17019 76TH AVE W.pdfF I7
DATE
FEE
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z. CITY OF EDMOND S
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BOARD` OF ADJUSTMENT
RECT #
APPLICATION FOR VARIANCE,}
APO S
HEARING
DATE: .j "'Cj
APPLICANT Daniel Staber ADDRESS 19824 Ashworth Ave, N : fi�rr'
CITY & ZIP Seattle 98133 PHONE
775-1591
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INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Owner
LOCATION OR ADDRESS OF PROPERTY Approximately
17019 - 76th
Ave. W.
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LEGAL DESCRIPTION OF PROPERTY Attached
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GERALD Wz L'OVELLY P L 5 4 !
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JUROEN P SAUEHLANO' P LSI
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LOUTS F CAVIEZEL P E`
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Lovell-Sauerl nd & As-soc,iates, lyric,
Engineers • Surveyors • Development Consultants • Planners
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February 11, 1980,
LSA File No., 80=-532
Staber`Short Sub iv
Variance
' _
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The applicant is 'requesting a variance to the'requirement for a mimimum
lot size of 20,000 square feet as itspertains to Lot 4'of a short'sub-
division. As proposed, Lot 4 is dissected by 'a zoning boundary which -
places 1012.0 square feet into the RS 12,000;zone and 18116.0 square
feet into the RS 20,000 zone. The variance would be a minimum request,
�.
being approximately four percent less than the required 20,000 square
feet of area. As a requirement of a prior, short subdivision made by the �,
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applicant, it was necessary to deed the west.10 feet, of the premises to
the City to supplement the right of way for 76th Avenue West. This con- -
veyance was made without monetary consideration to the applicant:- Had
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same not been necessary, and said strip of land remained a part of the
property, a variance such as requested hereby would not be necessary.:
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-Further, it should be noted that serious survey, problems in the area
'
make accurate computing of the area for Lot 4-impossible at this time.
4
Utilizing various methods (from past surveys and title reports) a range
of from 19008 to greater than 20,000 square feet can be derived.
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23106 - 100TH W. EDMONDS, WASH. 98020 PHONE 775.,1593
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Lovell-Saerla nd & `As's.' tes
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File N o.
80-532'
Staber Short
Subdivision
,
January
31 1980
VICINITY PROPERTY OWNERS
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The following is a list of'persons owning property within
80 feet of
the proposed Staber Short
Subdivision:
K & K Homes
Gerald'D. Foss
2002 - 196th S.W.
16900 -- 76th Ave. W.
Lynnwood, Wa. 98036
Edmonds, Wa. 98020
Carl Steen
Peter Bilder
17020 - 76th Ave. W.
7406 Meadowdale Beach Road
Edmonds, Wa. 98020
Edmonds, Wa. 980,20
iI
Stephen & Janice Nofziger
William Wert
`
16919 - 76th Ave. W.
16931 - 76th Ave.W.
Edmonds, Wa. 98020
Edmonds, Wa. 98020
Warren B. Nichelin
John T. Emel
16925 - 76th Ave. W.
721 Alder Street-
Edmonds, Wa. 98020
Edmonds, Wa." 98020
John & Patricia Wallace
Muriel'A.-Daniel
7521 - 172nd Pl. S.W.
17029 - 76th Ave. W.
Edmonds, Wa. 98020
Edmonds, Wa. 98020
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CITY OF
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23106 100TH W.
