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713 DRIFTWOOD LN.pdfCITY OF EDMONDS BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE FIT,"_ # DATE; FEE~c3 RECT # " APO'S HEARING DATE: ADDRESS ?160 A -7n 4- APPLICANTa L CITY INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY LOCATION OR ADDRESS OF PROPERTY �j Zkj ur LEGAL DESCRIPTION OF PROPERTY Z�-ott 'C'o VARIANCE REQUESTED : _ !� iV �N FOR OFFICE USE ONLY USE ZONE : �c--� ZONING ORDINANCE REQUIREMENT STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) Signature of licant,Owner, or Representative a Notary Public in a for the SPd before me, the undersigned, appeared A:v'�� d�� On this date, personally pp _------------ commissioned and sworn, P s that (.she has prepay of Washington, duly on his/� oath deposes and say who, being duly sworn, ed to me that the recititations and read the attached statements and has acknowledged free and ed this instrume contained therein are true, and ursosesntherein mentioned C as his/ �� . voluntary act and deed for the purposes 3 day of �c�t. 19 r Subscribed and sworn to before me this_-�--� Notary Public and for the State of Washington, residing at cox F . Si �fh` DECLARATIONS OF APPLICANT q; T;. 3 Please answer all questions ' k3. err 1. What are the physical characteristics, (i.e. topography, shape ' *x of lot, etc.) which create a hardship for you in regard to „�ti development of your property? fir, '7 % A- of U,5W C T'c {" 5i ,fin '7(-ttJS rur is ac floc G t l Rf'R 32 Y, W i QA # tJOZ#U �..- S�i94CA � }. t 2. How does your property differ from other property in the same �# vicinity? 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? PO 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? J�) L t.00f rd Strom AM of 15000 Xv'F�' Ve 401c.o is Aguey- C�)00 30 r- MUM 06 I Azcocy tr& 5. Can you make reasonable use of your property without the variance? �F f� S tk,, S W--r'veA-- u)6�W ISOL. ' i it L W4.0 ea ovr' br et>KU+ Ie L w ] Msr X— An rz. t r�J t my r ram S p 1 1 i ^. p r ZA t I` ?4FTWeOO , L _ 77� s 3 3 1 $os VpuF o LAtju 7 75 - ?E50 T f:TW-O o LAlUG I ,{ 776 - & s" 9.7 f -- __. t� T-, r 4 ll U �a.-� - �� --1 6.7 � {, r Ell i a.. j� ,nn i s of Fact b Doard of Ad us' nt Record of F nd na by _Board Board of Adjustment for the City of Edmonds finds in the case ofJ6415, File No.,�%ate �� request for variance at /3 the following: 1. That notice was given according to Code requirements, and Affidavits attesting to same are in the file. That the foregoing set forth Standards and Criteria each have/ham-pert been met. In addition that Therefore, the request for variance is 9en44/Granted, subject to the following special conditions: t: Section 12.16.110 "----and if a building permit and/or occupancy M-rmit is not obtained for the subject property within one year from the date of the Board's decision, the con- ditional use permit or variance shall be automatically null and void.---" Decision shall be effective on: Date DATA Date of Application: Date of Publication: Date of Posting: Date of Appeal from Decision of the Board: C rman, Board o A u ent Date of Hearing:. /a Continuances: Secretary, Board of Adjustment _. t 1 't rv".0ns,t"�:�a ad. l.. �'..iw�.i.:.:.:a•'.'11i. ..,:».�.AiSftwr�..ti�l:,L•5YY4:,>lli�"llGiii.7�� , a. r b� * � � � r' � ., sif ",.Y._,- s, �y t'► , '.v.., �.�y`'• ,,,ts 'M C, s`,.( t ft `' } } +2 � 1 fit � �517* ^ *. �t "f4 �� 5".�ir�� tf''"6s, `'f�w�:`•• s •"}' ;-,+.._ r r S �'ti -' ..:�.. a � .::', ^ s tS \'�. t 4•- t t I r t � } 1 k�' h�Lt s .'S'r C.rTr^•"\a�' �.'<'•� yJ f aiy 2 \ a r .v^n-"(t .+ _;^ �`� .tw�' KL• �.a tscc, r' tayioi•.. .. �+} t EIT�cs.t•.s,,ran +. � r Pk CiTYCLCRx ^�>. �r()' )17DS ' � �buvd.. w•�••: ' i;_.r { i,y� a REfnoO ^F SkORr Ct c r,.r i Y y 5 C t'al�.• This k to certify N S the ProFCrties a sham on the attache d str bed a fellov S¢ d map (Exhibit hj and ,�. w "Exhibit C" attzch:d hereto. y 9 1 ' .. Rave b n divtd '.und r, the prvfstcns"ofiLte ldrrsrds Su5divtston Ordinzn_e {S•c } c err t`t !+tic,^ S 22 T4 subject to ne fo?)ow+ng eendittor a�� r q�tre rts axhihit 6: Hold Harr?Cs 4 r "S A s , Covenant required an Lot B restrfcttng`buftding ar tl gd_qutte access, is r' 3 De dicatiart of Portion of zece s Vlsarlent to conmr.-s to prp se4;tree f ' tevclopn nt. yF. • a 1i� 4 EstabTt hment of ad=goat crater service i' r hereby cart" \ r n. rF Iiv. t,srrant t,a. 117 ?1 r t� T ' ,rr r, ) v tt. r, <_, al r tc ... `=_'ar^_ Lr".r:'znd COrrgct •r. f"r setnforothe enis retrrfahesh -y of or failuro.t, cus 3y :rith thCr conditi,r;�.cd r i t �i ;•' of f a yd s• al l ha ,• ri,y • 4oid snd record a Stite%ent to ttat C°feet in tiw ,,:ntor-Ar��d_� Sreny;% ; L*tJl r ] ✓ a n of th Snohant `t GoJnty Auditor. r ' Af t$ri I r ai gyred ,.L , �L h �>f!t .r✓ �' . { u t.'. d y� `i a J a J y7 .. w f , S a \ Y t"�.�� »,b•��,;. 4. Oa*ed this, 1f' 2y d of,, r ?� �r \a ` $7hT£ Of PSflIlfTO?i 1 t C04Jf Y r On tnl day personally aaP aced beforCt�l to ri ?rrm. to be thC.{nd'•vidua?� s G cr{boSn�R ,...' �ti ; tj "- 1 � ssr•e +: r n> a d N4 exex§e rrithfn and fore ofn 4 .. g 9 ins rt.ttnt, and ztV,nnrhdg:d thatw.i ; signed th e- zs _ r°�+ and {`alurtary act and deed, for" the C1�L -.f L t and purPoses'therein Pefit one{ d Given u•,d-•r rr hard and official seal this �� dfy ct 4 t _,� �r44•«; r""-�t l••--.•''' ! I, •r r. ��. `\.•.i �.z �/ =Li'y?jN'r ✓ -'r... .� fr, ,n3 fur � • :. �'! yzran. :r. f r-�' iY,•or^ � } J• cc .7 at....ti.rfs..s.G.r. ,,,,� 'ram.' F'. i ,� ,� a•}. V tic L R.ro�V' f S 'i � .. •„ 4V ifhfl•�. (1 I � � i1,�r�`�' Y' _. .r!.�.«'�"'�^^'•"•'•t•.4VtA1��.y,�•,-h-•rw..,w•......�._.._ r , „ .. ',✓...'4,rUJ. f_rr-..lCt ...... •.. ....'.., t '��: G. ,� _ NO 70, L pp tL.S �, ...+ 1 R. i t t r �j* ♦lT 7 St 1 } , .i `t 't'I .I- r:'� j1' + i � 5� asla jr r , ; i + .0 :. it. •1' t ' ry,31 ,ry 11 4L a r at 144 iX4.+ Yti{ , ... t <� �""a.,u L 1��,,4•yy''r ," f � ,e , i �C s 4 • F �Y t5sl�''>v'rf : x ! .. .. f 1 .L�yat ,• r, Ttyto- { i r t.{ r, rl . i Y �r • CCt+ewt• , r EYHIBIF s` r t { k i:` K , �•,� br ;:r T7 to 1 �! r ,an FI Mv. arners, and a 1 persons havin nt ,, y proms or subsequent o,merhip r" k r interest in th'dis oeseiane si_ s other parties having any said.int rest hereby 'a.reo that tn_.Ci• i :}',' t_agK Y r : of ad;onds•shall be held harmless in Ill respects fror, any and all claims for damages for injunctive relief r:hich „ay be occasioned: nay or in the future to adjacent kind or Yaprover.,ents by reason of the construction, r : R� o e ation and r.aln.enance 'o the dra'.ra;: syste.1 ` ^ and hereby waive and r_teese the b'• �.y of Ed-;nd fr - ary ctaias for da7zges, exciudfn2 da—v c Lsed sol ,/ by ,n act or ( ' r ` omission of said City and injunctive relief which ths .;rners, or their successors or assign- c•� ; 7J tie-s fives have row or in the cnfuture by reason of thl car;.ructicn, rairtenance and a;era,lon or said drain&92 sys:.e t s a. O=f:C;hl EECG-OS y> �,��•tP 'I J�•. w+�*•I.^'nrX�.•v.i`uv.wro�tiarrryrr,. > n ^t*n.a �w'NwtnRr."!ri*�['rfi'q43"N�4Yt�'T'�w.• -�tlw., i �k�`fis�a�tw''G�'.tr�'...�'�•;�t �`�'�'y ra Hwy n«ce Y T„a, L W.7'.� %.'. � .,�;�,'f+7t f „-.rh?µ.-s 1. �`.yi' '.n•+c1riw w.. i.'.�^ri_ct.�.+2S .Jj,�k.. .. ��n:.c y - ., i;: c�..� u1 ....=?. .4_.tr.�.y .., j .. at; _��`•N•-,'"�-___'...... ..Yri'�. `Js1.�; ?S-,•"a��-s' .fir +.��~, �S Lv x T..r+, r i a � j r k L,f F� .y y j t J S } tL . �',: }�, "a'IYi,7•'v'SA i"`rr`•!q�tr�:+�t"`iT j"'k.,,�. ^ -tr + :"y"� tr x f ... r tt i LAND TITLE co. GVERE7T. WA COMMITMENT FOR TITLE INSURANCE 743-3611 -- 259-9101 SCHEDULE A »' 1. Effective Date: November 14, 19 79 at 8 ; 0 0 A. N. w 2. Policy or Policies to be issued: Your: B-26025 } ALTA Our No.: B-83115-4 owner's Policy ® Standard ❑Extended Amount: S 4S,000.00 Proposed insured: Premium: $ 215.25 " Bruce R. Warhol, Inc. Tax: $ 11.41 Easement$ ❑ 10.00 ALTA Loan Policy Tax$ Proposed insured: .53 Premium: S Tax: s ❑ WLTA Standard Coverage policy. Proposed insured: Amount: S I' Premium: S Tax: S 3. The estate or interest in the land described or referred to in the Committment and covered herein is: R, A FEE i 4 Title io the 4 . ' land 1s at the effective date hereof vested in: fee estate or interest 1n said James "C; Taylor "and Mary Taylor, husband acid wile 6 e" land referred to in this Commitment is in' the State of Washitori and is described as follows: Washington, , County of Snohomish f A5 ATTACHED - AUs .RECO• t i ALTA Commitment — 1966 1 >. TT 161 1/79 t. +.-�C.i'rt4Vilv*W4.ch.w,w..+...wa.r.,..w - .. Lo"►^np^aFwsrvrr ,w.w�.,nwYAwnAw.� :-. t .:v ,•suiYw� 'tf '}f SCHEDULE 8 I. The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. B. Any policy issued pursuant hereto will contain under Schedule B the standard exceptions as set forth and identified as to type of policy on the inside of the back cover hereof. C. SPECIAL EXCEPTIONS: 1. Local Improvement Assessments, if any, levied by the City of Edmonds. NOTE: We have on this date written for information with regard to any_. assessments against the herein described property and will supplement' this report when such information is secured. 2. Lien of real estate excise sales tax upon any sale of said premises, if unpaid.. -3. Contract of Sale, including the terms, covenants and provisions thereof, and the effect of any failure to comply with such terms,' 'covenants and provisions. Seller James C. Taylor and Mary Taylor, his wife Purchaser . John C. Martin and Barbara J. Martin, his wife Dated September 7, 1972 Recorded : October 12, 1972 Recording No. 2267263 XTX Receipt No. 008076 Said contract is a re-record of Real.Estate Contract recorded under Auditor's File No. 2264658. 4. Easement for Electric Transmission and/or distribution lines together with necessary appurtenances and attendant rights, all as granted to Puget Sound Power and Light Company, a Massachusetts Corporation. Auditor's File No. 517691. S. '.An easement affecting a portion of said premises and for the purposes stated herein and incidental purposes, Established In favor of City of Edmonds, a municipal Corporation Recorded : June 12, 1967 Recording No.: 1964582 For the installation, operation and maintenance of a (CONTINUED ON -PAGE 3) .:;..r"rol+wai:isy.::y...i.:v.::....�•u.t,:w....,.,...... .......,... ..-,�...r.w..._..,........n....,..,.....•....e?...:....�ir.::.iai sw%,:..:e•,:.......,a.:......:,:d..n,.,.,w..i,.vi„w.w-rw.....w.1.:.a.w.Wti...i:..w"i"2:• I Sanitary sewer line. (Affects the Eaterly 10 feet of the Southerly 70 feet of herein described property.) 