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'APPLICANT. ON BEHAL OF HIS OR HER SPOUSE, HEIRS, ASSIGNS AND SUCCESORS
ENG. INSPECTION FEE
IN INTEREST, AGREES TO INOeMNIFY. DEFEND AND HOLD HARMLESS THE CITY OF
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CITY OF EDMONDS GARY HAAKENSON
MAYOR
1215TH "rNUE NORTH - Edm�ds, WA 98020.(426) 771,0220, FAX (425) 771-0221
HEARING EXAMINER
FINDINGS, CONCLUSIONS AND DECISION
OF THE HEARING EXAMINER
CITY OF EDMONDS
APPELLANTS:
Frans & Betty Munson, Hugh & Grace Preston, Tom & Sharon
Karnmerzell (See Exhibit A, Attachment 2)
PROPERTY OWNERS/
APPLICANTS:
Gary & Diana Atkinson
CASE NO..
AP-2001 -135
LOCATION:
621 View Place South (See Exhibit A, Attachment 1)
APPEAL:
Appeal of staff interpretation regarding height calculation for
single-family residence.
REVIEW PROCESS:
Hearing Examiner conducts a public hearing and makes the final
decision for the City.
MAJOR ISSUES:
'4'
a. Compliance with Edmonds Community Development Code
(ECDC) Section 16.20.030 Single -Family Residential - Site
Development Standards.
b. Compliance with ECDC Section 17.30.035, Trellises and
Arbors
('� I- with ECDC Section 2140 030 Heiaht definition
C. .. F I . I
d. Compliance with ECDC Section 21.90.150, Structure
definition
e.
Compliance with ECDC Section 21.10.040, Building definition
f,
Compliance with ECDC Section 21.000.000, Building
9-
Compliance with ECDC Section 20.85.070, Roof definition
h.
Compliance with ECDC Section 21.15.110, Coverage
definition
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Compliance with ECDC Chapter 20.91, Public Hearings and
Notice
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Compliance with ECDC Chapter 20.105, Appeals and Court
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Review
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Incorporated August 11, 1890
Sister City - Hekinan, Japan
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'Rearing Examiner Decision
Case No. AP-2001-135
Page 2
SUMMARY OF RECOMMENDATION AND DECISION:
Staff Recommendation: Deny the appeal
Hearing Examiner Decision: Deny the appeal
PUBLIC HEARING:
ry Report,
After reviewing the official file, which included the Planning Division Staff Adviso
and after visiting the site, the Hearing Examiner conducted a public hearing on the appeal. The
hearing on the appeal was opened at 9:38 a.m., October 18, 2001, in the City Hall, Edmonds,
Washington, and closed at 11:30 a.m. Participants at the public hearing and the exhibits offered
in is available in the
and entered are listed in this report. A verbatim recording of the hear g
Planning Division.
REARING TESTIMONYILEGAL ARGUMENT:
The following persons offered testimony and/or legal argument at the public hearing.
From the City:
Kathleen Taylor, Planner
Ann Bullis, Assistant Building Official
From the Appellants:
Frans Munson
Tom Kernmerzell
Hugh Preston
Grace Preston
From the Applicants/Property Owners:
Edward McKemia, Attorney for the Applicants
Gary Atkinson, Applicant
Jim Simpson, Contractor
From the Community:
Tom Readek
Jim Mizell
Gene Summy
Shirley Murdock
Barbara Kurtz
The Appellant and neighbors testified in part that:
* The subject house is taller than they were told it would be.
* The method of determining the smallest rectangle is not correct.
* The house should be surveyed from all four of the points that make up the rectangle.
0 Some of the neighbors were assured that the City would survey the site.
* There is no cover or roof on the arbor and it should not be used in the calculations.
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*Hearing Examiner Decision
Case No. AP-2001-135
Page 3
• One of the new comers that was established after the arbor was included to determine the
height of the building is incorrect. Comer B is off by about two feet.
• Including the arbor is the wrong way to get a higher building.
• The arbor hasn't been constructed yet.
• The house is being built without consideration for the neighbors and is blocking views.
• The loss of views from neighboring properties has resulted in a loss of value for the
properties affected.
• No one in the City seems to be concerned with view protection.
The Applicant, his attorney and his builder responded in part that:
• The house, as built, meets the requirements of the code relative to height.
• The house does not meet the definition of a nuisance as specified by the Edmonds codes.
• Some of the neighbors support the design of the house.
• It is unfortunate that some of the neighbor's views have been impacted, but there axe no
City requirements for view protection and the neighbors do not own view easements over
the subject property.
• The applicant did take the neighbors views into account, because by code they could have
constructed the house further up the hill and then more views would have been impacted.
Staff responded in part that:
• There is nothing in the City Code to protect private views. There is only a requirement
for limitation on heights.
• The arbor was on the original plans and staff made a mistake and did not include it in the
original calculations.
• Some of the houses in the area have view easements over homes in front of them to
protect their views. That is not the case here.
• The maximum allowed height in this instance is 290.75 feet above sea level and that is
what the top elevation of the house is.
• Points B and C were both checked by Aaff when the rectangle was changed. Staff
believes the elevation shown for Point B is correct.
CORRESPONDENCE:
The following correspondence was submitted into the record at the hearing.
Dorothy Knesal (Exhibit B)
Howard Loss (Exhibit C)
Donald and Bonnie Brindle (Exhibit D)
Diana and Gary Adkinson (Exhibit E)
Daniel Roupe, PLS (Exhibit F)
Irwin and Janet Bucholz (Exhibit G)
Alan Brobeck, MD (Exhibit J)
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qearing Examiner Decision
Case No. AP-2001-135
Page 4
of the five letters submitted by neighbors, four of the letters (Exhibits B, C, D, and G) "pressed
no objections to the subject home and one of the letters (Exhibit J) expressed concern over the
loss of view resulting from the construction of the subject home.
One of the letters submitted (Exhibit E) was from the applicant and it responds to issues raised
by the appellants.
