CU-96-32 Staff Report.pdfCITY OF EDMONDS
250 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION
ADVISORY REPORT
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS
Hearing Date, Time, And Place:
April 4, 1996, At 9:00 AM,
Plaza Room - Edmonds Library
650 Main Street
TABLE OF CONTENTS
Section Page
I. INTRODUCTION.................................................................................................................................................... 2
A. APPLICATION...............................................................................................................................................2
B. DESCRIPTION OF PROPOSAL.........................................................................................................................2
C. RECOMMENDATIONS...................................................................................................................................2
II. FINDINGS OF FACT AND CONCLUSIONS.....................................................................................................3
A. SITE DESCRIPTION.......................................................................................................................................3
B. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE........................................................ 3
C. TECHNICAL COMMITTEE............................................................................................................................. 5
HI. RECONSIDERATIONS AND APPEALS.......................................................................................................... 5
A. REQUEST FOR RECONSIDERATION............................................................................................................... 5
B. APPEALS...................................................................................................................................................... 6
IV. LAPSE OF APPROVAL...................................................................................................................................... 6
V. APPENDICES.........................................................................................................................................................6
VI. PARTIES OF RECORD.......................................................................................................................................6
CU-9632.DOC / March 27, 1996 / Staff Report
To:
onnell, He r' g Examiner
From:
Aep
n Bullock
Assistant Planner
Date:
MARCH 19, 1996
File:
CU -96-32
Hearing Date, Time, And Place:
April 4, 1996, At 9:00 AM,
Plaza Room - Edmonds Library
650 Main Street
TABLE OF CONTENTS
Section Page
I. INTRODUCTION.................................................................................................................................................... 2
A. APPLICATION...............................................................................................................................................2
B. DESCRIPTION OF PROPOSAL.........................................................................................................................2
C. RECOMMENDATIONS...................................................................................................................................2
II. FINDINGS OF FACT AND CONCLUSIONS.....................................................................................................3
A. SITE DESCRIPTION.......................................................................................................................................3
B. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE........................................................ 3
C. TECHNICAL COMMITTEE............................................................................................................................. 5
HI. RECONSIDERATIONS AND APPEALS.......................................................................................................... 5
A. REQUEST FOR RECONSIDERATION............................................................................................................... 5
B. APPEALS...................................................................................................................................................... 6
IV. LAPSE OF APPROVAL...................................................................................................................................... 6
V. APPENDICES.........................................................................................................................................................6
VI. PARTIES OF RECORD.......................................................................................................................................6
CU-9632.DOC / March 27, 1996 / Staff Report
Basketball Travelers
File No. CU -96-32
Page 2 of 6
I. INTRODUCTION
A. Application
1. Applicant: Basketball Travelers (see Attachment 2).
2. Site Location: 225 4th Avenue S. (see Attachment 1).
3. Request: A Conditional Use Permit to allow an Office in an Multi -Family Residential
(RM -1.5) zone. This office will occupy an existing building that has been a single-family
residence in the past.
4. Review Process: Conditional Use Permit; Hearing Examiner conducts public hearing and
makes final decision.
5. Major Issues:
a. Compliance with Edmonds Community Development Code (ECDC) Section 16.50.010
(Multi -Family Residential - Uses).
b. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.05
(CONDITIONAL USE PERMITS).
B. Description of Proposal
The subject property is located at 225 4th Avenue South, and while developed as a single family
detached house, the current proposal requests the approval of using the existing structure for an
office. The applicant has stated in their declarations that their business would operate during
typical business hours and that it would not generate any traffic due to the fact that all business is
done over the phone. Approximately five parking stalls should be able to be provided off of the
alley which will limit any impact to the neighborhood in the way of on street parking.
C. Recommendations
Based on statements of Fact, Conclusions, and Attachments in this report we recommend
approval of this Conditional Use Permit subject to the following conditions:
1. This application is subject to the applicable requirements contained in the Edmonds
Community Development Code. It is the responsibility of the applicant to ensure compliance
with the various provisions contained in these ordinances.
2. This permit shall be valid for a period of one year from the date of approval of the Conditional
Use Permit to the date of submittal for any Building Permits or a Business License. An
allowance for one extension of one year is possible if approved by the Community
Development Director.
