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20110920160800210.pdfREVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW BEFORE THE EDMONDS CITY COUNCIL Applicant: Richard Marin for File No.: R-92-69 a Rezone On September 1, 1992 the Edmonds City Council held a public hearing regarding the application of Richard Marin to rezone approximately .42 acres located at 18918 - 80th Avenue West from RS -12 to RS -8. The Planning Board had previously recommended approval of the application. Based upon the evidence produced at the Edmonds City Council hearing, the record and recommendation of the Planning Board the Edmonds City Council hereby denies the application based on the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. The application is to rezone approximately 18,304 square feet or .42 acres from single family residential - 12,000 square foot lot size (RS -12) to single family residential - 8,000 square foot lot size (RS -8). The site is located at 18918 - 80th Avenue West. 2. Neighboring development is residential. Properties to the east are predominately zoned RS -8. Properties immediately to the north and west are zoned RS -12. Two lots to the south of the site at the corner of Sierra Park are zoned RS -8. The subject site is a larger lot (16,000 square feet) developed pursuant to Jensen's addition. The lots to the south which have been rezoned to RS -8 front on 190th Street Southwest. Four other lots are 8,000 square feet in size but are zoned RS -12. They were annexed to the City in their current size. The subject lot is configured as a rectangle and subdivision of the site would necessarily be in a different format than the lots previously subdivided. 3. The RS -8 zoned lots to the east lie across 80th Avenue West. With the exception of the lots located immediately south of the subject site between the site and Sierra Park the rest of the neighborhood lying west of 80th Avenue is zoned to RS -12. 4. With the exception of the rezone of the two parcels immediately south of the subject site there has been no significant change in the neighborhood. 5. The applicant cited the need for the City to accept additional density under the Growth Management Act as a basis for the rezone. Witnesses appeared in opposition citing the necessity WSS28988.1X/0006.150.071 -1- to develop the lot as a stacked lot thereby placing residential properties closer to their homes on their sides than is typical of the neighborhood. 6. A Determination of Nonsignificance (DNS) was issued on April 22, 1972. CONCLUSIONS 1. ECDC 20.40.010 states that a minimum of the factors set forth in the ordinance must be considered in reviewing a rezone. 2. The Council finds that there has been no significant change in the neighborhood sufficient to justify a rezone of the property. 3. Currently 80th Avenue West provides a consistent line of demarcation between the RS -8 zoned property to the east and the RS -12 neighborhood consisting of lots in the 16,000 square foot range west of 80th Avenue West. 4. The Council finds that approval of this rezone would signify a change in the existing RS -12 neighborhood and lead to the eventual shift in use from larger to smaller lots thereby increasing traffic and other detrimental impacts of density. 5. Council further finds that while the City may address the issue of density pursuant to the Growth Management Act, to approve this rezone in advance of a plan to address the additional density, if any, to be assigned the City would be rearranging the existing neighborhood without a plan. Therefore the Council finds that the proposal is not consistent with the criteria established in ECDC Section 20.40.010 and therefore denies the rezone. DATED this 11th day of X '' , 1992. _ ay Laura Hall Attest: R11nda , - C lity Clerk WSS28988.1X/0006.150.071 -2-