2006-0707_76Sign.pdfOV ED -Afo CITY OF EDMONDS
121 5h Avenue North - Edmonds, WA 98020
Phone: 425.771.0220 - Fax: 425.771.0221 - Web: www.ci.edmonds.wa.us
I so� DEVELOPMENT SERVICEs DEPARTMENT: PLANNING - ENGINEERING - BUILDING
Plan Check #: I BLD-2006-0707 (First Review)
Project Name: Conoco Philips Corporation — Sign at 76/Circle K Stati Oil
Project Address: 22625 Highway 99 (CG Zone)
June 22, 2006
Steven Thomson
Insignia Sign Inc.
PO Box 2849
Renton WA 98056
Phone: 425.917.2109 / Fax: 425.917.0153
Dear Mr. Thomson,
I have reviewed the above building permit application for the Planning Division and it was found that the following
information, corrections, or clarifications will need to be addressed before review can continue:
iN oncontorming 6ign: i nis site is in tne tienerai. uommerciat
(CG) zone, which means that structures must be setback a
minimum distance of 15 feet from the street property line (this site
has two street setbacks, one along Highway 99 and one along 76th G
Avenue West). The existing pole structure (because it is over three
feet in height and is considered a structure) is an existing non-
conforming sign. The code states that nonconforming signs cannot Site
be altered unless they are brought into compliance (which means
moving the sign at least 15 feet from the street property line).
R e
Please review Edmonds Community Development Code Chapter B
17.40.040 on Nonconforming Signs (attached) and let me know if
you have any questions. Basically, the sign cannot be altered
(even though I know you are proposing to make it smaller) without F_4� RR -A
bringing it into compliance with setbacks — unless a variance is
approved. I have attached information on the variance process. Please note, though, that the variance is not a
guaranteed approval — the applicant has the burden of proving that all of the variance criteria are met. Staff
makes a recommendation to the Hearing Examiner, who makes the final determination on the proposal. We
usually say that the whole process takes 3-4 months due to all of the review, posting, and noticing requirements.
I would be happy to further discuss this process and anything else with you.
Thank you for your cooperation. Please redline plans or submit three sets of revised plans/documents (affected
sheets only) with a written response to each of the above items. Please make all submittals to the Development
Services Permit Coordinator (Theresa Umbaugh) Monday through Friday, 9ain to noon or Ipm to 4pm. If you have
any questions, please do not hesitate to contact me at (425) 771-0220, extension 1778. 1 look forward to working
with you on this project.
Sincerely,
CITY OF EDMONDS
Gina Coccia, Planner
Page I of 2
Edmonds Community Development Code
Chapter 17.40.040 Nonconforming signs.
Nonconforming signs are injurious to the health, safety and welfare and destructive of the aesthetic and
environmental living conditions which this zoning ordinance is intended to preserve and enhance. Nonconforming
signs shall be brought into compliance with the provisions of Chapter 20.60 ECDC under the following terms and
conditions:
A. No nonconforming sign shall be expanded, extended, rebuilt, reconstructed or altered in any way, except as
otherwise provided in ECDC 17.40.050; provided, however that the following acts are specifically permitted and
shall not in and of themselves require conformance with the provisions of Chapter 20.60 ECDC:
1. Normal maintenance of the sign;
2. A change in the name of the business designated on the sign; or
3. Any action necessary to preserve the public safety in the event of damage to the sign brought about by an accident
or an act of God.
B. Any nonconforming sign shall be brought into immediate compliance with the code in the event that:
1. An act prohibited by the provisions of subsection A of this section occurs;
2. The building to which the nonconforming sign or signs is appurtenant is remodeled or receives an addition equal
to 25 percent of the building's value prior to the addition or remodeling;
3. A change in the use of the building to which the sign is appurtenant or the land upon which the sign is located
occurs; or
4. An application for the erection of a new sign or signs is made by the owner or lessee of the business premises to
which the sign is appurtenant.
C. None of the foregoing provisions relating to permitted maintenance, name change or preservation of the sign
under paragraph A of this section shall be construed so as to permit the continuation or preservation of any
nonconforming off -premises sign. [Ord. 3353 § 10, 2001; Ord. 2429, 1984].
Page 2 of 2
city of edmonds
development information
VARIANCE
A variance is a method by which citizens are granted modifications from the strict application of
specific provisions of Chapters 16 and 17, and other sections where specifically stated in the
Community Development Code due to a hardship beyond the control of the applicant. Variances
do not permit property to be used in a manner other than provided in the Community Development
Code. This process is intended to review situations where uniform zoning application would unduly
burden one property more than the other properties in the area.
C riteria
The Hearing Examiner may approve variances when literal and strict interpretation of the Zoning
Ordinance would cause undue or unnecessary hardship. A hardship is not a problem that you
create yourself. For instance, if you build your house in such a manner that you cannot expand the
living room without encroaching on a required side yard, you have created that situation. Hardship
speaks to whether you would be deprived of property rights common to the general vicinity and
zone.