6. An easement affecting a portion of said premises and for the purposes stated herein and incidental purposes, established In favor of . City of Edmonds, a municipal Corporation Recorded . June 12, 1967 ` Recording No.: 1964591 For the installation, operation and maintenance of a sanitary sewer line (Affects portion of easement insured herein) t 7. Right of the City of Edmonds, a municipal corporation to make all necessary slopes for cuts or fills onto the abutting property and on each side of said described right=of-way, in conformity with standard plans of the City -of Edmonds for Street purposes, as granted by Deed recorded September 20, 1962 under Auditor's File No. 1560710. (Affects easement insured herein) S. Waiver of all claims for damages of whatever kind which may be occa- sioned to adjacent land by the location, establishment, construction, drainage and maintenance of said road and right of the City of Edmonds to make all necessary slopes for cuts and fills whenever they extend beyond the right-of-way line, as contained in deed to Snohomish County, recorded under Recording No. 2394547. (Affects easement insured herein) 9. Covenants, Conditions, easements and restrictions contained in City of Edmonds Record of Short Subdivision recorded September 18, 1974, under Auditor's File No. 23S7894,`a copy of ..which is hereto attached and by reference made a part hereof, INFOPTIATIONAL NOTE The legal description submitted has been modified as set forth herein to comply with the record and the presumed intention of the parties to the transaction. The same should be examined and approved by said parties prior to closing.. Title to vest in Bruce R. Warhol, Inc., a Washington Corporation. DE%lh "ITS DESCRIPTION: The East 295.96 feet of the following described tract: All that portion of Government Lot 4, Section 13, Township 27 North, Range 3 East, iJ.t.i. , described as follows: Beginningat the South quarter corner of said Section 13i thence North 0°09' West 468.6 feet; thence North 72 02 Nest 5S5.08tfeet to the True Point of Beginning; thence North 72 02 Nest 520.21 feet to the East Line of Great Northern Railway Company right-of-way; Thence South 3623 West 100 feet; thence South 72°02' East 582.84 feet; thence North 0°09' nest 99.55 feet to the True Point of Beginning, ? EXCEPT that portion thereof described as follows: Beginning at the South quarter corner of Section 13; thence North 0009' West 468.6 feet; thence North 72*02' West 555.08 feet to a point hereinafter referred to as point "A"; thence continuing North 72°02' west to the Southeast corner of Lot 12, Plat of Northstream Lane, according to plat thereof recorded in Volume 23 of plats, page 87, records of Snohomish County, Washington, the True Point of Beginning; thence continuing North 72°02' West to a point that is North 72°02' West 295.96 feet from Point "A"; thence South 0°09' East 99.55 feet; thence South 72°02' East to a point that is 3 South 7026115" East from the Point of Beginning; thence North 7°26115" West to the True Point of Beginning, TOGETHER :VITH a non-exclusive easement for ingress and egress over the West 16 feet of the following described property: Beginning at the South quarter corner of Section 13, Township 27 North, Range 3 East, W.M.; thence North 0009, West on the North/ E South Center line of said Section 138.6 feet; thence North 72°02' West 554.89 feet; thence North 0°09' West 9.5 feet to the Northerly line of that certain strip of land conveyed to the, City of Edmonds for street purposes by Deed recorded under Auditor's File No. 1560710,' the True Point of Beginning; thence continue North 0°09, West 320.5 feet more or less to the South line of the Plat of Northstream Lane (23-87); thence South 71°571OS" East along the Southline of said Plat for 138.72 feet; thence South 0009, East 320.5 feet more or less to the Northerly line of strip of land conveyed to the City of Edmonds under Auditor's File No. 1560710; thence North 72°02' West 138.72 feet to the True Point of Beginning. EXCEPT that portion thereof conveyed to the City of Edmonds for Road by Deed recorded under Auditor's File No. 2394547. Situate in the County of Snohomish,*State of Washington. -fir}: K 101 LEGAL. DESCRIPTION j THAT POI<?TION OF GOVERNMENT LOT 4, SECTION t3, TOWNSHIP 27 { << »;.,; �?► ;kz �.3.EA�T W..M..rd . �RI.,5E:D:?.S:.FoLLOW5: BEGINNING 2' AT THE SOUTH QUARTER CORNE20F5AIDSECTION t3)THENCE N 0009'W, 468.60 FEET; THENCE N 72° 02' W, 555.08 FEET TO THE TRUE POINT A H .OUTHEAST OF BEGINNING; THENCE CONTINUING N 72o02'W TOT E ;± CORNER OF LOT 12, NORTHSTREAM.,LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 23 OF PLATS, ON PAGE 87, 2ECORDS OF aNOHOMISH COUNTY, WASHINGTON ; THENCE SOUTHERLY, is ALONG THE 50UTHERLY PROLONGATION OF THE EAST LINE OF- 5AtD LOT I?, tO4.?4 FEET; THENCE 5 72*02' E , TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING SEARS NO* 09' W ; THENCE, ii N O° 09, W, 99.55 FEET TO THE TRUE POINT OF BEGINNING, NOTE BEARINGS 1N PAiZENTHE615 ARE AS USED IN THE PROPE2TY DESCRIPTION AND ARE BASED UPON A DATUM OTHER THAN AS USED FOP- THE PURPOSE OF' THIS SURVEY. LEGEND i= SET I1:ZON PIN. WITH PLASTIC CAP NO'D. 989E 1-3 06 50 0 �a��.uG�.� Lam' RECOFi*tNG�,CERTIFICATE ;� SURVEYORS CERTIFICATE 4zAL . w. �ovEt.�. `: fi f= , f:D1.1Y M—AP �� AT THIS MAP CORRECTLY RiPR: TlifsDAr "Wf° ta�aJl:D,. UNDER MY DIRECTION IN CONFORM a •r. MINUTES .PAST. ...i-L.--O'CLOC M; AND RECORDED Ip THE SURVEY RECORDING ACT. AT THI VOLUTAL:.[-t l olr RVEYS ON PAGE � 'EBRUARN.° „ THIS erNOAY OF_ F. SNOHOMIS-COUNTY. WASH RECORDSOF INGTON f ��aa y��/1 I HENRY 8• WHALEN AUDITOR DEPUTY AU0(TOfZ A ni NOTICE OF HEARING PETITION FOR VARIANCE - VMMVT ffIWXW;'tW)t BY EDMONDS BOARD OF ADJUSTMENT All interested persons are hereby notified that Wednesday, the it 20th day of August , 19 80 , has been set as the date for hearing petition filed by Ron Johnson for a variance - arxNV xxosxx )t from required frontyard setback i' at 713 Driftwood Lane said property being zoned RS-12 x�x5t�i�i:i�xbsXxac�l��s�4x�Xx:Ea9�tR�4�rKX rx Said hearing will be at 7:30 P.M. in the Council Chambers of. the Civic Center, Edmonds, Washington before the Board of Adjustment and all interested persons are invited to appear. IRENE VARNEY MORAN City Clerk, City of Edmonds FILE NO: V-29-80 PUBLISH: 8-4-80 STATE Or WASHINGTON, COUNTY OF SNOHOMISH, Affidavit of Publication V P" The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of the EVERETT HERALD, a daily news- paper printed and published in the City of Everett, County of Snoho- mish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County, and that the notice .................................... NOTICE, 4F, PUBLIC,. HEARING.................................................................... - ........................................................................................................................... . .......... ............................................................................................................................ ......... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: AE9. ...�t ... P0. ...................................................................................................................................... and that said newspaptr was regularly distributed to its subscribers during all of said period. ........................................................... .................... . ................................................ Principal Clerk Subscribed and sworn to before me this .... 5th P day of ./� ................ AIJRIV-$T,/ .... .......... A„ 19 ...... ........... in and for the State of Washington, residing at Everett, Snohomish County. 2 PLANNER'S VARIANCE REVIEW FORM FILE #y -2 9 -8 a APPLICANT: Ron Johnson ADDRESS: 713 Driftwood Lane ZONING: Rs-12 VARIANCE REQUESTED: Reduce required front yard setback to 15' ZONING CODE REQUIREMENT: code requires 25' —_ OTHER PERTINENT FACTS: VARIANCE CRITERIA - Section 12.16.100 1, Does this amount to a rezone? No. 2.(a) Are there conditions and/or circumstances not generally applicable to other lands in the same district? Yes The actual building area on this lot is quite limited due to steep slopes and a stream flowing through the property. (b) Would strict enforcement of the zoning code deprive the property owner of rights commonly enjoyed by other properties in the same district? Yes. it would severel. restrict the amount of area which could be built on. 3. Do the special conditions result from the actions of the applicant? No• 4. Are there unnecessary hardships and practical difficulties in carrying out the provisions of the zoning code? Yes. Setback required by code severely restricts building area of this lot. 5. Will the granting of the variance be detrimental to the health, safety, or welfare of property owners in the vicinity? No. 6. Is this the minimum variance that will make possible the reasonable use of land? v-, 7. Will the granting of the variance generally be in harmony and compatible with this zoning code? Staff recommends approval Planner's Variance Review 12/77 IJ l G FILE NO. V-29-80 APPLICANT Ron Johnson AFFIDAVIT OF MAILING t i. STATE OF WASHINGTON ) ;f ss. COUNTY OF SNOHOMISH ) ! - TINA ZARELLI being first duly sworn; on oath deposes and says: ` That on the s day of r ,19�-�' the attached Notice of Public of Hearing was `mailed as required to adjacent t� ij property owners, the names of which were provided by the s i� applicant. 4, f Signed Subscribed and sworn to before me that' of 19 �d Qc.,�t..f ,•. Notary Public in and for the State of Washington Residing at�t FILE NO. V-29-80 APPLICANT Ron Johnson AFFIDAVIT OF POSTER THE FILE NO PROPERTY ADDRESS AND LOCATION I av ZONE DISTRIC T) WILL HOLD A PUBLIC HEARING APPLICATION: THE HEARING WILL BEGIN AT 7f. 36 17 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 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. 