181 DAYTON AVENUE.pdf4
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EDMONDS, WASHINGTON_ Fee 325 00
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Ree L No. I9Gb'
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APPLICATION TO BOARD OF ADJUSTNENT
FOR CONDITIONAL USE PERFIIT
HEARING DATE '�
APPLICANT: - DORESS PHONE `75G~ %
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Indicate tyre or degree oit iinnterest in h property:
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OWNER: / ' ADDRESS � PNONE:7yr --:.�
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LOCATION OF PROPER Y(ADDRES / .r tl ,A.) �ytatr�Q�
LEGAL DESCRIPTION OF PROPERTY:
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To be completed by the Planning Dept: Use Zone Legal description checked and
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approved: by:
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Date:
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VICINITY SKETCH: PLEASE SHOW BELOW A VICINITY SKETCH AS PER EXAMPLE, INDICATING NORTH
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Example
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CONDITIONAL USE REQUESTED:
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DETAILS OF PROPOSE USAGE: �� L` e b
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Signature of App icant,~O�rner, r
Reoresentative.
STATE OF WASHINGTON j ss.
COUNTY OF SNOHOMISH )
On this date, before me, the undersigned, a Notary Publi i and or tite State of
�'
Washington, duly commissioned and sworn, personally appeared `?� 'Xi
,who being duly sworn, on his/her oath deposes and s ys t at
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s e as prepared and read the foregoing statements and has acknowledged to me that the
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recitations contained therein are true, and has signed this in as his/her free and
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voluntary act and deed for the purposes therein mentioned.
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SubscObed and sworn to before no ti:is % day of 19
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OTARY IC, in and for he State of.
Washington, residing at
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MR, V.Pr
STANDARD AND CRITERIA USED BY THE BOARD OF ADJUSTMENT
TO EVALUATE CONDITIONAL USE APPLICATIONS
'R
C.
The standards and Section 12.16.080 Conditional Use Criteria.
governing the issuance of Conditional Use'Permits are as followsA. .
h�, mo
That the bse'will not endanger the public healt ral s�ani. general
w .
elfare if located where proposed and developed, and recognizes an
compensates for variations and degree of technological process es -and',
u fumes:'
. . ..... to the factors of noise, smoke, d st,
equipment as related
vibration, odors and hazard or public need; and
B.That the use meets all required conditions and specifications
set
�,-
-forth in the zone where it proposes to locate; including the general
provisions .set forth in Chapter 12.14-of this Codew.and
- C Thatnot be injurious or
the use will n detrimental`to a Jo..n.hg or
*
abutting property; or that the use is a publicnecessity,�an
D. That the location and character of the use, if developed Ajtdordi"'
.-.�;,n,..--..
to the plan as submitted and approved, will be in harmonyloa.hdco-m
patible with the area in which it is to be located as set i% L0' r h
l
the applicable zoning classification in Chapter.12.13 and the
W
om
prehensive Plan for the.development of Edmonds and i ts enVi-kons.....,.,:...1.
d . -
In'addition, the Board may impose specific conditions ''prede'en t to
establishing the use, and said conditions'may include,
1. Increasing requirements in the standards, criteria :ot-policies
established by this Ordinance;
2. Stipulating
the exact location of the use as a means of.minimizini
hazards to life, limb, property damage, erosion, land slides or,
traffic;,
4
3..Requiring structural features or equipment essential to serve
he same purposes set.forth in item (2) above;
4. Imposing conditions similar to those set forth in items 2 and.
Y
(3) above, as deemed necessary to estab
lish parity wuith ses
permitted in the same zone i
9. n their freedom from nuisance gener-.1
ating features in matters of noise, odors, air pollution, wastes,,
vibration, traffic, physical hazards.
F. All conditi6hs required by the Board shall be entered in the minutes
of the meeting at which the permit is granted and also on the certifl-
cate of the. Conditional Use Permit; p
G. To ensure the establishment of the above conditions, the Board of...
Adjustment shall have the authority to require and approve a specific
plan and to increase the requirements as set forth above, but in no
case shall the Board have the authority to decrease the requirements..
Of this Ordinance for any use in the zone in which such use proposes
to locate. Any such decrease in the requirements of this Ordinance
shall only be granted upon the ussuance of a Variance.
(8/77)
4
APPEAL PROCEDURE ? r
�.5�7�
.• 12.16.130 (c) . The actior'' the Board`of`Adjustment shallbe f ) and conclusive
unless, wi r ;'n ten days from the .date of action en by the Board of 4, rr�34'•
c
Adjustment at a public hearing, the original applicant or an adverse party makes
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application to the Superior Court for Snohomish County for a writ of certiorari. a-`"
fir:
writ of prohibition, or a �irit of mandamus. (Ord.1554 (part), 1971. Ord. 1546(3) 1971:
Ord. 1372 (1), 1968: Ord. 1074 (part), 1964.)
