Decision.pdfUTY OF EDMONDS GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH - Edmonds, WA 98020 - (425) 771.0220 - FAX (425) 771-0221
HEARING EXAMINER
In the Matter of the Application of NO. CU -08-20
Robert and Judy Reichler FINDINGS, CONCLUSIONS,
AND DECISION
For a Conditional Use Permit
SUMMARY OF DECISION
The request for a conditional use permit (CUP) to allow placement of a temporary office trailer
to house a medical practice in a Multiple Residential 7.0ne located at 21.827 - 761h Avenue West,
Edmonds is GRANTED, subject to conditions.
Request:
Robert and Judy Reichler (Applicants) requested a CUP to allow placement of a temporary office
trailer in a Multiple Residential zone (RM -2.4). The temporary trailer would serve as an office
in which the Applicant would continue his medical practice while the primary structure on site is
under renovation. The subject property is located at 21827 - 76'x' Avenue West, Edmonds,
Washington.
Hearing Date:
The City of Edmonds Hearing Examiner conducted an open record hearing on the request on
June 19, 2008, The Examiner conducted a site view prior to the hearing.
Testimony:
At the open record hearing, the following individuals presented testimony under oath:
1. Gina Coccia, Planner, City of Edmonds,
2, Dr. Robert Reichler, Applicant
3, Judy Reichler, Applicant
4. Alvin Rutledge
Exhibits:
At the open record hearing the following exhibits were admitted into the record:
1. Planning Division Staff Report, dated June 10, 2008
1 Zoning and Vicinity Map
3. Aerial Site Map
4, Land Use Application
F indings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Reichler CUP, No. CU -08-20 page I of
Incorporated At,igust 11, 1890
Sister Cita -- 1-fekinan, <Japan
5. Criteria Statement (Applicant submittal)
6. Public Notices and Affidavits
7. Technical Committee Routing Forms
8. Correspondence from the Applicant, dated dune 11, 2008, with five color photos attached
Upon consideration of the testimony and exhibits submitted at the open record hearing, the
Hearing Examiner enters the following findings and conclusions:
FINDINGS
1. The Applicant requested a CUP to allow placement of a temporary office trailer in a
Multiple Residential zone (RM -2.4). The temporary trailer would serve as an office in
which the Applicant would continue his medical practice while the primary structure on
site is under renovation. The subject property is located at 21827 - 76"' Avenue West,
Edmonds, Washington. Exhibit 1, page 1; Exhibit 4.
2. The existing medical office building was originally permitted in the RM -2.4 zone by
CUP in 1987. The current expansion/renovation of the structure was approved by CUP
in March 2007. The purpose of the present request to place a temporary structure is to
allow an existing psychiatry practice to continue on-site during construction. Exhibit 1,
page 1; Exhibit 4.
3. The subject property is terraced, sloping down from west to east and vegetated with
existing perimeter landscaping, including trees and shrubs. The temporary office trailer
is placed on the eastern portion of the site. No change in site access is proposed. The
temporary trailer cannot be seen from the public street. Exhibit 1, page 3; Exhibit 8.
4. The site, located at the northeast corner of 76"' Avenue West and 219`h Street SW, is
suixounded by multiple story medical offices; professional offices, and some multi -family
residential development.' Additional uses in the vicinity include Stevens Hospital and
Edmonds Community College on 76`h Avenue and the Top Foods shopping center on
Highway 99. Exhibit 1, page 3; Site Visit.
5. The Comprehensive Plan designation of the subject property is Mixed Use Commercial,
and the site is located within the Medical/Highway 99 Activity Center. Staff identified
the following Comprehensive Plan goals and policies as being applicable to the proposal:
Commercial Development Section, Goal B:
Commercial development in Edmonds shall be located to take advantage of its
unique locational opportunities while being consistent and compatible with the
character of its surrounding neighborhood. All commercial development should
be designated and located so that it is economically feasible to operate a business
and provide goods and services to Edmonds residents and tourists in a safe
convenient and attractive manner; in accordance with the following policy:
The subject property is no longer really a comer lot after vacation of the 219'x` Street SW public right-of-way
pursuant to Ordinance 3565. Exhibit 1, page 4.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Reichler CUP, No. CU -08-20
page 2 of 6
B.1 A sufficient number of sites suited for a variety of commercial uses should
be identified and reserved for these purposes. The great majority of such
sites should be selected from parcels of land already identified in the
comprehensive plan for commercial use and/or zoned for such use.