EDMONDS. WASH. 98020 PHONE 775.1593
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PLANNER'S VARIANCE REVIEW FORM FILE
APPLICANT:
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ADDRESS:— 1 lf)lg PNe- W ZONING: V-S- t�-4- 26
VARIANCE REQUESTED:
ZONING CODE REQUIREMENT: Zo i moo t z, oo o i;., :S n^tl west- r,er•A-rior
OTHER PERTINENT FACTS: 9-S i2l XS-2ra bay.-^claary crosses ragae,vfu gpleah7L/
eas:� o- k Vie, )y ep_+weev% �p,ra posed to is 3+ A ArP o (► cav\v 0W IM
t-.S E- W 1 fi�
n •4-In cx- out � a�tr�k far-s�eex� i k cow s
VARIANCE CRITERIA - Section 12.16.100 o, ei o sq• �'+ to}- swbdi vided aa.�.ltear (�q-tz.) ;;
1. Does this amount to a rezone? no
2.(a) Are there conditions and/or circumstances not generally applicable to other
lands in -the same district? �� Loy-. ra ra,or'co.0 ^tra, lc- -1 an
w •C Sf �e.b � e a s+ � �o.^.e.. b a wne�e-Y..� �'s u.p.�, � o-,c � .r+P..4-� /w
(b) Would strict enforcement of the zoning code deprive.the property owner of rights
commonly enjoyed by other properties in the same district? ksd,. 4,
AAk 7.ni000 1� n ✓- aUbve'`
3. Do the speci al conditions result from the actions of the applicant?
S C-e,V a u s Of- c.a gA_1n' -
S i vti.r.��,� �� aw � � •via s u� c.i �-• l c
4. Are there unnecessary hardships and practical difficulties in carrying out the
provisions of the zoning code? A/o woc-lc� rP�"_L,, t 444r,_
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5. Will the granting of the variance be detrimental to the health, safety, or welfare
of property owners in the vicinity? /�/o �
6. Is this the minimum variance that will make possible the reasonable use of land? I
/,S i+z v1 i tnu rn h-o ►ti i-v ryas o
to k .• K4-e- clo es d iLi 1 -e�
7. Will the granting of the variance generally be in harmony and compatible with this I
zoning code? ?
Planner's Variance Review 12/77
a
~% . . �' NOW-Auilm
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Lid ,the following: F , .
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'
1.
That notice
was given according to Code 'requirements, and Affidavits attesting to same::`
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are in the
file.
2.
That the foregoing
set forth Standards and Criteria each havel4•t-been met.
3.
In addition
that
4.
Therefore,
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the request for variance is Bid/Granted, subject to the following special
5.
conditions:
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Section 12.16.110 "----and if a building permit and/or occupancy Foermit is not obtained
„ forthe subject property within one year from the date of the Board's decision, the con-
ditional use permit or variance shall be automatically null and void.---"
6. Decision shall be effective on:
Uate
nt
DATA
Date
of
Application: �/
Date of Hearing:
Date
of
Publication: :31c l
Continuances:
Posting:����
Date
of
-
Date
of
Appeal from Decision of the Board:
Secretary, Board of Adjustment
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CITY uAg"' F E M t F��
o"F PUBLIGAff"HEARING-,...,..
THEBWILL HOLD A PUBLIC HEARING
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Mar& 19 , ON THE FOLLOWING APPLICATIONOra AAAA.
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FILE NO., V.-6
0
vqaff_%&uNme A Ed
lot
PROPERTY ADDRESS AND LOCATION APD rvoy i m
ZONE DISTRICT ®�
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THE HEARING WILL BEGIN AT ® 40 M. , IN THE COUNCIL CHAMBERS
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).
THE REMOVAL, MUTILATION, DESTRUCTION, OR
CONCEALMENT OF THIS NOTICE BEFORE THE DATE
WA R N I N ® OF THE HEARING IS A MISDEMEANOR PUNISHABLE
BY FINE AND IMPRISONMENT.
CPO do
THIS NOTICE MAYBE �,
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F' 4•
NOTICE OF HEARING PETITION
'tiftI
FOR VARIANCE
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BY`EDMONDS BOARD OF ADJUSTMENT
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All interested persons are hereby notified that Wednesday,
the
19th day of March 19 80 has been set
as the
�Y
date for hearing petition filed by Daniel Staber
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for a variance - g Aimlx )pxmWx to reduce the
minimum
required lot area
at approximately 17019 76th Avenue West
said property being zoned RS-12/RS--20
i,
Said hearing will be at 7:30 P.M. in the Council Chambers
of the.