CITY OF EDMONDS
str�
APPLICATION FOR CONDITIONAL USE PERMIT
G.,'To ensure the establishment of the above conditions, the Board of Adjustment
shall have the authority to require and approve a specific plan and to increase
ik!r
the requirements as set forth'above, but in no case shall the Board have.the
authority to decrease the requirements of this Ordinance for any use in the zone
5;
.in which such use proposes to locate. Any such decrease in the requirements of
this Ordinance :shall only,be granted upon the issuance of a variance.
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Record .of Findings of Fact by Board of Adjustment
S x.
:The Board of Adjustment for the City of'Edmon s`finds in the :case of
i File No eVt-7' , requestf br, C
tional e.'Permit as described :therein, the following:V�'?`i
i Thatnotice uas `gI' according 'to Code requirements; and Affidavits. attesting to
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same are in' the file'.
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2 That the,fore going "set o forth Standards and Criteria each`have/t been met.',
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9 In addition thereto;:,
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4 :Therefore, .the request for Conditional Use Permit is Deneed/Granted, subject to it
the following/ special conditions:. it;
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d.OAA
5. 'Decision shall be effective on:__s -� -
Date
Dated �' 2/ - �7 �,/i �C�C c-r1 ���Y
Chairman, Board of Adjustment
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�k it fi sc i� er ik fc :c ik .t ik
DATA
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Date of Application: o'��J/�_ Date of Hearing:.p7
Date of Publication: 3 % Continuances:
Date of Posting: %
Date of Appeal from Decision of the Board:
Sacra ar , ttoard of Adjustment
.. 1 6 -.
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ENVIRONMENTAL CHECKLIST .f.
Introduction: The State Environmental potate and, local
Chapter 43.21C, RCW, requires all s,
environmental
governmental agencies to consider
both for their own actions. and when licensing
Environmental
.proposals. The Act also requires that.an
(EIS) be prepared for all major'actions
Impact Statement
ualit. ironment
the q Y.of the env
significantly affecting the
to hroposal.isesuchs:a
The purpose this checklist is
or not a p p
involved determine whether
major . action.
questions as completely as..
Please answer<the following q ou, Where
you ,can with the information availabuired,yor where y:ou
;:explanations of your answers are.req
anation would be helpful to governmeace
believe an'exp
decision makers,. ncl.ude your explanyouosho1 include
pzoyided, or use additional pages... ou are
of which y,
references to any reports. or studies
to
wwl.lersyhelou prallde.
:OvI
aware and which are relSeant
uest'ions nowthe
Complete.answers to q d environmental
require
agencies involved undertake. the
delay.
review without unnecessary
The following questions apply to your total proposal,
currently
Just to the perm which you are
not j ro osal for which, approval is.;sought
the P
applying or p acts. that will be
include the imp -
Your answers should
caused .by your proposal when it is completed, even
sometime in the";lete
though ' completion may not occur until
all agencies involved `to comp
future. This will allow
envirorimental review now, without duplicating.
aheir
:rhp future.
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ENVIRONMENTAL CHECKLIST. . : M
BACKGROUND
a
1.
Name of Proponent
2.
Address and Phone Number of Proponent
3.
Date Checklist Submitted
4.
Agency Requiring Checklist
5.
Name of Proposal, if applicable
6.
Nature and Brief Description of Proposal (including but not limited to
its size, general design elements, and other factors that will give an'
-'
accurate understanding of its scope and nature:
�•t%•c, :- �:.c�+•r � �c. �rtr_�.,r�c /:',� �•y r/rf;c'�s%r��..4�'T ��,• ( 5f
7.
Location of Proposal (describe the physical setting of the proposal, as
'
well as the extent of the land area affected by any environmental im
`s
.pacts,
including any other information needed to give an accurate under-
standing of the environmental setting of the proposal):
c MZ e G/ 0. / 0 �► i�, 1�K 6/7
-
t �/f [ I ! f• cc ,��� �i��d�-L�C'I`•y2�✓1 i / /}9� /� ^ �• (,�'e L tiJ� /YLL� .l�-Lt `isc�.i 1'./
,
-z P S6t -f:1 r(G'0.4 �i C�'S La- L`tomCaST'
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8.
Estimated Date for Completion of the Proposal
9.
List of all Permits, Licenses, or Government Approvals Required for'all
Proposal (federal, state, and local - including rezones):
d��� .�'ras� • � �'F�o � :�, •�� �� • a � T-�j /� 1�-/�1�.✓i?!°Jr%�Ge�,��lc_
It
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6'N�f �z a, .A�o�l2iluhr c94e.n�t�Y .�.Zmrzni
10.
Do you have any plans for future additions, expansions, or further
activity related to or connected with this proposal? If yes, explain.
P-Gs-r �1- ;'-•-�'TLr �` c.,f' 1�1i•1r• �� — /� r 5 7'-72u a r c r iC E'• r1�! 14t./ �
.. .CJ.� 4.�-.sua /e ��� /N f / Z O✓L ���7�SG5, �
11. Do you know of any plans by others which may affect the property coverer
by your proposal? If yes, explain.