MedicaUHig_hway 99 Activity Center, Goal A:
Provide for an aesthetically pleasing business and residential community
consisting of a mixed use, pedestrian -friendly atmosphere of attractively designed
and landscaped surroundings and inter -connected development;
A.5 Support a mix of uses without encroaching into single-family
neighborhoods.
Exhibit 1, pages 3-4, Testimony of Ms. Coccia.
5. Pursuant to Edmonds Community Development Code (ECDC) 1.7.70.010, a CUP is
required to approve temporary placement of any structure in any zone and such a permit
maybe valid for only one year, with a onetime one-year extension. ECDC 17.7.010.
7. The subject property has a zoning designation of RM -2.4. The purpose of the RM zone is
to reserve and regulate areas for a variety of housing types at greater densities than are
available in single-family districts and to provide for those additional uses which
complement and are compatible with multiple residential uses. ECDC 16.30.000.
Medical and professional offices are allowed in the RM -2.4 zoning district upon CUP
approval.2 ECDC 16.30.010. C.
8. Uses in the RM -2.4 district must be set back 15 feet from abutting streets and rear
property limes and ten feet from other property boundaries. Maximum lot coverage by
structures in multiple residential zones is 45%. Structures in the RM -2.4 zone are limited
to 25 feet in overall structure height. ECDC 16.30.030(A).
9. The temporary trailer is located in an existing parking lot, set back more than 15 feet
from adjacent 219"' Street SW and from the east property line (rear lot line). It appears to
be placed more than 10 feet from the south property line (side lot line). It is less than 25
feet tall. The trailer occupies approximately 840 square feet of the site, which does not
cause the overall site coverage to exceed 45%. Exhibit 1, page 4.
10. The subject property is currently a construction site, with construction trailers and heavy
equipment. The temporary trailer is located on the lower terrace of the site, away from
construction activities. It has its own vehicle access by a private driveway off of former
219th Street SW. The temporary office serves five or six patients per day. The site
contains 43 off-street parking spaces. With two staff cars and one patient car at a time,
there is an excess of parking available immediately adjacent to the trailer. Exhibit 5;
Exhibit 1, page 5.
Other non-residential uses allowed in the RM zones with CUP approval include (but are not limited to) hospitals,
rest homes, convalescent homes, counseling centers, and residential treatment facilities. ECDC 16.30.010.C.
Findings, Conclusions, and Decision
City ofEdmonds Hearing Examiner
Reichler CUP, No. CU -08-20
page 3 of 6
11. The Applicants intend to remove the trailer immediately upon moving into the renovated
office building. As of the hearing date, The Applicant anticipated construction to be
completed by mid-July. Exhibit 4; Testimony of Dr. Reichler.
12. The City's Technical Committee, comprised of the Engineering Division, Building
Division, and the Fire, Parks and Recreation, and Public Works Departments, reviewed
the proposal. Building noted that the accessible ramp requires building permit approval.
Fire noted that a fire extinguisher must be kept inside the trailer. No adverse comments
were submitted during technical committee review. Exhibit 1, page 3; Exhibit 7.
13. The Applicant indicated that there is a fire extinguisher in the trailer. Testimony of Dr.
Reichler.
14. City staff reviewed the CUP application and recommended approval, subject to
conditions. The Applicants concurred with the City's analysis and agreed to the
recommended conditions of approval as discussed at the public hearing. Exhibit 1, page
7, Testimony of Ms. Coccia, Testimony of Dr. Reichler.
