owner OWNER: same as above ADDRESS PHONE LOCATION OF PROPERTY (ADDRESS) 10116 Edmonds Way, Edmonds WA 98020 LEGAL DESCRIPTION OF PROPERTY see attached sheet To be comoleted by Che Planning Division: Use Zone 1 , Legal description checked and approved by: ate: VICINT-TY SKETCH: PLEASE SHOT: BELOW A VICINITY SKETCH AS 'PER EX-A.MPLE, INDICATING NORTfi, h5i. Exa-ale:VA 4 s�,t3�Ecr N RzaF� cam{ 5UaJE-Cr Aka err N COND_T.ION.?L USE ;REQUESTED: building commercial parking lot A GR.hDItJG DETA__S.OF ?RO?O sD USAGE: demolition of buildings, removal of concrete ; pad, addition of planters and repaving where necessarv� and 750 cubic T yards of grading. naC7_ O-4 App'an: Oumar ar Re resentac Ile 4 RELEAS'c!iOLD HARXLT_SS AG'.=Z1!-N7 The unde.rsiFned applicant his heirs and ass:ans, in consideration for :he , C4t? processing the a?plica=ion agrees co release. indemn"v, de_'ena and i hold --he Ci:" o? Edmondsha —less r"ron ary and all da nases and:ar clazrs :or I -da-ages, ine_uding reasonable a::orneys' fees, arisia =tom ar.': attic- r C inac_,-on of the C4 -,v whenever such ae^_ior. o: inac:_on�is basad in v-o_e^or iin oar= upon false. mislead_::¢ or tneomale:e inforna:ion furnished bV azzl iea- , his agents or er, ,sees. Vlb j PERMT.SSION TO ENTER SUBJECT PROPERTY i The un_'ersigned appltcan^ gra-.:s his, he: or its oe-mission for aubiic a:?:c'-als and the scall of :he Cic•r�of Edmands co enter the subje=: proper:v For the purpose of•insoec_ion and oos:ing accendan: to c:,J*s application. i�na: re o• A :can:. Cumer cr 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 development of your property? 1 1 OH / 6Du-o.'U/4/1 %€-�iii9E' Lt/9N /i/717i fig A1 As o vL.�e A7- _'Z-u/e CT R1e.t 2. How does your property differ from other property in the same vicinity? O/Z Lv/VzF ' — DNC lCr0'V r.46G% 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity?? A3 .t/amu/ e.�..✓�x W/LL Hwp4d 3 _ art � 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? 14�70S"cs ' E�r� -s i 6rLa. /Jr�a, r� �-a c )RUS 1e,MAS 4C.CA AL&M&21 SAO 4r 0"40941 - 5. Can you make reasonable use of your property without the variance? E "ll BIT 3 -7053 Ell� I I Y //oG' 3^6 T27N., R. 3 E. .M. T - :w 22603 ; o s cta... r r. a N h 1504 1505 16X ` N h A 2270,t C;U-54•°-85 & V®28-8 /5155109 w22 � C ° 27tt 2X712 ^ a Q a z27rr (] z27t4 flik = zzTr/ n ^ w` CEMETERY c 22719 22720 .227704pi °p Tts 22725 D 22779 1� 9 22728 $ / •O n E121� 22W. GASC7228o4%L4 1.0 22808 � 80722740�O '° ;,ST Q22817 22821 92 0 82122820 12828 22815 T we r! zd9TI 22829 22830 22831 30 22831 ° 0w t+� 2283056 Z9 E` n O , c y 29,rN F~ W 290 22910 229/2 �j 2915 ° 1' '- 22915 z PL S. W. ° 229/9 JJ O = � PA.9KIMF 229 g' d o a 3 3 h 22920 ; 291.q 22933 J0j M - 229Ly c o 930 W 22930 ' 230- r 23006 Z 2 933 3001 y 2 _ 23002 23002 23008 Q b i 2300 $ W iI nono ^0223030on01O6 tiQtio! .oqo t oc-. .cca ehc- aN oc1-w „o0 g•y��0$� d=N 23203217 23004 1303 N$ o 27o810 8 3c3A011012 23030 2324 3029 23103 �2303029 527co 9 23008 27026O 231 10 4 231o2 23100 s 2,3104 c W. 231 it ST2319 23122 2311& 231to 23124 23126 2312 �. }I1 .- t N M M M1 M M N �► iY 2312=o i 3 o N n r _ 6Ri5 �2f o o n o o m S1v°rur $NLEM 1` 3 ' n c ��nrrNb TENNIS ?32 L � 26 ROB- HOOD DRIVE c 30 UrNfR CHURCH I :i �3�oz a1 g WOODWAY HIGH 3 .� C O O O O In 4�• q 6310 23303 0 03306 23230 MOT&uL 33o5 23320 23309 1 23313 4 FRIARS30S 23306 7iC4 23329 , 23330 23321 N O a �'C23312 p gYn —� 23106 a c KE o 233/3 3329 m 23329 7 23328 C ;e °Fr � tms 23419 = 23405 0 0 0 �, ooh Q S 3403 v` L �F NOTTINGHAM LpN 3411 KIT 3427 c o 0 0 0 0 ` o o Z 43,.60 �. 