12. Attach any other application form that has been completed regarding the
proposal; if none has been completed, but is expected to be filed at
some fyture date, describe the nature of such application form:
1 S'M t + } 3. �f
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'1. ;. '�" } •i fp , „� ka{ N `�' i ;Ll-.' ,r t+.j�h yf �[i k 4 ti; 'J7 f
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ayes" "maybe"
ansvrs are.4ryaq�r'lr►Kg,
B.
ENVIRONMENTA
IMPACTS Explanations of all and:
YES
MAYBE NO
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1. Earth.
ill the proposal result in:
x
Unst
ble earth conditions or in changes
x
a.
in geolo
is substructures?
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b. Disr
ptions, displacements, compaction
X rr
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or over
overing of the soil?
c. Charge
in topography or g round. surface
j``
�tr
relief
eatures? —
—
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t
d. The
destruction, covering or modifica-;
Lion of
any unique geologic or physical
4
s,
features?
e. Any
increase in wind or water erosion
of sOi
, either on or off the site?
— p
in deposition or erosion of
f. Cha
beach sands,
ges
or changes in siltation,
depos't'on'or
erosion which may. modify
the channel
or a river or stream or the
:bed of
the ocean or any.,bay, inlet or
.lake?
�5
Explan
Lion•
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2 Air.
ill the proposal,result in:.
a,-Air.emissions
or deterioration of
amble
t air quality? —
"-"
X
b. 7
e creation of objectionable odors?
,�.
A
teration of air movement, moisture
.Issc.
or'te
perature, or any change in climate,
eithe
lly?
'locally or regionaIbU
µ
Ex
ation:
• Fed
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S
,
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3. Wate
. Will the proposal result in:
4F
a, Changes
in currents, or the course
in either
£
or direction
of water movements,
--
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marine
or fresh waters?
b.
hanges in absorption rates, drainage
a
.41
patt
rns, or the rate and amount of.sur-
1
face
water runoff?
—2—
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c. Alterations to the course or flow
=r�
offlood waters?
d. Change in the amount of surface water
in any water body?
e. Discharge into surface waters, or in
any alteration of surface water quality,
including but not limited to temperature,
dissolved oxygen or turbidity?
f. Alteration of the direction or rate
of flow of 'ground waters?
g. Change in the quantity of ground
waters, either through direct additions
or withdrawals, or through interception
of an aquifer by cuts or excavations?
h Deterioration in ground water quality,
either through direct injection, or through
the seepage of leachate, phosphates, deter-
gients,.waterborne virus or bacteria, or
other substances into the ground waters?
i,. Reduction in the amount of water
otherwise available for public water
supplies?
Explanation:�.e
Ae
.j flora into an area, or in a barrier
to'the normal replenishment of exist-
tng.species?
d. Recution in acreage of any agri-
cultural crop?
Explanation:
i
d
-3-
YES MAYBE
r .y,..
5.
6.
7
8.
9.
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i
YES MAYBE
.NO
Fauna. Wlll the proposal result in:
a. Changes in the diversity of species,
.:
or numbers of any species of fauna (birds,
land animals including reptiles, fish'and
shellfish, benthic organisms, insects or
.
microfauna)?
b. Reduction of the numbers of any
unique, rare or endangered species
of fauna?
;a
C. Introduction of new species of
fauna into an area, or result in a
barrier to the migration or movement
of fauna?
—
d. Deterioration to existing fish or
f
''
wildlife habitat,,?)
f
'
Explanation: O
Noise. Will the proposal increase
a
ex— sing noise levels?
Explanation:
�-
Light and Glare. ill the proposal
produce new light or glare?
Explanation: ,
h QV-2- bra
5,0
11 -,
o ,
S
Land Use. Will the proposal result
in the alteration of the present or
planned land use of an area?
—:
Explanation: Q,77L�� ,�, 1�
s� z®,1 r2� 2'�
^�
Natural Resources. Will the proposal
result in:
a. Increase in the rate of use of any
natural resource?
D. Depletion of any nonrenewab e
natural resource?
Explanation: L'4-u-e., �.0Pvt-�,
az
-f 1
..f
.0.
YES
10. Risk of Upset. Does the proposal involve
a risk of an explosion or release of hazard-
ous substances (including, but not limited
to, oil, pesticides, chemicals or radiation)
in the event of an accident or upset condi-
tions?
Explanation:
MAYBE 10;�
11. Population. Will the proposal alter the
location density, or growth
rate of -the human population of an area?
Explanation:
12. Housing. Will.the proposal affect existing
Yousing, or create a demand for additional
housIng?
.::.:.Explanation:
A
'Vex
*014&t& W.
—A
13. Transportation/Circulation Will the pro-
.posal result in:
a. Generation of additional vehicular
movement?
b. Effects on existing.parking facili-
ties' or demand for new parking?
C. Impact upon existing transportation
systems?
d. Alterations to present patterns of
A
circulation. or movement of people and/or
goods?
e. Alterations to waterborne, rail or
air traffic?
4A
f. Increase in traffic hazards to motor
'
vehicles, bicycl* is or pedestrians?
Explanation: X'_
awr.
