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Decision A-1-1988.pdfFINDINGS AND DECISION OF THE PLANNING STAFF OF THE CITY OF EDMONDS DECISION: The request is APPROVED, based upon the findings and conditions listed below. INTRODUCTION Kevin Suydam, of 17839 Talbot Road and hereafter referred to as the Applicant, has requested setback adjustments for a single family residence at 1104 12th Ave. N., Edmonds. The request is File No. A-1-88. The Applicant has submitted an application for a setback adjustment to reduce the normally required street setbacks of 25 feet to 21 feet from 12th Ave. N. and 13 feet from a private access easement to allow a single story garage. On March 29, 1988, a public hearing was held on the matter before the Assistant City Planner of the City of Edmonds, as allowed by Chapter 20.95.050 of the Edmonds Community Development Code (ECDC). Notice of the hearing was posted and mailed as required by Chapter 20.90 of the ECDC. At the hearing, the following presented testimony: Kevin Suydam 17839 Talbot Road Edmonds, WA 98020 Don & Janet Ralston 19810 Maplewood Dr. Edmonds, WA 98020 Gertrude Domenici 19804 Maplewood Dr. Edmonds, WA 98020 Mark McKenize P.O. Box 12053 Mill Creek, WA 98012 Derrill Bastian 3500 188th St. S.W. Lynnwood, WA 98036 The following exhibits were entered as exhibits: 1. Contour Vicinity Map 2. Proposed Plot Plan 3. Proposed Building Elevation 4. Ralston Letter 5. Proposed Building Elevation showing Maximum Height 6. Building Height Calculation Pian w/Domenici Lawn Elevation 7. Application form Staff Decision Page 2 A-1-88 After consideration of the evidence and testimony presented at the hearing, review of the setback adjustment standards contained in the ECDC, and as a result of an investigation of the subject property and surrounding areas by the Assistant City Planner, the following constitutes the basis for the decision to approve the setback adjustment request. FACTS 1. The Applicant has requested setback adjustments to reduce the required 25 foot street setback to 21 feet and to reduce the required 25 foot setback from the private easement on the south line to 13 feet for a proposed addition to the residence under construction at 1104 12th Ave. N. 2. The subject property is zoned RS -12, as area all the surrounding properties. 3. Setback adjustments are allowed in this zone district. Any two required setbacks may be reduced up to 50%, if they comply with the review criteria of Chapter 20.50 of the ECDC. According to Section 20.50.020 (A) of the ECDC, the following must be taken into account in reaching a decision on a setback adjustment request: a. Vehicle maneuvering space. b. Topography of the lot and surrounding areas. c. Shape of the lot. d. The location and size of adjoining setbacks and open spaces. e. The location, size, orientation and views of nearby houses. 4. The Applicant testified that he has revised his building permit application to place bedrooms over the garage. His request is to simply allow him to have a one story third car garage on the south side of the house. He testified that the maximum height of the roof on the garage would be even or below the lawn elevation of the property located to the east (Domenici property). 5. The Applicant testified that he felt the request would not be detrimental to any neighboring property and that it met the review criteria for a setback adjustment. 6. Witness Bastian, representing Mrs. Dominici, testified in opposition to the setback adjustment request. He stated that the plans were not clearly depicting the request, the building height was not shown and that the encroachment could impact the future Staff Decision A-1-88 Page 3 use of Mrs. Dominici's access easement which crosses the southern 25 feet of the Applicant's property. 7. Witness Bastian further testified that the proposed should also be reviewed under the variance criteria set forth in Chapter 20.85 of the ECDC. He felt that the proposed plan did not comply with the setback adjustment criteria. 8. Witness Don Ralston testified that not enough information was. contained in the application. The height of the garage was not shown on the building elevation (Exhibit 3). 9. Based upon the questions raised in the hearing, the Applicant was requested to submit exact height elevations for the roof of the garage and the ground elevation of the Dominici lawn directly behind the garage. These were submitted on April 30, 1988 and are entered as Exhibits 5 and 6. CONCLUSIONS 1. The Applicant is seeking setback adjustments to reduce the required 25 foot setback from the street and access easement to 21 feet and 13 feet, respectively, to allow the construction of a third car garage on the residence under construction at 1104 12th Ave. N. 2. Setback adjustments are allowed per Chapter 20.50 of the ECDC. The review criteria are outlined in the above findings. 3. The primary concern with the application is potential view impact and the effect it potentially could have on development of the private access easement on the south 25 feet of the subject property. 4. With proper conditions, the proposed setback adjustments should not block any views. 5. The proposed setback adjustment from the private access easement should not affect the development of the easement. There is substantial separations between all the homes in the immediate area. 6. The proposed setback adjustments will allow an aesthetic addition to the residence in keeping with the other homes in the immediate vicinity. 7. Opposition to the setback adjustments was presented at the hearing and is outlined in the above findings. Staff Decision A-1-88 DECISION Page 4 The intent of the setback adjustment process is to allow flexibility in setback requirements to allow for preservation of a natural feature or creative design. In this particular case, it is the latter that applies. A three car garage is typical with the newer homes in the Applicant's neighborhood. Further, the garage will aesthetically finish the south end of the house. Based upon the the preceding findings of fact and conclusions and the testimony and evidence submitted by the parties, it is hereby ordered that the requested setback adjustments be APPROVED, subject to the following conditions: 1. The maximum height of the roof over the third garage shall be elevation 348.3, which is the height elevation of the lawn on the Dominici property to the east. 2. The Applicant and any heirs or assigns are hereby notified that the setback adjustment shall not be considered as valid grounds to deny the development of the access easement, as long as the development meets all present or future code requirements. 3. The setback adjustments are limited to those shown on Exhibit 2, 4. The building design shall be substantially the same for the third car garage as shown in Exhibit 3, attached to this decision. DONE and DATED this 4th day of April, 1 8. r Duane V. Bowman Assistant City Planner NOTICE OF RIGHT TO APPEAL Written appeals alleging specific error of fact or other grounds for appeal may be filed with the Planning Division of the City of Edmonds, 250 5th Ave. N., Edmonds, WA 98020 within ten (10) working days of the date of the setback adjustment approval noted above. In this matter, any appeal must be received by the Planning Division prior to 5:00 p.m. April 18, 1988.