NO VARIANCE MAY BE APPROVED UNLESS ALL OF THE FOLLOWING FINDINGS CAN BE
MADE:
1. Special Circumstances. That, because of special circumstances relating to the property, the
strict enforcement of the zoning ordinance would deprive the owner of use rights and
privileges permitted to other properties in the vicinity with the same zoning.
Special circumstances include the size, shape, topography, location or surroundings of the
property, public necessity as to public structures and uses and environmental factors such
as vegetation, streams, ponds and wildlife habitats.
Special circumstances should not be predicated upon any factor personal to the owner such
as age or disability, extra expense which may be necessary to comply with the zoning
ordinance, the ability to secure a scenic view, the ability to make more profitable use of the
property, nor any factor resulting from the action of the owner or any past owner of the same
property.
2. Special Privilege. That the approval of the variance would not be a grant of special privilege
to the property in comparison with the limitations upon other properties in the vicinity with the
same zoning.
3. Comprehensive Plan. That the approval of the variance will be consistent with the
Comprehensive Plan.
4. Zoning Ordinance. That the approval of the variance will be consistent with the purposes of
the zoning ordinance and the zone district in which the property is located.
Pagel of3 Variance.doc
5. Not Detrimental. That the variance as approved or conditionally approved will not be
significantly detrimental to the public health, safety and welfare or injurious to the property or
improvements in the vicinity and same zone.
6. Minimum Variance. That the approved variance is the minimum necessary to allow the
owner the rights enjoyed by other properties in the vicinity with the same zoning.
Application Procedure
1. Prepare and submit an application for a variance. The Planning Division has the forms and
will assist you with any additional information needed. Your application must include the
following�
a. Completed application form.
b. The names and addresses of owners as shown on the records of the Snohomish
County Assessor and street addresses of property within 300 feet of any point of the
subject property.
C. Filing Fee as required by Fee Sheet.
d. Written statement describing the specific requested variance and describing how the
proposed variance meets all of the criteria.
e. Critical Areas Checklist or previously issued Critical Areas Determination.
e. Depending on the nature of the variance requested, the Planning Division might
require additional information such as a site plan or building elevation. Building
elevations and site plan will be required in any case where a variance is requested for
a building or a portion of a building.
2. Public Hearing. You will be assigned and notified of a hearing date as soon as the
application is determined to be complete.
Hearing Examiner meetings are held at 3:00 p.m. on the first and third Thursdays of each
month unless otherwise noted, in the City Hall Meeting Room No. 304, 121 51h Ave. N.,
Edmonds, and are open to the public. You or your representative must appear at the
hearing so the Hearing Examiner can ask questions concerning your application. Should
you or your representative be unable to attend the meeting, or if you wish to withdraw your
application, please notify the Planning Division in writing at least four days before the
meeting.
3. Final Action. The Hearing Examiner issues a decision ten working days following the
conclusion of the hearing. This decision will be final unless a written appeal is filed with the
Planning Director within ten working days after the decision is rendered. Only those people
who are parties of record may file appeals. The appeal will be heard by the City Council.
4. Time Limit. The approved variance must be acted on by the owner within one year from the
date of approval or the variance will expire and be null and void, unless the owner files an
application for an extension of only one (1) year 30 days before the expiration date and the
City approves the application.
5. Location. A variance applies only to the property for which it has been approved and may
not be transferred to any other property.
Note: This information should not be used as a substitute for City Codes and regulations. You should
review all the details of your project with the Planning Division at 121 5th Avenue North (425-771-
0220) Monday through Friday 9:00 am — 12:00 pm and 1:00 — 4:00 pm.
Page 2 of 3 Variance.doc
VARIANCE
APPLICANT DECLARATIONS
In order for the Hearing Examiner to approve a variance request, all of the following
criteria must be met. It is the applicant's responsibility to show that all of the criteria are
satisfied. Therefore, the following questions have been created to assist the applicant in
providing applicable information.
It is important to make your answers clear and direct. Yes/no type answers are
discouraged. Please answer all questions on a separate sheet.
Please type or clearly print your answers.
1 How does the proposal meet the Special Circumstance Criteria? What special
circumstances such as lot size, shape, topography, stream location, wetland
location, or other unusual problems are causing an impact, which would require a
variance?
2. Explain why the proposal is not a Grant of Special Privilege. Is the proposal
something that is allowed to other property owners in the vicinity, but would be
disallowed on your property if the variance is denied?
3. Explain how the proposal is consistent with the Comprehensive Plan.
(Ask a Planner for the Comprehensive Plan Designation for your property.)
4. Explain how the proposal is consistent with the purposes of the Zoning Ordinance
and with the Zone district in which the property is located.
5. Explain how this proposal meets the criteria of Not Detrimental. Will the portion of
your proposal for which you seek a variance cause a loss of property value, scenic
view, or use of surrounding properties? Will the portion of the project for which you
seek a variance be physically injurious or harmful to any person on your property or
surrounding properties?
6. Explain how the proposed variance is the Minimum Variance needed to
accommodate the proposed project, or why there is no alternative other than a
variance in order to complete this project.
Page 3 of 3 Variance.doc