356 SUNSET AVE N.pdfFlLZ#
CITY OF EDMONDS DATE
FEE 40,oO
HEARING EXAMINER
RECT # R395
APPLICATION FOR VARIANCE APO'S
HEARING DATE:
APPLICANT James B. Phelps ADDRESS- ioili--- 12th Avenue N.
CITY & ZIP Edmon PHONE_
INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Co-owner
LOCATION OR ADDRESS OF PROPERTY 'v-,A Sunset Ave. N.
LEGAL DESCRIPTION OF PROPERTY See legal de 3cription attached hereto.
VARIANCE REQUESTED: That Parcel 1 of a pending short subdivisi
submitted herewith, be allowed to have a width of 56 feet whereas the applicable zoning
requirement prescribes a minimum width of 60 feet.
FOR OFFICE USE ONLY: USE ZONE:RS-6
ZONING ORDINANCE REQUIREMENT: That lots in an RS-6 zone have a minimu width of
An fppt
Release/Hold Harmless Agreement
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 d any action
or inaction is based in whole or in part upon false, mislea ing 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 Public
officials and the staff of the City of Edmonds to enter the subJect property
for the purpose of inspection and posting attendant t-0--this pplication.
S agnature o Applica t, Owner or
epresentative
A*
DECLARATIONS OF APPLICANT
Please answer all questions
1. What are the physical characteristics, (i.e. topography, shape
of lot, etc.) which create a hardship for you in regard to
development of your property?
See attached responses.
2. lJow does your property differ from other property in the same
vicinity?
See
3. Will this variance be detrimental to the public or damaging to
other property or improvements in the vicinity?
See attached responses.
will result to you if the variance is not granted?
4. What hardships
Will these hardships have been caused by your own action?
See attached responses.
5. Can you make reasonable use of your property without the variance?
See attached_respo----
VARIANCE CRITERIA
20,85,010 FINDINGS
No variance may be approved unless all of the findings in this section
can be made.
A, e t of the zoning
.reum ce - That, because of special circumstances
sta�- op s forcemen
erty he strict en
i,
ci al C to t �p
r �e at in e
or i =g
dn nce d d.pr e �hte owner of use rights and privileges
permitted to other properties in the vicinity with the same
zoning.
1. Special circumstances include the size, shape, topography,
location or surroundings of the property, public necessity as 30
of public structures and uses as set forth in Section 17.00.0
and environmental factors such as vegetation, streams, ponds and
wildlife habitats.
:2. Special circumstances should not be pr dicated upon any factor
e
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 factorresulting from the
action or any past owner of the same property.
B. S ecial Privil±�e. That the approval of the variance would not be
the vicinity with the same
a g anto i'Pecial privilege to the property in comparison with
the limitations upon other properties in
zoning.
C* g2 2n��ive Plan. That the approval of the variance will be
cog�
gh
tent gLa LLIC Comprehensive Plan,
al of the variance will be
D. jgq�& 2rdin—ce. That the approv
n ist.nr with thepurposes of the zoning ordinance and the zone
district in which the property is located.
E. Not Detrimental. That the variance as approved or conditionally
ipprove wl not be significantly detrimental to the public health,
ious to the property or improvements in
safety and welfare or injur
the viLnity and same zone,
F. Llinjmm Variance. That the approved variance is the minimum necessary
t5 T ow the owner the rights enjoyed by other properties in the
vicinity with the same zoning.
20.85.020 GENERAL REQUIREME
A. Review. The Hearing Examiner shall review variances as provided in
Tection 20.100.010.
B. A ls Any person may appeal a hearing examiner decision to the
q2eal
C 'v Co
City ouncil as provided in Chapter 20.105.
C. Time Limit. The approved variance must be acted on by the owner
within one year from the date of approval or the variance shall expire
and be null and void unless the owner files an applciation for an
extension of time beiore the expiration date and t I he city approves
the application.
D. Review of Extension�,A�llicbatijon. An application for an extension
Jewe
v t
of tim sha be reviewe by t e Community Development Director as
provided in Section 20.95.050.
E. Location. A variance applies only to the proverty for which it has
be-e—n approved and may not be transferred to any other property.
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jURGEN n*AU,ow°D.",L.S'
Lovell Sauerland & Associates, Inc.
March 27, 1981
LSA File No. 81-723
All that portion of Government Lot 1, Section 23,and of
�
Government Lot 2, Section 24, all in Township 27 North,
Range 3 East, N.M., described as follows: Beginning at a
oint on the Southeast Iimo of Front Street in the City
P� Edmonds, which point is 708 feet Northeasterly of the
o ' intersection of e �b Northeasterly lion of Edmonds Street,
Edmonds; thence Northerly along the South-
easterly the �1t� oz� id Front Street a distance of 56 feet;
eooterI� line o� said
Front et Southeasterly a t y t Street thence a� right angles e Northwesterly
distance'of 270 feet, more or less, to tb
line of 8eonod Street, as established byCity of Edmond
s
Ordinance No. 710; thence Southwesterly along said North-westerly line of said 8a000d Street a distance of 40 feet,
more or less, to the South line of a tract of land con-
veyed to Henry Strudwick Hedges and wife by deed recorded
in Volume 176 of Deeds, on page 588, under Auditor's File
d � Snohomish County; thence West along
0o, 236234, records o point distant 198 feat perpendicu-
larly South line toa t line of Front Street; thence
lurIY from the Southeast parallel to and distant 198 feat
Northeasterly on � line Para line o� Front Street
Southeasterly from the SoutheasterlyNorthwesterly e distance
a distance of 36,26 feet; thence
of 198 feet to the Point of Beginning.