227). THE REMOVAL, MUTILATION, DESTRUCTION, OR WACONCALMENT OF THS NOTICE BEFORE THE DATE Rh N I N G ! OF THE HEARING IS AIM ISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTER 8-c,20-go TO, 9w . ..... ..... FORM NO. MEM. 88T Cl!rY OF EDMONDS 250 - 5th North EDMONDS, VIAS111HIGTON 93020 DEPARTMENT: --- DETACH THIS COPY - RETAIN FOR AN ANSWER a -CITY OF EOMONDS 14AIZVG H. 14ARRISON CIVIC CENTER 0 EDMONDS. WASHINGTON go= (206) 773-2523 MAYOR COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION All. and a neighbor whom she had not met complained. She had additional letters from other neighbors who did not object to the construction. Mrs. Medina asked her how long she had lived in Edmonds and she responded 14 years and that she had not been associated with any building contractors but had worked in a real estate office on Whidbey Island, but that was for unimproved property. She said the Building Inspector had been out and said the building is structurally sound but the overhang and height are wrong. She added that they had put no windows on the north or east sides so as not to affect i the privacy of the neighbors on those sides. Mrs. Derleth noted, however, that there are floor to ceiling windows on the other two sides, and that did not appear to her to be storage. The applicant responded that she thought it would look strange to have two small windows, and she may use it -i for working on hobbies. She said they had no building plan when they were i building it and a young friend was doing the work. Randy Dehem, 9727 216th S.W., the neighbor to the west, said the structure did not invade his privacy. The public portion of the hearing was closed. i ! Mr. Bowman said the structure appears to be built soundly and it could be dropped down with a flat roof. He said the objection was from the property owner to the north and that the impact was that into the side yard setback, not the height. Mrs. Medina said she felt differently about somebody innocently getting into this situation from somebody who works in the field' and should be aware. She thought there should be some kind of notice to the public as these problems come up repeatedly. Mrs. Derleth said the l; thing that bothered her was that the homes in the area are single story homes and this structure had two stories and if she were hearing this from the beginning she would be opposed as it sticks up against the property line just like a wall. She felt accessory buildings should blend in, and irregardless of whether a building permit was applied for, she would not be able to approve a variance for the setback on this building. Mrs. Medina' said the excessive height was 2'3" so they could conform to the height`, requirement and still have two stories, so the Board could not do anything about the two stories. Also, she felt the pitched roof was better than a flat roof. She said she did not know what it would cost to take the side wall out and move it in order to conform to the side yard setback. Mrs. Derleth observed that the Board had disapproved such as this in the past but there had been no enforcement, so she did not know what good it did to disapprove them. CHAIRMAN BYRD THEN MOVED, SECONDED BY MR. HATZENBUHLER, TO V-28-80 ON THE GROUNDS THAT IT IS NOT A REZONE, THERE ARE SOME I ,APPROVE LIMITED SPECIAL CONSIDERATIONS AND CIRCUMSTANCES WITH REGARD TO THE OLD STRUCTURE AS IT SOMEWHAT INDUCED THE OWNERS INTO THE CONSTRUCTION. HE RECOGNIZED THAT THE PROPERTY OWNER REALLY WAS NOT BEING DEPRIVED OF RIGHTS. AND THAT TO SOME EXTENT THE SITUATION WAS DUE TO OWNER ACTION, BUT HE SAID ;. THERE WOULD BE SOME HARDSHIPS INVOLVED TO BRING IT INTO CONFORMANCE AND IT DID NOT APPEAR TO BE SUBSTANTIALLY DETRIMENTAL TO THE NEIGHBORHOOD. THE MOTION CARRIED, WITH MRS. DERLETH AND MRS. MEDINA VOTING NO. V-29-80 RON JOHNSON - Variance from required front yard setback at 713 Driftwood lane 12) <, This request was for a 10' variance from the required front yard setback requirement, the code requiring 25' and the request being for 15'. Mr. Bowman noted that there is a stream going through the property and the building area is limited, so the lot will be very difficult to develop without relaxation of the setback requirements. He reviewed the variance criteria. It would not amount to a rezone. Conditions not generally applicable to other lands in the same district were the stream and steep slopes on the site which limit the building area. Strict enforcement of the zoning code would -restrict the amount of buildable area. The special conditions were not the result of actions of the applicant. The practical difficulties in carrying out the provisions of zoning code were the setback requirements which restrict the building area of the lot. He felt granting of the variance would not be detrimental to the health, safety, or welfare of property owners in the vicinity and that this was a minimum variance which would be.in harmony with the zoning code. He recommended approval. The hearing was opened to the public. EDMONDS BOARD OF ADJYJIMOENT Page 8 - August 20, Ron Johnson, the applicant, said they had approximatley 42' from the property line to the center of the bank and 10' had to be taken out for the side setback. He said the owner. Bruce Warhol, had assured him that there is ingress/egress by the easement shown. Mr. Johnson said he had tacked to the owner to the east who said he had sold the lot and provided an easement across his lot for access. Although it is a large lot, he said the building pad is only about 4ac 55', and it is a beautiful lot and it would not make sense to put a small house on it. Tfie planned house will be cantilevered out 6,- 8' and the main level will be approximately 1,000 sq. ft. There will second and thehearing hewastcl sed one else wished to speak, and the public portion of Mr. Bowman noted that if it should be discovered that they do not have the access easement they could not get a building permit so the variance would be voided. Mr. Smith said a covenant was established at the time of the subdivision that created this lot which requires that there must be access before a building permit can be issued. He said they will see if a common access for the area can be created amongst the property owners. Mrs. Derleth said the Board normally likes to see what the access will be, and she was somewhat uneasy that there was no input from the neighbor who will be very much impacted by the house. Mr. Johnson said the house will be two stories from the street side. Mrs. Derleth observed that the site would be unbuildable without a variance, but Chairman Byrd noted that a smaller structure could be built at the same height. Mrs. Derleth noted that if the setback is reduced that puts the building even closer to the adjacent property owner. Mr. Leraas said it is a difficult lot but he had no problem in allowing the variance as the checks and balances will dictate what can be done. MR. LERAAS MOVED, SECONDED BY,MR. HATZENBUHLER, TO APPROVE V-29-80, ASSUMING THAT THE'NECESSARY INGRESS"AND,EGRESS!REQUIREMENTS WILL BE MET AS NEERING DIVISIONS ASLTOAS'CRITIA SET ACCESSERBECAUSEFOITTWILL NOT BETDETRIMENTALUILDING ATO THE ND ZHEALTH, WELFARE, ANO'SAFETY OF THE NEIGHBORHOOD AND WILL BE COMPATIBLE WITH THE ZONING CODE. MOTION CARRIED. CU-46-80 CITY OF EDMONDS - Conditional Use Permit for filling and grading over 5,000 cu. y s. at Union Oil Beach (CW) Mr. Bowman said the intent is to use the fill material to improve the existing park site and the proposed use will not endanger the public health, morals, and general welfare. All required zoning and general requirements will be met, a shoreline permit is being applied for, and drainage/erosion control will be provided according to plans submitted. The proposed use will not be injurious to adjoining property and it will be compatible with the area as set forth in Chapter 12.13 of the City Code and the Comprehensive Plan. Mr. Smith said this soil came from the Albertsons site and was free to the City but the problem arose as to where to stockpile it. They could not begin grading because of the permit required by the State Shorelines Act. They expect to get the permit in November, but meanwhile the State allowed it to be stockpiled there. If it should become a problem there are other plans which call for seeding the banks with grass seed and tray seed to provide a turf for the winter. He said there are three different erosion plans. The existing soil at the park is so high in salinity that nothing will grow there, so this soil will be used to develop the park. The fill already had been placed at the park. The public portion of the hearing was opened, no one wished to speak, and the public portion was closed. MRS. MEDINA MOVED, SECONDED BY CHAIRMAN BYRD, TO APPROVE CU-46-80 BECAUSE IT ALREADY IS IN PLACE, BECAUSE IT DOES NOT APPEAR TO BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY, AND BECAUSE THE CITY IS MAKING ADEQUATE PROVISION TO KEEP IT FROM BLOWING AWAY OR RUNNING OFF AND IT. WILL NOT CREATE EROSION PROBLEMS TO THE ADJOINING PROPERTIES. MOTION CARRIED. Mrs. Derleth cautioned the Staff to think seriously about winter erosion as new boat harbors often have trouble with dirt blowing on the boats. Mrs. Medina felt the situation should be addressed of people building without permits. She said it is an educational thing but people should be advised that they cannot build fences, etc., without a permit. She felt that once somebody has built something illegally it should not be approved without special fees, possibly doubling the fee. She asked that somebody look into the feasibility of setting up an education program on this proble There w no further business to came before the Board, and the meeting was adjourned at�1:00 P.M. EDMONDS BOARD OF ADJUSTMENT Page 9 - August 20, 1980 ins � I I '� ` �� 1 x eiHn.+i�/°iTai9dt,,,.CRYrJ,�,9R�,'�.i7��k7iJ;,�a9�, iiP __-'_' ____.'_-—._.._..._._ t - „s. .,Fl ,1,: ,m2.ir, x...•r'ft + �'Y s .t U 1 # DATE CITY OF EDMoNDS FEE ; BOARD OF ADJUSTMENT RECT # 7 APPLICATION FOR VARIANCE APO'S HEARING DATE: h APPLICANT ADDRESS 2lbC) kW ZO t x�AMC, `? OM CITY & ZIP PHONE 674Z - (/Pq7 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY M_C`" r rot aw )r-jZ.- LOCATION OR ADDRESS OF PROPERTY 'Vs W - LEGAL DESCRIPTION OF PROPERTYCA+,D a —• VARIANCE REQUESTED: U/klUAtJCC aUE� � �• l.tmtT aaF c�� Acc .ss FOR OFFICE USE ONLY a3 USE ZONE: ----- ZONING ORDINANCE REQUIREMENT : 6 {��-fG N {� � -T F; STATE OF WASHINGTON) ss.! COUNTY OF SNOHOMISH) I Signature of A licant,Owner, or f: Representative On this date, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared f►1tU RC.n 1-6 who, being duly sworn, on his/her oath deposes and says that Whe has prepared and read the attached statements and has acknowledged to me that the recititations contained therein are true, and has signed this instrumen s s/her free and N� voluntary act and deed for the purposes therein mention Subscribed and sworr. to before me this a. o>�.p 19 F;O t. NA ary Public in for residing at e^of Washington, W 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? �IlY sm�r�, 6u rcaAu✓ A to l t�tkt ��r a�go�-�tu —W-TD eta of-- JU&P= RlIiLa1&11. e�4TWDs DOWIJ w-M 8ult-e TRus CM-UrN6 our ffLit?L1tse &em e 'To ae Quag Low _ lYtAKtf OU2 t wxkx- es4C o oven 61-� ' i. m rrr -Sa-� C,Q &W- L=LV0'A10IjS 2. How does your property differ from other property in the same vicinity? _Rk NUOR.L7Y OF 606s t ftu PRA'.-ac ti Y Aj&.