2008-0743_HilliardWall-2nd.pdf
CITY OF EDMONDS
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121 5 Avenue North • Edmonds, WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us
DSD: PD
EVELOPMENT ERVICES EPARTMENTLANNINGIVISION
December 29, 2008
Steve Barnes
Cornerstone Architectural Group
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1904 3 Avenue – Suite 500
Seattle WA 98101
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RE: BLD-2008-0743 – Hilliard Retaining Wall @ 15515 75 Place West (RS-20 Zone)
Dear Applicant,
I have re-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. If you have any questions, please do not hesitate to contact me. I look forward to working with
you on this project.
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Please provide a written response to the items mentioned below…
1.Sent 09/24/2008 -- Height of Retaining Wall: For retaining wall permits, the Planning Division must
find that the portion of the retaining wall within the setback area (within the north 25’ of the
property) is under 3 feet in height as measured from the top of the wall to original grade. This is
determined by showing a section/profile of the wall at two–foot intervals and labeling the elevation at
the top of the wall as compared to the elevation of the original grade at each interval. The Planning
Division uses a different method to calculate height, which relates back to the definition of
“structure” and “structures” (>3’ in height as measured from original grade) are not permitted in
the setback area. Please submit a profile showing how the proposed retaining wall will be under
three feet in height (as measured from top of wall to original grade), and please mark on the site plan
the elevations of the wall in two foot intervals (only for that portion of the wall that is within the north
25’ setback so that this can clearly be determined).
If the wall is over three feet in height within the setback area then you have a few options, outlined
below. Please let me know which route you wish to take and I’ll be happy to elaborate further and
discuss the process and fees, if applicable. Unfortunately, the code does not allow for the
administrative approval of variances. It is clear that setbacks are measured from the location of
property lines to “structures.” Per the Hearing Examiner’s Decision, the lots were to either be
combined or a lot line adjustment would be required. Either way, there is much to consider, and we
always suggest owners talk with the County to see how their decisions could effect their property
taxes.
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Please redline your plans to reflect any changes – or, if you are submitting new plans, please submit three site plans (one must be reduced size)
and two sets of the changed pages of the plans. Please make all submittals to the Development Services Permit Coordinator (Marie Harrison)
All code citations can be found on the City of Edmonds website: www.ci.edmonds.wa.us.
Page 1 of 2
Moving forward, I see several options:
a.
Reduce the height of the wall within the northern setback area to remain under three feet as
measured from top of wall to original grade. This would mean that the wall would be stair-
stepped so that each segment is no higher than three feet above original grade. This is
probably the most common solution to the setback issue that I see with building permits. If
you choose to redesign, please revise the plans to make it very clear so we can see the height
in the setback area (show an elevation view of the wall in two-foot contours). Please also
contact Engineering and Building (425.771.0220) to see if redesigning the wall impacts their
codes.
b.
Apply for and obtain (another) “lot line adjustment” between the northern and southern
parcel in order to jog the lot line around your proposal to meet the required setbacks. Refer
to handout #P47, attached. City staff can review and process lot line adjustment applications
fairly quick, comparatively. A survey is required with the application, and after approval, the
survey must be recorded – all prior to building permit issuance.
c.
Apply for and obtain a “lot combination” in order for the Planning Division to consider the
interior property line dissolved. Unlike a lot line adjustment, a 300’ mailing list is required
for neighborhood notice/comment, but the application need not be made by a professional
land surveyor. Documents must be submitted to the County to ensure that they’re taxing the
land appropriately.
d.
Contact the County Assessor’s office, Segregation Department (425.388.3525), and ask them
about combining both parcels into one large parcels thus dissolving the interior property line.
Provide us with proof that the parcels have been combined into one large lot and that the
interior property line has been dissolved. I’ve attached a form from their website that should
provide you with some helpful information.
e.
Apply for and obtain (another) variance. This route is not recommended, because it will be
difficult to create arguments for all six variance criteria (specifically, the “special privilege”
criteria and the fact that other alternatives exist). Also, the hearing process takes 3-4 months
with no guarantee of approval. I’ve attached handout #P86 that outlines the process and
required findings.
Again, I regret to inform you that we cannot administratively approve variances, but I hope the above
alternatives are helpful as you come to a decision on how to proceed.
Sincerely,
Gina Coccia
Associate Planner
425.771.0220, x 1778
coccia@ci.edmonds.wa.us
cc: BLD-2008-0743
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#P47
city of edmonds
development information
LOT LINE ADJUSTMENT
This summary outlines the procedure for filing a lot line adjustment application in the City of
Edmonds. All lot line adjustments are subject to the Edmonds Community Development Code
(ECDC) Section 20.75.050 and thereby exempt from standard subdivision review. All proposed
lot line adjustments are to be submitted to the Planning Division for approval.
