ENG20080076-Etzler-Street Map Amend-20323 81st Ave.pdfr'�) C. 1 ggv
CITY OF EDMONDS GARY HAAKENSON
MAYOR
121 STH AVENUE NORTH • Edmonds, WA 98020 • (425) 771-0220 • FAX (425) 771-0221
HEARING EXAMINER
In the Matter of the Application of ) NO. ENG -2008-76
Don and Claudia Etzler j
j FINDINGS, CONCLUSIONS,
AND RECOMMENDATION
For an Official Street Map Amendment )
SUMMARY OF RECOMMENDATION
The hearing examiner recommends that the request for an official street map amendment to
reduce the width of the required dedication: for 203rd Street SW adjacent to the single-family
residential property located at 20323 — 81" Avenue W be GRANTED reducing the width of the
dedication from 30 feet to 15 feet.
SUMMARY OF RECORD
Request:
Don and Claudia Etzler (Applicants) requested an official street map amendment to reduce the
width of the required right-of-way dedication from 30 feet to 15 feet for the segment of 203 d
Street SW adjacent to the single-family residential property located at 20323 --- 81s' Avenue W in
Edmonds, Washington.
Hearin; Date:
The City of Edmonds Hearing Examiner conducted an open record hearing on the request on
April 3, 2008, The Hearing Examiner conducted a site view prior to the hearing.
Testimony:
At the open record hearing, the following individuals presented testimony under oath:
1. Jeanie McConnell, Engineer, City of Edmonds
2, Jen Machuga, Planner, City of Edmonds
3. Don Etzler, Applicant
4. Claudia Etzler, Applicant
5, Alvin Rutledge
Exhibits:
At the open record hearing the following exhibits were admitted into the record:
Exhibit A Planning and Engineering Divisions Staff Report, dated March 25, 2008
Exhibit 1 Land use application
.Findings, Conclusions, and Recommendation
City of Edmonds Ilearing Examiner
Etzler Oficial Street Map A inendinent, No. ENG -2008-76 page 1 of 6
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Exhibit 2
Zoning and Vicinity Map
Exhibit 3
Applicants' submittal with associated petition, map, and photos
Exhibit 4
Notice of Complete Application/Request for additional information in
File No. S-2007-0092
Exhibit 5
Notice of Application and Hearing
Exhibit 6
Affidavit of mailing
Exhibit 7
Affidavit of posting
Exhibit 8
Memorandum from Acting Fire Marshall, dated March 11, 2008
Exhibit 9
Excerpt from City Easement Map
Exhibit 10
Comments of City of Edmonds Public Works Department
Exhibit 11
Comments of City of Edmonds Parks and Recreation Department
Exhibit 12
Surveyed site plan
Exhibit 13
Excerpt from City Official Street Map
Upon consideration of the testimony and exhibits submitted at the open record hearing, the
Hearing Examiner enters the following findings and conclusions:
L111Z H)..1kioLI
The Applicant requested a requested an official street map amendment to reduce the
width of the required right-of-way dedication from 30 feet to 15 feet for the segment of
203`d Street SW adjacent to the single-family residential property located at 20323 — 81"
Avenue W in Edmonds, Washington.' Exhibit 1; Testimony of Ms. McConnell;
Testimony of Mr. Etzler.
2. The street map amendment application was submitted on February 15, 2007 and deemed
complete on the day of receipt.' Exhibit 1; Exhibit 5.
3. The subject property is a corner lot at the intersection of 81 ' Avenue W and 203rd Street
SW. Zoned Single -Family Residential (RS -8), it is developed with a one-story residence
built in 1957. The Applicants submitted a short plat application, seeking to subdivide the
subject property into two lots (FileNo.PLN-2007-92). Review of the short plat
application revealed that the City's Official Street Map required a 30 -foot dedication
along the 203rd Street SW frontage. The 30 -foot dedication would reduce the overall site
area below the minimum area necessary to create two legal lots. City Planning Stair
' The legal description of the subject property is a portion of Section 19, Township 27 North, Range 4 E, W.M., also
known as Assessor's Parcel Number 004312-000-015-01. Ehibit 12,
2 The Applicants requested a reduction in the required right-of-way dedication along the segment of 203`a Street SW
adjacent to their property; the City reviewed the reduction request only for the portion of required right-of-way
width immediately abutting the Applicants' property, and the Applicants agreed to so limit their request. Exhibit 1;
Exhibit 3.. Testimony of Ms. Machuga; Exhibit A, page 1.
Findings, Conclusions, and Recommendation
City of Edmonds Hearing Examiner
E_tzler Oficial Street MapAmendment, No. ENG -2008-76
page 2 of 6
notified the Applicants that they could request an amendment to the Official Street Map
to reduce the width of required right-of-way dedication. City Staff noted that the full 30
feet indicated by the Official Street Map may not be required in the event that the City
decides to make 203rd Street SW a through street.3 Exhibit 4; Testimony of Ms.