15. Notice of application and notice of hearing were published in The Herald, posted on-site,
and mailed to surrounding property owners within 300 feet consistent with the notice
requirements in the Community Development Code. Exhibit 1, page 2; Exhibit 6.
16. Public comment offered at the hearing related to potential crime in the area and expressed
a desire that the Police Department be informed of the placement of the temporary trailer.
Testimony of Mr. Rutledge. Planning Staff indicated that it is not routine for the Police
Department to receive notification of new structures or CUPs. Testimony of Ms. Caccia.
The Applicant testified that patrolmen routinely drive by the site because of the ongoing
construction activities. Testimony of Dr. Reichler.
CONCLUSIONS
Jurisdiction:
The Hearing Examiner has jurisdiction to hear and decide CUP requests pursuant to ECDC
20.100.010.A.3 and 20.05.010.
Criteria for Review:
Pursuant to ECDC 20.05.010, the Hearing Examiner may not approve a CUP unless the
following findings can be made:
A. That the proposed use is consistent with the comprehensive plan;
B. Zoning Ordinance. That the proposed use, and its location, is consistent with
the purposes of the zoning ordinance and the purposes of the zoning district in
which the use is to be located, and that the proposed use will meet all
applicable requirements of the zoning ordinance;
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Reichler CUP, No. CU -08-20
page 4 of 6
C. 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;
and
D. Transferability. The hearing examiner shall determine whether the
conditional use permit shall run with the land or shall be personal.
Conclusions Based on Findings:
1. The proposed use is compatible with the goals and policies applicable to the Medicau
Highway 99 Activity Center land use designation. The temporary use would have no
impact on pedestrian facilities or existing uses. Findings Nos. 1, 5, and 10.
2. The proposed temporary use in the proposed location is consistent with the purposes of
the RM zoning district. The trailer complies with the RM district site coverage,
dimensional, and setback standards. It resembles the construction trailers already on-site
and cannot be seen from the public street. Compliance with development standards
would be further confirmed at time of building permit review for the accessible ramp.
The trailer would be removed as soon as construction is completed on the primary on-site
structure. Findings Nos. 2, 3, 7, 8, 9, 10, and 11.
3. As conditioned, the proposed use would not be detrimental to the public health, safety, or
welfare, and would not have adverse impacts on surrounding uses, The use is not visible
from the street. It attracts low traffic volumes and there is an excess of parking available
on-site. The trailer does not create noise, glare, or disruption and it will not impact the
surrounding uses. Conditions of approval would ensure that the temporary use conforms
to all building and fire code requirements and that the trailer is removed in a timely
fashion. Findings Nos. 10, 11, 12, 13, and 14.
4. The proposed CUP would not be transferable.
DECISION
Based on the preceding Findings and Conclusions, the request for a CUP to allow placement of a
temporary office trailer for a medical practice in a Multiple Residential zone (MR -2.4) located at
21827 - 76d' Avenue West, Edmonds is GRANTED, subject to the following conditions:
1. The timing of the removal of the temporary office trailer shall be consistent with the
requirements of the City Building Official.
2. The Applicant shall obtain a building permit for the required accessible ramp.
3. The Applicant shall keep afire extinguisher (size 2A1 O:B:C) inside the trailer.
4. The conditional use permit shall not be transferable.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Reichler CUP, No. CU -08-20
page 5 of 6
5. This application is subject to the applicable requirements contained in the Edmonds
Community Development Code (ECDC). It is the responsibility of the Applicant to
ensure compliance with the various provisions contained in these ordinances.
6. CUP approval is limited to a period of one year from the date of approval, after which it
shall expire and become null and void, unless the Applicant files an application for an
extension of time before expiration and the City approves the application. Only one one-
year extension shall be allowed.
DECIDED this 3d day of July 2007.
