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Exhibit 1, StaffReport V-08-53_V-08-72_LL-08-75.pdfr2C. 1890 CITY OF EDMONDS 121 5TH AVENUE NOHTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website: wwwzi.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering. GARY HAAKENSON MAYOR PLANNING DIVISION REPORT & RECOMMENDATION TO THE HEARING EXAMINER Project: Isaacson Single -Family Residential Development Height Variance, Critical Area Reasonable Use Variance, and Minor PRD Amendment File Numbers: V-08-53 --- Height Variance V-08-72 — Critical Area Reasonable Use Variance LL -08-75 — Minor PRD Amendment Date of Report: r7lary 23, 2009 40 From: Lien, As ociatq Planner Public Hearing: February 5, 2009 at 3:00 P.M. Edmonds Public Safety Complex: Council Chambers 250 5th Avenue North, Edmonds WA 98020 Section Page I. SUMMARY OF PROPOSED ACTION: ........................................................................ 2 II. GENERAL INFORMATION: ......................................................................................... 2 III. HISTORY/BACKGROUND: ........................................................................................... 3 IV. SEPA THRESHOLD DETERMINATION.....................................................................4 V. PUBLIC HEARING NOTICE: ........................................................................................ 5 VL CRITICAL AREA DETERMINATION.........................................................................5 VII. NEIGHBORHOOD CHARACTERISTICS...................................................................5 VIII. LORIAN WOODS PLANNED RESIDENTIAL DEVELOPMENT ............................6 IX. HEIGHT VARIANCE APPLICATION ANALYSIS, V-08-53: ................................... 8 X. CRITICAL AREA REASONABLE USE VARIANCE APPLICATION ANALYSIS, V-08-72: ............................................................................................................................ 12 Exhibit I Page I of 23 • Incorporated August 11, 1890 • Sister City - Hekinan, Japan XI. MINOR PRD AMENDMENT APPLICATION ANALYSIS, LL -08-75; .................. 18 XII. CONCLUSIONS: ............................................................................................................. 20 XIII. RECOMMENDATIONS:...............................................................................................21 XIV. RECONSIDERATION AND RIGHT TO APPEAL....................................................21 XV. PARTIES OF RECORD: ................................................................................................ 22 XVI. EXHIBITS.................................................................:......................................................22 I. SUMMARY OF PROPOSED ACTION: The applicants, Brian and Cindy Isaacson, are proposing to construct a single family residence at 16007 73rd Place West. The subject property is Lot 2 of the Lorian Woods Planned Residential Development (PRD), PRD -1-89 (Exhibit 2), which is within the Single - Family Residential (RS -20) zone. The site has some severe development limitations; as a result, the applicants are applying for a Height Variance (V-08-53, Exhibits 3 — 5), a Critical Area Reasonable Use Variance (V-08-72, Exhibits 6 — 9), and a Minor PRD Amendment (LL -08-75, Exhibits 10 — 12). The applicants are requesting a nine (9) foot height variance from the maximum allowed 25 feet to a maximum of 34 feet. A Category 4 wetland and/or its associated buffer cover the entire property, so the applicants are requesting Critical Areas Reasonable Use Variance. Given the constraints of the property which were not known when the PRD was approved, the applicants are having difficulty fitting the proposed residence completely within the property boundaries of the parcel and have also requested a Minor PRD Amendment pursuant to ECDC 20.35.110. Minor PRD Amendments are not normally subject to a public hearing before the Hearing Examiner; however, given that the two variance applications and the Minor PRD Amendment are intricately intertwined, all three applications have been consolidated into a single development project pursuant to ECDC 20.90.010.B. The following is staff's analysis of the project. II. GENERAL INFORMATION: 1. Request: a. Height Variance, V-08-53: The applicants are requesting a height variance of 9 feet to increase the height of the residence from the maximum allowable 25 feet to 34 feet. b. Critical Area Reasonable Use Variance, V-08-72: The applicants are requesting a reasonable use variance because they feel the application of the City of Edmonds critical area regulations would deny all reasonable economic use of the property. Exhibit 1 Page 2 of 23 Isaacson. Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 c. Minor PRD Amendment, LL -08-75: The applicants are requesting a minor adjustment to the southern property line, jogging the boundary line south 3.5 feet. As a result of the of the PRD Amendment, Parcel B (the applicants parcel) would increase in size from 5,897 square feet to 6,208 square feet. 2. Review Process: The Hearing Examiner reviews and makes final decisions on variances and other matters that may be referred by the city code pursuant to ECDC 20.100.010.B. 3. Owner: Brian and Cindy Isaacson 4. Applicant: Brian and Cindy Isaacson 5. Tax Parcel Number: 00790400000200 6. Location: 16007 73"d Place West 7. Zoning: Single -Family Residential (RS -20) (Exhibit 13) 8. Lot Size: 5,897 square feet prior to PRD Amendment; 6,208 after proposed PRD Amendment. 9. Access: Access to the site is provided from the west via 73`d Place West. 10. Existing Use: Vacant property. 11. Proposed Use: Single-family residence. III. HISTORYBACKGROUND: The lot proposed for this development is Lot 2 of the Lorian Woods Planned Residential Development (Exhibit 2). The Lorian Woods PRD was originally approved in 1990 prior to the Growth Management Act and critical area regulations; as such, certain aspects of developing this site were not fully taken into consideration when the lot was created. The Isaacons purchased the property in 2004 and first applied for development permits from the City of Edmonds in 2006. A critical area review conducted under CRA -2006-0147 (Exhibit 14) identified a number of potential critical areas on site including erosion hazard, landslide hazard, wetlands, and fish and wildlife habitat. The critical areas reconnaissance report noted that critical area studies may be required in conjunction with development proposals for the site. The Isaacsons applied for a Conditional Use Permit (CU -06-104) for drainage improvement and tree removal from the site and the adjacent common area and received approval on April 12, 2007. As part of the review process for CU -06-104, a geotechnical analysis, planting