"A
O
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,'I All
PZ
AY-1
of
11
`G�V74"'Pl'f°5i%.ia"'�2.^`i Ly)i. , •' ,. ....
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F
UP MAYBE`.,NO
fl jyt Cfi �,�
14. Public Services. Will the proposal have
an a fect upon, or result in a need for
services in
new or altered governmental
any of the following areas:
a. Fire protection?
— ---
b. Police protection?—
c. Schools?
d. Parks or other recreational
facilities?
— ---
—"
e. Maintenance of public facilities,
X
including roads?
;
f. Other governmental services?
Explanation:- _
K
YES MAYBE NO
17. Human Health. Will the proposal result
in the creation of any health hazard or
potential health hazard (excluding
mental hea)th)?
Explanation:
18. Aesthetics. Will the proposal result
n the obstruction of any scenic vista
or view open to the public, or -will the
proposal result in the creation of an
aesthetically offensive site open to
public view? '
Explanation:
ZIP .��.
—
19.
Recre tion.`.Will the proposal result
in an impact upon the quality or quan-
tity ofexisting recreational oppor-
tunities?
Explanation: .O �,
u -E A
ec
20.
Archeological Historical. Will the
proposal result in an alteration of
a -significant archeological or his-
torical.site, structure, object or
building?
_ --
1.
Explanation:
C. SIGNATURE
I,
the undersigned, state that to the best
of m knowledge the. above information is
Y
any declaration;
true and complete. It is understood that the
or non -significance that it might issue in
lead agency may withdraw
reliance upon this checklist ul there
be
any willful misrepresentation or willful
di
lack of f i;� s
PROPONENT:
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CITY OF
-EDMANDS
RECEIPT
4
1968
PLANNING DIV.
CIVIC CENTER
D tP
EDMONDS, WASHINGTON
98020
d., Received of
U
Ab.
Y
Dollars
FILE NO.
BARS AccT. NO.
AMOUNT
-:4.
ITEM
ITEM,:
-7
001
0
000. 000. 341.82.00
ZONE SUBD IVISION
ZONE SUBDIVISION
!j
01
00. 000.341 .89.00�
.SHORELINE
:SHORELINE
.0
RECORDING FEE
00, P0000,11
000. 000. 341-al.00
Fj
REV-IEVV
001
000.000341.88.00
MAPS, -BOOKS"' .
0 01
000 000. 341.84.00
PHOTOSTATING
(TO 1
000. 000. 341.86,00
.OTHER;
001
STATE SALES TAX
001
000. 000. 389.94109.
TOTAL
a
Date of Hearing
By.
Time
DP-0001-78
—41
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xar.-:at .�..._ �.
Pr.
F-23D851
.
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EXHIBIT
PARCEL B OF SHORT PLAT RECORDED UNDER AUDITOR'S FILE NO'
7910120046 MORE
PARTICULARLY DESCRSECDAS TION FOLLOWS:
27
LOT
THAT `PORTION OF
.GOVERNMENT 3,
EAST, DESCRIBED AS FOLLOWS:
NORTH, RANGE 3
NORTH LINE OF GOVERNMENT LOT 3,.;,
SAID
BEGINNING. AT . -:A POINT ;ON THE
POINT.BEI:NG 150 FEET DISTANCE NORTHWESTERLY, MEASURED .AT RIGHT
ANGLES FROM THE CENTERLINE OF THE WESTERLY MAIN TRACK OF BURLINGT
`NORTHERN (FORMERLY GREAT NORTHERN RAILWAY CO..) AS NOW L.00A7ED AND
CONSTRUCT-ED AND -SHOWN ON RECORDED
.SURVEY IN .VOLUME 8 OF SURVEYS,
ON PAGE. 104; 'THENCE. 47°T6'.30" WEST A DISTANCE OF: 226 ;68
FEET;'TO THE.NORTHEASfERLY RIGHT OF WAY OF DAYTON...STREET, THENCE
':NORTH 38°17'07":WEST. ALONG SAID RIGHT OF WAY A DISTANCE OF.::30 42,
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH
38°1;7'U7"::WEST ALONG SAID RIGHT
'OF WAY A DISTANCE:,OF 80 O,:FEE7
w ' T0-AN`INTERSECT'ING POINT ON THE NORTHWESTERLY MEANDER.,LINE OF
SAIsD:GOYERNMENT LOT 3; THENCE NORTH 52°08.53" EAST ALONG SAID
z HENCE SOUTH 40: 25' 1=1'.' EAS1
MEANDER LLNE A.:DISTANCE
OF 78.0 FEET, T
THE SOUTH. 2°41'`.16" WEST A DISTANCE
{1 rt
A DISTANCE 'OF
1.0.71 FEET;
THENCE SOUTH_47°17'07"::EAST A'DISTANCE;,.OF 10`.93
fi
f;.
OF'.69.=45 FEET;
FEET; THENCE. SOUTH
42°42'S3" WEST A DISTANCE OF 35 FEET TO THE
Lr ;
TRUE POINT OF
BEGINNING.
