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181 DAYTON AVENUE.pdf4 Raft T— f EDMONDS, WASHINGTON_ Fee 325 00 � •� Ree L No. I9Gb' ; APPLICATION TO BOARD OF ADJUSTNENT FOR CONDITIONAL USE PERFIIT HEARING DATE '� APPLICANT: - DORESS PHONE `75G~ % Y Indicate tyre or degree oit iinnterest in h property: t , OWNER: / ' ADDRESS � PNONE:7yr --:.� 7 =A' L� LOCATION OF PROPER Y(ADDRES / .r tl ,A.) �ytatr�Q� LEGAL DESCRIPTION OF PROPERTY: k r4 • yewwwwwwwwwwww,rwww,rwww,►wwwwwwww*w*wwww*www*www+tw+rw*+rw*,rwww*wsrwwww+c*wwwwwww+rwww*,rwwww+rww+ew,tww*. ww '' To be completed by the Planning Dept: Use Zone Legal description checked and �. y approved: by: ,:. Date: n; "•' �Rwwwwwwwwwwwwww*wwwwwwwwwwww,tw*w,tw*wwwww***wwwwwwwww*www�rw+rww*wwww�r*w,r*wwwww*wwwwwwwwwwwwwwww VICINITY SKETCH: PLEASE SHOW BELOW A VICINITY SKETCH AS PER EXAMPLE, INDICATING NORTH 5 F: Example 5f W. CONDITIONAL USE REQUESTED: 11 �� DETAILS OF PROPOSE USAGE: �� L` e b 21 OU W, _ • r11 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 e�. g. s e as prepared and read the foregoing statements and has acknowledged to me that the Iq recitations contained therein are true, and has signed this in as his/her free and ,. voluntary act and deed for the purposes therein mentioned. ' SubscObed and sworn to before no ti:is % day of 19 n - .'; OTARY IC, in and for he State of. Washington, residing at f 44 -�7 .7 7 PF g -RIj P_8 Rlo 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 rj;,," 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. i f.1 S 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 r same are in' the file'. �' = • ;x 2 That the,fore going "set o forth Standards and Criteria each`have/t been met.', r :• 9 In addition thereto;:, °. E :..:. e r J '. r ... , 14 .41 4 :Therefore, .the request for Conditional Use Permit is Deneed/Granted, subject to it the following/ special conditions:. it; Q d.OAA 5. 'Decision shall be effective on:__s -� - Date Dated �' 2/ - �7 �,/i �C�C c-r1 ���Y Chairman, Board of Adjustment f' �k it fi sc i� er ik fc :c ik .t ik DATA Q �` 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 -. �Yy `l� 'r c it V.;e ;5'T� R 4 '. .,. .r.. ♦:... .. 1����J� .: � '. �!1 {K.IiWl"N?�A j?S 2H f 53, 4 f.!! / I J .:... - ., .. 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. A r• AML 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' :. 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 �,.'•��0. cz—d 44�,,• 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 " '1. ;. '�" } •i fp , „� ka{ N `�' i ;Ll-.' ,r t+.j�h yf �[i k 4 ti; 'J7 f � M -V ( ��'�v'`�,yt 3vv'♦; ^' iRy /t�#�i.+��A£�af: n���� S�S�(• 1, ,y , iP 04 ayes" "maybe" ansvrs are.4ryaq�r'lr►Kg, B. ENVIRONMENTA IMPACTS Explanations of all and: YES MAYBE NO Ai i 1. Earth. ill the proposal result in: x Unst ble earth conditions or in changes x a. in geolo is substructures? r nod i b. Disr ptions, displacements, compaction X rr q or over overing of the soil? c. Charge in topography or g round. surface j`` �tr relief eatures? — — i.S 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• J e.►r rr x7 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 J S , � 3. Wate . Will the proposal result in: 4F a, Changes in currents, or the course in either £ or direction of water movements, -- r' 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— i,. rt 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. r• - ... l i 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 -5- ,'I All PZ AY-1 of 11 `G�V74"'Pl'f°5i%.ia"'�2.^`i Ly)i. , •' ,. .... ... ! � h� yF 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: -7- Z'- UP WN 'C'J' . ......... 1, Si 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 Ji d�o .......... xar.-:at .�..._ �. Pr. F-23D851 . A t3 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 ............... ."i, is"i ............................................... ................... ............. .............. 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 ! {;, ` _ �%r n r ' r . it A tt.. !1 7 ! ���,'%t1 s\ t ! it � 4f,� ''A�i� �j��+"��+i' �� , i 7) ,. r_iy_ � rl�� !J s l: lcq. ttli n+�' 3w•" .. .t s•:ant•,. .mdv... ...n ..... . . .. J;w' .NF .•...ryv+. tw vkUMati.