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CITY OF'EDMONDS ���r a; 0 1�
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HEARING EXAMINER
EXHIBIT
RECT /ln
APPLICATION FOR VARIANCE
APO S
HEARING ATE:
APPLICANTJohr.
C. F. & Sandra L. Parker: ADDRESS1431 - 8th Ave. South
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CITY & ZIP E
monds Wa. 9802.0. PHONE 771-3208,745-1821,355.1014
INDICATE TYPE
OR DEGREE OF INTEREST IN PROPERTY Owner
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LOCATION OR ADDRESS
OF_PROPERTY1431 -- 8th Ave. South, Edmonds, Wa. 98020
LEGAL DESCRIPTION
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OF PROPERTY l VS ' ( i
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VARIANCE REQUESTED:
1. Set back from 7? feet to 6 feet on south side.'
2. Set Back from 15 feet to 10 feet on east side.,
3. Determination that property has two front yards
one side yard and one'back yard, or.
4.'-Third set back from 7� feet to 6 feet.
FOR OFFICE USE
ONLY: USE ZONE: 5-- 19
ZONING- ORDINANCE
REQUIREMENT;
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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 undersig
ed applicant grants his, her or its permission for public
officials an
the staff of the City of Edmonds to enter the subject property
for the purpose
of inspection and posting attendant; to th�sp/nlication.
/Applicant
,"`` Owner or "
Signature of
Representative
S.'
DECLARATIONS OF APPLICANT R
EXHIBIT 2
Please answer all questions
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1 What are the physical characteristics, (i.e. .topography„
of lot, etc.) which create a hardship for you in regard'to"
development of your property? f�a,
Due, to devlopement of surrounding property, subject property.
was left with streets on three sides. This has lett it without
a true, front, back, two side yard type of house. It ` doesnot
it as a corner plece.of property either, ront, tront, si e
and back yard. Current regulations state that we can have two
variances. one is lost because ot the piacement or subalviTing.,
that has occured in the past. This was something we had no.t
controi over or choice in and we teel sHould not 5e inforced.
2. How does your property differ from other property in the same
vicinity. All other property was left with enough setback and
clearance to ,have two car garages or carports and not require
on street parking. Without the requested variances, we will"
be forced to allways park our cars on the street. We feel this
is an undo hardship on us and the property.
3. Will this variance be detrimental to the public or damaging to
other property or improvements in the vicinity?` No. the requested '
variances will improve and add value to surrounding property
because it will upgrade the -existing to be comparable toTthe
other structures around it.
4 What hardships will result to you if the variance is not granted? E�
r
Will these hardships have been caused by your own action?
If the variance are not granted, we will not be able to improve ?}
the property causing us to sell the property and purchase a 1t:
like structure at a higher price and interest rate, and any
body purchasing our house would be faced with the same problems:
of not being able to park of the street.
5. Can you make reasonable use of your property without the variance?
The house has one bath and one small carport. The remodle will �.
provide for two and a half baths and a three car garage to park
all cars of the city streets. As it is now, it is not reasonalbe is
to use all of the outside property for front yards (three). and
we respectfully request that our variances be grante . T ank you.
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PLEASE ' NOTE: APPLICANT OR REPRESENTATIVE MUST
AT HEAR I NG
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EXHIBIT 1
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STAFF REPORT TO THE HEARING EXAMINER
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FILE #V-6-82
HEARING .DATE: MAY 24, 1982
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REQUESTED"ACTION:
Variance from the two required front yard setbacks at
1431 8th Avenue. South.
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Specifically, code requires,.a 25 foot setback from 14th Way South,,;
which bounds the subject property on the south and east.
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II.
APPLICANT/OWNER:
John Parker`
:1431 8th Avenue South
Edmonds, WA 98020
III.
LEGAL DESCRIPTION:
That parcel identified by the records of the Snohomish County.
Assessor as Parcel 3-054 located within the NE4 of the $E4 of
SW4 of Section 25, Township'27 North, Range 3 East,'W.M, in.
Snohomish County, WA.
IV.
STAFF FINDINGS AND CONLCUSIONS:
A. Description of the Requested Action and Surrounding Area
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The subject property has approximately 8,800 squarefeet of
'area. There is an existing single family residence located on
the property. The property is bounded by streets on three sides.,
The applicant is proposing to add onto the existing house and
also;!
build a two car garage. Code requires 25 foot setbacks on the
south
and east property lines. The applicant proposes a six foot setback
on the south and ten foot setback on the east property line.