3. This permit shall be good for any proposed office use that will not provide any on site
customer service or merchandise. Any business wishing to make use of this Conditional Use
Permit on this property would not be able to do so without demonstrating their ability to have
the same impact or less than the proposed Basketball Travelers office.
4. Striping must be provided across the parking area adjacent to the alley to demark each stall at
8'/2' x 18' and keep tandem (head to tail) parking from occurring.
5. The permit should be transferable.
CU-9632.DOC / March 27, 1996 / Staff Report
Basketball Travelers
File No. CU -96-32
Page 3 of 6
II. FINDINGS OF FACT AND CONCLUSIONS
A. Site Description
1. Site Development, Neighboring Development, And Zoning:
a) Facts:
(1) Size: The subject property is a square of 5,400 square feet (see Attachments 1 &3).
(2) Land Use: The property is currently developed with a single-family residence.
(3) Zoning: The zoning of the subject property is Multi -Family -Residential (RM -1.5)
(see Attachment 1).
(4) Terrain and Vegetation: The subject property is flat with limited ornamental
landscaping.
2. Surrounding Development and Zoning:
a) Facts:
(1) North: This area is currently zoned under the RM -1.5 zoning designation and is
developed with single family homes (see Attachment 1).
(2) South: This area is currently zoned under the RM -1.5 zoning designation and is
developed with single family homes (see Attachment 1).
(3) West: This area is currently zoned under the RM -1.5 zoning designation and is
developed with single family homes (see Attachment 1).
(4) East: This area is currently zoned under the BC zoning designation and is developed
with commercial businesses (see Attachment 1).
B. Edmonds Community Development Code (ECDC) Compliance
1. Compliance with ECDC Section 16.30.010 (MULTI -FAMILY
RESIDENTIAL - USES)
a) Facts
(1) Offices are a permitted use requiring a conditional use permit in the RM -1.5 zone,
per ECDC 16.30.010.
(2) Parking facilities are required to comply with provisions of ECDC Chapter 17.50
(Off -Street Parking Regulations).
b) Conclusions:
(1) A Conditional Use Permit is required to allow the establishment of offices in a multi-
family zone. If a Conditional Use Permit is granted, the use will be consistent with
the Edmonds Community Development Code.
(2) Parking provided for the proposed office shall comply with the Edmonds Community
Development Code.
CU-9632.DOC / March 27, 1996 / Staff Report
Basketball Travelers
File No. CU -96-32
Page 4 of 6
2. Compliance with Code (ECDC) Chapter 20.05 (CONDITIONAL USE
PERMITS)
a) Facts:
(1) ECDC Section 20.05 contains the review and approval criteria for Conditional Use
Permits. According to the aforementioned code section, "No Conditional Use Permit
may be approved unless all the findings in this section can be made." The findings
are as follows:
• Comprehensive Plan - The proposed use is compatible with the Comprehensive
Plan.
• Zoning Ordinance - That the proposed use, and its location, is consistent with the
purposes of the Zoning Ordinance and the purpose of the zone district in which
the use is to be located, and that the proposed use will meet all the applicable
requirements of the Zoning Ordinance.
• Not Detrimental - That the use, as approved or conditionally approved, will not
be significantly detrimental to the public health, safety, and welfare, and to
nearby private property or improvements unless the use is a public necessity.
• Transferability - The Hearing Examiner shall determine whether the conditional
use permit shall run with the land or shall be personal.
(2) The applicants have stated in their declarations the following:
• No additions to the existing house will be associated with this permit;
• No walk-in traffic;
• No signs on the property;
• Hours of operation 7:30am-6pm;
• Five parking stalls will be provided on site.
b) Conclusions:
(1) See Section II.13.6 (page 5) of this report for a discussion on how this proposal is
consistent with the Comprehensive Plan for the City of Edmonds.
(2) See Section II.B.l (page 3) of this report for a discussion on how this proposal is
consistent with the Zoning Code for the City of Edmonds.
(3) Due to the description of the proposed office and how it will be run, this proposal
will have no significant impact to surrounding properties. Therefore, the proposed
office will not be detrimental to the public health, safety and welfare.
(4) The permit should be transferable.
(5) The conditional use permit for an office should be approved because it complies with
the criteria for a Conditional Use Permit.