�x
"SITUATE I.N'THE'.COUN.TY
OF SNOHOMISH., STATE OF WASH:INGTON
i
NOTICE OF HEARING PETITION
FOR OKA= CONDITIONAL USE PERMIT
BY EDMONDS BOARD OF ADJUSTMENT
All. interested persons are hereby.notified that.Wednesday,
the
21st day of March 19 79, has :been set
as the
by Robert R.
date Pantle
for hearing petition filed y
for..: a,, *M conditional, usepermitfor joint use parkin
eY t
Y' STATE OF WASHINGTON, t
COUNTY OF SNOHOMISH, 1T
lowi
5-2-1
N 0
TICE
OF
PUBLIC
HEARI.N
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT
PUBLIC HEARING WILL BE HELD BY THE
K Y y ttNt
oc
to,
AN APPLICATION HAVING BEEN FILED FOR..aK4 qnq
01h Dd-rK .1
...............
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...............................................
................... .............
..............
Pn
PROPERTY DESCRIPTION OR ADDRESS:
Dd J
.....................................
......... ........................
ZONE CLASSIFICATION:. ................... j .......................................
-
,TIME & DATE OF HEARINGW3P p,,m dQ•DATE x'
. .....
'[ME DAY
jy4
7..
Oft
THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS;
. CIVIC�',
CENTER' 250 - 5th AVENUE NORTH. ANY PERSON INTERESTED -� IN ��.: THIS:
PROPOSAL'` APPEAR IN SUPPORT OF OR IN OPPOSITION TO IT. COMMENTS.:
CONCERNING THE APPLICATION MAY BE SUBMITTED PRIOR TO OR. AT �.,,THE',
MEETING,""? .'IN PERSON OR IN WRITING. ADDITIONAL INFORMATION MAY BE.
OBTAINED AT THE PLANNING DIVISION (PHONE 775-2525 EXT. 227). IN THE�
EVENT THE AGENDA IS NOT COMPLETED ON THE ABOVE DATE, THE PUBLIC`
HEARING WILL BE CONTINUED TO THE NEXT REGULAR MEETING AT THE SAME
TIME AND PLACE .-:1.
r
�FILE NOiclu-nit- I.T. PUB ........
LISHED..575"' 7 1.....
ISM f i 14v
Wit Dn1kTFR MAY RE REMOVED AFTER_1'2�77_1'11
The removal, mutilation, destruction, or:
concealment of this notice prior to the date
of the hearing Is a misdemeanor punishable:
by fine and Imprisonment.
4lt rs{'Y'31i� {•yL'F Y
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ADB. REVIEW
PARKING REVIEW FOR PANTLEYw'
4
ADB-22-79 "w
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„
Square footage of Building .....
23.00 Parking required 6
1st:Floor'�
4700 Parking required 6 z i
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2nd Floor
4500 �25
3rd:' Floor ..(res-t) „ „ 3,
2150
(office) <<
The` 1st :floor parking. was calculated.. at one space
400 square feet....
The 2nd..floor.parking was 'calculated at one space per.
800square.f:eet.
The third floor. parking was, calculated at:'20 graces plus:
the restaurant (4500..square feet) andone space;
fue;.for space-(2150:square feet).
per.800'.square feet for the office
The applicant has applied for joint use parking. for.: daytime/
of
nighttime use. This `could allow a reduction approximately.;
E a & 2)
l2 overall spaces. (See Sect 12.14.020
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These are approximate calculations because the square footage.
of each use is not indicated.
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PLANNER'S CONDITIONAL USE PERMIT REVIEW FORM FILE
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APPLICANT: ROo t- f ���U ADDRESS: _
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CONDITIONAL USE REQUESTED: c A2
DjC,,
ZONING CODE REQUIREMENT: A'L.Locku W{ C U
1u
OTHER PERTINENT FACTS:
F.
CONDITIONAL USE PEMIT CRITERIA -SECTION 12.16.080
1.
Will the proposed use endanger the public health, morals and general welfare if located
!.3•
where proposed and developed?
YES/NO
:.i
2.
Does the proposed use meet all required conditions set forth in the zone where it pro-
poses to locate; including the general provisions?
'
YES/NO
i 3.
Will the use be injurious or detrimental to adjoining or abutting property? Is use a
l`...
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public necessity?
YES/NO
4.
Will the proposed location and character of the use be in harmony and compatible with
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theareain which it is to be located as set forth in Chapter 12.13 and the Comprehen
i•
sive Plan?
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YES/NO
:-
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5.
Conditions to be imposed preceeded to establishing the use:
,,
(a) Increasing requirements established by this Zoning Code.
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(b) Stipulation of exact location as a means of minimizing hazards to life, limb,
property, erosion, landslides or traffic.
W.
(e) Structural features or equipment- established to implement "'b" above.
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(d) Conditions deemed necessary to establish parity with uses permitted in the same
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zone in their freedom from nuisance generating features such as: noise, odors,
air pollution, wastes, vibration, traffic, physical hazards.
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6.
Do the conditions recommended decrease the minimum requirements of the Zoning Code?
