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17029 76TH AVE W.pdf{r AT— JIM- Nf 1 t YtV s -0i ar 1„. rhF }a'j,ei 1 � � ' } I r i tp f '°'i � n)td��}}��``k )x � i "✓jr ' t...r rI 1V 9 Lr55yu.�. ��.w.wi•4} .....I-. -• t ^`t' , + ! i, i 'i �1r �' ' ripvyfi N'�i'f. a•tr� r!i ^n I.: 1 f yrr ' t 1.�-� i, 14u(s^'rpi �W.{t ^`•t'y yy (,'y 1 t.' r `, ° !Y♦ 5 4' t� , •i� j`,S �4xfn' t+i jN , 2 �} f >o+ t t� l }� Ikry��'t v F I. 1-+1 td ...., r tl , r ry '� .c, _,1...r.. ..0 r. .f... �. ,..�... .... .... ... n i .. .. �, �. .. ., _ w�... u..+....+.,.....��...w.�J..�-5•i�e�..�p�...�,�1._,` Cf J^ 1, t'. t � oil it l 1a lr � of e ,. tj r ' If ru M4t t! , r w`0I r apt i ,,r 1 gzyut '¢rv� �3 n�ifw w ..Lil 1ySS)NO75 'It wail1 S r �}��r1IA+I�. j I y{r f{ry r {tlJ,n r, tn'! r iMA'n r s V k N; s 'I I I IV o -if r ' C r rt 1 ., M n 1 I�u v!f y tIV :3 x\ sJ 5j r` t f 1 ; ■ FOR OFFICE bSE ONLY USE ZONE: h'S-�30�"'�--► �..� ZONING ORDINANCE REQUIREMENT: STATE; OF WASHINGTON) ss. COUNTY OF SNOHOMISH) Michae). J, Br wn, R.S. Lovell-Sauerland & ASSOC.,.Inc. Agent for the Applicant On this date, before me, the undersigned, a Notary Public in and for the Stag, of Washington, duly commissioned and .sworn, personally appeared,l�il rrlc�,a�� T �ocu...r who, being duly sworn, on his/her oath deposes and says that (s)he 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 his/her free and 't` �;i, voluntary act and deed for the purposes therein mentioned.. ..,till .� -$u�s�ribed and sworn to before me this day of , 19��. `' ` �; r�r'/''" .�- ,. '.7 �' " � �� i4 1�' r� �R � � Y I � 1 1. � ` �.� i �. Notary •Pu lic in and for the State of Washington �„ � � ,_� � � ''i i C.� � 1 �I 4p - • ` � ti �.<. i upC•F .hn. . ... r. :.11 is i', 'x �: � J � �. t A ����•..C''l�+tGltltll,ll���� +' ..'•t ;'L:5 � :. ,, „r NT c ,. ... i+,i �. _ i C .I 1• ( 1 �I Efi t�11ti * ' Y 1 iYAId I t, 1 �� 1y ,. ? 1. r ..:,fo . 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If. <, ry F r r,i. d o- s IL for roL . Ft ` {• I do -' rd Ir ld S '7 4tt1 A'41 :/• 40 ''-Y 'j'. 411 ,�- F T F r 5 CITY OF EDMONDS _7g FEE Z-S . CSC' , BOARD OF ADJUSTMENT ACT � JAG , APPLICATION FOR VARIANCE APO'S ✓'' HEARING DATE,c APPLICANT Muriel Daniel McClintick ADDRESS 17029 - 76th Avenue .W. CITY & ZIP Edmonds 98020 PHONE 743-1477 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Owner LOCATION OR ADDRESS OF PROPERTY 17029 - 76th Avenue W. LEGAL DESCRIPTION OF PROPERTY Attached VARIANCE REQUESTED: Number of lots served by or private easement and lot width requirement for RS 20 zone. FOR OFFICE USE ONLY USE ZONE: ZONING ORDINANCE REQUIREMENT:. STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) Michael J. Br wn, R.S. Lovell-Sauerland & Assoc., Inc. Agent for the Applicant On this date, before me, the undersigned, a Notary Public in and for the State-! of Washington, duly commissioned and sworn, personally appeared who, being duly sworn, on his/her oath deposes and says that (s)he 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 his/her free and voluntary act and deed for the purposes therein mentioned. t, kd�soribed:and sworn to before me this i0 day of , 19 �. t Notary/u lic in and for the State of Wasrhington 1.4 r• V ,\ ••i. �•'• y .;� Y� l.•..Y /L`.�>C�!•C{+/!?�..r•.L+. ��7?'tIJ2y� I }. W I w - — J r r ^ LESS ESA T n 74 TH a I E X 30' AC -- Z —�` A V E L Z W i i cn o c� i z Lo — w ( w Lj J c., �I Q , �oLL O W L x O Z I LO UJ I Z I 0�1 90., o ACCESS `ESI✓IT cn Q GERALO W LOVELL P'L,S, r` 7 JURGEt� P SAUEFiLl�NO P 41 LOUIS F CAVIETEL P E : tsr c; t L Lowell-5auerlandt &Associate, Yi tr4 s, „ f +7' �fglneero • Surveyors •Development C6nsull�nla • Plannero { Y` f� - 1 y a My 1980 'File No. 80=588 A� • 2 f rY F� VICINITY PROPERTY OWNERS The following is a list of persons owning property adjacent to: or within: t..