plan, and peer review of the geotechnical analysis and planting plan were conducted. For unknown reasons a wetland report was not required for CU -06-104. In August 2007, the Isaacon's applied for a fill and grade permit (BLD -07-834 and BLD -07- 833) for some drainage work on their site and the adjacent common area to help stabilize the hillside above their building site and prepare their site for development. More geotechnical Exhibit 1 Page 3 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 reports and peer reviews were prepared in conjunction with these permits. All the geotechnical reports and peer reviews that have conducted for this property are included in Exhibits 15 — 22. Additionally, the planting plan prepared under CU -06-104 was revised, underwent further peer review, and was approved during the review of these fill and grade permits. While the work proposed under these permits has been approved by the city, the work cannot begin until after the rainy season. The Isaacsons applied for a second Conditional Use Permit (CU -08-36) in May 2008 to remove a sequoia tree not identified for removal under CU -06-104. Given that the tree proposed for removal under CU -08-36 would have to be removed in order to construct the proposed home, the Isaacsons were advised by the City to withdraw the CU -08-36 application and address the tree removal under the Critical Area Reasonable Use Variance application V-08-72. In August 2008, the Isaacsons applied for a height variance (V-08-53, Exhibits 3 — 5) for the proposed residence at the site. Upon review of the application materials and reading through the permit history of the site, a number of issues that needed to be addressed were identified and a letter of incompleteness was sent on August 28, 2008 (Exhibit 23). In response to the initial review of V-08-53 and the letter of incompleteness, the Isaacsons submitted two more applications, one for a Critical Area Reasonable Use Variance (V-08-72, Exhibits 6 — 9), and another for a Minor PRD Amendment (LL -08-75, Exhibits 10 —12). Given the interconnectedness of V-08-53, V-08-72, and LL -08-75, the three applications were consolidated pursuant to ECDC 20.90.010.13 into one development project. A Minor PRD Amendment would not normally require a public hearing before the Hearing Examiner; however, since it was consolidated with the two variance applications, the Minor PRD Amendment is being considered along with the variance applications by the Hearing Examiner. IV. SEPA THRESHOLD DETERMINATION I . SEPA review was conducted for the Lorian Woods PRD and a Mitigated Determination of Nonsignificance (MDNS) issued on December 15, 1989 (Exhibit 24). Conditions 4, 11, and 14 of the MDNS were appealed. Staff modified conditions 4 and 14, and condition 11 was ultimately upheld by the Hearing Examiner (Exhibit 27). 2. Additional SEPA review was conducted for the tree removal applied for under CU -06-104 and a Determination of Nonsignificance (DNS) issued on March 21, 2007 (Exhibit 25). 3. Construction of a single family residence is exempt from SEPA review pursuant to WAC 197-11-800(1)(b)(i). Pursuant to WAC 19711-800(6)(b) granting of variances based on special circumstances, not including economic hardship, are also exempt from SEPA review. The exemption in WAC 197-11-800(6)(b) would apply to the height variance request, but not the Critical Area Reasonable Use Variance request. In order to comply with the requirements of RCW 43.21C, on December 29, 2008 the City of Edmonds adopted the DNS issued on March 21, 2007 as the proposal will not result in any Exhibit 1 Page 4 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 additional environmental impacts beyond what was evaluated under the adopted document (Exhibit 26). V. PUBLIC HEARING NOTICE: A "Notice of Application" and a "Notice of Hearing" were published in the Herald Newspaper and posted at the subject site, as well as the Public Safety Complex, Community Development Department, and the Library. All notices were also mailed to residents and owners within 300 feet of the site. The City has complied with the noticing provisions of ECDC 20.91 (Public Hearings and Notice, see Exhibit 31). VI. CRITICAL AREA DETERMINATION A critical area review of this site was conducted in November 2006 under CRA -06-147 (Exhibit 14). Upon a reconnaissance of the property, it was determined that the property potentially contained a number of critical areas and further studies were required. Potential critical areas identified on the site included geologically hazardous areas (landslide and erosion hazard areas), wetlands, and fish and wildlife habitat conservation areas. A number of geotechnical reports and peer reviews of these reports have been conducted for the subject property, including a geotechnical report prepared for the original approval of the Lorian Woods PRD. Additional reports have been prepared for the tree removal application under CU -06-104 and the fill and grade permit applications BLD -07-834 and BLD -07-833. These geotechnical reports are included in Exhibits 15 — 22. A wetland report (Exhibit 7) was prepared in support of the Critical Area Reasonable Use Variance application V-08-72. This wetland report delineated a Category 4 wetland that covers a significant portion of the property, and when wetland buffers are considered, virtually the entire parcel is impacted by the wetland and/or the wetland buffers. The wetland report also identified a Type NS (non -fish habitat, seasonal) drainage on the property. The Type NS stream and its associated buffers are contained entirely within the wetland and its associated buffers. VII. NEIGHBORHOOD CHARACTERISTICS The site is located within a single-family residential neighborhood in northern Edmonds. The site is one of ten lots of the Lorian Woods PRD. Six of the ten Lorian Woods lots have had homes constructed on them consistent with the Covenants, Conditions, and Restrictions recorded with the Lorian Woods PRD. The area surrounding the Lorian Woods PRD is zoned RS -20 and RS -12 (Exhibit 13) and is developed with moderate to upscale homes, many with views of Puget Sound and the Olympic Peninsula. Exhibit 1 Page 5 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 VIII. LORIAN WOODS PLANNED RESIDENTIAL DEVELOPMENT 1. ECDC 20.35 — Planned Residential Development A Planned Residential Development is an alternative form of development which is intended to promote flexibility and creativity in the layout and design of new development and which will protect the environment through the use of open spaces. PRD's may be approved with development standards that differ from that of the underlying zoning. Development standards which may be altered include lot size, lot width, and lot coverage; however, no modifications of