Civic Center, Edmonds, Washingtonbefore the Board of Adjustment
and all interested persons are invited to appear.
IRENE VARNEY MORAN
City Clerk, City
of Edmonds
FILE NO: V-6-80
PUBLISH: 3-5-80
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`
BOARD OF ADJUSTMENT
19, 1980`
'March
The regular meeting of the Eu"w/= """'" of Adjustment was called,to ~'.^' by Acting �
Chairman
cna rman Jack Byrd at /:35 p w m the Council ^.a"be." of the Edmonds ,`,.c Center.~_~^`
`
' PRESENT ABSENT STAFF PRESENT
`
` Jack Byrd ,uu/ Roy Richard .^..~~., Assistant. .." Planner'.
nu.y. Medina"Harold Hatzenbuhler Patrick Wilson,--Assistant—-i-' —Engineer
^^
Ann Derleth Bill Leraas Wayne Tanaka, City Attorney
`Anne McGee Jackie Parrett, Deputy City Clerk
�
�
ua/.""" "y." "=.`""e" the ~~~'^'~^ and explained —~ functions -- of -- Board, — —the
'
procedure of the hearings,and the method of ~'r^~'^g ~^^'~'-'~ of the ---'—
�
APPROVAL OF MINUTES
MRS. DERLETH MOVED, SECONDED BY MRS. McGEE, TO APPROVE THE MINUTES OF FEBRUARY 20'
.980. ,=.^~. CARRIED..
There was no representative present for the item on the Continued Agenda, so MRS.
DERLETH MOVED, SECONDED BY MR3, McGEE,TO CONTINUE CU_70-80/V_3-80'(GO NJOY FOODS
. CORPORATION) TO THE APRIL MEETING. MOTION CARRIED. .
Mrs. DeMeth advised and she would not he able to participate in the lust item on the
' agenda, V-9-80 — Frank Leifer, because she felt she may not be impartial and in
_
accordance with the Appearance of Fairness Doctrine. Without her participation there
would not be a quorum. Hrs. McGee said she, also, could not participatefur the same
reason. MR6. MEDINA MOVED, SECONDED BY MRS, DERLETH, THAT V-9-80 BE CONTINUED TO THE
NEXT REGULAR MEETING. MOTION CARRIED. '
AGENDA
'
, �
`V-6-80 DANIEL STABER -Variancetominimum iredlut t roxf-��'
- h�Ave.0' -(R3_12/RS�2O)
This application was to reduce the area of one lot in a four -lot subdivision
+. 10 ,rx "" ++ �
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-
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owner gave for not having unvuxo ^yuu,e footage was "e`"",e of . previous
subdivision which created two lots and required a dedication to the City of
10' for the 76th Ave. W. right-of-way. Mr. Pearson said that was not a
valid argument because that still would be a requirement of any subdivision.
He showed slides of the property and said he did not find any special
property in the same district.
conditions not generally applicable to other
The land is fairly level to the west and steep to the east, with the zoning
boundaries approximately at the topography break. The property is zoned
xu u in the portion to on developed as Lu`" , ^ and ~ and ~..g^^'y to
the t of the boundary between Lots x and * the zoning com/yc" to "" 2"
nr reumux said several of the lots in that area have that long, '—row
—
configuration, with the two types of topography, and they all have the same
zoning boundary running through in the same approximate location. He said
the request would be a minimum variance but they could make reasonable use
of the land without it, and the Planning Division does not interpret reason-
ao/e use to mean getting possibility
of getting additional footage from the adjacent lot to the east because it
just meets the ^yu^rc 'vut*ye ,cyv`.e""."p. "'"' ~~~''~ ~^^~~ ~'~~ =--- .
the lO' strip was to the City. Mr. Pearson.responded that additional area
could he purchased at a future date if it became necessary to widen the .
' street.