< 80 feet of the proposed McClintick Short Subdivision: Gary N. Stueckle Carl Steen 4 P.O. Box 428 17020 -- 76th Ave. W. Edmonds, Wa. 98020 Edmonds, Wa.. 98020 K `& K Homes John Wallace t r 2002 - 196th Street S.W. _:7521 - 172nd Place S.W. Lynnwood, Wa. 98036 Edmonds; Wa. 9802G Daniel' Staber Robert Tighe; 19824 Ashworth Ave. N. 7529 - 172nd S.W. Seattle, Wa. 98133 Edmonds, Wa. 98020 .Allen Custer, ,M:D. Peter Bilder 18122 = 85th'Place W. 7406 Meadowdale Beach Road Edmonds, Wa. 98020 Edmonds, Wa. 98020 i, 1816 23106 - 100TH W. EDMONOS, WASH. 98020 PHONE 775.1593 y c t ,i it 1 1 13 .i�&;6•ir '� ��s.tet ,, � ,,: ,.� j ..... � ... , ...., . .. - ; , ,._ . .,,. vt ...:o . , t... t .t..t,. ,>..[ +F .+, dy. F ,r•r'ti-"' -n ;!fPyi'4 ,F��� n� i n �i" ?���� v Record of Fi ndi ngs of Fact by Board of Adjustment The Board of Adjustment for the City of Edmonds finds in the case ofl e,L e, File No. 144P--80 request for variance at the following: 1. That notice was given actorg requirements, din to Code and Affidavits attesting to. same are in the file. r 2. That the foregoing set forth Standards and Criteria each have/been met. 3. In addition that A. Therefore, the request for variance isn/Granted, subject to the following special conditions: 5. Section 12.16.110 "----and if .a building permit and/or occupancy Fermi t is not obtained Tor the 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: Date DATED • Cliai rman-, Board of "Wdjus;tment DATA Date of Application: 5�a'��4o _ Date of Hearing: Date of Publication: Continuances: Date of Posting: Da Appeal Date of A� eal from Decision of the Board: • :� i Se retary,` Board of Ad3ustment l.. ...� � _, .�.,.., ;.�:: d.._.,.,. is .n.�.� ,�� .� ..rig,._.::;`, I t 1� r14 1 r 1 titJW i+• i impib� d .. 'sti p <..BOARD OF ADJUSTMENT July 16, 1980 .; r The regular meeting of the Edmonds Board of Adjustment was called to order by Vice s� All Chairman Jack Byrd at 7:35 p.m. in the Council Chambers of the Edmonds Civic Center. Vice Chairman Byrd welcomed the audience and explained the functions of the Board,'. ' the procedure of the hearings, and the method of appealing decisions of the Board. PRESENT ABSENT STAFF PRESENT a1' Jack. Byrd Paul Roy Duane Bowman, Associate Planner Muryl Medina Ann Derleth Dan Smith, Engineer Inspector Anne McGee 'Bill Leraas Wayne Tanaka, City Attorney Harold Hatzenbuhler Jackie Parrett, Deputy City Clerk APPROVAL OF MINUTES r. Vice Chairman Byrd noted that it appeared that Chairman Roy had notsubmitted a I; resignation and the minutes state he will not be present at the next three meetings. VICE CHAIRMAN BYRD MOVED, SECONDED BY MRS. McGEE, TO APPROVE THE'MINUTES OF JUNE 18, 1980. MOTION CARRIED. REPORT FROM STAFF Mr. Bowman introduced Dan Smith from the Engineering Division.. Mr. Bowman noted that the application in CU-35-80 (on the Continued Agenda) had requested this item be continued to August 20 as the applicant was consulting with a professional engineering firm regarding the problems. MR. HATZENBUHLER MOVED, SECONDED BY MRS. MEDINA, TO CONTINUE CU-35-80 TO AUGUST 20, 1980. MOTION CARRIED. AGENDA V-16-810 MURIEL-DANIEL McCLINTICK - Variance from, required lot>wi;dth,for.RS-20 zone. - and from number of lots -served by a private,easement,-at 17029 76th Ave. W.. (RS-12/RS-20) ' Mr. Bowman showed slides of the property. The variance application was for two lot widths of 90', rather -than the 100' required in the RS-20 