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One of the letters submitted (Exhibit F) was from the applicant's land surveyor indicating that the
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ridge elevation of the subject house is acceptable per the approved plans.
FINDINGS OF FACT AND CONCLUSIONS
A. SITE DESCRIPTION
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1. Site Development And Zoning:
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a) Facts:
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(1) Size: The subject property is approximately 8,537 square feet. See Exhibit A,
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Attachment 3.
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(2) Land Use The subject property was recently developed with a new single-family
residence.
(3) Zoning: The subject property is zoned RS-6, Single -Family Residential. See
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Exhibit A, Attachment 1.
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(4) Terrain: The lot slopes downward from the western portion of the lot towards
View Place South. Overall the lot changes approximately 20 feet in elevation.
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Refer to the topography information available on the site plan, Exhibit A,
Attachment 3.
2. Neighboring Development And Zoning:
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a) Fact: The neighboring properties are zoned RS-6 and are developed as single -family
residences.
b) Conclusion: Construction of a single-family residence, which meets code
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requirements, is consistent with single-family development.
B. HISTORY
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1. Chronology
a) On July 3, 2000, the City received a building permit application from the Atkinsons to
621 View Place South. The
remodel an existing single-family residence at
4
application included using the existing foundation and first floor to construct a new
single-family residence. See Exhibit A, Attachment 7.
b) City staff reviewed the application, and the permit was issued on Septembe 12 2000
Hearing Examiner Decision
Case No. AP-2001-135
Page 5
c) OnApril 6,2001, the City received a formal complaint from Mr. Kammerzell of608
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9th Ave. S. regarding the height of the residence under construction. On April 24"
the City received another formal complaint regarding the height from Mr. Munson of
612 - 0 Ave. S. and Mr. Preston of 618 — 90 Ave. S.
d) In regards to the height calculations, the appellants expressed concern that the
smallest box possible was not drawn around the proposed residence, as required by
Edmonds Community Development Code (ECDC) 21. 40.030. Refer to Exhibit A,
Attachment 2. At that time, staff realized an error had been made in the original
height calculations. The box should have been drawn to include the proposed arbor,
which had been shown attached to the north side ofthe building on the plans that
were previously reviewed by staff.
e) On May 14, 2001, the applicant submitted a new site plan with revised height
calculations for staff review. The height calculations box included the arbor. In
doing so, the height calculations changed from a maximum elevation of 290 feet to a
maximum elevation of 290.75 feet.
f) On May 24, 200 1, planning staff approved the revisions.
g) On June 12, 2001, both the Mayor's Office and the Building Division received letters
and photographs from the appellants. See Exhibit A, Attachments 8 and 9.
h) On the same day, Code Enforcement Officer, Jason Tourtellot, responded to their
letters to clarify the height calculation verification process; that is to say, the height
could not be verified until time of framing inspection.
I) The City's Building Inspector verified the height on July 25, 2001. Refer to Exhibit
A, Attachments 5 and 6.
j) On August 17, 2001, a letter was sent from the Code Enforcement Officer to the
appellants. The purpose was to describe the appeal process.
k) On August 31, 2001, the City received a formal appeal. Please refer to Exhibit A,
Attachment 2.
2. Past Precedent
In the past staff has included covered porches and covered patios in the height
calculations. However, it is difficult to cite specific examples, since they are included
with single-family residential building permits and not recorded separately in City
records. One recent case that included a covered porch in the height calculations was for
a new home at 836 Olympic Ave.
C. APPEAL ISSUES
1. Issues Raised by the Appellants. The appellants' issues are contained in Exhibit A,
Attachment 2. In summary, the issues are as follows:
a) The arbor should not be included in the height calculations.
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Hearing Examiner Decision
Case No. AP-2001-135
Page 6
b) The height verification was done improperly.
c) The newly remodeled residence is not compatible with the existing residence and is a
nuisance to the neighbors.
2. Hearing Examiner Response.
a) Issue: Including the arbor in the height calculations.
(1) Facts
(a) Edmonds Community Development Code (ECDC) 21.40.030 provides a
the average vertical
definition of "height." The code states, "Height means
distance, from the average level of the undisturbed soil of the site covered by a
structure, to the highest point of the structure, excluding the following: (A)
Church steeples, (B) Elevator penthouses ... ; (C) Chimneys ... ; (D) Vent
pipes ... ; (E) Standpipes.... 'Average level' shall be determined by averaging
elevations of the downward projection of the four comers of the smallest
rectangle, which will enclose all of the building, excluding a maximum of 30
inches of eaves. If a comer falls off the site, its elevation shall be the average
two sides of the
elevation of the two points projected downward where the
rectangle cross the property line."
150 provides the definition of a structure. It states, "Structure
(b) ECDC 21.90.
means a combination of materials constructed and erected permanently on the
ground or attached to something having a permanent location on the ground.
Not included are residential fences less than six feet in height, retaining walls,
rockeries, and similar improvements of a minor character less than three feet
in height."
(c) ECDC 21.10.040 provides the definition of a building. "Building means any
structure having a roof, excluding all forms of vehicles even though
immobilized."
(d) ECDC 21.00.000(A)(8) states, "The word building includes a portion of a
building or lot."
(e) The roof definition is contained in ECDC 21.85.070. "Roof means the top
covering of a building or structure."
(f) The Edmonds Community Development Code does not contain a definition of
covering. However, the definition of coverage is provided in ECDC
21.15.110. "Coverage means the total ground coverage of all buildings or
structures on a site measured from the outside of external walls or supporting
members or from a point two and one-half feet in from the outside edge of a
cantilevered roof, whichever covers the greatest area."
(g) The definitions of trellises and arbors are provided in ECDC 17.30.035.
Section 17.30.035(A)(1) states, "Arbor is a separate freestanding or attached
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OHearing Decision
Examiner
Case No. AP-2001-135
Page 7
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structure that has a lattice roof and lattice walls or a horizontal lattice work
structure serving to roof a gate or entrance way."