Findings, Conclusions, and 1kcision
Cil} of Edmonds Hearing Examiner
Reichler CUP, No. CU -08-20
Toweill Rice Taylor LLC
City of Edmonds Hearing Examiners
By:
Sharon A. Rice
page 6 qf 6
RECONSIDERATION AND APPEAL
The following is a summary of the deadlines and procedures for filing requests for reconsideration and
appeals. Any person wishing to file or respond to a request for „reconsideration or an appeal should
contact the Planning Division of the Development Services De artment for further procedural
information.
REQUEST FOR RECONSIDERATION
Section 20.100.010(G) of the Edmonds Community Development Code (ECDC) requires the Hearing
Examiner to reconsider his or her 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.
APPEALS
Chapter 20.105 of the ECDC contains the appeal procedures for Hearing Examiner decisions. Pursuant to
Section 20.105.040(A), persons entitled to appeal include (1) the Applicant; (2) anyone who has
submitted a written document to the City of Edmonds concerning the application prior to or at the
hearing; or (3) anyone testifying on the application at the hearing. Sections 20.105.020(A) requires
appeals to be in writing, and state (1) the decision being appealed, the name of the project applicant, and
the date of the decision; (2) the name and address of the person (or group) appealing the decision, and his
or her interest in the matter; and (3) the reasons why the person appealing believes the decision to be
wrong. Pursuant to Section 20.105.020(B), the appeal must be filed with the Director of the Development
Services Department within 14 calendar days after the date of the decision being appealed. The appeal
must be accompanied by any required appeal fee.
TIME LIMITS FOR RECONSIDERATION AND APPEAL
The time limits for Reconsideration and Appeal run concurrently. If a request for reconsideration is filed
before the time limit for filing an appeal has expired, the time clock for filing an appeal is stopped until a
decision on the reconsideration request is completed. Once the Hearing Examiner has issued his or her
decision on the reconsideration request, the time clock for filing; an appeal continues from the point it was
stopped. For example, if reconsideration request is filed on day five of the appeal period, an individual
would have nine more days in which to file an appeal after the Hearing Examiner issues his decision on
the reconsideration request.
LAPSE OF APPROVAL
Section 20.05.020(C) of the ECDC states: "Time Limit. Unless the owner obtains a building permit, or if
no building permit 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."
NOTICE TO COUNTY ASSESSOR
The property owner may, as a result of the decision rendered by the Hearing Examiner, request a change
in the valuation of the property by the Snohomish County Assessors Office.
" 1) ('. 1 S 9 11
121 STH AVENUE NoR,ni - Edmonds, WA 98020 - (425) 771.0220 - FAX (425) 771-0221
HEARING EXAMINER
APPLICANT
Dr. Robert and Judy Reichler
For a Conditional Use Permit
1, Sharon A. Rice, the undersigned, do hereby declare:
Case No. CU -08-20
I That I am a partner in the firm of Toweill Rice Taylor LLC, which maintains a professional services
agreement with the City of Edmonds, Washington for the provision of Hearing Examiner services, and
make this declaration in that capacity;
2, That I am now and at all times herein mentioned have been a citizen of the United States, a resident of the
State of Washington, over the age of eighteen (18), and competent to be a witness and make service herein;
3. That on July 2, 20081 did serve a copy of the decision in case CU -08-20 upon the following individuals at
the addresses below by first class US Mail,
Lir. Robert and Judy Reichler
21827 — 76"' Avenue West
Edmonds, WA 98026
Alvin Rutledge
7101 Lake Ballinger Way
Edmonds, WA 98026
Clerk of the Edmonds City Council
121 Fifth Avenue North, First Floor
Edmonds, WA 98020
The following City Departments, in care of the Planning Division:
City of Edmonds Planning Division
City of Edmonds Building Division
City of Edmonds Engineering Division
City of Edmonds Fire Department
121 Fifth Avenue North, First Floor
Edmonds, WA 98020
I hereby declare wider penalty of perjury wider the laws of the State of Washington that the foregoing is true and
correct:
DATED THIS day of J
2008 at!.a Washington.
Sharon A. Rice, City of Edmonds He�—ring ]UiiTi'iI
lncorporatedAi,igust 11, 1890
Sister City - Flej�jnan, Japan