(If so, a variance is required.)
YES/NO
(8/77)
CU-11=79 ROBERT PANTLEY - Conditional Use Permit for joint.use parking at-181
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Illi;:
ayton t. )
Ms. Luster said this proposal was for a waterfront development which would
fish bar. She distributed to
}
include a restaurant, offices, shops, and a
copies of the waterfront design policies from the Policy Plan and
the Board
noted that the Policy Plan encourages maintaining open areas on the watefront
the City would like to
;
and drawing people to the waterfront area. She said
as on the waterfront to preclude excessive
retain as much open space possible
She said the Board should determine whether joint use parking is
,
paving.
feasible in this area. The joint use would allow combining the parking for
of
a,l
the daytime and nighttime uses in order to reduce the amount parking
space provided. The joint use proposed was only for the area on the applicant's
site, although his overall plan to be discussed at a later time would
by the City and the Port. The applicant
include a parking area jointly owned
to deed a portion of his site to the City for open space if his
proposed
plan were approved. There were approximately 16 usable parking spaces, the
the building. With his
exact number depending on the final design of
figures he is required to have 44 parking spaces: 25 for the
i.
current
restaurant, 3 for first floor offices, 6 for second floor offices, 6 for
the
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first floor shops, and 4 for the existing fourplex. He could pave
to for but the City would prefer it
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proposed open space area use parking
remain in open space. The applicant was willing to acquire additional
#s
parking in other ways. He could use approximately 8 spaces for joint use
Before he could proceed on the
parking and he would need about 20 others.
he needed a determination regarding his proposal for joint use
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project
parking on his property. Ms. Luster said there is a proposal for a commercial .
parking lot on the east side of the railroad tracks. She read a letter
the from the proposed project in
from Alfab which is located across street
which the writer stated he occasionally had to park equipment in this area.
Ms. Luster said the Staff did not feel joint use parking involving 8 spaces
She
would adversely impact the parking problem on the waterfront. noted
the first new for the waterfront, although the Port
that this was proposal
has some future plans. She said the Staff felt this was a good proposal
for this area and this site, and with the joint use parking on the site
The of the hearing
i
much better site plan could be developed. public portion
was opened.
i
Robert Pantley said these were preliminary plans but were very close to
be
what they hoped to do with this property. He said the restaurant would
a primarily nighttime use and the office space a primarily daytime use.
Gordon Maxwell, Port Commissioner, said the Port is concerned with the
parking situation on the waterfront. He noted that the City/Port lot has
been designated by contract as being for the fishing pier, and it was -
that lot drawn on this proposal. He said
somewhat offensive to him to see
they are making sure the Port property does not impact private property and
if the proposed development were scaled down there would not be concern..
He said they would like to see everyone on the waterfront get their own
self-contained parking even if it means scaling down their plans for buildings.
They felt this developer also should provide his required parking. Robert
Holt of 1445 loth P1. N. said he pays to moor his boat and he felt that
should entitle him to a parking space. He said it is difficult to find
parking space now. Mr. Pantley said his site is already 2/3 smaller than
the Port's proposed development next to it and he would be providing open
space. He said he lives in the Port District and pays Port taxes but does
not own a boat so he does not benefit from that. He said the City needs
more open space and he was proposing to provide it. Also, that his plan
was in accordance with the Policy Plan. The public portion of the hearing
was closed. Mr. Roy commented that he was not sure of the need for open
space, but parking was always short. Mrs. Derleth said the need for recreation
on the waterfront will increase and she would much rather see open space
and an additional park on the waterfront than parking lots. She liked the
idea of developing retail and restaurant space plus some office space.
BOARD OF ADJUSTMENT
Page 10 - March 21, 1979
.,l
Chairman Stole commented that in Edmonds all of the restaurants are full
for lunch as well as for dinner. Mrs. Medina felt Mr. Maxwell had some
'
valid concerns. She felt the situation at the fishing pier presently was
an unknown, until it had gone through a full summer season. She felt they
R
would be giving away for commercial enterprise what the City did not have
to give away because it has rights of condemnation and public domain. MRS.
DERLETH THEN MOVED TO APPROVE CU-11-79, WITH A CONDITION OF A NONFORFEITURE
EASEMENT FOR PARKING, BECAUSE SHE BELIEVED IT COMPLIED•WITH THE CITY'S
COMPREHENSIVE PLAN FOR THE',,WATERFRONT, IT WILL PROVIDE -ADDITIONAL -OPEN
SPACE ON THE WATERFRONT, AND•ANY"ADVERSE IMPACT ON.PARKING IN THE
AREA' USED THIS SMALL;NUMBER:CAN BE RESOLVED. 'MR., BYRD SECONDED THE
.CA,By
MOTION: .tjOTdON CARRIED,'.WITH MRS' MEDINA AND MR. ROY VOTING NO.
V-20-79 MICHAEL C. STORRIE - Variance from required front ,yard setback at
202 3rd Ave. S. RMH)
4
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CU-15-79 MICHAEL C. STORRIE - Conditional Use Permit for professional office at
02 3rd Ave. S. RMH)
i
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Ms. Luster said the applicant is a psychiatrist specializing in geriatrics.