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The public portion of the hearing was JerryLovell of Lnvell-
Sauerland &Assnciates, Inc., said that in the past there had been a sort'
of policy that in an instance where a property owner has been requiredto
dedicate property he has beet allowed to count that in the lot's square,
footage when it was very clo e. He said the dedicated property is given to
the City gratis, and if ther were a project to widen 76th in this area the
City would have to purchase nough right-of-way on each side to do so. He
noted that the variance requ sted was only 5%, and he did not think a land
surveyor could see the diffe ence between this 19,128 sq. ft. lot and a
20,000 sq. ft. lot in walkinj it. Peter Bilder of 7406 Meadowdale Beach
Rd., owner of property to th north and also to the east of the Staber
property, said several years were spent determining an easement onto the 1'
Staber property from 74th Av . W. and on June 21, 1978 the Board of Adjust-
ment had granted a variance ut limited the use to three houses, not four. s'
Mr. Lovell responded that Los 1-3 access from 76th and Lot 4 is one of
those having access from 74th. The public portion of the hearing was
closed.
Mrs. Derleth commented that this was not a large variance but each of the
other lots were just a bare ninimum in size. She said her interpretation
of the Zoning Code was minimum lot size and not getting less. She noted
that many other lots on 76th had developed without variances, and for that
reason she was inclined to vote against the variance because she did not
see a hardship that was unique and different from others in the area. MRS.
MEDINA MOVED, SECONDED BY MRS .
S. McGEE, TO APPROVE V-6-80 BECAUSE SHE FELT IF
THE PROPERTY HAD THE LAND WHICH HAD BEEN DEDICATED TO THE,CITY IT WOULD
MEET ALL ZONING REQUIREMENTS, AND ALSO, SHE FELT THE VARIANCE WOULD NOT BE
MATERIALLY DETRIMENTAL TO T E'PUBLIC OR INJURIOUS TO THE OTHER PROPERTIES'
IN THE VICINITY. SHE FELT IT WAS AN ABSOLUTE MINIMUM VARIANCE IN ORDER TO
MAKE IT A FOUR -LOT SUBDIVISION. THE MOTION CARRIED, WITH MRS. DERLETH
VOTING NO. Mr. Bilder still felt the previous action limiting access to
three lots on the easement as being disregarded. Chairman Byrd explained
that the Board had considered the information but felt it was not pertinent
to the issue before them, and they had approved a very minimal variance but
what they had done did not invalidate the previous action of which he
spoke. Mrs. Medina said wh n these applications come in the files should
be checked for any previous action. Mr. Pearson said it appeared from the
information he had that the a was adequate access, but he said he would
investigate the matter.
V-7-80 RANDY GARVIE - Variance from required side yard setback at 23816 74th Ave.
W. RS-8
This application was for a 1/2' variance to construct a garage on the
south side property line wi h no setback. There is an existing house on
the lot with a driveway to he rear yard on the south property line.' Mr.
Pearson said there is no way to build a garage without a variance unless it
is centered in the back yar� and that would use most of the back yard.
Special conditions on this roperty not generally applicable to others in
the same district were a st ep front yard which is unsuitable for a garage
and the location of the existing house and driveway. The special conditions
did not result from actions of the applicant, but of whoever build the
home. A setback of less th n 3' would require that the structure have a
one -hour fire wall and no w ndows or overhangs. Mr. Pearson said it
appeared that a 3' side setback would be possible, which would appear
better to the adjoining neighbor but would leave a 3' strip which would be
difficult to use. Mrs. Med na commented that if it were built on the
property line the owner would have to go onto the adjoining property to do
any maintenance on it. The hearing was opened to the public.
Rebecca Garvie, one of the pplicants, said the closest house is 35' from
the property line and the c osest garage is 40' (Mr. Gilmore). She said it
was agreeable to Mr. Gilmor that they build on the property line and it
would enable them to have a back yard. A Mr. Capon who said he lives next -
door to the applicant thoug t the garage could be connected to the house,
but Mr. Pearson said there qas not enough turning radius to do that. Mr.