0 o a o 0 0 0 0 $ 2Y 3515 0 Oq I 1 R088ERS ROOST sc T }1000 WAY L 1"'a Yryi VNi n 23520 - 23 HIGH 0 0 0 0 0 4 I 1141 N N N M °r 2305 9 3610 4 g c 611IZ36t0 Q236!9 23605 EVANGEL. O Q' 23615 23bTM PL. SW 61 2 COMM 3621 a N 23618 w 3619 rt t1 t, d 23L20 o Colt_E6E, V ^ g 13614 23626 a X24 'Z � O Stxtr?3627 jT<27 I ;o 24631 ��L27 - 9a u{/Oia 5y 5 5 104 CF E -M -u F —AYf n O I A u � O I E '• D g { 0 -i r- z a • , G� I u{/Oia 5y 5 5 104 CF E -M -u F —AYf n O u � O '• D g { 0 -i r- z a • , I I ro N$ 44 McDonald's. p S? I Lak v 0-1 ;7 { .;c I� � r r McDonald's CoGrOratl0n Aerlalone MaDonatd's Pierre No. Data Ilema Oak Brook, 1111Wa 80621 EDMONDS, WA. -_ issue Oale Drawn Cheakad �'.Bulltlir 7.25.BO rN Aaonro At. U.0—ld C. an MOD.W&I PI... I Oak B.A. 1111nol. 60691 EDMONDS, WA. D Date ate '-llama 1 p �n l I Z n; I i ����- �� �_ Page 4 - November 18 - 22, 1985 DATE DATE t*Y END tiff A-954 ISSUED MAILED REVIEW DOC TYPE CHt LEAD AGENCY tt PROPOSAL - `•� -----------------' y DNS 24 Spokane Co. Air Amend the Spokane Count Air Pollution Control 11-16-85 12-01-86 c` Pollution Authority Regulation 1, Section 6.01 - Opel) Burning, Authority and Section 1.04 - Definition$ 24 Spokane Co. Air Build one 51x344 ft. laying house for 3O,OD0 I1-19-85 12-04-85 Pollution chickens to replace four 40x200 ft. laying houses Authority for 40,000 layers, Wispering Pines Ranch, S 12316 Sends Rd., Valleyford (Don Richner) _ 24 Spokane County Rezone 11,200 eq. ft. to Residential Office to allow 11-18-85 12-04-85 a beauty shop in an existing building, N 403 , University (Richard Vigil) 24 Spokane County Construct 4 office/warehouse buildings totalling 11-18-85 12-04-85 24,950 eq. ft., NW corner of Montgomery and University (Metro Hauling Inc.) , 24 Spokane County Broadway Apartments, rezone 28,400 eq. ft. to 11-18-85 12-04-85 Multiple Family Suburban for construction of 12 apartment funits, Broadway Ave., 50 ft. W of Raymond Rd. (Wolfland Company) 24 Spokane County Rezone 40,700 eq. ft. to Restricted Industrial for 11-18-H5 12-04-85 - construction of a storage area, perking compound, and warebouae/office buildings for Cater Ven Lines, NW corner of Broadway Ave. and Girard Rd. (James Connors) 24 WA State Dept. Approve closure plans for a multiple drum storage 11-20-85 of Ecology area, a single drum storage arae, and a tank, Seat Hawthorne Rd., Mead, Spokane County (Kaiser Aluminum and Chemical Corporation) 1- 24 WA State Dept. Convert 1 acre of timberland to agricultural use, BE 11-12-85 12-03-85 j of Natural corner of 57th Ave. and Regal St., Spokane (Alvin 11 Resources Rhoads) 17 WA State Dept. Hunt Pit, surface mine 250,000 tons of rock from 11-13-85 12-02-85 of Natural 23.2 acres over a one year period and crush rock, Resources Douglas County, Sims Corner between SR -17 and SR -172 (Ellensburg Cement Products, Inc.) 113 Chelan County Selectively log an area from the river back 200 ft., 11-13-85 12-01-85 F neer Bridge Creek in the Icicle Valley (The Church j in Moses Lake) �- 20 Yakima Health Construct a solid Neste transfer station, 2812-1/2 11-14-85 11-29-85 Diet, Terrace Heights Dr., Yakima (Yakima Valley Disposal Company) 26 Benton County Reshort plat 10.46 acres into 4 lots, W side of 11-18-85 12-03-85 Finley Rd., 1/4 mile S of Bowles Rd. (Den Chavez) ! ----------------------------------------------------------------------------------------------- NAT 5 Pierce County Issued a building permit for construction of 60 multiple dwellings in 9 structures, Pairmont Park Apartments II. 7315 East'L' St.. Tacoma 14 Skamania County issued a building permit for Silver Star Cabinets, Inc. for a 1500 ■q. ft. second addition to an existing 4852 eq. ft. cabinet shop, Silver Star Ranch, Silver Star Lane, Washougal 15 Skamania County Issued a building permit for 2 microwave radio repeater stations, Biddle Butte and Cook Hill (MCI Telecommunications Corp.) 3 City of Mount Issued a mechanical permit for installation of a Vernon cyclone dust collector, Alf Christianson Seed Company, Railroad Avenue and Milwaukee Street, Mount Vernon 3 City of Mount Approved construction of a 4 acre neighborhood park Vernon with 2 baseball fields, 50 space parking area, reatrooms, concession