Surrounding development is all single family residential.
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B . Official Street Map Proposed R/W Existing R/l+l
West - 8th Avenue South 60' 60'
South - 14th Way South 50' 50'
East - 14th Way South 50' 50'
C. Conformance to Chapter 20.85.010
1. Special Circumstances
Special circumstances do exist in this particular case in that the
subject property has three street setbacks. A normal corner lot would
have two street setbacks and two side setbacks.
hdAL AN&AL
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Applicant; evidence elicited during the public hearing; and
result of the personal inspection of the subject property and the
surrounding area by the Hearing Examiner, the following findz'ngS
of fact and conclusions constitute the basis of the decision of
the Hearing Examiner:h'
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FINDINGS OF FACT
1 The Applicant has requested a variance from the two required
front yard setbacks at property located at 1431 8th Avenue
South, Edmonds, Washington, and more particularly described #
as set forth above.`;':
2. The specific variance request is to allow a six foot setback
on the south side of the property and a ten foot setback on
the east side of the property. The Edmonds Community
Development Code requires 25 .foot setbacks for this
property.
3. It is the intention of the Applicant to add on to -the
existinghouse on the subject property and to build a two
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car garage on the property. In order to do so he must
acquire the requested variances.
4. Subject property is approximately 8800 square feet of area.
It is bounded by a streets on all three sides namely 8th
Avenue South on the west, 14th Way South on the east, and .
14th Way South on the south.
5. Subject property is zoned RS-8 as established in the Edmonds
Community Development Code.
6. In order for a variance to be granted for the subject f
property, the Applicant must meet all of the standards as
set forth in Section 20.85.010 of the Edmonds Community
Development Code. These standards include:
a. Special circumstances relating to the property must
exist necessitating a variance.
b. The requested variance must not result in a special.
privilege being granted to the Applicant.
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C. The variance must be consistent with the I
Comprehensive-PolicyPlan of the Cit of Edmonds. k
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d. The variance must be consistent with the purposes
.with the zoning ordinances in the zone district in
which the property is located.
e. The variance must not be significantly detrimental
to the public health, safety or welfare, or
injurious to the property or improvements in the
vicinity of the same zone.
f. The variance must be the minimum necessary to 'allow
the owner the same , rights enjoyed by other property
owners with the same .zoning.
7. Special circumstances do exist necessitating a variance for
the subject property. As a result of the development of the
FINDINGS/DECISION -.2
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surrounding properties and the construction of a cul-de"sac
the Applicant's property has three street setbacks. .,<A
normal corner lot only has two setbacks and two'°side
setbacks. Thus, the property has a peculiar requirement 'of
having three 25 foot setbacks.
It is the intention of the Applicant to build a garage on
14th Way South in order to eliminate the dangerous situation
of entering 8th Avenue South from the current existing
garage. Thus, the granting of the proposed variance wi'11
not result in the granting of special privilege but in fact
will be advantageous to the public.
The proposed variance satisfies and conforms with the
Comprehensive Policy Plan Map of the City of Edmonds.
The proposed variance, with conditions, will be consistent
with the purposes of the zoning ordinances in the RS-8 zone.
With conditions the variance will not be detrimental to the
public health, safety or welfare, or injurious to the
property or improvements of the adjacent properties.
12. The variance as requested is the minimum to allow the
property owner the rights enjoyed by other property owners
in the vicinity.
13. The Planning Department of the City of Edmonds recommended I
that the variance be granted subject to the following
conditions:
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a. The proposed additions not exceed the maximum
permitted lot coverage of 35%.''
b. The fence located on the east property line be
lowered to three feet from the southeast corner, s
north 30 .feet.
14. The Planning Department testified that they recommended that
the fence be reduced for safety purposes for the traffic
that exists on 14th Way South.
15. The Applicant testified to be in agreement with the
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recommendations of the Planning Department.`'
16.. There was no opposition testimony to the requested varinace. j
CONCLUSIONS
1. The application is a request for variance from the two
required front yard setbacks at 1431 - 8th Avenue South,
Edmonds, Washington, and more particularly described as set
forth above. Specifically the request is to allow a six
foot setback on the south side of the property and a ten f�
foot setback on the east side of the property.