-_e' 009., QUA _ 27k3 S' blviiuC Us A s/ fic4, ,Aitt 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? �d 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? tT CJutxx-o Came stl I-kst✓ -to sv g- 66CAv�c txiE � iUf uco ire -ro 6e zeov-m Tom- IVW CA-wwg. 1tJIM-2100. WA-CX r Z� 5. Can you make reasonable use of your property without the variance? RfFgo� Lm, 1z' Uftp4xe mU(�r AMAU46 �E DAf& free, (tJ i kAywe . 7 zr--IAnw stza OF dw$0 -to twr rs ik-"140111 15:mAal Record of ridings of Fact by Board of Ad u4 ment The Board of Adjustment for the City of Edmonds finds in the case of Poolo, File No. -3343o, request for variance at 91S 1f'tf_tW Oa— V&ft- ' , the following: 1. That notice was given according to Code requirements, and Affidavits attesting to same are in the file. 2. That the foregoing set forth Standards and Criteria each have/have not been met. 3. In addition that 4. Therefore, the request for variance is Denied/Granted, subject to the following special conditions: •r1 / S. Section 12.16.110 "----and if a building permit and/or occupancy F*:rmit is not obtained for the subject property within one year from the date of the Board's decision, the con- ditional use permit or variance shall be automatically null and void.---" 6. Decision shall be effective on: . Date DATE D :� L/L:r' 1�a --- C airman, oa dpf Adjustment DATA Date of Application: Date of Hearing: Date of Publication: Continuances: Date of Posting: Date of Appeal from Decision of the Board: Secretary, Board of Adjustment •X la m r. ... .. _ ' i 0 1" PLANNER'S VARIANCE REVIEW FORM FILE # V-33-8Q APPLICANT: Ron Johnson ADDRESS: 713 Driftwood Lane ZONING: RS-12 VARIANCE REQUESTED: Exceed height limit by 3' , allow access off a substandard easement. ZONING CODE REQUIREMENT: code height is 30' pitched roof, 24' required _ in easement with 5' for utilities and 20' for _ingress/egress. OTHER PERTINENT FACTS:_ A variance to the required front yard setback was granted in August, 1980. (V-29-80) VARIANCE CRITERIA - Section 12.16.100 1. Does this amount to a rezone? No. 2.(a) Are there conditions and/or circumstances not generally applicable to other lands in the same district? This lot has severe topographic limitations. Onlv a small portion of the lot has a good building pad. Still one cor- ner of the building will be over the edge of the bank. (b) Would strict enforcement of the zoning code deprive the property owner of rights commonly enjoyed by other properties in the same district? Yes, as it would limit design and size of home to fit the lot. 3. Do the special conditions result from the actions of the applicant? No. 4. Are there unnecessary hardships and practical difficulties in carrying out the provisions of the zoning code? No. 5. Will the granting of the variance be detrimental to the health, safety, or welfare of property owners in the vicinity? No. 6. Is this the minimum variance that will make possible the reasonable use of land? Yes. 7. Will the granting of the variance generally be in harmony and compatible with this zoning code? Yes. Staff recommends approval subject to the conditions on the attached sheet. Planner's Variance Review 12/77 r APPLICANT: Ron Johnson HEARING: October 15, 1980 FILE t. V-33-80 1) The only access to this property is by way of a 16' access easement. Staff recommendation is for approval of both variances with the following conditions: 1) Since the applicant has not provided proof of a utility easement to the property, such as easement will be required prior to a building permit being issued. FILE NO. V-33-80 APPLICANT Ron Johnson AFFIDAVIT OF MAILING STATE OF WASHINGTON ) ss , COUNTY OF SNOHOMISH ) Maryanne Townsend being first duly sworn, on oath deposes and says; That on the J-4 day of ,19Xo , the attached Notice of Public of Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Signed Subscribed and sworn to before me this /day of 19.. N/'o'ta4 Public in and for the State of Washington Residing at FILE NO. V-33-80 APPLICANT Ron Johnson AFFIDAVIT OF POSTER STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH Duane Bowman being first duly sworn, on oath deposes and says: day of 0_T0,66'1 the That on the 19 attached Notice of Public Hearing was posted as prescribed by Ordinance, and In any event, in the Post Office and Civic Center, and where applic- able, on or near the subject property. Signed �IJM4fZ Subscribed and sworn to before me this / �,�5 day of 9 Notary Public in and for the State of Washington residing at lie CITY OF EDMONDS NOTICE OF PUBLIC HEARING THE --- WILL HOLD A PUBLIC HEARI I NG 15 AQ ON THE FOLLOWING APPLICATION: FILE NO.. X PROPERTY ADDRESS AND LOCATION 11.7 jo-F u Iry ZONE DISTRICT THE HEARING WILL BEGIN AT 070o 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 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 STREETEDMONDS (PHONE 775-2525, EXT. 227). THE REMOVAL, MUTILATION, DESTRUCTION, OR CONCEALMENT OF THIS NOTICE BEFORE HE DATE WARNINGIN OF-TBY FIHE HE-AB-ANDIIMN-QPRISONMENTIS A MISDEMEANOR PUNISHABLE NE . THIS NOTICE MAY BE REMOVED AFTER - /01-/S7'--LV- S.. CITY ,YY{ ,rrs STATE OF WASHINGTON, u couNTY OF SNOHOMISH, Affidavit of Pu6lication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of the EVERETT HERALD, a daily news- paper printed and published in the City of Everett, County of Snoho- mish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County, and that the notice .................................... NOTICE OF HEARING ..........................._.................................:............ �. a printed copy of which is hereunto attached, was 'published in said t — newspaper proper and not in supplement form, in the regular and t �� entire edition of said paper on the following days and times, namely: OCTOBER 1, 1980 .......................................... ........ and that said newspaper was regularly distributed to its subscribers during all of said period. yam, a .—....'-^ .................. ...................................................... .........Principal Clerk 1> Subscribed and sworn to before me this ..... 2na........... OCTday of ...., .--- ...OBER ............, 19.. .. ...�.................. .. � i ary Public in and for the State of Washington, r iding at Everett, Snohomish County. Said hearing will be at 7:30 P.M. in the Council Chambers of the SY, Civic Center, Edmonds, Washington before the Board of Adjustment and all interested persons are invited to appear. IRENE VARNEY MORAN City Clerk, City of Edmonds FILE NO: V-33-80 , PUBLISH: 10-1-80 : CITY OF EDMONDS TO " ..... �!, +, ._ .�' ,`-'___._....._.. __ _ "!".. ,. _ .. .. _ _ � Gi►M1V�fvW O�it1i�� .7P11[V {t t, ;;fJUJECT - REPLY REO YES ^NO DATE ,•� t^ %t.�::tl,.i',t..1 '�_.i�.r r{:.�7•-r`h: (.,�r�='f• >' �....-,! �.::Z f;`N`:tt.,�.-f%� ��. ;.�U.....�i _ - - - PLEASE �S}GNEO TO �► ' j r'' .. REPLY ' i Q raw E � DATE SIGNCE / 70RM NO. MEM. 88T ^``l SEND PARTS 1 AND 3 WITH CARBON INTACT, PART 1 IS RETURNED WITH REPLY . :yd{'�pk1L•nv�n v.4x,i�Lfti.Y�iLwe)•f k1d.YiPi;(i+..a.w..Htd+'1:}un�Y;� ��4 .1wc1.. .... ..n.�i3+Wkio\A.ni...•1:.3.... i-i ....: .Y ��iAL .ti. I .., .+ .v.tl:..n � •. � ,...,.. r P... bt , ,.- ...P M1.+R1.L.f<'��., _ . _• .� Y?Fi ' V x .h:134.:}i";.Y ,V r ".v:, . l :} t.`..R1 .... , . ,..Si:..:�a.0 .Lev.:.�ti:RYYIl!`.�ik Mrwi�,�ntLF u".i41 .H•ry ,. WR4�q .��,.4?ti:n:j, .: f 2: ...... • ��,6, 'u�i:f'!,n t,� � , xu.,r wlns,ra.a,.�..,eA,f..•.., ,� ,.. u'S�,.,;r-..Wx.�a.tA.i:,. s J �.,...i: .'... U . ,.a ,. ,,. ,.' 7. � � , . t:•, d:.,n� 1.....,k.. "{t' _ cu J t t 4' CITY OF EOMONOS HARVE N. HARRISON MAYOR CIVIC CENTER • EDMONDS, WASHINGTON 98M • (206) 775.2525 COMMUNITY DEYEIOPMENT DEPARTMENT DATE: October 7, 1980 REMARKS: f CITY OF EDMOND�.�' HARVE N. HARRISON MAYOR I, r CIVIC CENTER • EDMONDS, WASHINGTON 9W20 • (206) 775.2525 ' COMMUNITY DEVELOPMENT DEPARTMENT l; DATE: November 7, 1980 TO: Mr. Ron Johnson 2160 N.W. 204th Seattle, WA 98177 3j A. '- TRANSMITTING: Board of Adjustment Minutes . RE: V-33-80 is ' AS YOU REQUESTED: �5 FOR YOUR INFORMATION: XX i AS WE DISCUSSED: i FOR APPROVAL FOR YOUR FILE: REVIEW AND CO101ENT: fCOMtIENT AND RETURN MINUTES OF MEETING: October 15 1980 t s:( REMARKS 1 PLANNING DIVISION: t G' ti location. MRS. MCGEE MOVED, SECONDED BY MR. HATZENBUHLER, TO APPROVE CU-54-80 BECAUSE SHE FELT IT WAS A PUBLIC NECESSITY AND IN HARMONY WITH THE AREA AND IT WILL NOT BE DETRIMENTAL TO THE PUBLIC WELFARE AND SURROUNDING PROPERTIES. MOTION CARRIED. CU-55-80 ROBERT A. RAUTENBERG - Conditional Use Permit for distribution warehouse facility at 22625 76th Ave. W. (BC) Mr. Bowman showed slides of this site and reviewed the Conditional Use Permit criteria. The proposed use will not endanger the public health, morals, and general welfare. The property is surrounded by commercially zoned property to the north, west, and south, and a 20' landscaped setback is required from the residential area to the east. The proposed use met all conditions for the zone, except that the schematic plan indicated a 15' setback to the east property line and that will have to be 20'. The use should not be detrimental to adjoining property, and a combination of landscaping and a fence or hedge located along the east property line should help alleviate any adverse impact on the residential area to the east. The character of the use is compatible with the area and there will be no decrease in the minimum requirements of the Zoning Code. This will be reviewed by the Architectural Design Board as a major project. Assistant City Engineer Patrick Wilson enumerated the engineering requirements. The public portion of the hearing was opened. The applicant said he is a special food distributor and he was proposing to develop this site for combination usage of a distribution warehouse along with his retail and office facility. He supplies restaurants and delicatessens. The loading docks will be inside, as well as their vehicles --everything will be within the confines of the building. He has four small trucks with 12' boxes on them and the office staff will be 3-4 people. He also will have a retail delicatessen. No one else wished to speak, and the public portion of the hearing was opened. Mr. Leraas observed that this facility probably will not have anymore incoming or outgoing trucks than the other businesses in the area and he thought it would be compatible with the surrounding neighborhood in terms of a commercial venture. MR. LERAAS MOVED, SECONDED BY MR. HATZENBUHLER, TO APPROVE CU-55-80 BECAUSE IT IS COMPATIBLE WITH THE NATURE OF THE COMMERCIAL VENTURES IN THE SURROUNDING AREA AND IT WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THIS PARTICULAR COMMERCIAL AREA. MOTION CARRIED. V-33=80 RON JOHNSON — Variance from required height limit and to allow access of a su stan ar easement at 713 Driftwood Lane. (RS-12) Mr. Bowman showed slides of the site noting the severe topographic changes in the