zone, and 1. to add an additional lot to be served by a private road which already serves five lots. The code requires that no more than three lots may be served by a private road. A similar variance request was approved by the Board in 1978. Mr. Bowman reviewed the variance criteria. Granting of ! these variances would not amount to a rezone. As to conditions not generally applicable to other lands in the same district, two easements currently exist to serve this property; one will be vacated and the property will utilize the existing easement road. As to enforcement of the zoning code depriving the property owner of rights commonly enjoyed by other properties in the same district, if the south easement were developed Mr. Wallace would lose some landscaping and would have automobile traffic very near his f.. home. The special conditions result from the actions of the applicant as the applicant seeks to subdivide property into three lots. As to practical ,. difficulties in carrying out the provisions of the zoning code, the Wallace property would be adversely affected, with two developed access easements -- one on the north and one on the south side. Granting of the variance would not be detrimental to the health, safety, or welfare of property owners in l the vicinity. Mr. Bowman indicated these both were minimum variances to make possible the reasonable use of the land. He felt granting of the j- variance generally would be compatible with the zoning code as it would allow reasonable use of the property and minimize the amount of asphalt surface. He recommended approval of both variance requests. Dan Smith noted•that the private access road had 17 1/2' of existing pavement in a 30easement. He said the road would serve up to four lots in all practicality. 4 There were no sight distance problems, but there appeared to be some sliding from the bank of the east side of the pavement, and Mr. Smith said it would . be the responsibility of the various private property owners to take care of this and any other maintenance problems at their own expense. The v'. k engineering Division did not object to the variance requests. The public portion of the hearing was opened. ;. Muriel McClintick said the property had been in her family since 1912 and she wanted the rights in the future to have two families use that easement. She said the two lots may not be divided for a long time, but sometime in the future it probably would be done. Further, changing the easement would be to everyone's benefit who is involved. Mr. Bowman added that in July 1978 there was an application for a similar variance by Mr. Staber, for three units to access from a private easement, and it was not specified that the McClinticks might have two units accessing. Mr. Staber now has }} filed for a short subdivision and will have two lots accessing from the easement, and the McClinticks also have filed for a subdivision, approval of which is subject to obtaining a variance to allow these two lots to have access, but the variance is only valid for one year. He said there would ; be a total of five units having rights of access from that easement. He ` noted that Mr. Wallace currently does not use the easement. Peter Bilder of 7406 Meadowdale Beach Rd. said he was a party to the granting of the 30' easement on 74th St. and it was his understanding that the E Stabers would have one unit and the McClinticks two units, for a total of three. Dan Staber of 19824 Ashforth N., Seattle, said in the original request for a variance the intent was that he would have two lots and the McClinticks would have two, and they