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FOR OFFICE USE ONLY: USE ZONE:
ZONING ORDINANCE REQUIREMENT: YVN\ -Ir
Release/Hold HarmlessAgreement
The undersigned applicant, his heirs and assigns, in consideration for
the City processing the application agrees to release, indemnify, defend and
hold the City of Edmonds harmless from any and all damages and/or.claims for
damages, including reasonable attorneys' fees, arising from any action
or inaction is based in whole or in part upon false, misleading or incompletE
information furnished by the applicant, his agents or employees.
Permission to Enter Subject Property
The undersigned applicant grants his, her or its permission for Dublic
officials and the staff of the City of Edmonds to enter the subject property
for the purpose of inspection and posting attenda
,T,)t to.,,th��__gplication.
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. . . . . . . . . .
DECLARATIONS OF APPLICANT
Please answer all questions
What are the
physical characteristics, (i e
topography,
s,h ap e
of lot, etc.)
which -create a hardship for you in regard
to
development of your property?
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2. How does your property differ from other property in the same
vicinity?
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3. Will this variance be detrimental to the public or damaging to
other property or improvements in the vicinity?
k�,
4.CI',.,What
hardships will result to
you if the
variance is not granted?
Ci�,,Will
these hardships have been caused by
your own action?,
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5. Can you make reasonable use of your property without the variance?
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777
EXHIBIT'l
'STAFF REPORT TO HEARING. EXAMINER
V
FILE. #V-8-81
HEARING DATE: JUN E 4, 1981
I.
REQUESTED ACTION:
from the required height limit of 25 feet.
.Variance
S ecifically, to allow the parapet walls on the rear portion -,of the
p
wa.rohp�o �e
to extend 2.6" above the permitted 'hei,ght limit.
II.
OWNER/APPLICANT:
Robert Rautenberg
2235 Fairview Avenue East
#16
Seattle, WA 98102
III
LEGAL DESCRIPTION:
See Exhibit 2.
IV.
STAFF FINDINGS AND CONCLUSIONS:
A. Description of Subject:Property,and Surrounding Area
The subject property is 128.99' X 302.49''(39,018.square,feet). The site
slopes generally in an south/southeast direction at,an approximate 5%
9 rade. It is undeveloped.
Surrounding development is a mixture of commercial to,the''north and
west,
single family to the east and multiple family to the south.
B. Official Street Map 'Proposed Existing
West 76th Avenue West 60' 60'
C. Related Actions
On October 15., 1980, the Board of Adjustment granted the applicant a
Conditional Use Permit -for a distribution warehouse on this property
(CU-55-80).
The Architectural Design Board, on�May 6, 1981- approved the design
and,
layout of this proposed facility (ADB-20 81).
D . Conformance to Chapter 20.85.010
1 . Special Circumstances
One corner of the structure is located in the lowest.poi.nt in the�
lot. Technically, the building meets the height requirements,
however, the Uniform Building Code requires parapet walls along
the,
property line.
-1 ;7
7 'T, og". W,
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Exhibit
I/Fi I e #V-8-81
Page 2
2.
Special.Privilege
The granting ot this vartance wi I I not, result i n the granting'
of special privil ege.
3.
Comprehensive Plan
As p roposed, the gran ting of this variance
woul d 9 enerally, be,
consistent with the purposes of the
Comprehensive Plan re garding,,,.
commercial development.
4.
Zoning Ordinance
The proposed use of the property is
consistent wi th the pui -poses
outlined in Chapter 16.40 and 16.50.
The granting of the requested
variances will be consistent with those
purposes.
5.
Not.Detrimental
The granting of this variance should
not result in a detrimental it
impact on adjacent properties or improvements. In fact, the
parapet walls are required for fire
protection.
6.
Minimum Variance
This -is the minimum variance to make reasonable use of. the
property.
V. STAFF RECOMMENDATION
It
is the recommendation that V-8-81 be
approved in,:that it is generally
in
conformance with Chapter 20.85.010.
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IN
Findings of the Hearing Examiner
V-81-8
Page 2
After due consideration of the evidence presented by the Appl,ic4' nt"
evidence elicited during the public hearing; and as a, result of.'the_;.:,..
personal inspection of the subject property by t h, e . H e a. r.'i n, , 9 ,
Examiner, the following findings of fact and conclusions constitut el'.
the basis of the decision of the Hearing Examiner.
FINDINGS OF FACT
1. The Applicant has requested approval of a variance from the.
required height limit of 25 feet in a BC zone in the City of
Edmonds,, WA. The variance request is for property located ati
22625 76th Ave. West, Edmonds,, WA,, and is more particularly
described as set forth above.
2. This specifi c variance request is for a variance in order to
allow parapet walls on the rear portion of a warehouse to
extend two feet six inches above the permitted height limit.
3. The zoning for the above described land is commercial business
(BC). This designation is established in the Edmonds
Community Development Code.
4. The Comprehensive Plan designation for the above described
property is commercial development.