His proposal at this address is to have office space on the bottom floor,
storage space on the next floor, and his residence on the top. This would
not be a rezone. The required setbacks from 3rd Ave. S. and from Dayton
St. would be 15' but the existing older house is 14'8" from 3rd Ave. S. and
1
11'4" from Dayton St. A 6'x 12' addition was proposed along the existing
building line and it would not interfere with traffic in the area. Ms.
t
Luster felt it was a reasonable request and would be a minimum variance for
the site. Zoning to the south is RMH and the three corners around it are
BC. Ms. Luster recommended approval, feeling it would not be detrimental
1
to the surrounding area.
With regard to the Conditional Use Permit application, she said that was
for a doctor's office with a residence in the upstairs portion of the
building. She said the proposed use was consistent with the development of
the area. It will be a low key professional office. One parking space for
every 200 sq. ft. of office area is required. The proposed type of practice
would not substantially increase traffic or adversely affect adjoining
multi -family uses to the east. This type of combined use is permitted in
this zone. Ms. Luster recommended approval because the use was compatible
with the devleoping character of the area, all code requirements will be
met, and the use will not be overly intensive in this area and does abut
uses which are more intensive. The public portion of the hearing was
opened. The applicant had nothing to add, and no one else wished to speak.
The public portion of the hearing was closed. An explanation of the parking
was requested, and the applicant said he was not happy with his parking
situation. He said he needed five parking spaces and there is the required
square footage available but he was not satisfied with the parking layout
he would have to use. City Attorney Wayne Tanaka advised that he could not
buy into the In -Lieu Parking Fund in this zone. The parking layout is to
be worked out with the Engineering Division. Mr. Roy commented that this
property had appeared before the Board three times since he had been on the
Board, and he felt this was the best proposal he had seen for it. He did
not believe this remodel would be detrimental to the neighborhood. MR. ROY
MOVED, SECONDED BY CHAIRMAN STOLE, TO APPROVE V-20-79 AND CU-15-79 BECAUSE
IT MEETS BOTH THE VARIANCE CRITERIA AND THE CONDITIONAL USE PERMIT CRITERIA.
MOTION CARRIED.
V-21-79 E. T. HINRICHS - Variance from required front yard setback at 23319 75th Ave. W.
RS-
Ms. Luster referred to the last minutes on this matter, dated August 16, 1978,
file V-42-78,_the action in which required that the east/west length of the
garage be shortened by 4', the 4' coming from the west side. The applicant
was now requesting that only 2' be removed in order that he could utilize a
BOARD OF ADJUSTMENT
Page 11 - March 21, 1979
f''
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JOINT USE AGREEMENT AND COVENANT
THIS COVENANT and easement is granted this (v day of
K
August, 1979, by ROBERT PANTLEY, hereinafter referred to as
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"Pantley", a single man, of Snohomish County, Washington, to his
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successors in interest in that certain real property described
Cr,hereinafter
in Exhibit "A" and the City of Edmonds.
G4
RECITALS
WHEREAS, Pantley is t-he owner and entitled to real pro-
{
perty described in parcels A and B and more particularly as set
forth in Exhibit "A" attached hereto and incorporated by this
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reference as if set forth in full, and
1
WHEREAS, Pantley proposes to construct on said real
property a three story. building containing a restaurant on the
+.
third floor, office spaces for lease on the second floor and
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commercial retail shops on the ground floor and has submitted
t
approval for the same to the City of Edmonds, and
WHEREAS, thirty-eight (36) parking spaces are required
i
under the present applicable code of the City of Edmonds, and
.
WHEREAS, the provisions of the Edmonds Zoning Code per-
mit the owner to in part satisfy off-street parking requirements
1 .
by joint use of parking spaces by compatible uses, and
WHEREAS, Pantley has sought and obtained a Conditional.
Use Permit in compliance with the terms and provisions of the
Edmonds City Code for a joint use of eight (8) off-street parking
spaces for the real property describe in Exhibit "A", reducing
the required number of spaces that must in fact be provided from
I
thirty-eight (38) to thirty (30), and
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WHEREAS, said parking layout and design have been
approved by the various boards and the City Council of the City
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of Edmonds, and
WHEREAS, as a condition of the approval to be granted
joint use of eight (8) parking spaces a condition was imposed
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requiring that said parking spaces be dedicated by easement and
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covenant for the joint use of the owners and lessees and their
ry aftr
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successors in interest of the entire building proposed to be
constructed, now, therefore,
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1, Pantley hereby grants and conveys to the present
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future owners and lessees in perpetuity, an easement for
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owners,
the
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joint use of eight (8) off-street parking spaces on pro-w
tz
jthe
"A".