(h) Section 17.30.035(A)(4) states "Trellis is a horizontal structure of open lattice
work designed and intended to support the growth of vines or other vegetation
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or a horizontal decorative element composed of lattice work which admits
light and air through a predominantly open design."
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(i) The latter part of 17.30.035(B) states, "A trellis which has a horizontal
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element which is more than 36 inches in width measured perpendicular to the
in
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fence or trellis shall be considered an arbor and subject to the siting
requirements for an arbor."
(2) Conclusion
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(a) The subject arbor structure exceeds three feet in horizontal width, and
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therefore meets the definition ofan arbor. See (1) (g), (h), and (i) above,
(b) The Edmonds Community Development Code includes the following relevant
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definitions:
(i) The height definition references the structure definition. The subject
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arbor exceeds 36 inches in he ight and is not included in the list of
definition Since it
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exclusions. Therefore it meets the ofa structure.
meets the definition of a structure, one can assume that it should be
included in the height calculations.
(ii) The height definition also references the building definition. According
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to the building definition, it must have a roofon it. The roofdefinition
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states that a roofis the top covering of a building or a structure.
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(iii) Although the ECDC does not offer a definition of covering, it does
provide a definition ofcoverage, ECDC 21.15.110. Referring to
coverage, the height calculations box includes the building/structure
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from the outside of external walls or supporting members.
(iv) ECDC 21.000.000(A)(8) states that the word building includes a portion
of a building. The arbor is attached to the residence and functions as a
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part ofthe overall building.
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(v) In this situation the arbor serves to roof an entranceway, just as ECDC
in
17.30.035(A)(1) describes.
(c) Based on the above definitions, it is concluded that the arbor in question
should be included in the overall height calculations.
(1) It meets the definition of a structure.
(2) It meets the definition of a roof.
(3) Although it is semi -transparent, it is a roof as described by the arbor
definition, ECDC 17.30.035.
karing Examiner Decision
Case No. AP-2001-135
Page 8
(4) Building includes a part of the building.
(d) The City staff was correct in its interpretation. The applicant has complied
with the Edmonds Community Development Code by including the arbor in
the overall height calculations of the building.
b) Issue: Height Verification
(1) Facts
(a) The City's Building Inspector Mike Snook verified the height of the subject
house to be 290.726. Refer to Exhibit A, Attachments 5 and 6.
(b) Daniel Roupe, a Professional Land Surveyor with Group Four, Inc., verified
the height of the subject house to be 290.75 feet. Refer to Exhibit F.
(c) ECDC 16.20.030 states the development standards for RS-6 zoning. The
maximum height allowed is 25 feet.
(d) The Examiner found on a field visit that the actual top of the rockery is not
shown on the plans (Exhibit A, Attachment 4), but that the rockery and
stairway have not been changed as a result of the remodel/new construction of
the subject house. The Examiner believes Point B has been accurately located
for the survey and is on the top of the existing rockery.
(e) The maximum average height allowed is 25 feet from the average origi al
grade. The average original grade as demonstrated by the applicant's land
surveyor, and confirmed by City staff is 265.75 feet. Therefore, the maximum
average elevation allowed for the subject house is 290.75.
(e) The appellants did not submit any substantive information to show that the
subject house exceeds the allowed 290.75 feet.
(2) Conclusion
(a) The residence as built is no more than 25 feet above the average grade.
(b) The residence meets the City's height requirements.
c) Issue: Compatibility with Neighborhood/Nuisance
(1) Facts
(a) Neither the Edmonds Community Development Code nor the City's Urban
Design Guidelines require design review for single-family residences.
(b) ECDC 20.110.030 addresses nuisances within the City. This section of the
code addresses such things as junk, broken furniture, graffiti, vehicle parts,
hazardous trees, junk vehicles and things that may be dangerous to children.
(c) The City has adopted no code provisions to protect private views.
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*Hearing Examiner Decision
CaseNo. AP-2001-135
Page 9
(d) The building permit was reviewed by Planning Staffto ensure compatibility
with the bulk standards for the RS-6 zone. Refer to Exhibit A, Attachment 7.
(2) Conclusion
(a) The applicant has complied with city requirements. It is acknowledged that the
subject home does impact views from neighboring properties to the east,
however, as noted above, there are no City codes that have been adopted to
prevent this as long as the applicant meets all ofthe adopted code requirements.
DECISION
Based upon the foregoing findings and conclusions, the appeal is DENIED and the staff staffs
decision to include the covered trellis/arbor in the height calculations is upheld.
Entered this 3 1 st day of October 2001 pursuant to the authority granted the Hearings Examiner
under Chapter 20. 100 of the Community Development Code of the City of Edmonds.
Ron McConnell, FAI P
Hearing Examiner
RECONSIDERATION AND APPEAL
The following is a summary of the deadlines and procedures for filing a request for
reconsideration and an appeal. Any person wishing to file a request for reconsideration or
appeal should contact the Planning Division for further procedural information.
REQUEST FOR RECONSIDERATION
Section 20. 100.010.0 allows for die Hearing Examiner to reconsider his decision or
recommendation if a written request is filed within ten (10) working days of the date of
the initial decision by any person who attends the public hearing and signs the attendance
register and/or presents testimony or by any person holding an ownership interest in a
tract of land which is the subject of such decision or recommendation. The
reconsideration request must cite specific references to the findings and/or the criteria
contained in the ordinances governing the type of application being reviewed.
APPEAL
According to ECDC 20.105.030.1) the decision of the hearing examiner on appeal of a
staff decision is final and cannot be appealed to City Council.
The Hearing Examiner's decision may be reviewed pursuant to the standards set forth in
RCW 36.70.CI30 in Snohomish County Superior Court. The land use petition must be
filed within twenty-one (21) calendar days of the issuance of the Examiner's decision.
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H aring Examiner Decision
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Case No. AP-2001-135
Page 10
EXHIBITS:
The following exhibits were offered and entered into the record.