building, etc., 18th Street Playground j 6 City of Lynnwood Issued special use, clearing and grading, demolition, and stars detention permits to demolish 2 houses and develop n 17 acre shopping cenirr with 160,000 eq. ft. •pace, 3301, 3333, 3501 - 184th Sl. SW page 3 - November 18 - 22, 1985 DATE DATE ### END tttf y', A -95t PROPOSAL ISSUED MAILED REVIEW i DOC TYPE CH# LEAD AGENCY ## ---------------------- -- ---------- ----------------------------------------------------- ---------- City of Edmonds H & E Motel Addition, add 16 second story unite to n 11-19-86 12-04-85 DNg 6 motel at 23921 HWY. 99 (Yoe Young Gihs) 6 City of Edmonds Edmonds Sunset, construct e 7 unit condominium on a 11-19-85 12-04-85 ! 85x135 ft. lot, 1008 - 6th Ave. S (John Kennedy) -i 6 City of Edmonds Expand McDonald's parking Into demolish buildings, 11-19-86 12-04-65 remove concrete pad, and r+do parking lot, 10116 : Edmonds Way(McDonald's Corp.) 6 City of Everett (Revised) Bogle Trace, a 219 unit apartment complex I1-12-85 on 7.55 acres (previous proposal was 192 units on 7.2 acres), W casino Rd., E of 11th Dr. (Trademark Communities, Inc.) Everett Construct a 6 unit apartment on 6,400 ■q• ft., 3617 11-15-85 12-02-85 5 City of Hoyt Ave. (Greg Kramer) - 5 City of Kirkland Sternoff Condominiums, rezone 0.82 acres to RM 2.4 11-18-85 12-03-85 m532 parking and construct a 14 unit condominium spaces under the building, 535 and Kirkland Way (Robert Sternoff) Seattle Tyee Middle School Playfield Improvements; regrade I1-14-85 11-18-85 12-02-85 6 City of the 1 acre site; install nod, irrigation system, and backstop; and plant trees, 13630 SE Allen Rd., Bellevue - 6 City of Seattle Add 10,220 sq. ft. to the Chinese Baptist Cburch, I1-21-85 12-06-85 5801 Beacon AVe. S (Chinese Baptist Church) Rezone 0.9 acres to General Commercial, N of BE 11-19-85 12-03-85 5 Ring County North Bend Way, W of SE 740th St. (Those. Thornton) 5 Hing County The Residence Apartments, rezone 1.64 acres to 11-19-85 12-03-85 and 40 Multiple Resbuildings, 154th St. andt40thts in 3 buildings, NW corners of Sct Ave-. S (Robert Neal) 5 King County l 11-19-85 cSi 12-03-85 residentialclots�,bNiofdNE4195th.34 ando9of 76th Ave. NE (Nick Uren) j. Inn, construct a 43 unit motel with 11-19-85 12-03-85 5 King County Edgewood Motor ft. a 2.73 acre site, 14600 - 46Bth 19,462 sq. on Ave. SE (Johnny Cheng) 1i 1.7 acres to Multiple Residence and construct 11-19-85 12-03-85 b King County Rezone a 3,000aq• ft. bank building and 15,000 sq. ft. of } f office space with 100 parking .paces, NE corner of S Bank) 348th St. sod I at Ave. S (American Savings InHlemoor Pump Station, modify the pumphouse and 11-14-65 11-29-85 5 NE yoke Washington construct 2 new pumps, 50 ft. of 16 inch water main, from the building Sewer end Water and 70 ft. of 18 inch water main to the existing reservoir, NE corner of 84th Ave. N6 and NE 150th St. Snohomish County 4miles between SR -99 in 11-12-85 11-15-85 Improvee 11-27-85 5 5R-527164tMill Creek Lynnwood nd in 5 Snohomish County Subdivideresidential Off 11-20-85 12-16-85 NEres nearsto the7Sisco Height Road,(Kevinf Finke) Construct a footbridge over North Creek with a 6 11-20-85 12-05-85 5 Snohomish County inch aide sewer line attached to the bridge to serve e single family hose, neer 196th St. SE, Kennard Corner (James and Inge Schuster) 6 WA State Dept. Skykomish Salmon Hatchery Modifications, replace 11-20-85 12-04-85 i of Fisheries three 60 inch pipes with a bridge over May Creek, 100 offill, replace j install a bulkhead and cu. yds. rearing ponds, rock sill in Wullace Creek, resurface Snohomish County etc., 1 mile W of Coldbar in 23 City of Moses Develop . mobile home sales lot on 3 acres, W 11-15-85 ]2-02-85 Lake Broadway (Art Berger) 23 City of Moses Moses Lake Terrace Apartments, construct a 20 unit 11-15-85 12-02-85 Lake low-income senior apartment complex, intersection of 7th and B.lsem (EPi.cop al Diocese of Spokane) tt i 9a `� l kf; E y �x .