height limits are permitted through the PRD process. Uses permitted in a PRD are governed by the use regulations of the underlying zoning classification. The Lorian Woods PRD was approved prior to the Growth Management Act and critical area regulations. While a significant amount of open space was established with the Lorian Woods PRD, in part to protect environmentally sensitive areas on the site, the impacts potential wetlands could have on site development may not have been fully appreciated since this PRD was approved prior to the adoption of the critical area regulations. The lots that were approved for development within the Lorian Woods PRD are substantially smaller than would otherwise be permitted in the RS -20; none of the lots in the Lorian Woods PRD meet the size and width requirements of a minimum of 20,000 square feet and minimum width of 100 feet. The Isaacsons property (Lot 2) is only 5,897 square feet, and while Lot 2's longest side is 104 feet, its trapezoidal shape would prevent it from meeting the minimum lot width requirement of the RS -20 zone. The small lot sizes coupled with the development standards for the Lorian Woods PRD and Covenants, Conditions, and Restrictions discussed below have left little to no room for adjustments to a building site when subsequent development limitations are discovered. 2. Lorian Woods PRD Conditions of Development a. The table below compares the development standards for the RS -20 zone as identified in ECDC 16.20.030 to the approved Lorian Woods PRD development and Lot 2: Development Minimum Minimum Minimum Minimum Maximum Minimum Maximum Standards Lot Area Street Side Rear Height lot Width Coverage (sq. ft.) Setback Setback Setback RS -20 20,000 25' 35'/10' 25' 25' 100' 35% Lorian None None None None 25' None 100%2 Woods PRD Lot 2 5,897 None 10' None 25' None 100% : 35 feet total of both sides; 10 feet minimum on either side. Z: 100% lot coverage is allowed, but eves are not allowed to overhang beyond the property lines of the lot on which a residence is built. . 3: Lot 2 has a 10 foot side setback from Lot 1 to the north, but no setback from any of the other property lines. b. In addition to the specific development standards identified above, additional conditions of development for the Lorian Woods PRD were identified in the Exhibit 1 Page 6 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 Mitigated DNS issued for the PRD and by the Hearing Examiner that were subsequently adopted by the City Council (Exhibit 27). From these additional conditions, one of particular importance is compliance with the recommendations in the geotechnical report prepared by Terra Associates, Inc. for the PRD (Exhibit 15), and recommendations from subsequent geotechnical reports prepared for development of individual lots. 3. Covenants, Conditions, and Restrictions: a. The Covenants, Conditions, and Restrictions (CC&R's) recorded for the Lorian Woods PRD are used as one of the justifications for the variance requests (Exhibit 4). Generally, the City of Edmonds does not enforce CC&R's. In this instance however, the CC&R's were developed as a condition from the hearing examiner, submitted to the City Council prior to final approval for the PRD, and mentioned on the face of the PRD that was signed by the City of Edmonds. As such, the City of Edmonds should recognize the CC&R's recorded for the Lorian Woods PRD and any additional restrictions they may apply to developing a site within the Lorian Woods PRD. Two subsections of Section 7.5 of the CC&R's are particularly important to the Isaacson proposed development. b. Subsection 7.5.1 of the Lorian Woods CC&R's states: No single-family dwelling of fewer than three thousand (3000) square feet of area on the main floors (exclusive of garages, porches, decks or other exterior features) shall be constructed on any lot. Each home shall have at least three bedrooms, lining room, dining room, family room, kitchen, two and half bathrooms, and a three car garage—attached or separate. The Isaacsons quote this section of the CC&R's in support of their height variance requests. Subsection 7.5.5 of the Lorian Woods CC&R's states: No building shall be located outside any building envelope or nearer than ten feet to an adjacent lot line as marked on the Plat map. For the purposes of this subsection (7.5), eaves, steps, and porches shall be considered part of a building. i. The request for a Minor PRD amendment is needed in part because of this clause since the proposed residence would extend beyond the building envelope identified on the Lorian Woods Plat map. ii. As currently proposed, the Isaacsons residence would be inconsistent with subsection 7.5.5 of the CC&R's as the eaves extend into the 10 foot setback from Lot 1 of the Lorian Woods PRD. The Lorian Woods Homeowners Association has approved a proposed amendment to 7.5.5 contingent on approval of the proposal from the Hearing Examiner (Exhibit 28). The proposed amendment to 7.5.5 is based on the site plan for the proposed development which is before the Hearing Examiner and has not yet been approved. Exhibit 1 Page 7 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 IX. HEIGHT VARIANCE APPLICATION ANALYSIS, V-08-53: 1. Height Requirements a. Maximum Height Allowed: Pursuant to ECDC 16.20.030 and the Conditions of Development for the Lorian Woods PRD, the maximum allowed height for this site is 25 feet. b. Definition i. ECDC 21.40.030 defines height as the average vertical distance, from the average level of the undisturbed soil of the site covered by a structure, to the highest point of the structure. ii. ECDC 21.40.030 further states that "average Ievel" shall be determined by averaging elevations of the downward projections of the four corners of the smallest rectangle which will enclose all of the building, excluding a maximum of 30 inches of eaves. If a corner falls off the site, its elevation shall be the average elevation of the two points projected downward where the two sides of the rectangle cross the property line. c. As the subject property is a small lot, this is one of the rare instances where a corner of the height rectangle falls off the lot. Additionally, the Minor PRD Amendment may change where the height rectangle exits the property, and thus may alter the "average level" calculation. Two "average level" calculations were performed, with the lot configuration prior to the Minor PRD Amendment and a second for the lot configuration following the proposed PRD Amendment. (Exhibit 5) 2. Variance Request: The applicants are requesting a height variance of 9 feet to increase the height of the residence from the maximum allowable 25 feet to a maximum of 34 feet. 3. An applicant may request a variance from the standards of ECDC 16.20.030 pursuant to the procedures