� 1, ra . • . ...... '' •... iSk Yui s ADB. REVIEW PARKING REVIEW FOR PANTLEYw' 4 ADB-22-79 "w i „ Square footage of Building ..... 23.00 Parking required 6 1st:Floor'� 4700 Parking required 6 z i r . 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 i' These are approximate calculations because the square footage. of each use is not indicated. lY� I AFR .-M- ­77-Aw . .. ....... Z) i' yy „ { n PLANNER'S CONDITIONAL USE PERMIT REVIEW FORM FILE �p. ~ LGY1 -St. APPLICANT: ROo t- f ���U ADDRESS: _ I 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`... r public necessity? YES/NO 4. Will the proposed location and character of the use be in harmony and compatible with t theareain which it is to be located as set forth in Chapter 12.13 and the Comprehen i• sive Plan? I` f YES/NO :- � 5. Conditions to be imposed preceeded to establishing the use: ,, (a) Increasing requirements established by this Zoning Code. >: (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. i is (d) Conditions deemed necessary to establish parity with uses permitted in the same i' T zone in their freedom from nuisance generating features such as: noise, odors, air pollution, wastes, vibration, traffic, physical hazards. I a: t 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 rJ 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 # first floor shops, and 4 for the existing fourplex. He could pave to for but the City would prefer it t' 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 _ } y 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 r ; CU-15-79 MICHAEL C. STORRIE - Conditional Use Permit for professional office at 02 3rd Ave. S. RMH) i j 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'' M. r �+ r i 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 q 3 PN "Pantley", a single man, of Snohomish County, Washington, to his r i r4_` 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 r 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 t } 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 i -----�_� ,4,.r.ti„e., rial nn-si-te 1 r' klrti t4r, . r WHEREAS, said parking layout and design have been approved by the various boards and the City Council of the City I�tiV! "Y3'��FF(� 5!•` of Edmonds, and WHEREAS, as a condition of the approval to be granted joint use of eight (8) parking spaces a condition was imposed tSr SrtrK 0� {ir requiring that said parking spaces be dedicated by easement and i "a� € '+' •j covenant for the joint use of the owners and lessees and their ry aftr t i successors in interest of the entire building proposed to be constructed, now, therefore, w s 1, Pantley hereby grants and conveys to the present !� future owners and lessees in perpetuity, an easement for r ? owners, the ft,y joint use of eight (8) off-street parking spaces on pro-w tz jthe "A". } perty set forth on Exhibit .., 1 2, This joint easement is nonforfeitable as granted5 ° S�F it and inures to the benefit of present owners, future owners and lessees of said total construction, including restaurant, office f <ri s3��,L { spaces and commercial retail spaces. This joint use easement j �"•�; " i not be modified or revoked without the express written i. . shall that nothing herein shall consent of Edmonds; Provided, however, r�s�ku be deemed to affect the City's ability to revoke or modify the liq ?�jFrS Use Permit previously granted by the City and toffi Conditional 4 z KA. require Pantley, his heirs, successors, lessees and assigns to be 1 (,5i .i 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 .-. R� 1 indemnify, defend and hold Edmonds free and harmless of any � cd n p ' 0��=w ?- 0 Peep 73 .z :y ; voT592 7909130 310 2 U i 00 NOTARY PUBLIC in and for th y'+, ........ State of Washington, residii� \\ • � � \ ' w' 'W Zvi a tr r'I 1y r J, L ?'t I `y i• r_ 7909130310 -—3—vot1592 zticf6741. AUTHOR 17FT3 RE U(ilil[4 i 1 CITY OF By r •pis •, • �i. 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. 1 3 ,�} try�h � r b• d r --------------------- -- 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 W -- ? AUTI'1O111Y-r-D J n- ;y� r I=OR T41V A V Q o r ltl'COItUING FFC Q� �'2 y�.L A� nib ip•.. �o \`\` '`Jf7�.•�:t�••'D5J`' 1 f 1 Ol 171)MONDS ✓(/N /`� NAL BAN oo y of `1 IS% w',. w.,., EXHIBIT "AIL 7_ i90 9130316 ,