A. Planning Division Advisory Report, with attachments
1 . Vicinity and Zoning Map
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2. Letter of Appeal
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3. Site Plan
4. Elevations
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5. Building inspector Comments dated 10/04/01
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6. Height Check Verification Form
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7. Building Permit
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8. Letters from App ellants dated 6/11/01
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9. Photos provided by Appellants
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B. Letter from Dorothy Knesal, dated 10/16/01
C. Letter from Howard Loss, dated 10/17/01
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D. Letter from Donald and Bonnie Brindle, dated 10/16/01
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E. Letter from Diana and Gary Adkinson, dated 10/10/01
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F. Letter from Daniel Roupe, PLS, dated 1015101
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0. Irwin and Janet Bucholz, dated 10/16/01
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H. Seven photographs submitted by the Prestons
1. Eight photographs submitted by the Munsons
J. Letter from Alan Brobeck, MD, dated 10/8/01
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PARTIES OF RECORD:
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a
Hugh & Grace Preston Tom & Sharon Kammerzell
618 9" Ave S 608 — 9' Ave S
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—
Edmonds, WA 98020 Edmonds, WA 98020
Frans & Betty Munson Diana & Gary Adkinson
612 — 9h Ave. S 22014 — 78' PI W
I Edmonds, WA 98020 Edmonds, WA 98020
Edward McKenna Tom Readek
710 Second Avenue, Suite 1414 901 Spruce
Seattle, WA 98104 Edmonds, WA 98020
Hearing Examiner Decision
Case No. AP-2001-135
Page I I
Jim Migil
610 — 9 Ave. S
Gene Summy
606 - 9h Ave. S
Edmonds, WA 98020
Edmonds, WA 98020
Shirley Murdock
716 — �P Ave. S
Barbara Kurtz
7426 230" SW
Edmonds, WA 98020
Edmonds, WA 98020
Jim S'
Dorothy Knesal
4964 116- Pl. SE
612 View Place S
Bellevue, WA 98006
Edmonds, WA 98020
Howard Loss
Donald & Bonnie Brindle
620 View Pl. S
616 View Pl. S
Edmonds, WA 98020
Edmonds, WA 98020
Daniel Roupe, P.L.S.
Irwin & Janet Bucholz
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Group Four, Inc.
832 Cedar St.
16030 Juanita -Woodinville Way NE
Edmonds, WA 98020
Bothell, WA 98011
Alan Brob eck, MD
Planning Division
620 — 9�h Ave. S
Building Division
A
Edmonds, WA 98020
NI,
CITY OF EDMONDS
121 - STH AVENUE NORTH, EDMONDS, WA 99020
PLANNING DIVISION
ADVISORYREPORT
FINDINGS, CONCLUSIONS, AND RECOMNMNDATIONS
TO:
Ron.M.c-C—o-n—ne-11, 119417mig Exammier
From:
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Planner
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Date:
OCTOBER 10, 2001
File:
AP-2001-135
MUNSON, PRESTON, KAMMERZELL
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Octob
Hearing Date, Time, And Place: 18, 2001, At 9:30 AM,
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Third Floor, Room 304
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Edmonds City Hall, 121 — 5b Avenue N.
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TABLE OF CONTENTS
Page
Section
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1.
INTRODVCTION ............................................................................................................. 21
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A.
APPELIANT/APP EALINFORMATION ................................................................................................................. 2
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B.
RECOMMENDATIONS .............................................................................................................................
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FE4DINGS OF FACT AND CONCLUSIONS .................... v ........................................... 2
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A.
SITE DESCRIPTION ........................................... I ..................
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B.
C.
HISTORY ................................................ .... .......................... I ................ I
APPEALISSUES ................................................. .......................................................... ......................... I .......... 4
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RECONSIDERATION AND "PEALS ..................................... ....... . ........................... 6
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6
A.
REQUEST joR RECONSIDERATION ....................................................................................................................
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B.
APPEALS ........................................................................................................................... .........................
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IV.
APPENDICES .................................................................................................................... 6
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PARTIES OF RECORD ............................................................. .....................................
AP-2001-135SP-dw I Octoba 11, 2001 Staff Rqwt
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File No. AP-2001-135
Pagc2ol`7
INTRODUCTION
A. Appellant/Appeal Information
I . AWell : Frans & Betty Munson, Hugh & Grace Preston, Tom & Sharon Kannimmll (See
Attachment 2)
2. Owners of'Subiect Gary & Diana Atkinson
3. Site Loc 621 View Place South (See Attachment 1)
4. Remiests: Appeal ofstaffinterpretation regarding height calculation for single-family
residence.
5. ReviewProcess: Hearing Exanniner conducts a public hearing and makes the final decision.
6. Maior Code Issues:
a. Compliance with Edmonds Community Development Code (ECDC) Section 16.20 030
Single -Family Residential - Site Development Standards.
b. Compliance with ECDC Section 17.30.035, Trellises and Arbors
c. Compliance with ECDC Section 21.40.030, Height definition
d. Compliance with ECDC Section 21.90.150, Structure definition
e. Compliance with ECDC Section 21.10.040, Building definition
f. Compliance with ECDC Section 21.000.000, Building
g. Compliance with ECDC Section 20.85.070, Rooftlefinition
IL Compliance with ECDC Section 21.15.110, Coverage definition
i, Compliance with ECDC Chapter 20.91, Public Hearings and Notice
j. Compliance with ECDC Chapter 20.105, Appeals and Court Review
B. Recommendations
Based on statements offact Conclusions, and Attachments in this report, we recommend
DENIAL ofthis appeal and upholding stairs decision to include the covered patio/trellis in the
height calculations.
H. FINDINGS OF FACT AND CONCLUSIONS
A. Site Description
1. Site Development And Zoning:
2) L*-C—tS-
(1) §Ia- The subject property is approximately 8,537 square feet See Attachment 3.
(2) Land Use The subject property was recently developed with a new single-family
msidence.