lot. The variances requested were (1) to exceed the height limit by 3' (the maximum is 30' for pitched roof), and (2) to allow access off a substandard easement of 16' in width (25' is required for ingress/egress and utilities). A variance to the required front yard setback was granted on this site in August 1980. Mr. Bowman reviewed the variance criteria. The request will not amount to a rezone. The conditions not generally applicable to other lands in the same district are related to the topography. Only a small portion of the lot has a good building pad, and one corner of the building will be over the edge of the bank. Strict enforcement of the Zoning Code would deprive the property owner of rights commonly enjoyed by other properties in the same district in that design and size of the home would be limited. The special conditions were not the result of actions of the applicant. There would be no unnecessary hardships and practical difficulties in carrying out the provisions of the Zoning Code. Granting of the variance would not be detrimental to the health, safety, or welfare of property owners in the vicinity. Mr. Bowman felt this was a minimum variance to make possible reasonable use of the land and that granting of the variance generally would be in harmony with the Zoning Code. Assistant City Engineer Pat Wilson stated that there is no water line utility easement for this property and one must be obtained. Also, he said a 12' strip of BOARD OF ADJUSTMENT Page 5 - October 15, 1980 the access easement must be paved. Mr. Bowman then recommended approval, subject to the following conditions: (1) Since the applicant had not provided proof of a utility easement to the property, such an easement was required prior to issuance of a building permit; and (2) Some type of paving should be extended to the property from Driftwood Lane, with a width of no less than 12'. Mr. Leraas asked if the applicant could connect to the sewer even though it is on the next street and Mr. Wilson said he could. City Attorney Wayne Tanaka added that it is a City easement so there should be no problem in connecting. The public portion of the hearing was opened. The applicant said there is a sewer line easement on his property. He said he would abide by all conditions established and that he needed the height variance because of one corner which will sit in a hole. Kellie Hammett, 810 Northstream Lane, across the street from this site, was interested in where on the site the construction would occur. Mr. Johnson did not have the plans with him but said he would be happy to meet with the neighbors to discuss them. The owner of the house on the corner said the contractor knew the circumstances of this lot when he bought it and now he wants a variance. He was against anything higher than 30' as his view was going to be impacted. i, Paul Bolerjack, 830 Northstream Lane, objected to the height as his view would be blocked. James Taylor, 805 Driftwood Lane, said 10-15 houses had gone up since he had moved there and he used to have a 450 view, but people planted trees and now he cannot see the Sound because of the vegetation. His house is 15'- 16' high and he keeps the trees down to that height and he felt there should be that kind of restriction on the subject property as this is an a area of view properties. Chairman Byrd advised him that such was not a j matter for this Board. Mr. Taylor then asked if he could raise his house to see over the sight -obstructing houses and Chairman Byrd said he was not ;{ in a position to answer that. Mr. Taylor added that to the best of his J.1 knowledge the City sewer goes down the middle of these easements and that a.l there is a sewer and free hookup to this property. rF} Richard Rowe, 711 Driftwood Lane, a 30-year resident at that location, said there are two 16' easements running parallel to each other and when he had made inquiries recently about subdividing the engineers suggested that he get the people involved together on it. Mr. Rowe said that with the exception of one person they all were in agreement that a possible solution would be to put in one road down the middle of the two easements, keeping the 32' width but paving only 25' down the middle. The only exception was Mr. Underhill who had reservations because he did not know the legal aspects and wanted to consult his counsel. Mr. Rowe had not contacted Mr. Johnson because he did not know him. ;Fq Ron Johnson said the building will be 24' high from the street, but if you rk : are down in the gully it will be higher from there. He said if he were to remove the overhang of the house over the gully he would not need the variance. In essence, he said he would be 2' below what is allowed. Fran Bolerjack, 830 Northstream Lane, said this is a fine neighborhood and I everyone had stayed within the Code. She said they would hope other people would consider them because they did not build higher. The public hearing was then closed. 1 Mr. Leraas noted that the applicant was stating that his house is 24' higher than the flat area of the ground but he was asking for a 3' height extension due to the topography in which he will have to put a supporting post to support that corner of the house, so it really was a technicality sj which made him go for a 3' height differential and he was not building the j house 3' higher. Chairman Byrd observed that without a variance he could build a 30' high house with a pitched roof and smaller in width. Mr. 4� BOARD OF ADJUSTMENT aj Page 6 - October 15, 1980 Tanaka noted that there are many ways to measure height, and when people state that the height will be a certain amount from the street side there is no guarantee that the house will be the height the people think it will be from their viewing point without some definite plans. Mrs. Derieth stated that there is a slope to the lot, and she was not sure he could go as high as he said if the corner were eliminated. She was concerned that there was a request for a height variance on top of the setback variance previously granted. She said she would not be willing to vote in favor of this variance without examining the elevations, and would prefer to continue the hearing, or else she would vote against it. Mr. Hatzenbuhler felt the same. A short recess was then announced, during which Mr. Bowman went to the Planning Division to get the elevations. When the meeting reconvened the Board examined the plans and Mr. Johnson pointed out that the portion protruding above the allowable height was a strip only 18' long, and that the entire length of the house was not involved. Mr. Bowman took the measurements and said that from the base foundation to the roof edge it was 21' at the street side, and it was 26' at the highest point from the easement. lie said it still was a minimum variance considering the topography problems. The hearing then was reopened. Mr. Bolerjack said that although it started at 26' they really were looking at 28' and the additional footage would block them more as their house looks straight at this one. The hearing again was closed. Mrs. Derleth said she appreciated the difficulty of the site, but she was not convinced the design minimized the impact on the neighborhood. She thought the setback variance created some impact on the height for some of the neighbors and the addition of 2'- 3'of height was a further impact. She was not convinced this was a minimum variance to make reasonable use of the land. She thought the house could be built within the height restrictions, given that the 'variance on the setback had been approved. She had no problem with the easement variance. Chairman Byrd observed that it appeared that it would be better to try to get the road together as suggested by one of the speakers this evening, and even though a variance may be granted for the easement he would suggest that such be pursued. Mr. Wilson said the Engineering Division would require that it go in at a certain cant so the road could be put in adjacent to make a single road. He said that would fit into the street development of the area. MRS. DERLETH MOVED, SECONDED BY MR. LERAAS, TO APPROVE THE ACCESS EASEMENT VARIANCE FOR V-33-80 WITH THE CONDITIONS SET FORTH BY THE ENGINEER WITH THE HOPE THAT THE APPLICANT AND OWNERS OF THE ADJACENT EASEMENT' MIGHT WORK TOGETHER TO PROVIDE A SINGLE ROADWAY INTO THE AREA AT SOME FUTURE DATE, BECAUSE SHE FELT THAT WAS A MINIMUM VARIANCE AND WOULD NOT BE INJURIOUS TO THE AREA, IT WOULD BE REASONABLE USE OF THE LAND, AND WOULD BE IN HARMONY WITH THE ZONING CODE. MOTION CARRIED. MRS. DERLETH THEN MOVED, SECONDED BY MR. HATZENBUHLER, TO DENY THE VARIANCE ON THE HEIGHT LIMIT ,BECAUSE SHE FELT THE PREVIOUS SETBACK VARIANCE AND THE DESIGN OF THE HOME ALREADY HAVE IMPACT ON THIS VIEW NEIGHBORHOOD, AND SHE WAS NOT CONVINCED THAT'AN ADEQUATELY SIZED HOME COULD NOT BE DESIGNED TO MEET THE HEIGHT RESTRICTIONS EVEN WITH THE ONE CORNER IN THE GULLY, PARTICULARY BY STEPPING THE HOME DOWN THE HILLSIDE. MOTION CARRIED. There was no further business to come before the Board, and the meeting was adjourned at 10:45 p.m. BOARD OF ADJUSTMENT Page 7 - October 15, 1980 SW Cor C,*w U" 3 Nam. PML Cr -44w- L 40 01 df if x Of 4-j • 0 16, 4 lls-f, - - - - -- ----------------- " f f1ro Gew AA*4 -5-72 -Ci7 -C 06 34we Coe S. lE, Cm Sm Lit 6 rAld AW ftCANOn of prVmjV dF AbK APPROVED I l I.f ?�r�4u��f G arm ol V- FI. 0z' DATE I CITY OF EDMONDS FEE -5 HEARING EXAMINER RECT lk;!)63xf 5844 APPLICATION FOR VARIANCE APO'S HEARING DATE: 1Z APPLICANT —�� el- -ADDRESS- I-V 2 CITY & ZIP. PHONE_ 7, INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY LOCATION OR ADDRESS OF PROPERTY LAKAL LEGAL DESCRIPTION OF PROPERTY 7 TA, CA (—a-- -D. VARIANCE REQUESTED: /6" FOR OFFICE USE ONLY: USE ZONE ZONING ORDINANCE REQUIREMENT: 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 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 public officials and the staff of the City of Edmonds to enter the subject property for the purpose of inspection and pQstin attend to his cation. Representative �'C-p Of --701kki 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? u 2. How does your property differ from other property in the same vicinity? 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? 5. Can you make reasonable use of your property without the variance? 8 dh, .. r. TI - -� EXHIBIT LIST` FILE #V-16A-$2 (rs F 1) Staff Report Ali j 2} Application and Declarations,;. 3} Site Plan and Legal Description ri. ikM iT S f7, } ". 