✓tea 4 rA q • Nav CITY OF E 0 M O N D S LARRY S NA�IGH7EN t 250 51h AVE. N. EDMONDS, WASHINGTON 98020 • (208) 7713202. COMMUNITY SERVICES zV71 ('ETER E HAHyNda t S' 44 i 3 m i l Yi gel DATE: November 25, 1985 TO: James Driscoll r 510 Second Ave.. W. Seattle, WA 98119" TRANSMITTING: December 5, 1985 Hearing Examiner Agendas Exhibits for V-28-85,: GU 54-85, V-24-85 and V-9 85 V AS YOU REQUESTED: FOR YOUR INFORMATION: XXX AS WE DISCUSSED: { FOR APPROVAL: FOR YOUR FILE: XXX REVIEW AND COMMENT COMMENT AND RETURN.• MINUTES OF MEETING: z REMARKS: t PLANNING DIVISION 9 cc: Colleen Betteridge Susan Painter PUBLIC WORKS • PLANNING PARKS AND RECREATION • ENGINEERING E t YSt ' EXHIBIT 1= STAFF REPORT TO THE HEARING EXAMINER FILES: CU-54-854 V-28-85 i HEARING DATE: DECEMBER 5, 1985` I. REQUESTED ACTIONS: Conditional use permit for a commercial parking lot and grading approximately 750 cubic yards at 10116 Edmonds Way, Edmonds. Variance to allow three driveway curbcuts instead of the maximum' allowed two curbcuts at 10116 Edmonds Way, Edmonds. II. APPLICANT/OWNER: t McDonalds Corp. ` Attn: Randy Radock 1 2700 Northrup Way Bellevue, WA 98004 IIT. LEGAL DESCRIPTION: Ii See Exhibit 4 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surrounding Area The subject property is an .6 acre parcel located on the western side of Edmonds Way in the Westgate area of Edmonds. There is a building located on the eastern half of the site that will be demolished as a result of this proposal. The Applicant is proposing to replace the existing building with a 31 space parking lot, adjacent the existing McDonalds i parking lot. In conjunction with developing the parking lot, there will be grading up to approximately 750 cubic yards of earth. Because there will be three diveway entrances under one ownership, a variance is needed. Surrounding development is primarily commercial development. Up the hill to the west, is single family development. B. Official Street Map Proposed R/W Existing R/W East - 3rd Ave. W. 70' 70' C. Conformance to Chapter 20.85.010 Variance Criteria a a 1. Special Circumstances ix k f Staff Report Page 2 5 V-28-85 & CU -54-85 t A I .M Special circumstances do appear to exist in this particular case. The property ownership has 200' in frontage along Edmonds Way. The proposal will eliminate one of the existing curbcuts on the property, and redesign the remaining curbcut to a right"turn only exit. 2. Special Privilege F � As recommended, the proposed variance does not appear to represent a grant of special privilege. i 3. Comprehensive Plan The proposed variance does not appear to conflict with { the purposes of the Comprehensive Plan. } 4. Zoning Ordinance The subject property and the surroundin properties to y i the north, south and east are zoned BN ?Neighborhood Business). To the east is RS -8 zoning. The proposed variance does not appear to conflict with the purposes of the zoning ordinance. j 5. Not Detrimental p� As recommended the proposed variance does not appear to ! pose any significant impact to the public or to any nearby private property or improvement. 6. Minimum Variance The proposed variance does appear to represent a minimum request. D. Conditional Use Criteria I Except for the issue of transferability, the criteria fora conditional use permit are covered under the review criteria, j for a variance, as outlined above. Regarding the issue of transferability, the permit should be 1 transferable. V. STAFF RECOMMENDATION: Staff recommends that CU -54-85 and V-28-85 be approved subject to the following conditions: 1 1. Comply with all Architectural Design Board requirements.. 