3. Compliance with ECDC Section 17.50 (OFF-STREET PARKING
REGULATIONS)
a) Facts•
(1) An analysis of the proposed office and the ECDC parking requirement reveals that 2
parking stalls will be required.
(2) The site plan indicates five parking spaces will be provided on the east side of the
site off of the alley (see Attachment 3).
CU-9632.DOC / March 27, 1996 / Staff Report
Basketball Travelers
File No. CU -96-32
Page 5 of 6
b) Conclusion:
(1) The parking requirement for an office of this size is met by the current proposal.
4. Compliance with the City of Edmonds Comprehensive Plan
a) Facts: The City of Edmonds Comprehensive Plan has some goals and policies stated in
the Land Use element under Commercial Land Use which relate to the subject
development proposal.
(1) Commercial Land Use A. "...It is essential that future conunercial developments
continue to harmonize and enhance the residential small town character of Edmonds
that its citizens so strongly desire to retain. By the same token, the City should
develop a partnership with business, citizens and residents to help it grow and
prosper... "
(2) Commercial Land Use 13.4. "The design and location of all commercial sites should
provide for convenient and save access for customers, employees and suppliers. "
(3) Commercial Land Use 13.5. "All commercial developments should be carefully
located and designed to eliminate or minimize the adverse impacts of heavy traffic
volume and other related problems on surrounding land uses. "
(4) The Comprehensive Plan designates the subject property High Density Residential.
b) Conclusions:
(1) The proposed building and use is located in a high density residential area, adjacent
to the Mixed Use Commercial designation on the comprehensive plan and is
therefore consistent with the comprehensive plan for its location.
(2) The proposal is located in an area which provides for convenient and save access for
all those who may use the facility.
(3) The proposed project is consistent with the Comprehensive Plan and the High
Density Residential and Mixed Use Commercial designation.
C. Technical Committee
1. The proposed Conditional Use Permit has been reviewed and evaluated
by other Departments/Divisions of the City.
a) The Engineering Department stated their concern that tandem parking would not be
allowed. Also, parking stalls located on the paved area to the east of the building must be
striped to keep tandem parking from occurring.
III. RECONSIDERATIONS AND APPEALS
The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any
person wishing to file or respond to a recommendation or appeal should contact the Planning Department
for further procedural information.
A. Request for Reconsideration
Section 20.100.010.G allows for the Hearing Examiner to reconsider his decision or
recommendation if a written request is filed within ten (10) working days of the date of the initial
decision by any person who attends the public hearing and signs the attendance register and/or
presents testimony or by any person holding an ownership interest in a tract of land which is the
subject of such decision or recommendation. The reconsideration request must cite specific
references to the findings and/or the criteria contained in the ordinances governing the type of
application being reviewed.
CU-9632.DOC / March 27, 1996 / Staff Report
Basketball Travelers
File No. CU -96-32
Page 6 of 6
B. Appeals
Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or
recommendation shall be made. The appeal shall be made in writing, and shall include the
decision being appealed along with the name of the project and the date of the decision, the name
of the individual or group appealing the decision, their interest in the matter, and reasons why the
appellant believes the decision to be wrong. The appeal must be filed with the Community
Development Director within ten (10) working days after the date of the decision being appealed.
IV. LAPSE OF APPROVAL
Section 20.05.020.0 states 'Unless the owner obtains a building permit, or if no building is required,
substantially commences the use allowed within one year from the date of approval, the conditional use
permit shall expire and be null and void, unless the owner files an application for an extension of the time
before the expiration date.'
V. APPENDICES
Attachments 1 through 5 are attached
1. Vicinity and Zoning Map
2. Application
3. Applicant's Declaration
4. Site Plan
5. Letter from Mrs. Carol P. Elwell
VI. PARTIES OF RECORD
Applicant
Planning Division
Engineering Division
Mrs. Carol P. Elwell
CU -9632.130C / March 27, 1996 / Staff Report
Vicinity •Zoning Map
Attachment 1
File# S-96-32
city of ec lionds
landuseapplication
❑ ARCHITECTURAL DESIGN BOARD
❑ COMP PLAN AMENDMENT
CONDITIONAL USE PERMIT
❑ HOME OCCUPATION
❑ FORMAL SUBDIVISION
❑ SHORT SUBDIVISION
❑ LOT LINE ADJUSTMENT
❑ PLANNED RESIDENTIAL DEVELOPMENT
❑ OFFICIAL STREET MAP AMENDMENT /
STREET VACATION
❑ REZONE
0 SHORELINE PERMIT
❑ VARIANCE / REASONABLE USE
EXCEPTION
❑ OTHER
FILE # Cil% V) - ZONE
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HEARING DATE
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ACTION TAKEN:
❑ APPROVED ❑ DENIED ❑ APPEALED
APPEAL#
Applicant 1��'>,�4�i� ' a����.� Phone 1 !