7 i �j i k 4 °j "q PLEASE NOTE: APPLICANT OR REPRESENTATIVE MUST BE PRESENT AT HEARING EXHIBIT 1 }. y STAFF REPORT TO THE HEARING EXAMINER ' FILE #V-16-82 HEARING DATE: JANUARY 6, 1983 q, .. - I. REQUESTED ACTION:' i Variance from the required frontyard setback at 713 Driftwood Lane. 5i Specifically, to allow a 10' front setback instead of the required 25' II. APPLICANT/OWNER: Bruce Warhol 803 Melody Lane tin Edmonds, WA 98020 ,- III. LEGAL DESCRIPTION: (See Exhibit 3) IV. STAFF FINDINGS AND CONCLUSIONS: A Description of the Subject Property and Surrounding Area The subject property contains approximately 15,435 square feet. It is bisected by Northstream Creek. There is a relatively, level plateau on the southern half of the lot, with the remainder sloping steeply to both sides of the creek. The areas to the north and east are developed with single family ka residences. The areas to the west and south are undeveloped. E B. Official Street Map Proposed R/W Existing RlW s= South - Driftwood Place 25' 25' C.. Related Actions x, The subject property was created by Edmonds short subdivision #S-22-74. At that time, the other lot was declared unbuildable (Lot A), which is {' immediately west of the subject property. r, In 1980, a variance (V-29-80) was granted to the applicant to reduce a� the frontyard setback from the east property line to 15'. Because Driftwood `.Place _has _-been placed on the Official Street Map as a public road, the frontyard setback is now from the south property line. f, ;,. PLEASE NOTE: APPLICANT OR REPRESENTATIVE MUST BE PRESENT AT HEARING Exhibit l - File #V-16-82 Pace 2 - Hearing Date: January 6, 1982 D Conformance to Chapter 20.85.010 1. Special Circumstances Special circumstances do exist in this particular case due to If forced to the severe topographic constraints of the lot. meet the required 25' frontyard setback, the building will be forced over the side of the steep bank. n 2 Special Privile_qe The granting of the reque sted variance will not be a grant of developmental limitations special privilege due to the unique of the subject property: 3' Comprehensive Plan The Comprehensive Plan map designates the subject area as low l density residential. yj The proposed variance, if granted, will not be inconsistent with ` 3 the purposes and policies of the Comprehensive Plan. 4. Zoning Ordinance xc, The subject property and surrounding areaarezoned R5-12. The proposed variance, if granted, will not be inconsistent with '- the purposes of the RS-12 zone or Zoning Ordinance. In 5. Not Detrimental R,i The granting of the variance should not be significantly detrimental to the health, l to nearby private property or improvements nor public safety or welfare. , w 6. Minimum Variance -� L The proposed variance appears the minimum necessary to reasonably F; build on the subject property. `t` 7. STAFF RECOMMENDATION r. It is the recommendation of the staff that V-16-82 be approved subject to the following condition: The Applicant shall provide a temporary erosion/sedimentation plan building to protect Northstream Creek with application for a permit. A. ;; 1 X t ' DATEy12 17 .- CITY OF EDMONDS FEE S L7 �'.C1.... HEARING EXAMINER RECT APPLICATION FOR VARIANCE APO'S j HEARING DATE: APPLICANT i3R(-r-r--�,—� 1, �V-.t��L _ ADDRCSS_'�<C� 7 CITY & ZIP4�tb�c,(�:� PHONE 171-7' INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY U1J LOCATION OR ADDRESS OF PROPERTY / J 3t 2 LEGAL DESCRIPTION OF PROPERTY (ACT ( L Wit` VARIANCE REQUESTED: %' Y�ltit�G'T(''1C FOR OFFICE USE ONLY: USE ZONE:r-�__ ZONING ORDINANCE REQUIREMENT : i=�ty'i Yi'�i�i ,i Release/Hold Harmless Agreement -1 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`f_rom 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 public is officials and the staff of the City of Edmonds to enter the subject property for the purpose of `inspection and pQstin attenda taj phis a cation. L ignature o pplicant, Owner or Representative j DECLARATIONS OF APPLICANT ` t ,r Please answer all questions What are the physical characteristics, (i.e. topography, shape ?g of lot, etc.) which create a hardship for you in regard to . development of your property? ^ '75 '/, = t� C (�r Lf ,. .S t �'c !: �'c c�'t= r'. t PiHPP�� `> L�irZi t�lL. t�'mnnv �Clk�flct�� 2.. How does your property differ from other property, in, the same vicinity? 3, Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? s Q r— r. K,yrctsr• # ' is �frr>v lrr',tci 0ouc.Y 11 i cctcr rn El 5, Can you make reasonable use of your property without the variance? Q Lvcva) f3E ftrr' a I� S�11U. $�`c, GSc.t'UG'—� i.U+E:72.i:; (vUl�_—��_ I i .,� St azo (�j h: k r f3U1' _ P �`, ►)t s(- e� /yJkrN` frl U rL i� t�'Yl�'-A� - !l �'�1 Z.l`CY..�CI} 'tlirLE:i a ,fNk I i �I Ex CASED 140k H57 REAM LANE MONUMENT _ - 5 6948 00- W jf - 20 io �a I tr 01, Li _ e 57OS.. ' Is f uct .EGAL DESCRIPTION - — ��C. Q � E HAT P:..^.70N JF C.7.'ERNMENT LOT 4,SECrON 13, TOWNSHIP Z7 �` IO\T.t :'ANGE 3 EAST W M DESCRIBED AS FOLLOWS: BEGINNING `L & 0 T t.iE 50V;n OUACTEC CORNEROFGAIDSECTiON13iTHENCENO'O9 W, z bb • 68e? FEET, T..ENCE N 72'02' W, 556.08 FEET TO THE TRUE POINT Z ! p0 Y fiEG,NNiNG' THENCE CONTINUING N 72'02'W TO THE SOUTHEAST N I.33• W 1 Z� 0= `W;1 OF Or St2. NORTHSTREAM LANE, ACCORDING TO THE PLAT t5 $) - .,E;eLO: QCCO2DEO IN VOLUME 29 OF PLAT-- ON PAGE 87, 72 ��' V) ?ECOve LIS OF SNOHOn.115H COUNTY, WASHINGTON; THENCE SOUTHERLY, ,L(rN�, '.it :'.OJT. C;eL, PROLONGATION OF THE EAST LINE OF 1. L-T 12 .04.74 FEET, THENCE 5 72'O2 E, TO A POINT FROM u j ,-41CH +E T4'VE r'04"T OF BEGINNING BEARS NO* 09'w; THENCE. . � K 4 9 E .. qS`., i ET ZO THE TRUE POINT OF BEGINNING ' I' IOTIE ;EAf!.N(,$ IN PARENTHESIS ARE AS USED IN THE PROPERTY �C,,CCIP I K)N AND ARE BASED UPON A DATUM OTHER THAN AS -n F4n• THE PURPOSE OF THIS SURVEY. BAS15 OF3EAPINGS 20' ! �"'+�PLAT N \ :� ! or I p�r� i6 I-NORTHSTREAM LANE ,{{ _EGENd T4Y F I tt+ OF SE QUARTER CORNER i IC r IKUty: IN WITH PLASTIC CAP NO'O gS91 - VyL��U� SE CORNER OF GOUT LOT v.,, JOF SECTION 13 " Br,E'T) q•r�"' ' Ex CASED MONUMENT PLAT OF SURVEY ' i 4 t � i n r>v ` s h \ ter• \ /J//'`� l*. I OE5CIZ I PT ION ii 'ER^in,tENT LOT 4,5ECT PON 19, iOYv VSHtP 27 '' t k E 5 EAST W M DE5CRtBED A5 t 0t_,LCro,5 BE6:-.;ti t�G r THENCE N 0'09 W, ` z GvARTER CG_NERO. 5%+t'✓' 5ECT{Oni t3; _ �,,�`^� �y Z T'sENCE h 72° CZ' 4L, 555.o5 ✓`EET TO THE IZLJE S�[Jif� w ' �r � TN '7.TtEYCE CJri7°02'W C �i I i5 7p J.. s 32 , NO�'THS"•REAti': LANE. ACirOfc^('}yNG TO THE Pt.AT ,ry OF 2ECG;ZDEZDu ^ VOLL)NIF 23 OF PlLAT5 ON PAGE B7, '";.. u OG S tOt sE3MIS:i CiJUNTy, WA5HiNGTON ; THENCE 5touTHE2LV, ` CrPOINT F NGATfON OF THE .EAST LINE Of _ �' sG tLi ; i i• c , THENCE 5 12`02 E , TO F. 20M L _ ,-iENCE tij T vE. *�'iNy -fF' BEGINNING gEAi2S he O`09'u'�.,T t . V "•ZX7. ,,,;•• r�>✓T :•C> ThfC T iiue i%1,,,'ii;w W 1 5 t-t pl-IZENTHE5t5 ARE AS USED: {N THE PROPEfe'T`Y -10 N ANO ARE BASED UPON A RATUh.I OT6 tER T4 iAP4 AS ? s; THE WIZPOeF OF T41!5 SLnZVF- ' T y r F- -N _ _ 4— WORTHSTREAM LANEEX CASED kAONLOAEtAT ji 89- B HOW ........... 20 w w D 0 z 0 0? w I 9 CC INC .Er,AL c>E6C2lPTl0N, e.,,r --- I & - I HAT Mz -, �_IN, ZW GOvE w m _NT LOT TO�N5;IiP V G 0 bb C�CSCIZ,BED AS FOU_O_,5, BEGINNING Z LIAIGE 3 CAST SECTION 13,THEWE N 0'09 W- Z Z je SOUI., GLIAS2TF C CCor�Nf $Z ()rSAID S I TO THE: -rZ,.E POINT I 58 C-1 Cf, E T, I �C NCE N 72- Cle W- 555.08 FEET OCGNNING' THENCE CONTINUING N 7rCe-W ID THE 5DUTHEA.57r 57 OT 12, NOOT145TIZEAM LANE. ACCOQ0,NG TO THE PLAT 57'. 01. .Va•LC4 eecoZ)rD IN VOLUME 75 OF PLATS. ON PAGE 87, ?ECQ-ZDS or SNOHOMISH COUNTY, WA5HINGN ;THENCE 50 0r roHE: EAST LINE OF 1.4c OTHt:;Z'.v Pf<QI-ONGATlON E, TO A POINT POW to, .A.D C.T Z I04.'74 FEET, THENCE 57Z'0? �S N000g*w,THENCE. ID T;ZIE CXItNT Or BEGINNING BEA l.c - POINT Or BEGINNING qq 5- "ELT 10 THE TRUE Pol W 0 5 IN PAIZENTHE515 ARE AS USED IN THE PROPCWTY LIET;k5- " -I- BASED UPON A DATUM OTHEi? THAN AS 15Ep r,�* THE Vu9ZPC6F- OF THIS SUILIEY- t V,)N AND AL _BA6i5 OF 8EAKIN65 PLAT OF N LANE' SOUTH QUAIZTEe CCRNE:IZ 5 C CORNER OF-Cov T LOT 4 SOUSE --'L.TIO ,EGEND (064; 0 EX CASED MONUMENT 5c r IKON PIN ,KITH PLASTIC CAP NO'O 9891 ri PLAT OF SURVEY . . . . . . . . . . . . . . . . . . r PLEASE NOTE: AF,FICANT OR REPRESENTATIVE ML BE PRESENT Al NEARING EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE #V-16-82 HEARING DATE: JANUARY 6, 1983 ,r> I. REQUESTED ACTION: Variance from the required frontyard setback at 713 Driftwood Lane. Specifically, to allow a 10' front setback instead of the required 251. �Z II. APPLICANTJOWNER: l Bruce Warhol 803 Melody Lane Edmonds, WA 98020 k;. III. LEGAL DESCRIPTION: (See Exhibit 3) IV. STAFF FINDINGS AND CONCLUSIONS: } A Description of the Subject Property and Surrounding Area The subject property contains approximately 15,435 square feet. It is level plateau r is bisected by Northstream Creek. There a relatively the southern half of the lot, with the remainder sloping steeply to on both sides of the creek. The areas to the north and east are developed with single family It residences. The areas to the west and south are undeveloped. q B. Official Street Map Proposed RJW Existing R/W - South - Driftwood Place 25' 25' C. Related Actions The subject property was created by Edmonds short subdivision #S-22-74. At that time, the other lot was declared unbuildable (Lot A), which is immediately west of the subject property. In 1980, a variance (V-29-80) was granted to the applicant to reduce the frontyard setback from the east property line to 15'. Because Map a Driftwood Place has been placed on the Official Street as public road, the frontyard setback is now from the south property line. 11 l,: PLEASE NOTE: AP'7-)ICANT OR REPRESENTATIVE M( BE PRESENT AT HEARING Exhibit 1 - File #V-16-82 Page 2 - Hearing Date: January 6, 1982 D. Conformance to Chapter 20.85.010 1 Special Circumstances Special circumstances do exist in this particular case due to the severe topographic constraints of the lot. If forced to meet the required 251 frontyard setback, the building will be forced over the side of the steep bank. 2. Special Privilege The granting of the requested variance will not be a grant of special privilege due to the unique developmental limitations of the subject property. 3. Comprehensive Plan The Comprehensive Plan map designates the subject area as low density residential. The proposed variance, if granted, will not be inconsistent with the purposes and policies of the Comprehensive Plan. 4. Zoning Ordinance The subject property and surrounding area are zoned RS-12. The proposed variance, if granted, will not be inconsistent with the purposes of the RS-12 zone or Zoning Ordinance. 5. Not Detrimental The granting of the variance should not be significantly detrimental to nearby private property or improvements nor to the public health, safety or welfare. 