set forth in ECDC 20.85. This chapter also sets forth the mechanism whereby a provision of the code may be varied on a case-by-case basis if the application of the provision would result in an unusual and unreasonable hardship. ECDC 20.85.010 contains the findings that must be made in order for a Variance application to be approved. According to the referenced code section, "No variance may be approved unless all of the findings in this section can be made." The findings are as follows: a. Special Circumstances. That, because ofspecial circumstances relating to the property, the strict enforcement of the zoning ordinance would deprive the owner of use rights and privileges permitted to other properties in the vicinity with the same zoning; i. Special circumstances include the size, shape, topography, location or surroundings of the property, public necessity as of public structures and uses set forth in ECDC 17.00.030 and environmental factors such as vegetation, streams, ponds and wildlife habitats; ii. Special circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to comply Exhibit i Page 8 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 with the zoning ordinance, the ability to secure a scenic view, the ability to make more profitable use of the property, nor any factor resulting from the action of the owner or any past owner of the same property; b. ,Special Privilege. That the approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning; c. Comprehensive Plan. That the approval of the variance will be consistent with the comprehensive plan; d. Zoning Ordinance. That the approval of the variance will be consistent with the zoning ordinance and the zone district in which the property is located; e. Not Detrimental. That the variance as approved or conditionally approved will not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and same zone; f Minimum Variance. That the approved variance is the minimum necessary to allow the owner rights enjoyed by other properties in the vicinity with the same zoning. 4. The applicant submitted a Criteria Statement explaining how they believe they meet the variance criteria listed above. (Exhibit 4) 5. Staff findings on variance criteria for V-08-53: a. Special Circumstances: The proposed building site is a relatively small lot in the North Meadowdale area. Surrounding properties are zoned RS -20 or RS -12 (Exhibit 13) which requires minimum lot sizes of 20,000 square feet and 12,000 square feet respectively. Lot 2 of the Lorian Woods PRD is only 5,897 square feet (6,072 with proposed PRD Amendment). ii. The site is further constrained by steep slopes on the subject property as well as the adjacent open space to the east. The proposed building site slopes down to the west at grades ranging from 10 to 50 percent. The steep slopes on the subject property and adjacent open space, as well as the potential for landslides, are well documented by numerous geotechnical reports prepared for the site over the years (Exhibit 15 — 22). Recommendations from the Geotechnical reports restrict how a single-family residence can be safely constructed on the property, which further reduces the available buildable area on the lot. iii. The special circumstances are not the result of any action by the current owner or past owners of the property. iv. This lot has special circumstance in the slope and size of the lot, which makes it necessary to have a variance to have rights permitted to other properties within the Lorian Woods PRD and surrounding neighborhood. b. Special Privilege: i. The subject property is one of ten lots approved for residential development by the City of Edmonds under the Lorian Woods PRD. Exhibit 1 Page 9 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 ii. All residences constructed within the Lorian Woods PRD have had to comply with the CC&R's (including size requirements) recorded with the Lorian Woods PRD plat. iii. The size of the proposed residence would make it the smallest residence in the Lorian Woods PRD and would be consistent with the size of homes in the surrounding neighborhood (according to the Snohomish County website). iv. Surrounding Variances. A. A review of the City's permit system identifies a number of variances which have been issued in the vicinity of the proposed development. B. Exhibit 29 displays identified height and critical variances which have been issued in the vicinity of the proposed development. C. The requested height variance of 9 feet is within the range of previously approved height variances, which range from 3 feet to 10 feet. D. The size of the proposed residence is generally smaller than other residences that received height variances. v. The proposed residence is consistent with other residential development in the area and the granting of the requested height variance would not constitute a special privilege. c. Comprehensive Plan: i. The Comprehensive Plan designation for this site is "Single Family _ Resource." ii. The City of Edmonds Comprehensive Plan has a vision for residential development, and has developed a number of goals to achieve this vision. The applicable excerpts are shown below: Residential Development (2006 Comprehensive Plan Pages 53-54) B. Goal. High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted. The options available to the City to influence the quality of housing to all citizens should be approached realistically in balancing economic and aesthetic considerations, in accordance with the following policies: B.1 Encourage those building custom homes to design and construct homes with architectural lines which enable thein to harmonize with the surroundings, adding to the community identity and desirability. B.3 Minimize encroachment of view of existing homes by new construction or additions to existing structures. B.6 Require that new residential development be compatible with the natural constraints of the slope, soils, geology, vegetation and drainage. Exhibit 1 Page 10 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 iii. The proposed single family residential development is consistent with the "Single Family — Resource" designation for the site. iv. The proposed residence is compatible with the surrounding residences. v. The additional height for the house will not block views due to the slope of the land behind the proposed residence. vi. The Lorian Woods PRD was developed in a way to be compatible with the natural constraints of the site preserving large portions of the site in open space. vii. The proposed residence is consistent with the Comprehensive Plan. d. Zoning Ordinance: i. The underlying zoning of the Lorian Woods PRD is RS -20. ii. Residential use is a permitted primary use within the RS zones. iii. Development standards for the site are prescribed