Situated in Snohomish County, Washington.
23106'100T* W. EDMONDS, WASH. 98020 p*owsrrs:em
EXHIBIT 1
STAFF REPORT TO HEAR114G EXAMINER
FILE #v-5-81
HEARING DATE: MAY 21, 1981
Variance from the required lot width of 60' to 56' in an
RS-6 zone.
TI. APPLTCANT/OWNER-
James Phelps
1014 12th Avenue North
Edmonds, WA 98020
111. PROPERTY LOCATION:
356 Sunset.Avenue North
Edmonds, WA
IV. LEGAL DESCRIPTION:
See Exhibit 3)
V. STAFF FINDINGS_AND CONCLUSIO
A. DESCRIPTION OF THE SUBJECT PROPERTY AND
SURROUNDING AREA _ re feet). The
The proposed lot is 56' X 132' (7 392 squa
site slopes moderately to the wes� from 2nd Avenue North.
A single family resid . ence is located on the property
(proposed Lot 1). A garage is located to the rear on the
proposed Lot 2.
Surrounding development is all single family residential.
Across Sunset Avenue North is a park.
B. RELATED ACTIONS btained preliminary approval
On the applicant 0
of a short subdivision on the subject property conditioned
upon approval of a variance for lot width(File #S-6-81).
C. CONFORMANCE TO CHAPTER 20.85.0,
1. Special circumstances do exist in that this property
was created a long time ago and is irregularly shaped.
2. �P�ecial �PriHile e�
The existing house is non -conforming as to its north
sideyard setback. it is a reasonably sound structure.
Narrower lots are located on each side of this property.
Exhibit 1'/V-5-81
VI
rMIN
el",
The granting of this variance will not result in
granting of special privilege.
3. Comprehensive Plan
The comprehensive policy Plan map designates the
subject property as low density residential. As
proposed, this subdivision is consistent with the
policies outlined in Chapter 15.20.005.
4.
The granting of this variance would be consisten�
with the purposes of the Edmonds Zoning Code as
I --- 1A 10 000 and 16.20.000.
flu
outlined " "F
5. Not Detrimental e significantly
The granting of this variance should b
detrimental to the public health, safety and welfare
injurious to the property or improvements in the
vicinity.
6. Minimum Variance
This variance is the minimum needed to utilize the
property in a reasonable manner.
STAFF RECONMENDATION
d
it is the recommendation of the staff that V-5-81 be approve
in that it conforms with the criteria outlined in
Chapter 20.85.00.
4�k ol
AZ 0
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IL SCALIE:j
40 4u
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Qj 4T-
SHORT SUBDIVISION
ALAN W POR
THE ESTATE OF
1) MOR1215
85-174A 8 DONALD S. TUSON
9006* EDMONDS, WASI-41NG70N
EL E. McPHP-RSOW
MELVIN
ANDERGO
es.
& Associstsu. Inc-
L Lovell-asuorland
SUAVrfor�S DEVELOPMENT CONSLXTMTS PLANNERS
EDMONDS WA go= Pol* 775'sw
1114 23105 IWTH AVE
30HN �t I,.$
7 — -71 1
H0LM5EJZGJF.I JTT 1'�;WL 13-IZ-of 114Z,P-1 1-50, 1_ 61-703
TO: Mr. James B. Phelps
1014 12th Avenue North
Edmonds, WA 98020
TRANSMITTING: STAFF REVIEW
RE: V-5-81
AS YOU REQUESTED:
FOR YOUR INFORMATION: XX
AS WE DISCUSSED:
FOR APPROVAL:
FOR YOUR FILE:
REVIEW AND COMMENT:
COMMENT AND RETURN:
MINUTES OF MEETING:
17"WETITI
CC: Mr. Jeff Treiber
Lovell-Sauerland
23106 100th Avenue West
Edmonds, WA 98020
PLANNING DIVISION
F ILE NO. V-5-81
APPLICANT James Phelps
AFFIDAVIT OF POSTER
Vt
STATE OF WASHINGTON
ss.
COUNTY OF SNOHOMISH-)
WANk Lwv6 duty
being first sworn,
41
on oath deposes and
says:
the
of the
That on
attached Notice of
Public Heart 9 was posted as prescribed by Ordinance,
n
and.in any event, in
the Post Offic e and Civic Center, and where applic
able, on or near the subject property.
Signed
Subscribed and sworn to before m e this day of
Notary Public in and for the State of
Washington residing a-