(3) Zonin subject property is zoned RS-6, Single -Family Residential. See
Attachment 1.
(4) Lerrain- The lot slopes downward from the western portion ofthe lot towards View
PlaceSouth. Overall the lot changes approximately20 feet in elevation, Refertothe
topography information available on the site plan, Attachment 3.
2. Neighboring Development And Zoning:
it) Fact: The neighboring properties are zoned RS-6 and are developed as single family
residences.
AP-2001-135SR.dw / October It, 2001 llltalflittl)OTt
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File No. AP-2001-135
Page 3 or7
b) Conclusion: Construction 0170 single.fitudly residence which inects code requirements is
consistent with single family development.
B. History
1. Chronology
a) On July 3,2000, the City received a building pennit application from the Addrisons to
remodel an existing single-family residence at 621 View Place South. The application
included using the existing foundation and first floor to construct a new single-family
residence, See Attachment 7.
b) City staffreviewed the application, and the permit was issued on September 12, 2000.
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c) On April 6, 2001, the City received a formal complaint from Mr.KammcrzeUof608-9"
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Ave. S. regarding the height ofthe re sidence under construction. On April 24"the City
received another formal complaint regarding the height from Mr Munson of`612 9"
Ave. S. and Mr. Preston of618 - 9" Ave. S.
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d) In regards to the height calculations, the appellants expressed concern that the smallest
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box possible was not drawn around it re proposed residence, as required by Edmonds
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Coranumity, Development Code (ECDC) 21.40.030. ReferL to Attachment 2. At that
ne box
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time, staffrealized an error had been made in the original height calculations.
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should have been drawn to include the prop used arbor attached to the north side ofthe
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building,
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e) On May 14, 2001, the applicant submitted a new site plan with revised height calculations
the height
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for staffreview. The height calculatio as box included the arbor. In doing so,
from a maximum elevation of290 feet to a maximum elevation of
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calculations changed
290.75 feet
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t) On May 24,2001, planning staffapproved the revisions.
g) On June 12,2ool, both the Mayor' a Office and the Building Division received letters and
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photographs from the appelbuirts. See Attachments 8 and 9.
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h) On the same day, Code Enforcement Officer, Jason Tourtellot, responded to their letter to
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clarify the height calculation verification process; that is to say, the height could not be
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verified until fime of fiarning inspection -
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i) The City's Building inspector verifi ad the height on July 25, 2001. Refer to Attachments
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5 and 6.
j) On August 17, 2001, a letter was sent from the Code Enforcement Officer to the
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appellants. The purpose was to describe the appeal process.
k) On August 31, 2001, the City. received a formal appeal. Please refer to Attachment 2.
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2. Past Precedent
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In the past stalfhas included covered porches and covered patios in the height cal culations.
difficult to specific examples, since it is included with a single-family
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However, it is cite
residential building permit and not recorded separately in City records.
AP-2001-135SPUoc /Octeber 11, 2001 /StaffReport
Munsort, Preston St Kantntemil
File No. AP-2001-135
Pop 4 of 7
C. Appeal Issues
1. Issues Raised by the Appellants. The appellants' issues are contained in Attachment
2. In summary, the issues are as follows:
a) The arbor should not be included in the height calculations.
b) The height verification was done improperly.
c) The newly remodeled residence is not compatible with the existing residence.
2. Staff Response.
a) Issue: Including the arbor in the height calculations.
(1) Facts
(a) Edmonds Community Development Code (ECDC) 21AO.030 provides a
definition of"height." The code states, "Height means the average vertical
distance, from the averageievel ofthe undisturbed soil ofthe site covered
by a structure, to the highest point ofthe structure, excluding the following.
(A) Church steeples, (B) Elevator penthouses ... ; (C) Chimneys ... ; (D) Vent
pipes ... ; (E) Standpipes.... 'Avenge level' shall be determined by
tion ofthe four comers ofthe
averaging elevations ofthe downward projec
smallest rectangle which will enclose all ofthe building, excluding a
maxinuamol`30 inches ofeaves. Ifa comer falls offthe site, its elevation
shall be the average elevation ofthe two points projected downward where
the two sides ofthe rectangle cross the property line."
(b) ECDC 21.90.150 provides the definition ofa structure. It states, "Structure
means a combination ofmaterials constructed and crected permanently on
the ground or attached to something having a permanent location on the
ground, Not included are residential fences less than six feet in height,
retaining walls, mckeries, and similar improvements ofa minor character
less than three ie;i in height."
(c) ECDC 21.10.040 provides the definition ofa building. "Building means
any structure having a roof, excluding all forms ofvcWcics even though
immobilized."
(d) ECDC 21.00.000(A)(8) states, -rhe word building includes a portion oft
building or lot."
(e) The tooftlefinition is contained in ECDC 21.85.070. "Rocti'means the top
covering ofa building or structure."
(f) The Edmonds Conarturnity Development Code does not contain a definition
ofcovering. However, the definition ofcoverage is provided in ECDC
21.15.110. "Coverage means the total ground coverage ofall buildings or
structures on a site measured from the outside of external walls or
supporting members or from a point two and one-half feet in from the
outside edge ofa cantilevered roof, whichever covers the greatest area."
(g) 'Me definitions oftreflisca and arbors are provided in ECDC 17.30.035.
Section 17.30.035(A)(1) states, "Arbor is a separate freestanding or
attached structum that has a lattice roofand lattice walls or a horizontal
lattice work structure serving to roofa gate or entrance way."
(h) Section 17.30.035(A)(4) states "71nellis is a horizontal structure ofopen
lattice work designed and intended to support the growth ofvines or other
vegetation or a horizontal decorative element composed oflattice work
which admits light and air through a predominantly open design."
AP-2001-135SR.dw I October 11, 2001 / Staff RqM"
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Monson, Preston & Ksonowrell
file No. AP-2001-135
Page 5 of7
(i)
The latter pad of 17.30.035(B) states, "A trellis which has a horizontal
element which is more than 36 inches in width measured perpendicular to
the fence or trellis shall be considered an arbor and subject to the siting
requirements for an arbor."