2. In order for a variance to be granted within the City of
Edmonds, conformity must be shown to all the criteria as
listed in Section 20.85.010 of the Edmonds Community
Development Code.
FINDINGS/DECISION - 3
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3. Special circumstances do exist for the granting o'f ..the
variance in that the property has three street setbacks that
were the result of development of surrounding properties.
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4. The granting of the variance will not result in a special
privilege for the Applicant in that it will help all'eviaae
potential traffic problems in the area.
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5. The requested variance is consistent with the purposes of
the zoning ordinances of the City -of Edmonds.
6. The requested variance is not in conflict with the.
Comprehensive Plan of the City of Edmonds.
7. The requested variance will not be significantly detrimental
to the public health, safety or welfare, or injurious to the
properties and improvements in the vicinity with the same
zoning. J
B. The requested variance is the minimum needed to allow the
owner the same.property rights as other property owners have
in the area.
9 The Planning Department of the City of Edmonds recommended:
approval of the requested variance subject to the conditions
listed in Finding 13.
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DECISION !'
C
Using the findings and conclusions as the basis of the decision
of the hearing, the Hearing Examiner of the City of Edmonds
hereby grants the variance request of John Parker. The variance
is for the allowance of a six foot setback on the south side and
a ten foot setback on the east side of the property located at E`
1431 - 8th Avenue South, Edmonds, Washington, and more
particularly described as set forth above. The variance is
granted subject to the following conditions:
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1. All the proposed additions on the subject property may
not exceed the maximum permitted lot coverage of 35%.
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2. The fence located on the east property line must be
lowered to three feet from the southeast corner to k
the north by at least 30 feet. k
3. The third remaining street setback on the subject !
property must meet the city of Edmonds standards.
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DONE AND DATED this day of June, 1982.
FINDINGS/DECISION - 4
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NOTICE OF RIGHT TO APPEAL
d R q�i
Pursuant to chapter 20.100.010,
Edmonds
Community ;Development: t
Code, written appeals alleging
specific
error 'of fact or ocher
grounds for appeal may be filed
with the
Department.' -of Plan Alm
and the Community Development
Director,
within 14 days :6f th"e r
Hearing Examiner's final action.
In this
matter` any, appeal "mush
be 'received by the Planning Department no later than 5`:0Q
June 15, 1982.
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FINDINGS/DECISION - 5
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FILE NO V`E'32
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APPLICANT �10HN. PARKER<
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AFFIDAVIT OF MAILING
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STATE OF WASHINGTON )
rs.
S.S.
COUNTY OF SNOHOMISH ) <<3
MARYANNE TOWNSEND being first duly sworn;
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on oathdeposes, and says:
That on the -_day of the attached l
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Notice of Public of Hearing was mailed as required to adjacent f
property owners; the names of which were provided by the
applicant.
Signed
Subscribed and sworn to before me thisday of
19
Notary Pu is in and f r the
State of ashin on
Residing at
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F E LD M 0"; N D
�rT1fiN
NOTICoE OF
PUBLIC HfftmARiN0'
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THE HEARING EXAMINER
WILL HOLD A PUBLIC HEARING
_ MONDAY, MAY 24,
-19 82 , ON THE FOLLOWING APPLICATION -.I
FILE NO.. v--6-82 -
VARIANCE FROM TWO REQUIRED
FRONT YARD SETBACKS x
PROPERTY ADDRESS AND LOCATION
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143.1 3TH AVENUE SOUTH I, {
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ZONE DISTRICT RS-g
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THE HEARING WILL BEGIN AT 7 :30 P -.M. , IN THE COUNCIL CHAMBERS
OF THE EDMONDS CIVIC CENTER, 250 FIFTH AVENUE NORTH. I,
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).
THE REMOVAL, MUTILATION, DESTRUCTION, OR
CONCEALMENT OF THIS NOTICE BEFORE THE DATE L
WARNING! OF THE HEARING IS A MISDEMEANOR PUNISHABLE 1 .
BY FINE AND IMPRISONMENT. f.
FILE #... N/?! ....... POSTED.. DUNE 4, 1982
;i
ANY PERSON WISHING TO APPEAL THIS DECISION MUST DO SO IN WRITING, CITING