HE decision CU-2-84.pdfFINDINGS AND DECISION
OFTHE EXAMINER OF THE
CITY OF EDMONDS
IN THE MATTER OF THE APPLICATION FILE: CU -2-84
OF LINDA BAKER FOR.APPROVAL OF A
CONDITIONAL USE PERMIT
DECISION: The conditional use permit is granted
subject to the conditions listed.
INTRODUCTION
Linda Baker, 5308 189th Place S.W., Lynnwood,.Washington,98036,
and hereinafter referred to.as..Applicant, has requested ap-
proval of a conditional use permit for a day care facility
at 20919 76th Avenue West, Edmonds, Washington,and more
.particularly described ;as "
Lot :12 Aurora Home Sites, Volume 13 o
plats, page 92, Records of.Snohomish County.
The specific request is for a conditional use permit to operate
a day care facility in an existing structure.on the subject
property.
A hearing on the request was held before the Hearing Examiner
of the City.of Edmonds; Washington, on February 16, 1984.
At the public hearing the following presented testimony:
Duane Bowman Linda Baker
Planning Department .5308 189th P1: S.W.
City,of Edmonds Lynnwood, ir7A 98036
Edmonds, WA 98020
At the public hearing the following exhibits were presented
and were admitted as evidence:
Exhibit 1 - Staff Report
2 Application
3 - Operation Schedule of proposed
day care center
.4 - Site Plan
5 Declaration of Nonsignificance
6 Vicinity Map
„ 7 ;- Letter of Opposition (Hull)
8 - A rough' draft •of the parking plan
as submitted by the Applicant
After due consideration of the evidence presented by the Appli-
cant; evidence elicited during the public hearing; and, as a
result of the personal inspection of the subject property
and surrounding areas by the Hearing Examiner, the following
findings of fact and conclusions constitute the basis of the
decision of the Hearing.Examiner.
FINDINGS OF FACT
1. The Applicant has requesteda conditional use permit for
the operation of a day care facility. -on property located
at 2091.9 76th Avenue West, Edmonds, Washington, and more
particularly described:as set forth above.
2.. The subject property is 15,24.9 square feet of area. On
the subject property is an existing house,.garage and
shed.
'3. The subject property is zoned.RM-1.5. The .properties to
the north, south,.and east are also. zoned.RM-1.5. The
property to the west is zoned RM -2.4.
4. Section 16.30.020(C) of the Edmonds Community Development
Code requires a conditional use.permit be secured for the
operation of a day care center in an RM -1.5 zone.
5. In order for a conditional use permit to be granted with --
in the City of Edmonds the criteria as.set forth in
Section 20.05.010 of the Edmonds Community Development
Code must be met. Specifically, the criteria are:
a. The request must be consistent with the zoning:ordi-
nance of the zone district in which the proposal is
located;
b. The proposal must not conflict -with the Comprehensive
Policy Plan Map of the City of Edmonds;
P. The proposal must not be significantly detrimental
to the public health, safety or welfare, nor injurious
to private properties or improvements; and,
d. A determination must be made as to whether the conditional'`
use permit should be transferable.
6. The Edmonds Comprehensive Policy Plan Map designates the
subject property as high-density residential.
7 The adjacent property to the south is undeveloped. To
the north of the subject property is multi=family resi-
dential development. To the west of the subject property
is a mixture of commercial and.multiple-family development.
To the east of the subject property are single-family
residences.
8. The Applicant is not the owner of the subject property.
The owner of the subject property is the Applicant's
father who has joined with the Applicant in a request for
a conditional use permit to use the subject property as
a day care facility,
Hearing Examiner Decision
CII -2-84
Page 3
9. The proposed day care center will be servicing 30 children
ranging in age from 1 year through 5 years.
10.. The Applicant will be assisted in the day care operation
by employees. The number of employees is determined by
the Department of Social and Health Services' requirements.
11. The Applicant must provide adequate parking for the
employees. Also, adequate parking -must be provided for
parents who will be bringing their children to and from
the day::oare ,center.
12. A parking plan must be submitted to the City of Edmonds
for their approval prior to any -permits being granted.
.13. The Planning Department of the City of Edmonds has recom-
mended approval of 'the requested conditional use permit
subject to the following conditions:
1. Repair doors to open properly.
2. Provide protection for wall heaters, so children can-
not touch heating elements.
3. Provide a smoke detector for the house to be located
near the bedroom area.