Capon said he would be deprived of a view of the lake if this were approved.
Mrs. Garvie disagreed. She did not think any views would be affected. Mr.
Pearson said you could put � garage 10'- 15' behind the house and line the
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DATE
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CITY OF EDMONDS
FEE
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HEARING EXAMINER
RE CT
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EXHIBIT
2 APPLICATION FOR VARIANCE
APO'S
HEARING
DATE:
s
APPLICANT
Daniel Staber
ADDRESS 19824
Ashworth Ave.. N
,
CITY &ZIP
Seattle 98133
'PHONE
542�-4970 "
INDICATE
TYPE OR DEGREE OF INTEREST IN PROPERTY Owner
LOCATION
OR ADDRESS OF PROPERTY Approximately 17019 = 76th
Ave.: W
y
LEGAL DESCRIPTION OF PROPERTY Attached
VARIANCE
REQUESTED: Area ( Lot #4 )
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EXH I B'I T'
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DECLARATIONS OF APPLICANT
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Please answer all question ' ayY
1. What are the physical characterist'ics,;(i.e,.
topography,. shape
of lot', etc .) which create a hardship for
you in regard, 'to
3t
development of your property?
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See Attached
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2. How does your property differ om:oth`er,
property, in the same;,'
vicinity?
See Attached
3 Will this 'variance- be detrimental to —the
-public or 'damaging to. ;
other property or improvements`in the vicinity?
See Attached
4. What hardships will result to you if the
variance is not granted?
Will these hardships have been caused by
your own action?
See Attached
5. 'Can you make reasonable use of your property without the variance?'
See Attached
a.
GERALD W, I pVELL* P L
JURdEN P SAUERLANDiP
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, LOUTS F: CAVIEZEL r t a!
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L
ve'll-Sauerland & A.Sociates,
S Engi
teers • Surveyors o Development Consultants • Planners . ,t
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August 1, 1981
LSA File No . 80-532
EXHIBIT 3 Staber 'Short Subdivision/ `.
: Variance
DECLARATIONS OF APPLICANT
The applicant.
is"requesting a;variance to the requirement for a minimum
lot size of
20,000 square feet as it pertains to Lot 4 of a short sub
division.
As proposed, Lot 4 is dissected by a zoning boundary which
places 1012.0
square feet into the RS 12,000 zone and 18116.0 square
feet into
the RS 20,000 zone. The variance would be a minimum request,
be.ing'approximately
four percent less than the required 20,000 square
feet of area.
As a requirement of a prior short subdivision made by the
applicant
it was necessary to deed the west 10 feet of the premises, to
the City
to supplement the right of way for 7.6th Avenue West. This -con-
veyance was
made without monetary consideration to the applicant. Had
same not
been necessary, and said strip of land remained a part.of the
property,
a variance such as requested hereby would not be necessary.
Further,
't should be noted that serious survey problems in the area
make accu
ate computing of the area for Lot 4 impossible at this time.
Utilizing
various methods (from past surveys.and title reports) a range
of from 1
008 to greater than 20,000 square feet can be derived.
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23106 - 100TH W. EDMONDS, WASH. 98020 PHONE 775.1593
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UsInem • Swve7ors • Development Consultants • Planoert
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File No . 80-532
fi
Staber Short Subdivision
f
August 1, 1981:
VICINITY
PROPERTY OWNERS
;
The following is a list of
persons owning property within 80 feet of
the proposed Staber Short Subdivision:
K & K Homes
Gerald D. Foss
2002 - 196th S.W.
16900 - 76th Ave. W.
Lynnwood, Wa. 98036
Edmonds, Wa. 98020
Carl Steen
Peter Bilder
17020 - 76th Ave. W.
7406 Meadowdale Beach Road
Edmonds, Wa. 98020
Edmonds, Wa. 98020
Stephen & Janice Nofziger
William Wert
16919 - 76th Ave. W.