6. Minimum Variance The proposed variance appears the minimum necessary to reasonably build on the subject property. 7. STAFF RECOMMENDATION It is the recommendation of the staff that V-16-82 be approved subject to the following condition: The Applicant shall provide a temporary erosion/sedimentation plan to protect Northstream Creek with application for a building permit. 77�4' t,' ... �`'� @� j� p jy �] (�� HARVE H, HARRISON O� 1, j{.+r T 6�.ai F E D 1 Y � V B.+.J s'..�1 MAYOR CITY CIVIC CENTER • EDMONDS, WASHINGTON 46020 + (206) 775.2525 i PLANNING DEPARTMENT ;j .. ? DATE: December 28 , 1982 ; TO: Mr. Bruce Warhol ; 803 Melody Lane _ - .Edmonds, WA 98020 P TRANSMITTING: NEARING EXAMINER AGENDA and STAFF REPORT k: RE: V-16-82 N AS YOU REQUESTED': x FOR YOUR INFORMATION': xxx AS WE DISCUSSED: FOR APPROVAL:' FOR YOUR FILE: REVIEW AND COMMENT:, 3 COMMENT AND RETURN MINUTES OF MEETING: REMARKS: PLANNING DEPARTMENT s 1. i� . qq 1 I'Al - lip'l I Eel All 3. s901-7 mil REQUIREMENT,ON THE FOLLOWING APPLICATION-, . SPECIFICALLY REDUCE PROPERTY ADDRESS AND LOCATION 713 DRIFTWOOD LANE I ZONE DISTRICT RS-1_2 PLAZA MEETING ROOM THE HEARING WILL BEGIN AT 7,30 P .M. , IN THE MONX34XIM}6M t iC�i4 �¢tD1� XXX}OCi I Di7ZI�B�X �F�7Wl�XUC�Dt4�1 XV( 3K OF THE LIBRARY BUILDING 650 MAIN STREET 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 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.>227), 252 THE REMOVAL, MUTILATION, DESTRUCTION, OR CONCEALMENT OS NOTICE BEFORE THE DATE WARNING.l. OF THE HEARING HEARINGFS AIM DEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. E R. EXHIBIT LIST FILE #V-16A-82 rh a ' 1) Staff Report 2} Application and Declarations 3) .. .., Site Plan and Legal Description f1 } THAT WASSE WAS THE PACKS T .� ~THIS THE 'HEARING EXAMINER ON 12-3D-82.� <, k s kM 4 f PLEASE NOTE: APPL"`:ANT OR REPRESENTATIVE MUS'1*'�E PRESENT AT HEARING }, EXHIBIT 1 ' STAFF REPORT TO THE HEARING EXAMINER s FILE #V-16-82 HEARING DATE: JANUARY 6, 1983 - I. REQUESTED ACTION:. £3 Variance from the required frontyard setback at 713 Driftwood Lane. setback instead of the required Specifically, to allow a 10''front 25'. II. APPLICANT/OWNER, ;. Y Bruce Warhol 803 Melody Lane t Edmonds, WA 98020 i } III. LEGAL DESCRIPTION: u z (See Exhibit 3) IV. STAFF FINDINGS AND CONCLUSIONS: A Description of the Subject Property and Surrounding Area The subject property contains approximately 15,435 square feet. It is a relatively level plateau r is bisected, by Northstream Creek. _There the,southern half of the lot, with the remainder sloping steeply to `a) on both sides of the creek, fi. The areas to the north and east are developed with single family are undeveloped, - residences; The areas to the west.. and south }; B Official Street Map Proposed R/W Existi n9 R/W , r South - Driftwood Place 25' 25' C. Related Actions �t The subject property was created by Edmonds short subdivision #S-22-74. declared unbuildable {Lot A}, which is 4p" At that time, the other lot was immediately west of the subject property. In 1980, a variance (V-29-80) was granted to the applicant to reduce line to 15'. Because a; the frontyard setback from the east property has been on the Official Street Map as public Driftwood Place placed road, the frontyard setback is now from the south property linee . 3 PLEASE NOTE; APPfz ANT OR REPRESENTATIVE MUS'�, 3E PRESENT AT HEARING t, ;r Exhibit 1 - File 4#V-16-82 Page 2 -Hearing Date: January 6, 1982 } D. Conformance to Chapter 20:85,010' fi 1. Special Circumstances Special circumstances do exist in this particular case due to ' ;" the severe topographic constraints of the lot. If forced to meet _the required 25' frontyard setback, the building will be << forced over the side of the steep bank. 2. Special Privilege { The granting of the.requested>variance will not be a grant of special privilege due to the uniquedevelopmental limitations 4 of the subject property., A 3. Comprehensive Plan The Comprehensive Plan map designates the subject area as low density residential. z The proposed variance, if granted, will not be inconsistent with Al, the purposes and policies of the Comprehensive Plan. 4, Zoning Ordinance The subject property and surrounding area are zoned RS712. The proposed variance, if .granted, will not be inconsistent with the, purposes of°the RS-Z2 zone or Zoning Ordinance. 5, Not Detrimental The granting of the variance should not be significantly detrimental to the health, to nearby private property or improvements not, public safety or welfare. H 6. Minimum Variance The _proposed variance appears the minimum necessary to reasonably build on the subject property. 7. STAFF RECOMMENDATION It is the recommendation of the staff that V-16-82 be approved subject to the following condition: The Applicant shall provide a temporary erosion/sedimentation plan for building permit. to protect Northstream Creek with application a s; a ,: DATE i ,.1 17 CITY OF EDMONDS FEE HEARING EXAMINER RE CT Mks 33't/ �L <'�3.44 + APPLICATION FOR VARIANCE APO'S V HEARING DATE: I jp L�}?LY_'[-�. "�'�lzt.- ADDRESSi"i.=Y f. APPLICANT �t 4 PHONE?�j/_�i`f CITY & ZIP1�iltic�tJ"� - INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY (OL, 7 2 LOCATION OR ADDRESS OF PROPERTY I i J ��! �/Z'`�ca , { LEGAL DESCRIPTION OF PROPERTY1 ,1 k VARIANCE REQUESTED: { 11 5 j FOR OFFICE USE ONLY: USE ZONE. X ZONING ORDINANCE REQUIREMENT: i rt Release/Hold Harmless Agreement The undersigned applicant, his heirs and assigns, in consideration for to indemnify, defend and the City processing the application agrees release, hold the City of Edmonds harmless from any and all damages andJor claims for damages, including reasonable attorneys' fees, arising from any action false, misleading or incomplete - or inaction is based in whole or in part upon 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 Edmonds to enter the subject property officials and the staff of the City of for the purpose of inspection and ppsti atten.dan- tophis cation. Owner or y �s ignature o pplicant, Representative f k F, 6 7 .tb a t, DECLARATIONS OF APPLICANT Please answer all questions 1. What are the physical characteristics, (i.e. topography`, shape of lot, etc.) which crewte a hardship for you in regard to development: of your property? -oily7 ii /SlCDl1EU: 1' Sc r ?.. How does your property differ from other property the same vicinity? �a1� �G14,t t r 3, Will this variance be -detrimental to the public or; .damaging to Y "other property or improvements in the vicinity? ` 47 S� 4. What hardships will result to, if the variance is not granted? Willthesehardships have been caused by your own action? t; � MJ LE;LAII(W T f"+Ul �fZ i l rzr •tltt.L:.)E C 1 Ul[.Gy 't `�', lSJQ C C rfl t1S U{}t.� j� C LOCOFt��' �. F-l.+tATI(2V �7'1i•t'ast/. J 1.L. •I.�I .�i 5.-`Can you make reasonable use of your property without the variance? trt, [:—, t r 'co3 t cf E s /tIF1l�1 l L"'t �c G ui t fur l:ytt_A At �c ter i �f NO RTHSTREAM LANE L;JAOMIMCASED ENT 589 48'00'W 20 iA W ID lPuce w} EGAL DESCRIPTION 0N 13, 70JN5H1P 2 HAT FG W M DESCRIBED AS FOLLOWS' BEGINNING a. yaO+J _k'`. ' O Zz .O IOti i H 'A'vGE 3 EAST T THE SOJ'M CUAZTEC CORNEROVGAIOSECTION I3',THENCE NO`09 W. _ Y ! O Z Z 686_ rFET, T-.CNCE N 72. 02' W. 555.08 FEET TO THE TRUE POINT CONTINUING N 72'�'W TO THE SOUTHEAST 1 N 7/c� w w P,EG.NN�tIG' 7-+ENCE 3 •aER OF .AT I?, NORTHSTREAM LANE. ACCORDING TO THE PLAT 87, (`+ 7�''C2 f W Q ( I ` ..CRLOI- RECORDED IN VOLUME 23 OF PLATS. ON PAGE COUNTY, WASHINGTON; THENCE SOUTHERLY, .1 W l 'ECORDS OF SNOHOMNSH PRUI.Ot`K'A71(7N OF THE EAST LINE OF N N .; tHC 3OUTnEGL,r ..CT 12 �04.T4 FEET, THENCE S 72.02-E, TO A POINT FROM t� W t 1 .A,D ;HIGH —C TL:VC FLINT OF BEGINNING BEARS N0'09'W, THENCE u m EtT' Tb THE TRUE POINT OF BEGINNING � 'p N TOTE iEA .'INLS IN PARENTHESIS ARE A5 USED IN THE PROPE2Ty A5 � 1 L Z / �ESCRIF'I ION AND ARE BASED UPON A DATVNI OTHER TNAr{ ' J5Et7 r"Ll THE PURPOSE OF TH15 SURVEY. - 6A515 OF BEARINGS ' PLAT 16-NORTH54EA /00L M LANE SECORNER SCCORNER OFGOVT LOT46O0FUTHC! TER % 3 _EGE "C MO^+UMET'IT I art II.ajN ."'IN WITH PLASTIC CAP NOO 9891 9T4f'k ^t A.•�" I Ex CASEO Tj PLAT OF SURVEY �xti:brf. 3 i t FINDINGS AND DECISION OF THE HARING EXAMINSR OF THE CITY OFEWIROF THE IT01� OF FILE: V-16-82 10 BRUCEARHOLFOR APPROVALOFA VARIANCE DECISION: The variance is granted subject to the 1.1 conditions INTRODUCTION Bruce Warhol, 803 -4lelody Lane, Edmonds, Washington, 8020, hereinafter referred to as Applicant, has requested approval Washington, and a ten -foot front setback instead of the requireEdmonds, d 25 et. This variance is for property located at 713 Driftwood Lane, s set forth an the attached Exhibit 3. more particularly described a is zoned RS-12 as established in the Edmonds The above described property Community Development Code. A hearing on the request wa onlJanua�ye6, 1the 983aring Examiner of the City of Edmonds, Washington, The following presented testimony at the public hearing: Hank Lewis Planning Department City of Edmonds Edmonds, WA 98020 Bruce Warhol k 803 Melody Lane Edmonds, WA 98020 At the public hearing the following exhibits were presented, introduced and admitted for the record: Exhibit 1 Staff Report - Application and Declaration 3 - Site Plan and Legal Description resented by the Applicant; evidence After due consideration of the evidence p personal inspec- S' elicited during the Public hearing; andurroundingaareaslby thehHearing Examiner, tion of the subject property {` the following findings of fact and conclusions constitute the basis of the decision of the Hearing Examiner. FINDINGS OF FACT back The Applicant has requested a variance from the fronod Laneane,, E dmonds� Washington, standards at property located at 713 Driftwo and more particularly described as set forth on the attached Exhibit 3. he The property is zoned RS-12 requiresraper in fro tyardnsetbackzofe23tfeet�monds Community Development Code i� Findings and Decisron of the of Edmonds Hearing Examiner of the City Re: V-16-82 Page 2 3. 4. 5. 6. 7. 8. 