McConnell; Exhibit 12; Site visit.
4. The segment of existing 203rd Street SW adjacent to the subject property (the affected
segment) was dedicated to the City as a condition of approval for subdivision File No. 5-
14-72. It is a 20 -foot -wide dead-end road that connects (only) to 81" Avenue W. This
affected segment of 203r1 Street SW serves four or five residential lots. The dead-end of
the affected segment of 203r3 Street SW does not align directly with the segment of 203rd
Street SW that connects to 7e Avenue W; rather the affected segment is offset to the
north of the other portion of 203rd Street SW. (Please see Exhibit 2, Zoning and Vicinity
Map and Exhibit 13, Official Street Map for illustration of the alignment.) Exhibit A,
page 1; Exhibit 2; Exhibit 13; Site visit; Testimony of Mr. Etzler.
5. Municipal utility lines (sewer and storm drain) are located within an easement that runs
along the northern ten feet of the 30 -foot right-of-way dedication required by the Official
Street Map. Testimony of Ms. McConnell; Exhibit A, page 3.
6, The City's Technical Review Committee, including the Fire, Parks and Recreation, and
Public Works Departments, reviewed the request for street map amendment. The City's
Public Works Director submitted comments indicating that a 15 -:foot -wide street
dedication would be sufficient along the subject property frontage. The Fire Department
indicated no concerns about a 15 -foot dedication. Parks and Recreation had no
comments. Exhibit 8; Exhibit 9; Exhibit 10; Exhibit A, page 3; Exhibit 11; Testimony of
Ms. McConnell.
7. The requested reduction in right-of-way dedication would provide adequate width for
existing public utilities. A 15 -foot dedication along the subject property would provide
adequate width to develop 203rd Street SW to current City street standards if it were to be
converted to a through street in the future. Exhibit A, pages 4-5; Testimony ofM.s.
McConnell.
8. The other lots on the affected segment of 203rd Street SW have already been subdivided.
Exhibit 2; Testimony ofMr. Etzler_
9. If the full 30 -foot right-of-way dedication were required, the existing house on the subject
property would encroach into the right-of-way. If the reduced 15 -foot dedication were
allowed, the existing structure would be set back approximately 14.83 feet from the right-
of-way. A 14.83 -foot setback would be substandard, because the RS -8 zone requires a
25 -foot street setback; however, it would be less non -conforming than a zero street
3 City Staff cautioned, and at hearing the Applicants acknowledged, that approval of an Official Street Map
Amendment would not guarantee approval of the related short plat. The short plat is not considered in the instant
application. &hibitA, page 2, Testimony of Mr. Etzler.
Findings, Conclusions, and Recommendation
City of .Edmonds Hearing Examiner
I_;tzler Oficial StreetAlap Amendment, No. ENG -2008-76
page 3 of 6
setback. Setbacks would be considered during short plat review. Exhibit 12; Testimony
of Ms Machuga.
10. City Planning and Engineering Staff reviewed the street map amendment application and
recommended approval of the reduction in required right-of-way dedication immediately
adjacent to the subject property_ Exhibit A, page 6; Testimony of Ms McConnell,
Testimony ofMs Machuga.
11. The proposed street map amendment is exempt from review pursuant to the State
Environmental Policy Act (SEPA). Exhibit A, page 2.
12. Notice of application and public hearing was posted on-site, mailed to neighboring
property owners within 300 feet, and published in The Herald on or before March 20,
2008, consistent with the notice provisions of Edmonds Community Development Code
(ECDC) 20.91. Exhibit A, page 3; Exhibits 5, 6, and 7.
13. Public comment on the application consisted of questions regarding maintenance of the
City's utility easement, which Staff addressed at hearing. Testimony of Mr. Rutledge;
Testimony of Ms McConnell
CONCLUSIONS
Jurisdiction:
The Hearing Examiner has jurisdiction to hear and make recommendations for final decisions to
the Edmonds City Council on requests for official street map amendments pursuant to ECDC
20.100.010. A.1 and 20.65.010_
Criteria for Review:
Pursuant to Edmonds Community Development Code (ECDC) 20.65.010, the hearing examiner
shall review proposed changes to the official street reap as provided in ECDC 20.100.010, using
as the basis for his review and recommendation, the purposes of the comprehensive plan ..., and
the purposes of the Comprehensive Street Plan, as stated in Chapter 15.40 ECDC, and the
purposes of the official street map, as stated in Chapter 18.50 ECDC.