1 S 4 {y�6KT PLEASE PRINT YOUR NAME AND ADDRESS BELOW IF YOU WISH TO SPEAK ON .TAI EM AND/OR WISH TO RECEIVE A COPY OF THE HEARING EXAMINER'S FINDINGS OF CU -54-85 MCDONALDS CORP. Conditional Use Permit for a commercial parking 'lot,,,and gradyng 750 cubic yards of earth at 10116 Edmonds Way. V-28-85 Variance to allow three driveway curbcuts instead of the maximum allowed two curbcuts at 10116 Edmonds Way. NAME ADDRESS {Y l Yl'3 k� ,l,ryry F]:NDINGS AND DECISION�� f OF THE HEARING EXAMINER OF THE A CITY OF EDMONDS 3 x q z IN THE MATTER OF THE APPLICATION FILE: CU -54785'& ai e I OF THE McDONALDS CORP. FOR AP- V-28-85 PROVAL OF A CONDITIONAL USE PERMIT AND A VARIANCE DECISION: The conditional -usepermit as requested II is grantedsubject to the conditions` listed. The variance as requested is r granted subject to the conditions listed.` F INTRODUCTION The McDonalds Corp., 2700 Northrup Way, Bellevue, Washington,; 98004, and hereinafter referred to as Applicant, has requested approval of a conditional use permit for a. commercial parking lot and grading approximately 750 cubicyards of fill material at 10116 Edmonds Way, Edmonds, Washington.. In addition, the Applicant has requested,a variance to allow. three driveway curbcuts instead of the maximum allowed two curbcuts,on the property located at`10116'EdmondS;Way, Edmonds;` Washington, and more particularly described as ;set forth in Exhibit 4 to the hearing. A hearing on the request was held before the Hearing: Examiner,' of the City of Edmonds on December 5, 1985. At the hearing the following presented testimony and: evidence:, 1 Duane Bowman Stephanie Edwards Planning_ Dept.2700 Northrup Way City of Edmonds Bellevue, WA 98004 Edmonds, WA 98020 i Alan Finkelstein Bob Ryan 13635 Bel -Red Road 23001 102nd Pl. West Bellevue, WA 98005 Edmonds, WA 98020 Roy Stringer 10116 Edmonds Way Edmonds, WA 98020 At the hearing -the following exhibits were submitted and admitted as part of the official recordofthese proceedings: Exhibit 1 - Staff Report 2 - Application/Declarations 3 - Vicinity Map. "is 4-- Parking Lot Plan 5 - Landscape Plan 6 — Grading/Drainage Plan t r Findings and Decision of the Hearing Examiner of the City of Edmonds f� Re: CU -54-85 & V-28-85 Page 2 4? After due consideration of the evidence presented by<:the Applicant, 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 findings of fact and conclusions constitute the basis of the decision of the , Hearing Examiner. FINDINGS OF FACT 1. The application is for the approval of -a conditional use.p.ermit', for a commercial parking lot and the grading of approximately 750 cubic yards of material at 10116 Edmonds Way, Jadmonws, Washington. In addition, the Applicant is seeking a'variance to allow three driveway curbcuts instead of,the .maximum allowed curbcuts at 10116 Edmonds Way, Edmonds, Washington. (Staff,' report and Bowman testimony.) 2. The subject property is a .6 acre parcel of land that is located on the western side of; Edmonds Way in the area known as Westgate in the City of Edmonds.Currently on site is a building that is used as a beauty salon. 'The existing building located on the eastern half of the site will be demolished. After demolition the Applicant desires to convert the property into a 31 space parking ;lot that will be adjacent to an existing McDonalds Restaurant parking lot. (Staff report.) - 3. In order to develop the parking there is a'need for grading approximately 750 cubic yards of fill material. It is for, this request that the Applicant seeks a conditional use permit. (Staff report.) 4. Section 18.40.030 of the Edmonds Community Development Code (ECDC) requires that any person performing any grading in- volving more than 500 cubic yards on any lot, or contiguous j lots, must obtain a conditional use permit. (ECDC.)