by the Lorian Woods PRD and the recorded CC&R's. iv. The proposed residence is consistent with the purposes of the zoning ordinance and the zone district in which the property is located. e. Not Detrimental: i. The additional height for the house will not block views due to the slope of the land behind the proposed residence. ii. The proposed residence should not be detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity. f. Minimum Variance: i. The Lorian Woods CC&R's require single-family dwellings to be a minimum of 3,000 square feet. ii. The proposed residence contains 3,299 square feet of living space (Exhibit 30). iii. Geotechnical reports restrict how far the slope may be cut into, limiting the applicant's ability to further reduce the height of the proposed residence. iv. Given the special circumstances of the site, the Lorian Woods CC&R's, and the geotechnical reports, the requested height variance of 9 feet appears to be the minimum necessary to allow the construction of a single-family residence on this site. 6. Public Comments: To date, no public comment letters have been received. 7. Conclusions and Recommendation V-08-53: a. The applicant's proposal is consistent with the criteria identified in ECDC 20.85.010. b. Staff recommends APPROVAL of requested 9 foot height variance to increase the height of the residence from the maximum allowable 25 feet to 34 feet. Exhibit 1 Page 11 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 X. CRITICAL AREA REASONABLE USE VARIANCE APPLICATION ANALYSIS, V-08-72: 1. A critical area review of this site was conducted in November 2006 under CRA -06-147 (Exhibit 14). Upon a reconnaissance of the property, it was determined that the property potentially contains a number of critical areas and further studies were required. Potential critical areas identified on the site include geologically hazardous areas (landslide and erosion hazard areas), wetlands, and fish and wildlife habitat conservation areas. A number of geotechnical reports and peer reviews of these reports have been conducted for the subject property, including a geotechnical report prepared for the original approval of the Lorian Woods PRD. Additional reports have been prepared for the tree removal application under CU -06-104 and the fill and grade permit applications BLD -07-834 and BLD -07-833. These geotechnical reports are included in Exhibits 15 — 22. A wetland report (Exhibit 7) was prepared in support of the Critical Area Reasonable Use Variance application V-08-72. This wetland report delineated a Category 4 wetland that covers a significant portion of the property and when wetland buffers are considered, the entire parcel is impacted by the wetland and/or the wetland buffers. The wetland report also identified a Type NS (non -fish habitat, seasonal) drainage on the property. The Type NS stream and buffer is contained entirely within the wetland and/or wetland buffers. 2. ECDC 23.50.040 — Wetland Development Standards a. Development in wetlands and/or wetland buffers is strictly limited by the City of Edmonds' Critical Area Ordinance. Specifically ECDC 23.50.040 states that: i. Activities may only be permitted in a wetland buffer if the applicant can show that the proposed activity will not degrade the function and functional performance of the wetland and other critical areas; and ii. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this title. b. ECDC 23.50.010.E states, "Activities and uses that result in unavoidable and necessary impacts may be permitted in Category 3 and 4 wetlands and associate buffers in accordance with an approved critical areas report and mitigation plan." c. Pursuant to ECDC 23.50.010.F, the standard wetland buffer for a Category 4 wetland is 35 feet. 3. ECDC 23.90.040.D — Stream Development Standards a. ECDC 23.90.040.D states that no alteration to a stream or stream buffer shall be permitted unless consistent with the provisions of this title and the specific standards for development outlined within ECDC 2390.040.D. b. Pursuant to ECDC 23.90.040.D.1.f, Type NS streams require a 25 foot buffer. Exhibit 1 Page 12 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 4. ECDC 23.40.210— Critical Area Variances a. ECDC 23.40.210.A.2 —Reasonable Use Variance: A property owner may apply for a reasonable use exception if the application of the City of Edmonds' critical area ordinance would deny all reasonable economic use of a property. Pursuant to ECDC 23.40.320 reasonable economic use means: ... the minimum use to which a property owner is entitled under applicable state and federal constitutional provisions in order to avoid a taking and/or violation of substantive due process. "Reasonable economic use " shall be liberally construed to protect the constitutional property rights of the applicant. For example, the minimum reasonable use ofa residential lot which meets or exceeds minimum bulk requirements is use for one single-family residential structure. Determination of "reasonable economic use" shall not include consideration of factors personal to the owner such as a desire to make a more profitable use of the site. Pursuant to ECDC 23.40.210.A.2, a reasonable use exception may be authorized as a variance only if an applicant demonstrates that: i. The application of this title would deny all reasonable economic use of a property or subject parcel; ii. No other reasonable economic use of the property consistent with the underlying zoning and city comprehensive plan has less impact on the critical area; iii. The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property; iv. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of the ordinance codified in this title or its predecessor; v. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; vi. The proposal minimizes net loss of critical area functions and values consistent with best available science; and vii. The proposal is consistent with other applicable regulations and standards. b. ECDC 23.40.210.13— Specific Variance Criteria: ECDC 23.40.210.B further states that a variance may be granted if the applicant demonstrates that the requested action conforms to all of the following specific criteria: i. Special conditions and circumstances exist that are peculiar to the land, the lot or something inherent in the land and that are not applicable to other lands in the same district. ii. The special conditions and circumstances do not result from the actions of the applicant. Exhibit 1 Page 13 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 iii. A literal interpretation of the provisions of this title would deprive the applicant of all reasonable economic uses and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this title, and the variance requested is the minimum necessary to provide the applicant with such rights. iv. Granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings under similar circumstances. v. The granting of the variance is consistent with the general purpose and intent of this title, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property, and vi. The decision to grant the variance is based upon the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat. The critical area report submitted by Wetland Resources Inc. (Exhibit 7) contains statements explaining how the applicants feel they meet the criteria listed in ECDC 23.40.210.A.2 for a Reasonable Use Variance and the Specific Variance Criteria listed in ECDC 23.40.210.8. 