4. Provide a smoke detector for the playroom.
5. Provide and install two 2, A-10, B:C fire -extinguishers;
one in the laundry room and the other in the playroom.
6. A minimum 61 high solid fence should be erected around
the entire rear portion of the property.
7. All exterior changes to the site are to be reviewed
and approved by the Architectural Design Board.
8. A parking plan must be submitted and approved by the
City prior to occupancy of the building.
9. The permit should be transferable.
14, The Applicant testified to be in.agreement-with the recom-
mendation of the Planning.Department and the conditions
as recommended by the Planning Department.
15. The Applicant testified that many of the conditions of
approval as recommended by the Planning Department had
already been met.
16. No adverse testimony was received at the public hearing.
17. A letter in opposition to the proposed day-care facility
Hearing Examine_ Decision
CU -2-84.
Page_4
was .received. .The.letter from.June Hull opposed the
granting of.the conditional use permit on the grounds
that there was insufficient parking in the area.'for a
day .care center to operate without causing disruption
to traffic and -parking nearby.
CONCLUSIONS
1. The application is for the approval of a conditional use
permit for a day care facility at 2091976th Avenue West,
Edmonds, Washington. The.Applicant .is joined in this
application by the owner of the .subject property.
2...The criteria for the approval of 'a conditional use permit
as set forth in Section 20.05 of -the Edmonds Community
Development Code have been met by the application.
3. With conditions the proposed day care facility will be
consistent with the -Comprehensive Plan of the City of
Edmonds which designates the subject property as high-
density -residential.
4. The requested use.of this property as a day care facility
will be consistent with the zoning ordinances of the
City of Edmonds and in particular RM -1.5 property.
5. The requested conditional use permit will not be detri-
mental to the public health, safety or welfare, nor to
nearby private properties or.improvements. The Appli-
cant must provide an adequate parking plan in -order to
provide sufficient parking to employees at the site, and
for parents using the facility.
6. The permit should be transferable.
7. The -Planning Department of the City of .Edmonds has recom-
mended approval of the conditional use permit subject
to the conditions listed in finding #13.
DECISION f
Based upon the preceding findings of.fact.and conclusions, the
testimony and evidence submitted 'at the public hearing, and
upon the impressions of the Hearing Examiner at a site view,
it is hereby ordered that the requested conditional use permit
be granted. The -specific request is for a day dare facility
at 20919 76th Avenue West, Edmonds, Washington,and more par-
ticularly described as set.forth above. The conditional use
permit is granted subject to the following conditions:
1., The Applicant is to repair all doors in the existing
facility so that they open properly according to the
specifications of the City of Edmonds Fire Department.
Any additional doors must also meet this requirement.
Hearing Examiner's Decision
CU -2-$4
Page 5
2. The -Applicant must provide protection for wall heaters
so children cannot touch the heating elements. The
Applicant is -to have all -protective measures approved
by the City of Edmonds Fire Department.
3. The Applicant is to provide a smoke detector for the
house to be located near the bedroom area.
4. The Applicant is to provide a smoke detector for.the
playroom within the facility.
5. The Applicant is to provide and .install .2, A-10, B:C
fire extinguishers. One-ofthe extinguishers is to be
located in .the laundry room and the other in the .playroom.
6. The Applicant is to provide a minimum 6 -foot high solid
fence around the entire rear portion of the property.
This fence is to be erected before occupancy of the
day care facility.
7. A11 exterior changes to the site are to be reviewed
and approved by the Architectural Design "Board of the
"City of Edmonds.
8. A parking plan must be submitted by the Applicant and
approved by the City prior to the occupancy of the
building.
9. The conditional use permit shall be transferable.
10. The Applicant is to comply with all State licensing re-
quirements for day care facilities.
11. The Applicant is to obtain a City of Edmonds"business
license.
Entered this 29th day of February, 1984, pursuant to the
authority granted the Hearing Examiner under Chapter 20.200
of the Community Development Code of the City of Edmonds.
Hearing Examiners Decision
CU -2-84
Page 6
NOTICE OF RIGHT TO APPEAL
Written appeals alleging specific error of fact or other
grounds for appeal may be.filed with the Planning Department,
City of Edmonds, Civic Center, Edmonds, Washington 98020,
within fourteen (14) days of the date.of the Hearing Examiner's
final action.
In this matter, any appeal must be received by the Department
prior to 5:00 p.m. on March 14, 1984,