DEFINITION:
A lot line adjustment is an alteration (or elimination) of lot lines between platted or
unplatted lots or both, which does not create any additional lot, tract, parcel, site or division.
FEES: Refer to fee schedule
SUBMITTAL REQUIREMENTS:
1. Completed application form with signatures of property owners.
2. Four copies of dimensioned plans (if larger than 8 ½” x 14”, a reduced copy is also
requested) prepared and stamped by a professional land surveyor registered in the state of
Washington. Information on the plans shall include the following:
A. LEGAL DESCRIPTIONS OF THE EXISTING LOTS AND PROPOSED LOT LINE
ADJUSTMENT(S). IF THE DRAWING IS TO BE RECORDED ON AN 18” X 24”
SHEET, THE NEW LEGALS MAY BE SHOWN IN DISTANCE AND BEARING
FORM, PURSUANT TO WAC 332-130-030 AND 050.
b. The location of all existing structures on the subject parcel(s) including
dimensioned setback information from all existing and proposed lot lines and
ingress/egress easements.
c. Locations of all existing ingress/egress and utility easements.
d. Gross lot area of the original parcels and the proposed parcels (gross lot area does
not include any lot area devoted to vehicular ingress/egress easements).
e. The existing zoning of the subject parcels(s).
f. Location of all existing driveways of the subject parcel(s); and
g. The lot lines of adjoining properties for a distance of at least 50 feet.
3. A title company certification for all properties involved, which is not more than 30 calendar days old
containing:
a. A legal description of the total parcels(s) sought to be adjusted.
b. A list of those individuals, corporations, or other entities holding an ownership
interest in the parcels(s).
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#P47
c. Any easements or restrictions affecting the property(ies) with a description,
purpose and reference by auditor’s file number and/or recording number.
d. Any encumbrances on the property;
REVIEW CRITERIA
Lot line adjustments are reviewed to confirm the proposal does not:
Create a new lot, tract, parcel, site or division.
Reduce the setbacks of existing structures below the minimum required by code or make
existing nonconforming setbacks of existing structures more nonconforming than before.
Reduce the lot width or lot size below the minimum required for the applicable zone.
Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel,
site or division.
Would otherwise result in a lot that is in violation of any requirements of the ECDC.
Lot line adjustment applications shall expire one year after a complete application has been filed
with the city. An extension up to an additional year may be granted by the Planning Manager or
designee upon a showing by the applicant of reasonable cause.
Appeals of lot line adjustment decisions shall be reviewable as staff decisions under ECDC
Section 20.105.010(a) (1).
This information should not be used as a substitute for City codes and
Note:
regulations. You should review all the details of your project with the Planning
Division at 121 Fifth Avenue North (771-0220) between 8:00 a.m. - 4:30 p.m.
Monday through Tuesday and Thursday through Friday
.
7/17/2008
page 2
: Snohomish County Assessor
To
Segregation Department
3rd Floor, Admin East
Everett, WA 98201
Attn: Segregation Dept.
Phone #425-388-3525
:
Please print
From:___________________________
___________________________
___________________________
Daytime phone #_____________________
Contact Person_______________________
ContactÔs Phone #____________________
Tax Account(s) #________________________
_________________________
*
FOR AREAS IN BOLD TYPE & UNDERLINED, PLEASE CIRCLE ONE ONLY
Is there a lending institute with an interest in this property?
Yes/No
If yes, you will need to provide evidence of their approval of this request.
I am the (if other please explain)___________________________
owner/other
of the above mentioned tax parcels and I am requesting a of
segregation/combination/correction
the legal description of the above tax parcel(s), per the attached
Survey/Short Plat/Boundary Line
Adjustment/Deed/*Other.
There are located on this property. If there are buildings, please show
buildings/no buildings
where they are located by attaching a map or sketch.
*Please provide copies of the documentation supporting your request if the document is
un-recorded ie, lot status, un-recorded short plat, judgment, etc.
Additional information that may be helpful in complying with your request:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Date_______________Signature_____________________________Request taken by______________
Please note: property taxes must be paid in full for the year in which the property is being
segregated per RCW 84.56.340
#P86
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.
Criteria
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.
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.
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#P86
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
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unless otherwise noted, in the Council Chambers, Public Safety Complex, 250 5 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.
This information should not be used as a substitute for City codes and regulations. You
Note:
should review all the details of your project with the Planning Division at 121 Fifth Avenue
North (771-0220) between 8:00 a.m. - 4:30 p.m. Monday through Tuesday and Thursday
through Friday
.
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#P86
VARIANCE
APPLICANT DECLARATIONS
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In order for the Hearing Examiner to approve a variance request, of the following criteria must
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be met. It is the applicant’s responsibility to show that 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.
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