9 The App licant has requested a variance for the specific purpose of allowing a frontyard setback of ten feet instead of the require 25 feet. The property is located on a lot that has a verb steep terrain and is divided by �j�ath�srdevelopablewhich theruns lotthrough tthatharea onrwhich The only area t the Applicant has proposed to construct a house. property. The frontyard setback is the south property line of the subject pro p The City Council of the City of Edmonds recently passed an addition to of Edmonds street map by allowing for a continuation of the City Driftwood Lane. The wPst street, which is the continuation, will e identified as Driftwood The subject property fronts along Driftwood Place. The frontyard setback is off Driftwood Place. licant had purchased the property and designed the structure The App for the proprior to the City Council's action for the addition erty p of Driftwood Place to the Official Street lap. 11. The lot is approximately 15,435 square feet in size. The surrounding properties are zoned as single family residential. The property to the west is unable to be In order for a variance to be granted for the subject property, the Applicant must meet all the staandardsCas set These forth in Section 20.85.01D of the Edmonds community Devel p t necessi- a. Special circumstances relating to the property must ex toting a variance; b. The requested variance must not result in a special privilege being granted to the Applicant; c-. The variance must be consistent with the Comprehensive Policy Plan of the City of Edmonds; d. The variance much bee consistentproperty isith th edpurposes of the zone district in e. The variance must not be significantly detrimental to the public or welfare, nor injurious to the property or improve - health, safety of the same zone; ments of the vicinity f. The variance must be the minimum necessary to allow the property owner the same rights enjoyed by other property owners within the ne same zo 12. The Planning Department of the City of Edmonds reviewed the application t Findings and Decision of the Hearing Examiner of the City of Edmonds Re: V-16-82 Page 3 and applied the criteria as set forth in Section 20,85.010. The Planning Department determined that the application met the criter of this section. 13. Without the setback variance the property would not be able to be developed. Strict adherence to the setbacks would result in the structure on the property being located on steep banks or within the stream bed. 14. With the addition of Driftwood Place on the City's Official Street Map the setbacks for the subject property were changed. Instead of the east property line being the frontyard the south property line is considered the frontyard. 15. The Applicant was originally granted a variance from the required 25-foot frontyard setback from the east property line. This setback was reduced to 15 feet. Because of the change in the determination of frontyards and sideyards this variance is no longer needed. 16. The Planning Department recommended approval of the variance subject to the following condition: The Applicant shall provide a temporary erosion/sedimentation plan to protect Northstream Creek with application for a building permit. 17. No adverse testimony was received on the application. CONCLUSIONS 1. The application is for the approval of a variance from the required frontyard setback standards of 25 feet for property located at 713 Driftwood Lane, Edmonds, Washington, and more particularly described as set forth on Exhibit 3. 2. The specific request is to allow a ten -foot frontyard setback instead of the required 25 feet on the subject property. 3. In order for a variance to be granted in the City of Edmonds con- formity must be shown to all the criteria as listed in Section 20.85.010 of the Edmonds Community Development Code. 4. Special circumstances do exist for the granting of a variance from the frontyard setback. The special circumstances include the severe topography of the site which makes development prohibitive in many areas. 5. The granting of a variance will not be the granting of a special privilege to the Applicant. Because of the City of Edmonds' actions in expanding Driftwood Lane into Driftwood Place the Applicant has been required to seek the frontyard setback variance. 6. The requested variance is consistent with the Comprehensive Policy Findings and Deci.-*;n of the ,- Hearing Examiner or the City of Edmonds Re: V-16-82 Page 4 Plan of the City of Edmonds and is consistent with purposes of the RS-12 zone district in which it is located. 7. The requested variance will not be detrimental to the public health, safety or welfare or injurious to the property or improvements in the vicinity. 8. The variance is the minimum necessary for the proper development of the subject property. 9. The Planning Department has recommended approval subject to the con- dition listed in Finding #16. DECISION Using the findings and conclusions as the basis of the decision, the Hearing Examiner of the City of Edmonds hereby grants the request of the Applicant for a variance from the frontyard setback standards for an RS-12 zone. The variance is granted to allow a frontyard setback of ten feet for property located at 713 Driftwood Lane, Edmonds, Washington. The variance is granted subject to the following conditions: 1. The Applicant shall provide a temporary erosion/sedimentation plan to protect Northstream Creek when applying for a building permit. 2. The variance granted in 1980 to the Applicant and identified as V-29-80 is hereby revoked and is no longer applicable. Entered this 20th day of January, 1983, pursuant to the authority granted under Section 20.100 of the Edmonds Community Development Code. t Ve {J1'1•ating Examiner NOTICE OF RIGHT TO APPEAL Written appeals alleging specific error of fact or other grounds for appeal may be filed with the Planning Department, City of Edmonds, Civic Center, Edmonds, Washington, 98020, within fourteen (14) days of the date of the Hearing Examiner's final action. In this matter, any appeal must be received by the Department prior to 5:00 p.m. on February 3, 1983. i �! NORA,7 THSTi2EAM LANE -EK CASED 041UMENT S 69' 4 000 WW j I -20 N ' NN O , N a 57Z NJ 1 Z .r Og W e, I • 7 I _ f n rry j tp vt O INC � 3 EGAL OE5C2iPTION t TOWNSHIP Z7 $ .O I OO I afar SVE'k"� JI ib: Erl r.r.CNT LOT a,SECTK}N 3, '.Nq vAV:i_ 3 CAST W M OC_ K,BEO AS FOLLOWS' BEGfNN,Nij `ES _ Z ' O - I rHE Vh :,• OUAc'SCC COr-NEKOrSA.DSECTION 13,THENCE NO'09 W. O I. Z= i_I:Nt E N TZ, Cc W. 556 CB rEC7 70 THE 7CVL POINT [� 3 raCL CONTINUING N Te0 2 W TO THE yOUTHEAST W rr•7VTHSTCCAM LANE. ACCORDING TC. THC PLAT t5 0? OS•IN 1 >E0 ,N WLU,,/C 23 Or PLAT$ ON PAGE 87. eJ W 1 'CtOKY Or. SNfJHf)raiS,4 COUNTY, WA514INGTON; THENCE SOUTHERLY, N I t` I., •+t'i:lT..l 4!L• r•4VLONGATION Or THE EAST LINE Or N 'L� ' T A POINT rROM .I W .A,D ..C7 +Z ,O.1 'T4 rCE. T, THCNCE 5 BEA E , O 0C I $ .HK: •a '••t 1i:uL rt•,Nf a' BEGINNING BEARS NO'09 W,THENCE ,v , r. �•� rr4 !.'i I E. l i 10 THC TRUE POINT Or BEGINNING COTE _ ,N THE PROPERTY W IN PAVENTHE515 ARE AS USED ^�- � � z �• �. • ,r•,�,UN Arab AVE BASED UPON A OATUAA OTHER THAN AS \ I. t ., I . 7rjLI• l," i.I(, vUVPOSc Or TH15 SURVEY. ( I BA5150r BEAI{ING5 2O PLAT ti i f Or 'NORTHSTREAM. LANE RrFrU� ySOUTIf OUAVTEV CORNER " .EGE ND 9C. CORNER or -GOUT LOT .r., 1 Or 5ecT,ON•,3 PLASTIC CAP NO'O 9891 `N� ` (. E%. CAC.CO MONUMENT IPLAT OF SURVEY PLEASE NOTE: AF�ICANT OR REPRESENTATIVE M - BE PRESENT AT HEARING EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE #V-16-82 f HEARING DATE: JANUARY 6, 1983` I. REQUESTED ACTION: 4 Variance from the required frontyard setback at 713 Driftwood Lane. Specifically, to allow a 10' front setback instead of the required251. x II. APPLICANT/OWNER: Bruce Warhol b { 803 Melody Lane Edmonds, WA 98020 III. LEGAL DESCRIPTION: { (See Exhibit` 3) IV. STAFF.FINDINGS AND CONCLUSIONS: `of i A. _Descriptionthe Subject Property and Surroundin Area t ; 4 .. The subject property contains approximately 15,435 square feet. It is bisected by Northstream Creek. There is a relatively level plateau on the southern half of the lot, with the remainder sloping steeply to both sides of the creek. The areas to the north and east are developed withsinglefamily residences. The areas to the west and south are'undeve1oped. B. Official Street Map Proposed R/W Existing R/W } South - Driftwood Place 25' 25' s C. Related Actions'( The subject property ,was created by Edmonds short subdivision #S-22-74. ~ At that, time, the other lot was declared unbuildable (Lot A), which is immediately west of the subject; property. In 1980, a variance (V-29-80) was granted to the applicant to reduce the frontyard setback from the east property line to 15'. Because Driftwood Place has been placed on the Official Street Map as a public road, the frontyard setback is now from the south property line.- - { PLEASE NOTE: AFbICANT OR REPRESENTATIVE M' BE PRESENT AT HEARING . Exhibit l - Fide #V-16-82 Page 2 - Hearing Date: January 6, 1982 D. Conformance to Chapter 20.85.010 3 i 1. Special Circumstances Special- circumstances do exist in this particular case due to the severe topographic constraints of the lot. If forced to meet the required 25' frontyard setback, the building ;will be forced over the side of the steep bank. f E i 2; Special Privilege a The granting of the requested variance will not be a grant of special privilege due to the unique developmental limitations '. { of the subject property. 3 Comprehensive Plan The Comprehensive Plan map designates the :subject area as low density residential. The proposed variance, if°granted, will not be inconsistent with the Purposes and policies es_af-theComprehensive Plan.. I 4: Zoning Ordinance 5 The subject property and surrounding area are zoned RS-12. The proposed variance, if granted, will not be inconsistent with the purposes of the 'RS-12`zone'or Zoning Ordinance. 5. Not'Detrimental The granting of, the variance should not be significantly detrimental to nearby private property or improvements nor to the Public health, safety or welfare. 6. Minimum Variance "- The proposed variance appears the minimum necessary to reasonably build on the subject property. 7. STAFF RECOMMENDATION It is the recommendation of the staff that V-16-82 be approved subject to the following condition: The Applicant shall provide a temporary erosion/sedimentation plan to protect Northstream Creek with application for a building permit. --- -- /��c .E-GAL De5C2IPTION T LOT 4.15ECT JON13, TOWTS 3 CA6-, DESCRIBED A.5 BEG":'--46 THE SO,:.- C,:A- EZ CC.Z,E,!OrlA�:>SECTION J3,TiElJCE NO'09W, THE T;CL'E POIN7 ,7 OL 555 L FEET TO T -_EN N 7ZOZ*y 0 THE 5D,) THEA5-, CZ_ � 02T LANE, ACW4Dlt'4G TO 7HE PLAT �N </L1JVIC 25 Or PLATS ON PAGE 87, a" )NT V,5HIt,4GTDN ; THENCE SOUTHERLY, ��--ONGATIC)t Or T�,F EAST LINE 0,- ,-or's �-4 - JT I 2 -04,14 T� ,CE 5"7�-02 E. TO A POINT FROM:HIGH -�i Or . BE:G4r4N.NG 8E4,;�5 No-09-V.ITHENCE riENCF- 10 T.,-- 72UE POINT, OF BEG'""'"G JOT ARE A5 USED IN THE PROPE12TY AND AZE BASE[) Upor-i A DATuki OTHER 2 T"AN A5 'NE PU2P05FE OV T1415 SURVEY. -EGEN , =c --:4 -:,T� PLA5TIC CAP t'AO'D 9891 LL, z IF 4 �4 INC b rs oe w In u u I cl i, BA.515 Or BEARINGS PLAT T OF 6' NOIZTH6TREAM LANE' ir5OL)TH QUARTER CORNER W, r> r- SECTIO P 1�1L1C0 5ECOeNEeor-po�T.LOT;d--� L'O, N 15 EX CASED f i.tUMENT PLAT OF SURVEY