` 5. In order for a conditional use permit to be granted the Findings and Decision of the Hearing Examiner of the City of Edmonds " } Res CU -54-85 & V-28-85 ` Page 3 D. The Hearing Examiner shall determine whether the condi tional use permit shall run with the land or be personal (ECDC.) 6. The subject property is zoned BN (Neighborhood Business). The properties to the north, south and east are also zoned BN. The property to the west has an RS -8 zoning. (Bowman '. testimony and Staff report.) 7. The Comprehensive Plan of the City of Edmonds designates the parking lot that is the subject of this request. as Commercial Business. (ECDC.) 8. It is the intent of the Applicant to demolish the existing building on site and replace it with 31 parking places. In`' order to do so, the property must be leveled and 'thus it is' necessary to provide for approximately 750 cubic yards of fill material to be graded on site. (Edwards testimony.) 9. A representative of the Applicant submitted that it is necessary to increase the parking facilities for the, McDonald's Restaurant in order to have room for employees to park. The employees currently park on property owned by parties other than the Applicant. This privilege is now going to be denied. (Finkelstein testimony.); y 10. A property owner west of the subject property testified that he does not have problems with the extension of the parking lot and the land use involved,but there have been difficulties with trespassing occurring on his property. According to the witness (Ryan) students from the Woodway High School use his property as an access to the McDonald's' j Restaurant. This has resulted in the creation of foot paths throughout his property. In addition, garbage has collected on his property. (Ryan testimony.) 11. Currently on the McDonald's site is a cyclone fence that is located on the west end of the property. This fence is in the process of being repaired and reconstructed. It is the intent of the Applicant to expand this fence to the area j west of the proposed parking lot. (Finkelstein testimony.) 12. The fence is located within the Applicant's property approxi- mately 70 feet from the adjoining property line. The area in which the fence is located is a forested area that, also; i has berry bushes and falling trees. With the fence, increased forestation and the additional growth of the berry bushes, pedestrian travel through this area will be restricted. i (Stringer testimony.) 13. Section 18.80.080(C)(4) of the ECDC limits the number of curb cuts on one street for any one ownership to not more i t ' 1 -fir 3 P3 d R 4 S' r Findings and Decision of the Hearing Examiner of the City of Edmonds E Re: CU -54-85 & V-28-85 I Page 4 is than two. The Applicant desires three curb cuts off Edmonds' I Way. (Staff report and ECDC.) 14. The property that is being purchased by the Applicant is a beauty salon that has two curb cuts. Thus, the existing number of curb cuts on Edmonds Way in the current situation:-, r is four. With the Applicant developing the property there 4 i will be a reduction of the number of curb cuts from four'to i three. (Edwards testimony.) i i 15. In order for a variance to be granted within the City of Edmonds the criteria as set forth in Section 20.85.010 of the ECDC must be satisfied. These criteria include: i A. Special circumstances relating to the property must exist necessitating the variance; B. The required variance must not result in a special �- privilege being granted to the Applicant; C. The variance must be consistent with the Comprehensive jPolicy Plan Map of the City of Edmonds; D. The variance must be consistent with the purposes of l I) the 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 property or improvements in the vicinity of the same zone; and, i' F. The variance must be the minimum necessary to allow the same rights enjoyed by other properties in the same zone. ii (ECDC.) 16. The property ownership of the Applicant consists of 200 feet frontage along Edmonds Way. As noted above,the proposal will eliminate one of the existing curb cuts on the property. (Bowman testimony.) 