Applicable City Plans:
City of Edmonds Comprehensive Plan, page 1, as cited in Exhibit A, page 4:
The purposes of the City of Edmonds Comprehensive Plan are:
a. To serve as the basis for municipal policy on development and to provide guiding
principles and objectives for the development of regulations.
b. To promote the public health, safety, morals, order, convenience, prosperity, and
the general welfare.
c. To anticipate and influence the orderly and coordinated development of land and
building use of the city and its environs, and conserve and restore natural beauty
and other natural resources.
Findings, Conclusions, and Recommendation
City ofEarnonds hearing Examiner
Etzler Oficial Street Map Amendment, No. ENG -2008-76
page 4 of 6
d. To encourage coordinated development and discourage piecemeal, spot, or strip
zoning and inharmonious subdividing.
e_ To facilitate adequate provisions for public services such as transportation, police,
and fire protection, water supply, sewage treatment, and parks.
City of &hnonds Comprehensive Street Plan, ECDC 15.40.000:
The purposes of the City of Edmonds Comprehensive Street Plan are:
a. To provide for adoption and enforcement of street and thoroughfare maps and
coordinated plan (sic) including the official street map to implement the
Comprehensive Plan.
b. To facilitate the provision of utilities and transportation.
City of Edmonds Official Street Map, ECDC 18.50.000:
The purposes of the Official Street Map are:
a. [To ijmplement the comprehensive street plan.
b. [To rjegulate the construction of improvements which could prevent the
implementation of the comprehensive street plan.
Conclusions Based on Findings:
I . The proposed reduction in right-of-way dedication along the subject property would be
consistent with the purposes of the City's Comprehensive Plan. Approval of the
reduction could allow the site to be short platted, consistent with the RS -8 district's
development standards and with all the other lots served by the affected segment of 203rd
Street SW. The 15 -foot dedication would provide adequate area to maintain the City
sewer and stormdrain utilities in the existing roadway. A 15 -foot dedication would
provide adequate right-of-way width to develop 203ht Street SW to current City road
standards if it were ever made a through street connecting 81 � Avenue W to 76th Avenue
W. The requested street map amendment was reviewed and found to be acceptable by
the City's Fire Marshall. No health or public safety issues would be created by the
reduced right-of-way dedication_ Findings Nos 3, 4, 5, 6, 7, 8, and 10.
2. The proposed reduction in right-of-way dedication along the subject property would be
consistent with the purposes of the City's Comprehensive Street Plan. It would maintain
adequate right-of-way width for the existing municipal utilities in the affected segment of
203rd Street SW. It would provide enough right-of-way to develop the road to current
City standards if it were made a through street. findings Nos 5, 6, and 7-
3, The proposed reduction in right-of-way dedication along the subject property would be
consistent with the purposes of the City's Official Street Map. findings Nos. 1 through
13_
Findings, Conclusions, and Recommendation
City of Edmonds Hearing Examiner
Etzler Oficial Street MapAmendment, No. ENG -2008-76 ,page 5 of 6
RECOMMENDATION
Based on the preceding findings and conclusions, the request the request for an official street
map amendment to reduce the width of 203"d Street SW adjacent to the single-family residential
property located at 20323 — 81" Avenue W from 30 feet to 15 feet should be GRANTED.
RECONEMENDED this 17t" day of April 2008.
Toweill Rice Taylor LLC
City of Edmonds Hearing Examiners
By:
Sharon A. Rice
Findings, Conclusions, and Recommendation
City ofEdmonds bearing Examiner
E.tzler Oficial Street Map A inendinent, No. ENG -200$-76
page 6 of 6
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CITY OF EDMONDS
121 5TH AVENUE NORTH • Edmonds, WA 98020 • (425) 775-0220 • FAX (425) 771-0221
HEARING EXAMINER
OFFICE OF THE HEARING EXAMINER
CITY OF EDMONDS, WASHINGTON
APPLICANT )
Don and Claudia Etzler }
}
For a Conditional Use Permit )
1, Sharon A. Rice, the undersigned, do hereby declare -
Case No. ENG -2008-76
DECLARATION OF SERVICE
GARY HAAKENSON
MAYOR
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;
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;
That on April 17, 2008 1 did serve a copy of the decisions in case ENG -2008-76 upon the
following individuals at the addresses below by first class US Mail.
Don and Claudia Etzler
3117 Maplewood Circle NE
Tacoma, WA 98422
Clerk of the Edmonds City Council
121 fifth Avenue North, First Floor
Edmonds, WA 98020
Alvin Rutledge
7101 Lake Ballinger Way
Edmonds, WA 98026
City of Edmonds Fire, Public Works, Engineering,
and Parks & Recreation Departments
c/o Planning Division
I herebv declare under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct: j
DATED THIS ! I day of 2008 at (?"ro5 , Washington.
Sharon A. Rice
Toweill Rice Taylor LLC
Serving as Hearing Examiner for Edmonds, Washington
Incorporated August 11, 1890
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