16931 - 76th Ave. W.
Edmonds, Wa. 98020-
Edmonds, Wa. 98020
Warren B. Nichelin
16925 - 76th Ave. W.
John T. Emel
721 Alder. Street
`
Edmonds, Wa. 98020
Edmonds, Wa. 98020
John & Patricia Wallace
Muriel A. Daniel
i
7521 - 172nd Pl. S.W.
17029 - 76th Ave. W.
!
Edmonds, Wa. 98020
Edmonds, Wa. 98020
..
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23106 100TH W.
EDMONDS, WASH. 9W20 PHONE 775.1593
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REoiFOatvt a 4S 469 SEND PARTS I AND 3 WITH CARBON INTACT. -
PART 3 WILL BE RETURNED WITH REPLY.
POLY PAK (SO SETS) lO 6�P
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PLEASE
NOTE: APPLICANT OR REPRESENTATIVE.MUST BE PRESENT
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AT HEARING
EXHIBIT 1
STAFF REPORT TO THE HEARING EXAMINER
t,
FILE #V-20-81
t
HEARING DATE: SEPTEMBER,17, 1981
I,
REQUESTED ACTION:
Variance from the .required lot area at approximately:
17019 76th Avenue West:
Specifically, to a11ow a 19,128 square foot lot in a 20,000
square foot zone.
II.
APPLICANT/OWNER:
Daniel Staber
19824 Ashworth Avenue North
Seattle, WA98133
I'II'.
LEGAL DESCRIPTION:
See Exhibit 6.
IV.
STAFF FINDINGS AND CONCLUSIONS:
A: Description of Subject Property and Surrounding Area
•s
The subject property contains approximately. 1.8 acres. It i
undeveloped and covered with a mixture of evergreen and d
p g eci duou,s.
trees along with associated undergrowth.
Development adjacent the subject lot is a mixture of single
E9
family residential and undeveloped land.a
E1
B. Related Actions
'
In March of 1980, the Board of Adjustment approved this same
fs
variance request. Also in March of 1980, a similar subdivision
(File S-6-80) to that shown in Exhibit 4 was given.preliminary
f
approval. Since no action took place on the subdivision` within
,{
a year, both are termed void.
G. Conformance to Chapter 20.85.010
1. Special Circumstances
The subject property is located in an environmentally sensitive
area, due to the sloping topography. The proposed lot has enough
area in which to construct a home and maintain the slope environment.
2. Special Privilege
The granting of the proposed variance should not result in .the grant
-'of special privilege.
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PLEASE NOTE; APPLICANT OR REPRESENTATIVE MUST BE PRESENT
AT HEARING.:r
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Exhibit 1
File V-20-81`
Page 2
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3.Comprehensive Flan
The Comprehensive Policy Plan map designates the subject property' as,
low density residential.
As proposed, the variance does not conflict with the' oals and:
policies of the Comprehensive Policy. Plan.
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4. Zoning Ordinance
The proposed variance does not appear to be in conflict with the
purposes of the zoning code of the RS-20 zone.
5. Not Detrimental
Should the variance be granted, it does not appear that it will not.
be significantly detrimental to the public health, safety or welfare
nor to nearby property or improvements.
6. Minimum Variance
The proposed variance appears to be the minimum needed to make
reasonable use of the property.
V. STAFF RECOMMENDATION:
It is the recommendation of the staff that V-20-81 be approved as it
appears to meet the criteria of Chapter 20.85.010.
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THE HEARING EXAMINER WILL HOLD A PUBLIC HEARING
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THURSDAY SEPTEMBER 17TH 19 81 , ON THE FOLLOWING APPLICATION "s
FILE NO.. —20-8{ - r
VARIANCE FROM REQUIRED LOT AREA
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PROPERTY ADDRESS AND LOCATION APPROXIMATELY 17019 76TH AVENUE WEST �
ZONE DISTRICT
RS-12/RS-20
THE HEARING WILL BEGIN AT 7 : 30 P .M. , IN THE COUNCIL CHAMBERS
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).