6. Staff analysis of variance criteria for V-08-72: a. ECDC 23.40.210.A.2 —Reasonable Use Variance: i. Deny all reasonable use: The entire site is constrained by a Category 4 wetland and/or its associated buffer. As a result, the strict application of the critical area code would deny all reasonable economic use of the subject property. ii. No other reasonable use: No other reasonable economic use of the property consistent with the underlying zoning and the city comprehensive plan has less impact on the critical area. iii. Minimum necessary: A. The Lorian Woods PRD CC&R's requires single-family dwelling units to be a minimum of 3,000 square feet. B. The proposed residence contains 3,299 square feet of living space (Exhibit 30). C. Geotechnical reports restrict how far the slope may be cut into, limiting the applicant's ability to further avoid the critical area. D. Given the special circumstances of the site, the Lorian Woods CC&R's, and the geotechnical reports, the proposed single-family residence appears to be the minimum necessary. iv. Inability to derive economic use is not the result of actions by applicant: A. The development site is a portion of the Lorian Woods PRD, Exhibit 1 Page 14 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 B. The Lorian Woods PRD was approved prior to the Growth Management Act and critical area regulations. C. The existence of critical areas on site and the inability to derive reasonable economic use of the property are not the result of actions by the applicant. v. Unreasonable threat to public: A. The planting plan proposed for mitigation (Exhibits 8 - 9) has been designed and approved to help stabilize the slope above the development site. B. The proposed catchment wall and residence will shield properties down grade from potential landslides. C. The hydrology of the site will not be significantly altered, nor will water be quality impaired as a result of the proposed development. D. The proposed development does not pose an unreasonable threat to the public vi. Minimize net loss of critical area function and values: A. The applicant is proposing to construct the minimum size house allowed by the Lorian Woods CC&R's. B. The applicant is proposing to mitigate impacts by enhancing the remaining portion of the on-site wetland and buffer with trees and shrubs as described in the Planting Plan for Tree Cutting Permit Application file N. CU -06-104 & One Sequoia Tree (Exhibits 8 - 9). C. The actions identified above help to minimize the net loss of critical area functions and values. vii. Consistency with other regulations: Apart from the critical area regulations and the requested height variance (V-08-53), the proposal is consistent with other applicable regulations and standards. b. ECDC 23.40.210.13— Specific Variance Criteria i. Special circumstances: A. The proposed building site is a relatively small lot in the North Meadowdale area. Surrounding properties are zoned RS -20 or RS -12 (Exhibit 13), which require minimum lot sizes of 20,000 square feet and 12,000 square feet respectively. Lot 2 of the Lorian Woods PRD is only 5,897 square feet (6,072 with proposed PRD Amendment). B. The site is further constrained by steep slopes on the subject property as well as the adjacent open space to the east. The proposed building site slopes down to the west at grades ranging from 10 to 50 percent. The steep slopes on the subject property and adjacent open space, as well as the potential for landslides, are well documented by numerous geotechnical reports prepared for the site over the years (Exhibits 15 — 22). Recommendations from the Geotechnical reports restrict how a single-family residence can be safely constructed on the property, which further reduces the available buildable area on the lot. Exhibit 1 Page 15 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 C. This lot has special circumstance in the slope and size of the lot that makes it necessary to have a variance to have rights permitted to other properties within the Lorian Woods PRD and surrounding neighborhood. ii. Special circumstances not result of applicant actions: The special circumstances are not the result of any action by the owner or past owner of the property. iii. Deny all reasonable use: The entire site is constrained by a Category 4 wetland and/or its associated buffer. As a result, the strict application of the critical area code would deny all reasonable economic use of the subject property. iv. Special Privilege: A. The subject property is one of ten lots approved for residential development by the City of Edmonds under the Lorian Woods PRD. B. All residences constructed within the Lorian Woods PRD had to comply with the CC&R's (including size requirements) recorded with the Lorian Woods PRD plat. C. The size of the proposed residence would make it the smallest residence in the Lorian Woods PRD, and it would be consistent with the size of homes in the surrounding neighborhood (According to the Snohomish County website). D. Surrounding Variances. 1. A review of the City's permit system identifies a number of variances which have been issued in the vicinity of the proposed development. 2. Exhibit 29 displays identified height and critical variances which have been issued in the vicinity of the proposed development. 3. Most of the critical area reasonable use variances granted in the vicinity of the proposed project were to reduce the required set back from steep slopes. One of the variances, V-99-179, permitted the draining of 8,595 square feet of Category III wetland. This proposal would impact 2,934 square feet of Category IV wetland. 4. The size of the proposed residence is generally smaller than other residences in the vicinity that received critical area reasonable use variances. E. The proposed residence is consistent with other residential development in the area and the granting of the critical area reasonable use variance would not constitute a special privilege. v. Granting of variance is: A. Consistent with this title. The granting of a reasonable use variance for the construction of a single family residence under the specific circumstances surrounding this site is consistent with the City of Edmonds critical area ordinance. Exhibit 1 Page 16 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 B. Will not further degrade functions or values of associate critical area: 1. The proposed action will result in impacts to the Category IV wetland on site; however this wetland currently provides a low level of functions and values. 