(2) Conclusion
(a)
The subject structure exceeds three feet in horizontal width, and therefore
meets the definition of an arbor. See (9), (h), and 0) abO--
(b)
The Edmonds Community Development Code includes the f011Owing
relevant definitions:
(i) The height definition references the structure definition. The
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subject arbor exceeds 36 inches in height and is not included in ft
listofeXclusions. Therefore it meets the definition ofa structure.
Since it meets the definition ofa structure, one can assume that it
should be included in the height calculations.
(ill The height definition also references the building definition.
According to the building definition, it must have a roofon it. The
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roofilefinition states that a roofis the top covering ofa building or
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a structure.
(iii) Although the ECDC does not offer a do finition ofcovering, it does
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provide a definition ofcoverage, ECDC 21.15.110. Referring1k)
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coverage, the height calculations box includes the
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buildingtstructure from the outside ofexteread walls or supporting
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members.
(iv) ECDC 21.000.000(A)(8) states that the word building includes a
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portion ofa building. The arbor is attached to the residence and
functions as a pan of the overall building.
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(v) in this situation the arbor serves to roofan entraneeway, just as
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ECDC 17.30.035(A)(1) describes.
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(c)
Based on the above definitions, one coo logically assume that the arbor in
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question should be included in the overall height calculations.
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(i) It meets the definition ofa structure.
(ii) It meets the definition of a roof. Although it is semi-transpamrr� it
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is a roofas described by the arbor definition, ECDC 17.30.035.
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(iii) Building includes a part ofthe building.
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(d)
The applicant has complied with the Edmonds Commanity Development
Code my including the arbor in the overall height calculations of the
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building.
b) Issue: Height Verification
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(1) Facts
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(a)
The height was verified by the City's Building Inspector Mike Snock Refer
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to Attachments 5 and 6.
(b)
ECDC 16.20.030 states the development standards for RS-6 zoning. The
maximum height is 25 feet,
(c)
The maximum height is 25 feet from die average original grade. ne
average original grade as demonstrated by the applicant is 265.75 feet.
Therefore, the maximum elevation is 290.75. The actual elevation is
290.726.
AP-2001-135SR.doe/Octoba 11,20DI /SUifrRqmft
Mun=,Pmton&KanrA=11
File No. AP-2001-135
Page 6 of 7
(2) Conclusion
(a) The residence as built is 24.976 feet above the average grade.
(b) The residence meets the CitY's 11tight requirecumts-
e) issue: Compatibility with Neighborhood
(1) Facts
(a) Neither the Edmonds Community Development Code nor the CiVs Urban
Design Guidelines require design review for single-fundy residences.
(b) The building permit was reviewed by Planning staffin ensure compatit
with the bulk standards for the RS-6 zone. Refer to Attachment 7.
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�2) Conclusion
(a) 'Me applicant has complied with city requirements.
M. RECONSIDERATION AND APPEALS
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ne following is a summary of the deadlines ai ad procedures for filing reconsideratiods and appeals. AnY
Departmorit
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person wishing to file or respond to a recommendation or appeal should contact the Planning
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for jurther procedural information.
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A. Request for Reconsideration
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Section 20.100.010.G allows forthi, Hearing Examiner to recousiderhis decision or
recommendation ifa written request is filed within ten (10) working days ofthe date ofthe initial
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decision by any person who attends the public hearing and signs the attendance register and/or
interest in a tract of land which is the
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presents testimony a by any person holding an owne rsbip
subject ofsuch decision or recommendation. Thereconsideration, request must cite specific
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references to the findings and/or the criteria contained in the ordinance a governing the type of
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application being reviewed.
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B. Appeals
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According to ECDC 20.105.030.D the decision ofthe hearing examiner on appeal ofa staff
decision is final and cannot be appealed to City Council.
IV. APPENDICES
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Attachments I through 9:
I . Vicinity and Zoning Map
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2. Letter OfAPPeal
3. Site Plan
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4. Elevations
5, Building Inspector Comments dated 10/04/01
6. Height Check Verification Form
7. Building Permit
8. Letters from Appellants dated 6/11/01
9. Photos provided by Appellants
AP-2001-135SMdw October 11, 20DI St&ff R�Port
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Attachment I
File No. AP-2001-135
RE&VEID
AUG 3 0 2001
August 28,2001
PERMIT
City of Edmonds
Director of Community Services
1215' Avenuc N.
Edmonds WA 98020
Re: Review of Approved Permit - Appeal of Height Calculation
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Atkinson Single Family Residence
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@ 612 View Place South, Edmonds
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Permit No. 200731
DearDirector:
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The three undersigned neighbors appeal the height calculation and the actual "as built7height of
is brought to ECDC 20.100.040 for the
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the above referenced residence. This appeal pursuant
following reasons: (1) the requirements of the city code of Edmonds are not being met; (2) the
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conditions of the permit are not being met; and (3) the house as built is a nuisance.
First issue: Requirements of the City Code
pursuant to Edmonds Community Development Code CIECDC) 21.40.030, the height of a
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building shall be determined by the average level, which is based upon "the four comers of the
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smallest rectangle which will enclose all of the building!. The rectangle used to calculate the
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height of the building for the above-refereiiced residence was not the smallest rectangle.
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The rectangle as set forth in the revised site plan includes a trellis and arbor, which is adjacent to
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a side of the building. Pursuant to ECDC 17.30.0351, an arbor is a separate or freestanding
structure that has a lattice roof. A lattice roof is a predominantly open framework ofwood,
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which is des igned to pennit the free flow of light and air through the framework. Trellises and
2,
arbors are defined in terms of fences and hedges, and in fact, subject to the height limitations of
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fences. permits me required to be obtained under the same circumstances.as a fence.
4,
Clearly, an arbor should be treated as a fence, not as a building. As a fence type structure, a
trellis or arbor should not be included for the purpo ses of establishing the smallest rectangle in
the height calculations.