THE REMOVAL, MUTILATION, DESTRUCTION, OR
CONCEALMENT OF THIS NOTICE BEFORE THE DATE
WARNING.' OF THE HEARING IS A MISDEMEANOR PUNISHABLE
BY FINE AND IMPRISONMENT.
THIS NOTICE MAY BE REMOVED AFTER 9-17-81
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IN THE MATTER OF THE APPLICATION OF V 20 81`
DANIEL STABER7.
,xn4
FOR APPROVAL OF A VARIANCEu
DECISION: The application for the variance as submitted.by Daniel^^
Staber is granted subject to the conditions listed:.
INTRODUCTION
Daniel.Staber, 19824 Ashworth Ave. N., Seattle, Washington; and
hereinafter referred to as Applicant, has requested approval of 'a;'
variance from the required lot area of property located at
,
approximately 17019 76th Ave. West, Edmonds, WA, and more
particularly described as set forth in exhibit 6 and attached
hereto and incorporated as' part of these findings.
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The above described land is zoned RS-20 as established in the City
of Edmonds Community Development Code.
A -hearing on the request was held before the Hearing Examiner of
the City of Edmonds on September 17, 1981. The following
presented testimony at the hearing:
Duane Bowman
Planning Department
City of Edmonds,
Edmonds, WA
The following exhibits were presented at the hearing ,and were
admitted into evidence:
CITY'S EXHIBITS**'
3by
1. Staff Report
2. Application
3. Declaration of Applicant
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4. Proposed subdivision plans
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5. Slides
6. Legal Description
•
After due consideration of the evidence presented by the Applicant;
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evidence elicited at the public hearing; and as a result of the
personal inspection of the subject property and the. surrounding
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area by the Hearing Examiner, the following findings of fact and
conclusions constitute the basis of the decision of the Hearing
I
Examiner.
FINDINGS QF FACT
1. The Applicant has requested approval of a variance from the
required lot area at approximately 17019 76th Ave. , Edmonds,''
WA, and more particularly described as set forth in the
attachment to this document.'
STABER VARIANCE-1
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Findings of the Hearing Examiner
f
Staber Variance
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Page Two
,
4.
5.
.M
7.
NO N
In submitting his application the Applicant has submitted. -'
short subdivision -which shows the subject property as lot
number 4. A copy. of the proposed short subdivision map is
hereby attached and incorporated as part of these findings.
More specifically the request of the Applicant is a variance
from the required 20,000 square foot lot size for property
located in an RS-20 zone. Lot number 4 as shown on the short t .
subdivision map is a 19,128 square foot lot and the Applicant �.
seeks a variance to allow development of lot number 4
according to RS-20 requirements.
In March of 1980 the Applicant was granted a variance from the
required lot area of lot number 4. However the Applicant, has
failed to develop the lot and as a result the variance has
expired thus necessitating the need for a new variance.
The Applicant has also received approval of a short
subdivision with 4 lots as shown on the attached exhibit. The -'
Applicant has not developed these lots and therefore the short_ k
subdivision has expired and the Applicant must seek approval
of another short subdivision permit.
The subject property rises to the east at a steep grade. The
subject property is located in an environmentally sensitive
area and in an area that has thick vegetation.
Access to the proposed lot number 4 will be via an access
easement off of 74th Ave. West.
In order for a variance to be granted within the City of
Edmonds, the application must conform to the requirements as `
set forth in section 20.85.010 of the Edmonds Community
Development Code. In particular the Applicant must show that
the granting. of the variance.is necessary because special
circumstances do exist; the granting of the variance will not
result in a special privilege for the Applicant; the. granting
of the variance will conform with the Comprehensive Plan and
the zoning ordinances of the City of Edmonds; the variance, if
approved, will not be detrimental to the public health, safety
or welfare or to nearby property or improvements; and that the
requested variance is the minimum necessary to make reasonable -
use of the property.