2. While the proposal will result in the loss of low quality wetlands, the proposed mitigation will improve both water quality and wildlife habitat values provided by this area. 3. The proposed plantings will also increase the diversity of species on the site, provide vegetative structure that is currently lacking, and provide a source of cover as well as forage opportunities for birds and small mammals. C. Not detrimental: 1. The proposed mitigation will stabilize the slope, reduce erosion, and improve water quality. 2. The proposed residence will not block views of surrounding properties due to the slope of the land behind the proposed development. 3. The proposed residence should not be detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity. vi. Granting of variance: A. Based on best available science: Pursuant to best available science, the applicant has applied the mitigation sequencing described in the Washington State Department of Ecology manual Wetland Mitigation in Washington State Part 1: Agency Policies and Guidance and provided a justification of the proposed mitigation plan base on best available science. B. Special consideration for anadromous fish: There are no anadromous fish bearing streams in the vicinity of the proposal. 7. Public Comment: To date, no public comment letters have been received. 8. Conclusions and Recommendation V-08-72; a. The proposal is consistent with the conditions identified in ECDC 23.40.210.A.2, and strict application of the City of Edmonds critical area regulations would deny all reasonable economic use of the property. b. The applicant has sufficiently demonstrated that the proposal conforms to the specific criteria identified in ECDC 23.40.210.13. c. Staff recommends APPROVAL of the requested reasonable use variance V-08-72. Exhibit 1 Page 17 of 23 Isaacson Single -Family Residential Development File Numbers: 'V-08-53, V-08-72, LL -08-75 XI. MINOR PRD AMENDMENT APPLICATION ANALYSIS, LL -08-75: As documented throughout this staff report, the proposed development site, Lot 2 of the Lorian Woods PRD, has some significant development limitations. Given that the Lorian Woods PRD was approved prior to the enactment of the Growth Management Act and critical area regulations, these difficult circumstances were not known, or at least not fully comprehended when the Lorian Woods PRD was approved. Trying to fit a residence of the size prescribed in the Lorian Woods CC&R's on this small lot with the steep slope and wetland have proved extremely difficult. In fact, it has become apparent that the boundary of Lot 2 must be expanded to accommodate the proposed development. 2. ECDC 20.35.110.A —Modifications to approved PRD's Minor changes to lot lines which do not change the number or orientation of the lots approved through the PRD process may be authorized if these changes were required by engineering or public works or are due to circumstances not known at the time the final plan was approved or if they are located in a portion of the PRD that was already identif ed for potential minor changes. Minor location, siting or lot line changes shall be performed through a lot line adjustment between a property owner of a specific lot and the homeowners' association as the owner of the open space. No change authorized by this section may case any of the following: a. A change in the use, intensity or character of the development; b. An increase in the overall ground coverage ofstructures; c. A decrease in approved traffic circulation utility; and/or d. Any reduction in public use or tenant use areas which include but are not limited to perimeter buffers/setbacks, utility easements, required critical areas open space, usable open space, off-street parking, loading zones, right-of-way or pavement width. 3. Description of Isaacson Minor PRD Amendment Application a. General Description: As shown on the Record of Survey (Exhibit 12), the applicants are proposing to bump out a 50 foot section of the southern lot line 3.5 feet. This lot line adjustment is the minimum necessary to fit the proposed residence on the site and will increase the size of Lot 2 by 175 square feet. b. Number of lots involved: Two lots from the Lorian Woods PRD are included in this proposed PRD Amendment; Lot 2 (Parcel S on Exhibit 12) and Tract "A" Common Area (Parcel A on Exhibit 12). c. Zoning: The subject property is located within the RS -20 Zone (Single -Family Residential). However, since the property is also within an approved planned residential development, the conditions of development for the PRD are applied. See discussion in Section VII above on the Lorian Woods Planned Residential Development. Exhibit I Page 18 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 d. Lot area: i. Proposed lot sizes: Lot area Lot area for for original parcels proposed parcels (sq. ft.) (sq. ft.) Parcel A (Tract "A") 148,660 148,485 Parcel B (Lot 2) 5,897 6,072 ii. Minimum lot area and width: There are no minimum lot width or area requirements within the Lorian Woods PRD. 4. Analysis of Minor PRD Amendment Application: a. Application: Pursuant to ECDC 20.35.110.A, Minor PRD Amendments maybe approved as a lot line adjustment between the property owner and the homeowners association. A land use application signed by Brian Isaacson was received (Exhibit 10) as well as a letter from the president of the Lorian Woods Homeowners Association in support of the application (Exhibit 11). b. Compliance with DCDC 20.35.110.A: i. Unknown circumstances: Given that the Lorian Woods PRD was approved prior to the enactment of the Growth Management Act and critical area regulations, these difficult circumstances were not known, or at least not fully comprehended when the Lorian Woods PRD was approved. ii. A change in the use, intensity or character of the development: The proposed Minor PRD amendment will not change the use, intensity or character of the development. iii. An increase in the overall ground coverage of structures: The proposed Minor PRD Amendment does not increase the overall ground coverage of structures. The Minor PRD Amendment is necessary for the development to be consistent with the Lorian Woods CC&R's, which were approved and recorded with the Lorian Woods PRD. iv. A decrease in approved traffic circulation utility: The proposed Minor PRD Amendment will have no impact on traffic circulation. v. Any reduction in public use or tenant use areas which include but are not limited to perimeter buffers/setbacks, utility easements, required critical areas open space, usable open space, off-street parking, loading zones, right-of-way or pavement width: The proposed Minor PRD Amendment will not result in the reduction of any public use or tenant use areas within the Lorian Woods PRD. Exhibit 1 Page 19 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 c. Required improvements and dedications: The Engineering Division has reviewed the application and is not requiring any improvements or dedications. 