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use of the trellis/arbor in the present height calculation rectangle was improper and a violation of
ECDC 24.40.030. The height c alculation should be recalculated with the smallest rectangle
enclosing the building and the height of the house adjusted accordingly.
ATTACHMENT 2,
Second Issue: Condition of Permit
We believe the height check verification improperly measured the height of the house and the
house, as constructed, exceeds.the maximum allowable height, The height check verification
needs to be performed in a proper manner using the correct reference point.
if the properly performed height verification reveals the residence exceeds the maximum height,
the height of the house should be adjusted accordingly.
Third Issue: Nuisance
The house as constructed is not consistent with the surrounding neighborhood characteristics. It
drastically exceeds the size, bulk, and height of the surrounding homes and unreasonably
interferes with the neighbors' views, light and air. The excessive size of the home unreasonably
interferes with the neighbors' use and enjoyment of their property and depreciates the value of
the neighbors' property.
The City has permitted the nuisance and must abate the same or compensate the neighbors for
their damages.
Conclusion
As set forth above, the requirements of the ECDC are not being met and the conditions of the
permit are not being complied with. Moreover, the home is extremely out of proportion to the
characteristics of the neighborhood and constitutes a nuisance. The Director of Community
Services ahould insure the ECDC and the terms of the permit are complied with, adjust the
height of the house accordingly, abate the nuisance and/or compensate the neighbors for the loss
of use and enjoyment of their property and the loss of property value.
Sincerely,
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Frans Munson �HuPreston T
Sharon Kammer=U (J
Betty Mpfison Pr -
Munson Residence �ae �Re Kammerzell Reside -nee
612 Ninth Avenue South 618 Ninth Avenue South 608 Ninth Avenue South
Edmonds WA 98020 Edmonds WA 98020 Edmonds WA 98020
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ATTACHMENT 4
IS AVAILABLE IN
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FILE NO. AP -2001-135
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AT THE CITY OF, EDMONDS
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PLANNING DIVISION
2, 1
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121 —5 AVE N
2NDFLOOR
MEMORANDUM
Date: October4,2001
TO: Kathleen Taylor, Planner
From: Michael Snook, Building Inspector yvNS,
Height Verification Procedure
Subject:
Atkinson Single Family Residence
Permit #200731
Height verification for the subject structure was conducted On July 25, 2001 and was
information and datum point on the plot plan approved
based on the height calculation
erence to measure
5/24/01 by the Planning Division. A transit was used as a point of ref
the height of the structure above the datum point elevation. The datum point was an
ated in the culdesac bulb of View Place
existing manhole cover (elevation 255.9') loc
South. The leveled transit was used to determine the distance from the top of the
manhole cover to a point on the house from which the ridge measurement could be taken.
This measurement was 11.526 feet. A measurement was then taken from the point on the
house to the top of the ridge. This measurement was 23.30 fseL 11.526 + 23.30
34.826. 34.826 was added to the datum elevation of 255.90, for an actual ridge elevation
of 290.726 feet. Per the height calculations shown on the approved site plan, this
elevation is less that the maximum allowed height elevation of 290.75 feet.
City of EdMondS ca Planning Division
AT
.1-%,TACHMENT 5
HEIGHT CHECK VERIFICATION FORLA
MAXIMUM ELEVATION ALLOWED
ACTUAL RIDGE ELEVATIO
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SECOND FLOOR PLATE ELEVAf&
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5.
714
PREPARED 6
Name Tme D09
DATUM POINT ELEVATION VERIFIED SYCITY BUILDING INSPECTO tMl
LiMm Mine Date
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618 Ninth Avenue South
Edmonds, WA 98020
June 11, 2001
Mr. Jason Tourtellot-Code Enforcement Inspector
'ion; Cityof Edmonds
Development Services Dept., Bldg. Divis
121 - 5th Avenue North
Edmonds, WA 98020
Dear Mr. Tourtellot
We appeal,to you -for your assistance regarding our financial, per-
sonal, and legal concerns as to the house being rebuilt.at 621 View
Place South in Edmonds, which seriously devalues the property values
of at least three homeowners by an estimate of up to $150,000 each.
In.eddition to the financial loss, the -excessive height of this home
des roys the awe and love that we have had for our homes,'their
views and atmosphere. We feel that the height is totally unnecessary
for the owner's full views--their-third story ceiling is 12' 6".
Since the original plans violated your guidelines" we appeal to You
to insist ou.corrected, honest plans, and full verification that
they meet all your requirements, including the smallest rectangle
and measurements from original undisturbed soil.
Perhaps the enclosed photos which you requested, showing the original
ground level, will be of assistance.
this very important matter.
Thank you for your assistance in
Sincerely
Frans, Betty Munson om & Sh ron Kamme mall
618 Ninth h 612 Ninth.Avenue South 608 Ninth Avenue South
Edmonds, WA 98020 Edmonds, WA 98020
Edmonds, WA 98020
Copy.� to Mayor Gary -Haakenson
ATTACHMENT 81
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FINAL..PROJECT APPROVAL FORM
TO:
DATE-44k:g
MEMO TO: pERmrr COORDINATOR, BUILDING DIVISION
FROM: FIRE DEPARTMENT DATE—
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�W��ENGINEERING DIVISION DATE—ZlOY4 4
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PLANNING DIVISION DATE-
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PROJECT AM
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SITE ADDRESS C
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INSPECTED_t, C
PERMIT 06QIZffZ_ADB -4K
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DESCRIPTION OF WORK TO BE INSP
A I field inspection was conducted to determine nual compliance with approved plans. Final approval
denotes that there are no objections from the above signed Department to the release of
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UqANCE BONDS and the granting of
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GRANT FINAL PROJE CT APPROVAL 0
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GRANT PROJECT APPROVAL WITH CONDITIONS NOTED X
IONS given to owner/contractor by inspector z
a copy of CONDIT
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FAILED FINAL INSPECTION - OUTSTANDING ISSUES 0
a Copy of CORRECTION NOTICE given to Owner/cOntractor by inspector M
2.