Address #� tw c i ` .r - i lk cl Ilt
Property Address or Location -Z_2�5 44, Avg.. S,
Property Owner %VQQ1 140C-te- Phone ":TC-3 .4 Z
Address 7 V5�I 4' t w •vis
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Details of Project or Proposed Use
The undersigned applicant, and his/ her/ its heirs, and assigns, in consideration of the processing of the
application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all
damages, including reasonable attorney's fees, arising from any action or infraction based in whole or in part upon
false, misleading, inaccurate or incomplete information furnished by the applicant, his/ her/ its agents or
employees,
The undersigned applicant grants his/ her/ 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 to this application.
ATTACHMENT 2
File No. CU -96-32
March 12, 1996
City of Edmonds
Jeff Wilson
250 5th Avenue N
Edmonds, WA 98020.
Dear Jeff,
9233 Holman Road NW
Seattle, WA USA 98117
Phone: (206) 781-1774
Fax: (206) 781-0557
The purpose of this letter is to give you our criteria for a conditional use permit. We have
already completed the other required application procedures and now submit our criteria:
A. Comprehensive Plan - The proposed use of the property at 225 4th Avenue South is
consistent with this plan.
B. Zoning Ordinance - The proposed use and it's location are consistent with the
purposes of the zoning ordinance and the zone district in which the use is to be
located. The proposed use will meet all applicable requirements of the zoning
ordinance.
C. Not Detrimental - Basketball Travelers, Inc. is a business that communicates with its
clients by phone, fax, or visits on the campuses of various NCAA universities across
the USA. There is no walls -in traffic!
To express to you that having our business located on this site will not be
detrimental to the public health, safety, and welfare, or to near -by private property, I
give you the following:
1. We will not make any building additions, this house will remain the same as it is
now.
2. There is no walk-in traffic coming to the house.
3. We have 7 employees, of which 2 are part-time. There are 5 paved parking places
on the lot in addition to a 2 car garage, so all vehicles will be parked on the
property. We will not need on street parking. My partner commutes from
Bremerton and will walk from the ferry, so he will not have a car.
4. No signs of any kind will be posted outside of the property or in the windows of
said property.
5. All of the property on the east side of this property is zoned for commercial use.
There are full-time businesses presently on this same street: one is located just one
house away on the same side of the street and the businesses are on the corner,
kiddy -corner, across the same street. They have signs, walk-in clients, etc., which
we will not have.
6. Our employees work 7-8 hours between the hours of 7:30am-6pm. We are not
there at night, so we would not disturb any neighbors. In addition, we will not
have parties or any other types of functions at nights that would upset any
neighbors.
ATTACHMENT 3
File No. CU -96-32
7. Our business is organizing basketball games in various cities around the world for
all levels of basketball teams, except NBA teams. We do not build, sell, or
manufacture products of any kind. As previously stated, we communicate by mail,
fax, phone, or out-of-town visits.
D. Transferability - We would prefer that the transferability of the conditional use permit
shall go with the land. If the city planner finds this inappropriate, then we have no
objection for the permit to go with our company.
The main purpose and interest in this home is that it is the closest available home, in our
price range, to the ferry. My partner moved to Bremerton during our present lease. In
moving our business to Edmonds from the Ballard area, his commute time will be greatly
reduced and he will be able to walls to the house from the ferry.
I have been looking at various locations since September 1995, and have found this home
to best fit our needs, while still conforming to the criteria set forth by the city of Edmonds
conditional use permit.
Your immediate attention to this matter is appreciated.
Sincerely,
f
Nels J. Hawkinson
Executive Director
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Mro. Carol P. Elwell
242 4th Ave. 5. #1
Edmonds, Wa. 96020-3541
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File No. CU -96-32