5. Public Comment: To date, no public comment letters have been received. 6. Conclusions and Recommendation LL -08-75: a. Significant development limitations exist on Lot 2 of the Lorian Woods PRD. b. The development limitations were not known at the time the Lorian Woods PRD was approved. c. The property owner and Lorian Woods Homeowners Association support the Minor PRD Amendment. d. The proposed Minor PRD Amendment is consistent with the requirements of ECDC 20.3 5.11 O.A. e. Staff recommends APPROVAL of the Minor PRD Amendment to the Lorian Woods PRD LL -08-75. XII. CONCLUSIONS: 1. The subject property, Lot 2 of the Lorian Woods PRD, has special circumstances and considerable development limitations including steep slopes, wetlands, a small lot size, and Covenants, Conditions and Restrictions. 2. The underlying zoning is RS -20 of which single-family dwellings are listed as a permitted primary use. 3. The proposed single family residential development is consistent with the "Single Family Resource" Comprehensive Plan designation for the site. 4. The proposed development is compatible with the surrounding neighborhood. 5. The proposed residence should not be detrimental to the public health, safety and welfare or injurious to property or improvements in the vicinity. 6. The requested 9 foot height variance to increase the height of the residence from the maximum allowable 25 to 34 feet (V-08-53) is consistent with the requirements of ECDC 20.85.010, 7. The requested Critical Area Reasonable Use Variance (V-08-72) is consistent with the requirements of ECDC 23.40.210.A.2 and ECDC 23.40.210.B. 8. The proposed amendment to the Lorian Woods PRD is consistent with the requirements of ECDC 20.3 5.11 O.A, Exhibit 1 Page 20 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 XIII. RECOMMENDATIONS: 1. Based on the analysis and attachments to this report, staff recommends APPROVAL of the height variance V-08-53. 2. Based on the analysis and attachments to this report, staff recommends APPROVAL of the critical area variance V-08-72. 3. Based on the analysis and attachments to this report, staff recommends APPROVAL of the minor amendment to Lorian Woods PRD LL -08-75. 4. Recommended additional conditions: a. The applicants must obtain all necessary building permits. b. The applicants must comply with all the terms of any future permits. c. The amendment to the Lorian Woods CC&R's allowing eaves to extend into the setback from Lot 1 must be recorded prior to the issuance of building permits. d. The approved variances must be acted on by the owner within one year from the date of approval or the variance shall expire and be null and void, unless the owner files an application for an extension of time before the expiration and the city approves the application. e. Submit Minor PRD Amendment documents to be recorded to the City of Edmonds' Planning Division for review prior to recording. Documents must have the city's approval before they can be recorded. f. The applicant must record the approved Minor PRD Amendment documents with the Snohomish County Auditor's office. g. After recoding the Minor PRD Amendment, provide the City of Edmonds Planning Division with three copies of the recorded documents with the recording number on them. The City will not consider the Minor PRD Amendment to have been completed until this is done. XIV. RECONSIDERATION AND RIGHT TO APPEAL 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 Division for further procedural information. 1. Request for Reconsideration: ECDC 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 Exhibit 1 Page 21 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 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. 2. Appeals: ECDC 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 applicant and the date of the decision, the name and address 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 fourteen (14) calendar days after the date of the decision being appealed. 3. Time Limits for Reconsideration and Appeals: The time limits for Reconsideration's and Appeals 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 decision on the reconsideration request, the time clock for filing an appeal continued for the point it was stopped. For example, if a request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration request. XV. PARTIES OF RECORD: Brian and Cindy Isaacson 114 Second Ave. S Edmonds, WA 98020 City of Edmonds, Planning Division XVI. EXHIBITS Lorian Woods Homeowners Association Steve Johnson, President 745 Laurel Street Edmonds, WA 98020 1. Staff Report 2. Lorian Woods Planned Residential Development Plat Map 3. Height Variance Application V-08-53 4. Statement in support of V-08-53 5. Height Variance Site Plans 6. Critical Area Variance Application V-08-72 7. Wetland Report 8. Planting Plan for Tree Cutting Permit Application File No. CU -06-104 & One Sequoia Tree Removed & Replaced under a new 2008 CUP Exhibit 1 Page 22 of 23 Isaacson Single -Family Residential Development File Numbers: V-08-53, V-08-72, LL -08-75 9. Monitoring Plan for Planting Plan 10. Minor PRD Amendment Application LL -08-75 11. Letter from Lorian Woods Homeowners Association 12. PRD Amendment Record of Survey 13. Zoning and Vicinity Map 14. CRA -2006-0147 15, Geotechnical Report: Terra Associates, Inc. June 6, 1989 16. Geotechnical Report: Terra Associates, Inc. September 14, 2005 17. Geotechnical Report: Landau Associates February 17, 2006 18. Geotechnical Report: Terra Associates, Inc. August 7, 2006 19. Geotechnical Report: Landau Associates December 28, 2006 20. Geotechnical Report: Terra Associates, Inc. March 31, 2008 21. Geotechnical Report: Terra Associates, Inc, July 8, 2008 22, Geotechnical Report: Landau Associates July 22, 2008 23. August 28, 2008 letter of incompleteness 24. MDNS for Lorian Woods PRD 25. DNS for CU -06-104 26. Adoption of DNS for CU -06-104 27. Hearing Examiner Recommendation on Lorian Woods PRD 28. Proposed Lorian Woods CC&R's amendment 29. Variance Map 30. Area calculations for proposed residence 31. Public notice affidavits Exhibit 1 Page 23 of 23 Isaacson Single -Family Residential Development File Numbers: 'V-08-53, 'V-08-72, LL -08-75