5. The Applicant is donstructing a distribution warehouse on the
subject property. This construcstion was done pursuant to a,
conditional use permit that was obtained by the Applicant for
the property. The date of the conditional use permit was
October 15, 1980.
6. In order to meet the uniform building code requirements of
parapet walls along any construction on property lines it is
necessary for the Applicant to obtain a variance from the
height limit. The variance from the height limit of 25 feet
would apply only to the parapet wall construction of the
warehouse.
7. When the Applicant originally obtained the conditional use
permit to construct the warehouse on the subject property he
did so under the provisions of the old zoning code of the City
of Edmonds. Under the old zoning code there would have been
no need to acquire a variance for the construction of the
parapet walls.
8. The architectural design board approved the design and layout
of the proposed facility on May 6, 1981.
9. The subject property is 128.99 feet x 302.49 feet for a total
square footage of 39,018 square feet. The site slopes
generally to the south-southeast direction at approximately a
5% grade and is undeveloped.
2
CONCLUSIONS
The application is for approval of a variance from the
required height limit of 25 feet for property located at 22625
76th Ave. West, Edmonds,, WA, and more particularly described
as set f orth above.
2.
The subject property is zoned commercial b usiness and has a
Comprehensive Plan designation of commercial development.
3.
A warehouse is being constructed on the subject property and
the requested variance f rom th'e height limit of 25feetis for
the parapet walls that are necessary for the construction of
this warehouse.
4.
Special circumstances do exist necessitating the granting
of the variance in that parapet walls are needed in order for
the construction to take place.
5.
The granting of the variance will not result in the granting
of special privilege in that the Applicant is constructing,the,
parapet walls in order to meet building codes.
6.
The proposed variance is consistent with the policies outlined
in the Comprehensive Policy Map of the City of Edmonds.
7.
The proposed variance is consistent with the purposes outlined
in chapter 16.40 and 16.50 of the Edmonds' Zoning Code.
3
9. The proposea variance is tne miniinuitt nfet�ut--u UU 1L1CLM%=
,use of the property.
10. The Planning Staff has recommended approval of the variance'
request.
11. The variance application meets all the variance requirements
and conditions of section 20.85.010 of the City of Edm.ond6,.I.,�L
community Development Guide.
DECISION
Using the above findings and conclusions as the basis 0� the,
decision, the Hearing Examiner hereby orders that the variance
requested by Robert Rautenberg for an increase of the height limit
of 25 feet to 27 feet 6 inches for property located at 22625 76th
Ave. West, Edmonds, WAr and more particularly described as set
forth in the introduction of this document, be granted. The
purpose of the variance is to allow parapet walls on the rear
portion of the warehouse to be built on the subject property to
extend two feet six inches above the required height limit of.25
feet.
This variance is granted pursuant to the authority granted the
Hearing Examiner of the City of Edmondsr WA. The authority is . set
forth in Section 20.100.010 B (2) of the Edmonds Community
Development Code.
ENTERED this day of June, 1981.
XOES M.—DRISCOLL
ring Examiner
NOTICE OF RIGHT TO APPEAL
Pursuant to Section 20.105, City of Edmodns Community Development
Code, written appeals alleging specific error of fact or other
grounds for appeal may be filed with the Community Development
Director of the City of Edmonds within 10 days after the date of
this decision. In this matter, any appeal must be received no
later than 5:00 p.m., on 94mye Zr 1981.
4
PROPERTY ADDRESS AND LOCATION
ZONE DISTRICT BC
22625 76TH AVENUE WEST
THE HEARING WILL BEGIN AT 7:30 P M., IN THE COUNCIL CHAMBERS
OF THE EDMONDS CIVIC CENTER, 250 FIFTH AVENUE NORTH.
IF YOU WISH TO COMMENT ON THIS PROPOSAL, YOU MAY COME TO THE HEARING AND SPEAK. YOU
MAY ALSO WRITE A LETTER STATING YOUR VIEWS WHICH WILL BE CONSIDERED AT THE HEARING.
PLEASE ADDRESS THE LETTER TO THE COMMUNITY DEVELOPMENT DEPARTMENT AND INCLUDE THE
ABOVE FILE NUMBER.
IF THE ITEM IS CONTINUED TO ANOTHER HEARING BECAUSE THE AGENDA IS NOT COMPLETED, OR
If r%
FURTHER INFORMATION IS NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED.
ONLY AT THE MEETING.
ADDITIONAL INFORMATION MAY BE OBTAINED AT THE COMMUNITY DEVELOPMENT DEPARTMENT,
505 BELL STREET, EDMONDS (PHONE 775-2525, EXT. AW�-,Xoy
THE REMOVAL, MUTILATION, DESTRUCTION, OR
IL NAOMI& CONCEALMENT OF THIS NOTICE BEFORE THE DATE
ELM ELM Ar OF THE HEARING IS A MISDEMEANOR PUNISHAB . LE
WAR"
BY FINE AND IMPRISONMENT.
THIS NOTICE MAY BE REMOVED AFTER 6-4-81