9. Special circumstances do exist in that if the variance were
not granted lot number 3 as shown on the short subdivision
would be a lot of over 31,000 square feet which would be in
excess of the area needed to properly develop the lot and.
insure the protection of the environmentally sensitive area.
STABER VARIANCE-2
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Findings of the Hearing Examiner
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Staber Variance
Page Three
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12.
13.
14
15.
16.
17.
1.
2.
3.
4
5.
6.
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As proposed lot number 4 of 19,128 square feet is adequa..te to
protect the environment in the area.;
The granting of the variance will allow for conformity "to the
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Comprehensive Policy Plan of the City of Edmonds and the goal's
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and policies of Chapter 15.15 of the Edmonds Community'.":,,s
Development Code.
The variance as proposed is consistent with the purposes..of
the zoning ordinances of the City of Edmonds and in particular
for the RS-20 zone.
The granting of the proposed variance will not be detrimental
�.
to the public.health, safety or welfare nor.to nearby private
property or improvements.
.;
The proposed variance is the minimum needed to allow the owner
to make reasonable use of the property.
'
The Planning Department of the City of Edmonds recommended
approval of the variance because it conforms to Section
20.80.010 of the 'Edmonds Community Development Code
The Applicant indicated approval of the recommendation of the
Planning Department.
No opposition testimony .was received for the application.
CONCLUSIONS
The application is for the approval of a request for a
variance from the required lot area in an RS-2.0 zone for
property located at approximately 1719 76th Ave. West,"
Edmonds, WA, and more particularly described in the attached
exhibit 6 to this document.
The application is for a variance from the 20,000 square foot
required in an RS-20 zone to a lot that is 19`128 square feet.
q . q
The subject property is shown on the attachment to these
findings and is identified as lot number 4,
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Special circumstances do exist for the granting of the
variance in that lot number 4 as proposed can be developed in
"
light in of the environmentally sensitive area in which it is
located.
The granting of the variance will not result in.the granting
of any special privilege to the Applicant.
The granting of the variance appears to be consistent.with the
goals and policies of the Comprehensive Policy Plan of the
City of Edmonds and is in conformity with the zoning
ordinances.
The granting of the proposed variance will not be detrimental
to public health, safety or, welfare to nearby property .or
�!
improvements.
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Findings of the Hearing Examiner`s
Staber Variance
Page Four {1
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7. The proposed variance is the minimum :needed to make reasonable
use of the land.
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8: The criteria for g g rantin of the variance as `set forth i�n
section 20.85.010 of the Community Development Code have: been
met by the application for the variance.
9. The Planning Department of the City of -Edmonds has recommended P
approval of the variance. {F`;
DECISION
Using the above findings and conclusions as the basis of the
decision, the Hearing Examiner .of the City of Edmonds hereby orders
that the variance requested by Daniel Staber for a variance for the
reduction of a lot size in an RS-20 zone from 20,000 square feet to
19,128 square feet be granted subject to the conditions listed
E •
below:
1. The Applicant is to take all necessary precautions to'
protect the environmentally` sensitive area in which the lot 4
is located.
2. The Applicant is to meet any conditions as required by.the
initial approval of this variance, by the Board of Adjustment
of the City of Edmonds in March of 1980
Entered this%th day of September, 1981, pursuant to the authority
granted the Hearing Examiner of the City of ,Edmonds, War in section
20.100.010 of the Edmonds Community Development Code.
.J`AN4ES M. DRISCOLL
x.
Hearing Examiner
NOTICE OF RIGHT TO APPEAL.
Pursuant to section 20.105.1020, the City of Edmonds Community '
Development Code, written appeals alleging specific error of fact
or other grounds for appeal may be filed with the Community
Development Director of the City of Edmonds within 10 working days
after the date of this decision. Inthis matter any appeal must be
received no later than 5:00 p.m., October F , 1981.-
STABER VARIANCE-4
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