never thought the Wallaces would enter into it as they never realized John Wallace even needed the easement. Mr. Bowman {' explained that the variance request was approved but no building permits were taken out so that variance ran out, and the applications for subdivision did not take place until recently. John Wallace, 7521 172nd S.W., said the earlier variance was approved with no knowledge that his property would be involved in it, but he became involved with building the road because he agreed to help financially to �- .build the road to ease the bad situation which exists on the other side of his property. He said he did not expect to use the easement for access to his property but he has the legal access. Peter Bilder added that they had a mutual understanding between them which was not recorded and things are now different, but nothing could be done because it was a very casual arrangement. He was asked if he was officially objecting, and he responded that if the McClinticks could get their access for two lots he would not object. He was advised that he must understand that at some point in the future there may be five lots using that road. Mr. Bilder asked if Mr. Wallace could state in writing that he would never 4 use it, and he was told by Vice Chairman Byrd that the Board really did not ? care at this point, that they had to consider the application before them for five parcels of property. The public portion of the hearing was then closed. Mr. Hatzenbuhler said he could find no fault with the variances requested. THEREFORE, MR. HATZENBUHLER MOVED, SECONDED BY MRS. MEDINA, TO APPROVE V-16-80 BECAUSE HE FELT GRANTING OF THE VARIANCES WOULD NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY AND WOULD MAKE MORE REASONABLE C USE OF THE LAND AND SERVE ALL THE PARTIES INVOLVED, MOTION CARRIED. V-20-80 OLSON'S FOODS, INC. - Variance from required side yard setback at 22828 10 Oth ve. W.—TBN i Mr. Bowman showed slides of the site. The zoning requirement is for a 30' street setback and the variance request was to reduce that to 20'. Mr. Bowman reviewed the variance criteria. This would not amount to a rezone. There are conditions not generally applicable to other lands in the same s BOARD OF ADJUSTMENT Page 2 - July 16, 1980 j: 74 , 1. � - 7-7 0 PROPERTY ADDRESS AND LOCATION l Avg_ .d hks� ZONE DISTRICTs THE HEARING WILL BEGIN AT 20'30 � 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 S NOTICE BEFORE THE DATE WARNING! OF THE HEARING IS AIMISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. 3 T HIS �•REMOVED"' 16 0 :' 1[,g 4 .+.:.-✓ `:` ., -.�:�� - .. _ W..:.�.a..._...�'. .w....—w:+. 1-4 5 Vj 1 V 16-80,tz PLANNERS VARIA14CE REVIEW FORM FILE #.. APPLICANT: Muriel Daniel McClintick ADDRESS: 17029 76th Avenue West ZONING: RS-12/RS.."i VARIANCE REQUESTED: Variance from required lot width and number .of o 6 �? `q; served by private easement. ZONING CODE REQUIREMENT: RS-20 requires 100' lot width and nor more than: f three homes off a private easement. OTHER PERTINENT FACTS: Similar variance was heard by the 77777 Board of Adjustment. VARIANCE CRITERIA - Section.12.16.100 1. Does this amount to a rezone? No. p 2.(a) Are there conditions and/or circumstances not generally applicable to other lands in the same district? Two easements exist now to serve this property. One will be vacated thus utilizing the existing easement road. (b) Would strict enforcement of the zoning code deprive the property owner of rights commonly enjoyed by other properties in the same district? If the -south easement is developed, Mr. Wallace would lose some landscaping and would have automobile traffic very near his home.