17. The number of curb cuts will not conflict with the purposes of the Comprehensive Plan and the BN zoning of the City of Edmonds. (Staff report.) 18. The Planning Department of the City of Edmonds has recom- -j mended approval of the conditional use permit and the.variance subject to the following conditions: 1. Comply with all Architectural Design Board requirements. 1 z , s i � 2� Ykf�rv'91�d a'q ( Findings and Decis._._)n of the Hearing Examiner of the City of Edmonds r'r Re: CU -54-85 & V-28-85 fi A Page 5 ry day (( 2. The southern most exit onto Edmonds Way must be signed 4 I as an •exit only - right turn only. 3. Obtain a grading permit for the 750 cubic yards from f the Building Department. 19. The -Applicant submitted no opposition to the recommended conditions of approval., ICONCLUSIONS ' 1. The application is for the approval of -a conditional use permit for the development of a commercial parking.lo,;and t, the grading of approximately750 cubic yards of,material on`property located at 10116 Edmonds Way, Edmonds, Washington.., In addition, the Applicant requests approval ofla variance` to allow three driveway curb cuts, instead of the allowed two curb cuts on the subject property. ! 2. In order fora conditional use permit to be granted the criteria as set forth in Section 20.05.010 of the ECD'd must be satisfied. These criteria have been:reviewed_and f with conditions the application will satisfy the :criteria.' 3. For a variance to be granted ,within the City; of Edmonds the criteria as forth in Section 20.85.010 of the. ECDC''must' e be satisfied. A review of the criteria with the 'factsiof ;. this matter has been made and with conditions.the' crte'ria will be satisfied. 4. Special circumstances do exist for the granting of a variance. P Although there will be an increase in the allowed;' number of, curb cuts on the property, there willin fact be a reduction of the existing curb cuts. This will facilitate a better, traffic flow. 5. The granting of the variance is not the granting of a special privilege. 6. The requested variance is not in conflict with the purposes' of the Comprehensive Plan and in particular the Commercial Business purposes. 7. The requested variance is not in conflict with the BN zoning. 8. The requested variance will not impact the public or private property or improvements in the area. 9. The proposed variance is the minimum request. t , 4 r v �j 5 1 . a 1 The specific variance as requested by the Applicant (V-28-85) is for the allowance of three driveway curbcuts instead of the maximum allowed two curbcuts at 10116 Edmonds Way, Edmonds, Washington, and is granted subject to the following conditions: 1. The southern -most exist onto Edmonds Way must signed as an exit only - right turn only. 2. The conditions for the conditional use permit as set forth f above must be adhered to. ii Findings and Decision of the Hearing Examiner of the City of Edmonds f#, Re: CU -54-85 & V-28-85 Page 6I v, 10. The conditional use permit should run with the land and the z: Applicant shall be required to record it in the form of a covenant with the Snohomish County Auditor. 11. The conditional use permit may be used by a subsequent purchaser of the property and thus may be transferable. DECISION Based upon the preceding Findings of Fact and Conclusions- the testimony and evidence presented at the public hearing; and upon; the impressions of the Hearing Examiner at a site view', itis hereby ordered that the requested conditionaluse permit (CU -54-85) be granted. In addition, the requested variance (V-28-85) is also granted. The specific conditional use permit (CU -54-85) is for commercial' parking lot and the grading of approximately 750 cubic yards of material on property located at 10116 Edmonds Way, Edmonds,, Washington, and is,granted subject to the following,conditions: 1. The Applicant shall comply with all Architectural Design Board requirements. 