3.
RE -INSPECTED OUTSTANDING ISSUES GRANT FINAL PROJECT APPROVAL
--- -------- :--sign
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ocaprvi.doc.l:temp:bldg:fomIS10/01
RECORD OF INSPECTIONS
INSPECTOR DATE APPROVED
SETBACKS
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FOUNDATION:
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Footing ...................
Wall ..........................
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Pier/Porch ...........
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Iletaining Wall ...........
Slab Insulation ..........
PLUMBING:
Underground
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Rough -in .............
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Commercial Final
HEATING:
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'Gas Test
Gas Piping
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Equipment .................
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Commercial Final
OR In
EXTER OR SHEATHING
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MISCELLANEOUS ..........
FINAL APPROVAL FOR
OCCUPANCY ..................
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CITY OF EDMONDS_
CONSTRUCTION PERMIT APPLICATION
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MAILING ADDRESS
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PROPERTY TAX ACCOUNT PARCEL NO.
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DESCRIBE WORK TO BE DONE
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THIS PERMIT AUTHORIZES ONLY THE WORK NOTED IRSUP1 MITCOVERSWO11T
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ONLY. A C6N;T C�
BE DONE ON PRIVATE PROPERTY ON ON THE PUBLIC
E
DOM MN (CURBS, SIDEWALKS. DI TC.) WILL REDD,
M SEPAR-1--
PERMIT APPLICATION
160 DAYS
ERIOT LIMIT. 1 YEAR - PROVIDED WOR S STARTED WITHIN 180 DAYS
SEE BACK OF PINK PERMIT FOR MORE INFORMATION
'A PLICANT�,OAN.51H LITIF HIS 08 HER SPOUSE. HEIRS. ASSIGNS AND SUCCESORS
RE�� HARMLESS THE CITY 0
ININTPRES , . INDEMNIFY, DEFEND AN. HOLD
2 EDMONDS. WA HINGTON. ITS 0,,TC�,AL,, EMPLOYEES NO AGENTS IF.. ANY AND
R'SA
""A 'ERNATURE'A IN..,
ALLCLAIMSFOR DAMAGES OF RECTLYOR INDIRECTLY
x FROM THE ISSUANCE OF T PERMIT., ISSUANCE OF THIS PERMIT SHALL NOT B
9 WAIV
11-1 1 DEEMEOTOMODIFY� E HIR REDUCE ANY REQUIREMENT OF ANY CITY ORDINANC
�[PEFI TEXPIRES
USE PERMIT
ZONE $124.,-(
NUMBER
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ADDRESS t_ I,lcllj VIA/C jUtjj.
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W ..... A_
EXISTING X . FAOPOSED�
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--� F— 0
REOUIREDDEDICATION_ FT' —
METER SIZE
I LIKE
PRY REQUIRED
YES)�r NO 0
-v
REMARKS
OWNERICONTRACTOR RESPONSIBLE FOR EROSION CONTROUDRAINAGE
TV Tb=,�C. T�j OAt-
ENGINEERING
FIRE REVIEWED By
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VARIANCE OR CU NOA!=,%4'l IPE TO ND
RE POSTED
YES(��O
HEIGHT
COMPLETE EXEMPT
SIGN AREA
ALLOWED PROPOSED
ALLOWED, PROPOSE
j
'
LOT COVERAGE
S C
AEG-UtRED SETBACKS (FT)
PROPOSED SET BA CKS (FT)
ALLOWED PROPOSED
FRONT SIDE BEAR
FRONT URSIDE REAR I
7�5
, JC ,, � -15-
PARKING
LOT
AREA 11LAIMNI REVIEWED BY f BAB
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I
I PROVIDED
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RE MARKS
CHECKED 8
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TYPE F CONST=tON
V
I CODE OCCUPANT
GROUP
SPECIAL INSPECTOR
A A I OCCUPANT
REQUIRED 0 YES
LOAF,
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0 IRESS INSPECTIONS PER U13C 1081FINAL INSPECTION REO'D
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VALUATION
PLAN CHECK FEE
BUILDING
9`13
PLUMBING ��
1
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MECHANICAL
GRADINGIFILL
STATE SURCHARGE
ENG.;REVIEW FEES
-ENO. INSPECTION FEE
F LANDSCAPING
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INSPECTION FEE
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RECEtPT
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TOTALAMOUNTOUE
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I HEREBY ACKNOWLEDGE THAT; HAVTE,�IIE.ADWTHI�,IAPPLI.CEATIIU)LI�; THAT THE INFORMATION
APPLICATION AL
GIVEN JSCORRECT� AND THAT A. , NEL..T B AUTH.RZECAlENT.1
THE OWNER, I AGREE TO COMPLY WITH CITY AND STATE LAWS REGULATING CONSTRUC-
CALL
T "' -M a p -
B �, I d 0 IpI PC i" 111 t' I,
HORIZED THEREBY. NO PERSON WILL BF, EMPLOYED
T'ON; AND IN DOING THE WORK A OUDE OF THE T F A FOR
IN VIOLATION OF THE LABOR C lNGTON RELATING TO
2,
INSPECTION p,cI, ... I,dgld —pam ovided.
DAT:
WORKMEN'S COMP!JSATION INSURA
OFF�ICI LS SIGNATURE
I NE OR AGENT
DATE SIGNED
(425)
ru,
771-0220
IIEL�As—1 DATE
ATTENTION
EXT 333
IT 16 UNLAWFUL TO USE OR OCCUPY A BUILDING OR STRUCTURE UNTIL
771-0221
S -
A FINAL INSPECTION HA BEEN MADE AND APPROVAL OR - A CERTIFI
LED SECTION 109
F%
YELLOW NSPECTOR
ORIGINAL FILE G. ASSESSOR
PINK, OWNER GOL
CATE OF OCCUPANCY HAS BEEN GRANTM
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