` 3. Do the special conditions result from the actions of the applicant? Yes, applicant seeks to subdivide property into three lots. 4. Are there unnecessary hardships and practical difficulties in carrying out the { provisions of the zoning code? The Wallace property will be adversely affected, with two developed access easements on both its north/south side 5. Will the granting of the variance be detrimental to the health, safety, or welfare of property owners in the vicinity? No. i i 6. Is this the minimum variance that will make possible the reasonable use of land? i Yes. Both are minimum variances. 7. Will the granting of the variance generally be in harmony and compatible with this 9 9 zoning code? Yes, as it will allow reasonable use of the property.__ and minimize the amount of asphalt surface. - STAFF RECOMMENDATION: APPROVAL Planner's Variance Review 12/77 k _ �s i „Ae, a k�Pn.•. i � I h °! i ids �(i�%T�.'�h' j.4 Affidavit of Publication M ; STATE OF WASHINGTON, F COUNTY OF SNOHOMISH, � ""�` d�IOTICE OF,:HEI�RING�;, FdRvAR aNCEr`�} The undersigned, being first duly sworn on oath deposes and says IADA STMENT, that she is Principal Clerk of the EVERETT HERALD, a daily, news- k°(trestetl ;persons, ore ' ere J nbtified}jhotY Wednes�. paper printed and published in the City of Everett, County of Snoho- rt ,,V ay.,,,the��i61h dov+'ol,}Julv.�• beeglaSM l,dptd ro ,,heat)nc "pe1)tion,.} mash, and State of Washington;. that said newspaper Is a newspaper, c�ilntidc for c ,warlo¢ce of general circulation in said County and State; that said newspaper tifotli ei quired lot: Y+idth a..nd ; . or ante to'4aliowr o e tfian'; has been approved as a le al news a er b order of the Su erior ;fh�ee homes on brivdte PP g newspaper Y p n rond qt; r170R9 ,781h 'Avenue ' Court . of Snohomish County, and that the notice....... .................... ...... f tQiest r, Said t, properly" beingi, v]Soid ..hearing wfU bei-:ate `,� fi7;30 'v P;M� z31n r,ihe Council ? Chamberstot the.`Clvic,,Cen r, ___.._...... ..__.. ._ ; ,rte� kdmbndsts`, Washinotons' Nfl`P�f'E"fib"i�1�RIi ^�;betare:�the�':�Board ot•..:ggiust-` ' R °mend dnd?o1Gintefestetl •ger' I sons`'ore'YIrYVifed"sto apPea'r, :fin >IRENE�VARNEy ......... ......... ....... .. ... ........ .. Edmopds ti FILE NO "'1liis' . ''Publishera`�Ju4,e,-yp28.-,�14,$b.Y,'.: 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 28, 1980:... .......... .. N� r, was regularly distributed to its subscribers and that said newspaper b'u, Y 9, during all of said period. Principal Clerk . 4f Subscribed and sworn to before me this ......3QtLi••••••• �i day of .................. ..........J.LUN ......... / 1�J. �,. . -xt ...... .... .........................l:._.. of ry Public in and for the State of Washington, e iding at Everett, Snohomish County. I f ,I B-2-i f;; 2 ON i ltr y� S tEb Y14 a t� t 1 t�s a t' YRA b . F.......v...+.. _.''.-.,-.:'...,.-+.._��.--.,n...........«.-.._2.�..,,...«.�...—:.....�...:..........�..._ ..•---,_ ._._...L...� ..., it � .... t.t,a va: t ... ....v.: .><.,a,;.±. A«-..t:t n'x. r {i`tStw#�`.tiyffl3 INN��*F` ol .t -:.i .J .;h 1.tt, T r. '1 ( `•, t 5 :-r,+n''i4`�J'.-.4.<rv! °y" ,�•4 m .�h.. �f1W!vi'*",S �`s•1t t 41 V1 1 n ' -1 r v'+. .t '.af v f:. wq tt / 3'n n yj, 'tt'S , �.5 '(I t'O!( W" a r�" A a t v i tf(�t .10 'L.'di (w i 1 t 7 �" t J {'Y r! s�u .LL..a-tw..ii.PhwWdt'R00 ,. _su..,t _ - v..� .e.ev%4ttha L.._ ry TUWAY MESSAGE, R' .....: IN TO RF.=VED. FROM;. ty .. of Edmonds Ciky . gp�munity_Devel. Mp -- — — --- --- SUBJECT: ' •-? t r; .�- 41. DATE L Zj IJO Ott .� A E-- — SIGNED l7 , __l