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ExtensionDecision+Attachments.pdf CITY OF EDMONDS th 121 5Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.EdmondsWA.gov DEVELOPMENT SERVICESDEPARTMENT•PLANNING DIVISION PLANNING DIVISION EXTENSION REQUEST: DECISION Project: Dent SetbackVariance–Request for an Extension of Time File Number: PLN20110072 Date of Report: February 26, 2013 From:____________________________ Gina Janicek,Associate Planner I.APPLICATION 1.Applicant: Paul Dent. th 2.Site Location: 16330 75Place West, Edmonds. 3.Zoning: Single Family Residential (RS-20). Request: 4.An extension of an approved side setbackvarianceto allowa residential addition to be constructed as close as 5 feet from the north and south property lines. 5.Review Process: Extension of time(Type II staff decision)–Planning staff makes the final decision. Major Issues: 6.Compliance with ECDC Chapter 20.85.020.C and D. II.DESCRIPTION OF PROPOSAL The applicant has submitted an application requesting an extension to their variance approval for one year. Approval for the variance was issued on January 27, 2012and was set to expire on January 27, 2013.The variance was granted to allow the applicant to build an addition to hishome in the RS-20 zone, which normally requires the largest side setback in any single family zone (35 feet total, 10 foot minimum side setback). However, their lot is unusually narrow (about 42 feet wide), so a side setback variance was granted to allow the addition to be placed as close as 5 feet from the north and south property lines. III.DECISION Based on the Findings of Fact, Conclusions, andAttachments to this report, the extension request is APPROVED with the following conditions: 1.The extension will be valid until January 27, 2014. Please note that this is the only extension of time that will be permitted for this proposal. 2.The application is subject to the requirements of the Edmonds Community Development Code (ECDC). It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. Extension Request --Dent SetbackVariance File No.PLN20110072 Page 2of 2 IV.FINDINGSOF FACT 1. The applicant received approval for file PLN20110072onJanuary 27, 2012. This request was for a side setback variance to allow an addition to be built as close as 5 feet from the north and south property lines. 2. An extension request was filed with the Planning Division on January 11, 2013, prior to the expiration date of the variance application (Attachment 1). 3. Public notice was issued (posted, mailed, and published) on February 5, 2013. The two week public comment period ended on February 19 at 4:30 PM. No public comments were received. 4. A site visit was conducted on February 1and it was observed that no substantial changes have occurred in the neighborhood. 5. The initial time frame for variances is one year, which is generally adequate time to file building permit applications. 6. This site is located within the Earth Subsidence and Landslide Hazard Area (ESLHA), which requires a neutral third party consultant to review the completeness of the building permit application prior to submittal. The applicant submitted for this “pre” building permit review under file number PRE20130001 on January 11, 2013. Because it is unknown how long it will take the consultant to complete his initial “completeness” review, the applicant chose to also apply for a variance extension in the event that the complete building permit application would not be submitted by the variance expiration date. 7. ECDC Chapter 20.85.020.Callows for a one time extension of approval for variances. 8. ECDC Chapter 20.85.020.D requires extensions to be processed as a “Type II” staff decision where public notice is provided. V.CONCLUSIONS 1. Staff has determined that this is a timely application that meets the requirements of ECDC Chapter 20.85.020.C. 2. Staff has processed this request as a Type II staff decision in accordance with ECDC Chapter 20.85.020.D. 3. No substantial changes have occurred in the neighborhood that would affect the outcome of the request. 4. The extension should be granted for an additional one-year period. 5. Therefore, the extension is valid until January 27, 2014. VI.PARTIESOF RECORD th 1. Paul Dent–16330 75Place West, Edmonds WA 98020. VII.ATTACHMENTS 1. Extension Request 2. Public Notice From:Paul Dent To:Janicek, Gina Subject:RE: Dent variance extension request Date:Tuesday, January 15, 2013 1:35:16 PM Attachments:gina.pdf Hi Gina Attached you'll find a signed and notarized affidavit. The extension on the variance is being applied for due to a delay in determining where the tight lines/drains would discharge. We've been working with Burlington Northern for over 4 months and came to an agreement last month. Once the agreement with BNSF was made, we were able to finalize all the plans. (civil, geo tech, structural, etc). All plans, reports, and misc. documents have been dropped off at the city and are being held by Linda Thornquist in the building department. We are missing a letter from our Civil Engineer and our Geo Technical Engineer. These letters should be obtained no later than next week. At that time, the building permit process will begin. There have not been any change to our site or neighborhood which affects our plans. Thanks Paul Dent 16330 75th pl w Edmonds, WA 98026 Notice of Pending Land Use Application Dent Variance (Extension Request) File # PLN20110072 NAME OF APPLICANT: Paul Dent (owner). DATE OF PUBLIC NOTICE: February 5, 2013. PROJECT LOCATION: 16330 75th Place West, Edmonds (RS-20 zone). PROJECT DESCRIPTION: NOTICE OF APPLICATION AND TWO WEEK COMMENT PERIOD for a ÑType IIÒ extension request. Mr. Dent received approval for his side setback variance on January 27, 2012. The variance was set to expire after one year unless an extension was requested or a complete building permit application received. Mr. Dent is very close to applying for his building permit application. The extension request was submitted January 11 and determined to be complete on January 25. The application is available for review at the Planning Division counter: 121 5th Avenue North, Edmonds. Please contact the project planner if you have any questions. PUBLIC COMMENT INFORMATION: Public Comments DUE Tuesday, February 19 at 4:30 PM. WARNING: The removal, mutilation, destruction, or concealment of posted notices before the removal date is a misdemeanor punishable by fine and imprisonment. This notice was mailed to owners within 300 feet of the site, posted on site, posted at the Public Safety Complex, Library, and at City Hall. It was also Published in the Everett Herald. City of Edmonds Information on this development application can be viewed or Development Services Department obtained at the City of Edmonds Planning Division between the hours of 8:00 AM and 4:30 PM Monday through Friday or online through the Planning Division CityÔs website. Visit www.EdmondsWA.org, navigate to ÑPermits OnlineÒ and then ÑSearch for Permit.Ò 121 5th Avenue North Edmonds, WA 98020 Any person has the right to comment on this application during the public comment period, receive notice, participate in any hearings, Project Planner: Gina Janicek and request a copy of the decision on the application. The City may Gina.Janicek@EdmondsWA.org accept public comments at any time prior to 425.771.0220 x 1778 closing of the record or prior to the decision on the project permit. Only parties of record as defined in ECDC 20.07.003 have www.EdmondsWA.org standing to initiate an administrative appeal.