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perty set forth on Exhibit
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2, This joint easement is nonforfeitable as granted5
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it
and inures to the benefit of present owners, future owners and
lessees of said total construction, including restaurant, office
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spaces and commercial retail spaces. This joint use easement
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not be modified or revoked without the express written
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shall
that nothing herein shall
consent of Edmonds; Provided, however,
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be deemed to affect the City's ability to revoke or modify the
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Use Permit previously granted by the City and toffi
Conditional
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require Pantley, his heirs, successors, lessees and assigns to be
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with the off-street parking requirements of
,e
in full compliance
the City Code as now exist or may hereafter be amended.
3. This grant of easement shall run with the land
described on Exhibit "A", and shall be binding on Pantley, his
heirs, successors, lessees and/or assigns. All costs of re-
i
cording shall be paid by Pantley.
?
q, Said parking spaces and facilities shall be main-
tained in good repair at the sole cost and expense of Pantley,
and/or his successors and/or lessees.
5, Pantley, his successors and lessees release, L, C7 0
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indemnify, defend and hold Edmonds free and harmless of any � cd n p
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Peep 73 .z :y ;
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7909130 310
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NOTARY PUBLIC in and for th y'+, ........
State of Washington, residii�
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7909130310
-—3—vot1592 zticf6741.
AUTHOR 17FT3
RE U(ilil[4 i 1
CITY OF
By
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File. Nulllber(— CU-11-79%
OVER-ALL LEGAL
That portion of Government Lots 2 & 3, Sur..ticin 23, Township 27 North, Range
3 East, W.M.; Described as follows:
Beginning at a point on the North line of Government Lot 3, said point being
150 feet distant Northwesterly neasured at right angles from the centerline
of the Westerly main track of Burlington iJorthern (Formerly Creat Northern
Railway Co.) as nowt located and constructed and shown on recorded survey in
Volume 8 of surveys on page 104; thence N 89050'52" W along the North line
of said Government Lot 3 a distance of 56.51 feet; thence N 52008'53" E along
a line into said Government Lot 2 a distance of 3 feet; thence N 48002'28" W
within said Government Lot 2 a distance of 57.27 feet to the meander line of
said Government Lot 2; thence S 52008'53" W along said meander line a eis-
tance of 175.04 feet crossing into said Government Lot 3 to a point on the
Northeasterly Right of Way of Dayton Street; thence S 38017'07" E along
said Right of Way a distance of 110.42 feet; thence N 47016'30" E a distance
of 226.68 feet to the Point of Beginning.
PARCEL. A
That portion of'Government Lots 2 & 3, Section 23, Township 27 North, Range
3 East, W.M., Described as follows;
Beginning at a point on the North line of Government Lot :1, said point being
150 feet distance Northwesterly measured at right angles from the centorline
of the Westerly main track of Burlington Northern (Formerly Great Northern
Railway Co,) as now located and constructed and shown on a recorded survey in
Volume 8 of surveys on page 104; thence N 89050152" W along the North line
of said Government Lot 3 a distance of 56.51 feet; thence N 52008'53" E along
a line into said Government Lot 2 a distance.of 3 feet; thence N 48002'28" W
within said Government Lot 2 a distance of 57.27 feet to the Northwesterly
meander line of said Government Lot 2; thence •S 52008'53" W along said meander
line a distance of 95.04 feet, crossing into said Government Lot 3; thence
S '37051'07" E a distance of 12 feet; thence S 2041'16" W a distance of 68.52
feet; thence S 47117'07" E a distance of 10 feet; thence S 42042'53" W a
distance of 37 feet to the,Northeasterly Right of Way of Dayton Street; thence
S 38017'07" E along said Right of Way, a distance of 30.42 feet; thence N 47°
16'30" E a distance of 226.68 feet to the Point of Beginning.
PARCEL. B
That portion of Government Lot 3, Section 23, Township 27 Norch, Range 3 East,
W.M., Described -as follows:
i ,
Beginning at a point on the North Line of Government Lot 3, said point being
J 150 feet distance Northwesterly measured at right angles from the centerline
of the Westerly main track of Burlington Northern (Formerly Great Northern
Railway Co.) as now located and constructed and shown on recorded survey in
Volume 8 of surveys on page 104; thence S 47016'30" W a distance of 226.68
1 Ri ht f Wa of Da ton Street; thence N 38017'07" W
feet to the Northeaster y g o y y
along said Right of 1Js� a distance of 30.42 feet to the Trite Point of Beginning;
thence continuing N 38 17'07" W along said Right of Way = distance of 80.0
i feet to an intersecting point on the Northwesterly meander line of said Govern-
ment Lot 3; thence N 52 08'53" E along said meander line a distance of IIO
feet; thence S 37051'07" E a distance of 12.0 feet; thence. S 2041'16" W a
distance of 68.52 feet; thence S 47017'07" E a distance of 10 feet; thence
S 42042'53" W a distance of 37 feet to -the True Point of Beginning.
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--------------------- --
it I, Albert Chanoweth, Registered Land Surveyor in the State of Washington, do
hereby certify that the above written descriptions of the property contained
in thissho��Stib vision are accurate and correctly described,
� \0 `ASh ' W. Chonoweth
G`R.L.S. 9567
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NAL BAN oo y of `1
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i90 9130316 ,