2. The Applicant must obtain a grading permit from the Building, Department for the grading of the 750 cubic yards of fill material. 3. The Applicant shall be required to record the conditional use permit in the form of a covenant with the Snohomish County Auditor. This must be done prior to any grading occurring on site. i i 4. The Applicant shall be responsible for any clean -upon the public right-of-way that is required as a result of the grading on the subject property. Should the City of Edmonds be required to do any clean-up, the Applicant shall be responsible for paying the costs. j. 5. The conditions of the variance are to be applied to the conditional use permit. The specific variance as requested by the Applicant (V-28-85) is for the allowance of three driveway curbcuts instead of the maximum allowed two curbcuts at 10116 Edmonds Way, Edmonds, Washington, and is granted subject to the following conditions: 1. The southern -most exist onto Edmonds Way must signed as an exit only - right turn only. 2. The conditions for the conditional use permit as set forth f above must be adhered to. ii w Findings and Decision of therk IIearing Examiner of the City of Edmonds it Re: CU -54-85 & V-28-85 Page 7 a 3. The Applicant shall extend the cyclone fence on .the west end of the property to include the west portion of the proposed' 1 i parking lot. <. r _ Entered this 19th day of December, 1985, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of . the Community t Development Code of the City of Edmonds. i 1 i S R t4 J ES M. DRISCOLL e ring Examiner NOTICE OF RIGHT TO APPEAL ] Written appeals alleging specific error of fact or other grounds 'for appeal may be filed with the Planning Department, City Of, Edmonds, Civic Center, Edmonds, Washington, 98020, within fourteen (14) days of the date of the Hearing Examiner's final action. In I this matter any appeal must be received by the Department prior to 5:00 p.m. on -January 6, 1985. i t � - s F S i { S # FILE NO. V-28=85, McDonalds Co APPLICANT rp i, AFFIDAVIT OF MAILING 7 STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH i_ Susan Painter being first duly sworn, on oath ' deposes and, says That on the 19th day of November ,19 85 the attached n Notice of Public Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. r' Signed a�. Subscribed and sworn to before me this /9-`' day of 19 s' j V Notary Public in and for the State of Washington. Residing at,,�C�,c { i r �v 3j x dSx 1 ,x A, i V iA ff � YS3� y, r i A., FILE NO. V-28-85 't j - APPLICANT McDonalds Corp. l AFFIDAVIT OF POSTER I STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH } Duane Bowman being first duly sworn, on oath, deposes and says: That on the 19th da y of November , 1985 ,the attached Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, P � , in the Frances Anderson Center and Civic Center, and where applicable on or near r the subject property. Signed p Subscribed and sworn to before me this day of s .t dry 1 Notary Public in and for the State of Washington - Residing at GL'ao-ac { (i r F. t?, � \ ,� � � / � j� dj d«] %/\{ :� / k?\ »\<} ►\\ ;w2 p X i A i� STATE OF WASHINGTON ) COUNTY OF SNOHOMISH j Susan. Painter s: deposes and says: That on the 27tf THE HEARING FXAMINER WILL HOLD A PUBLIC HEARING THURSDAY, DECEMBER 5, iS 85 , ON THE FOLLOWING APPLICATION: FILE NO. cti-54-85 & y-28-'05 CONDITIONAI USE PERMIT FOR A COMMERCIAL PARKING LOT AND 'GRADING 750 CUBIC YARDS OF EARTH; VARIANCE TO ALLOW THREE DRIVEWAY CURBCUTS (APPLICANT: MCDONALD'S) PROPERTY ADDRESS AND LOCATION 10116 EDMONDS WAY ZONE DISTRICT 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 W am R'lk vim I CONCEALMENT OF THIS NOTICE BEFORE THE DATE ■ OF THE HEARING IS A MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVE® AFTER DECEMBER 5, 1985