HE Decision PLN20120041.pdf2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
11101 1' 1
1M N 110119101 1°
Phil Olbrechts, Hearing Examiner
RE: Richard Gifford FINDINGS OF FACT, CONCLUSI®NS
OF LAW AND FINAL DECISI®N
Conditional Use Permit
(PLN20120041)
The Applicant has applied for a conditional use permit to allow an office within an
existing single-family home on a parcel zoned Residential Multi -family (RM -15),
located at 23901 Edmonds Way. The application is approved subject to conditions.
Mike Clugston, Associate Planner, stated the application is for a conditional use
permit to locate an office on a parcel zoned RM -1.5 (multifamily residential). The
site is located at 23901 Edmonds Way. In order to approve the conditional use
permit, the hearing examiner must find that the proposal is consistent with the
comprehensive plan, is consistent with the zoning district, the use will not be
significantly detrimental, and establish whether the permit is transferrable. The
proposal is in the Edmonds Way Corridor which is zoned for multi -family
development and small businesses. Currently, the corridor mostly contains multi-
family homes developments, but there is a small engine shop across the street from
the proposal site. The existing structure on the applicant site is a single family house
that was upgraded in 2010. A conditional use permit is required in the RM -1.5 zone
to begin using the site as an office. The proposal is not detrimental to the area. The
site has three access points and available parking. The Applicant has asked that the
permit run with the land, and staff agrees that the permit should be transferrable.
Staff recommends approval of the conditional use permit with the conditions listed in.
the staff report on page 6. The Department of Engineering reviewed the proposal and
had no issue with having three access points.
CU Permit P. 1 Findings, Conclusions and Decision
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Rick Gifford, 9309 1092nd Place Edmonds, Applicant, stated he has lived in the
community since 1990, and he has been practicing law in the area since 1998. A
building permit cannot be issued until the conditional use permit is approved. Mr.
Gifford would like to move into the property by March. He agrees with the
recommendations and conditions set forth in the staff report. The Edmonds Way
Corridor is a designated planning area under Edmonds' comprehensive plan. The
subject site abuts a right-of-way that connects Edmonds Way to Aurora Avenue along
the northwest side. The city envisions smaller scale business and commercial uses
along this area of Edmonds Way. The proposed office -use for the subject site
matches this development pattern.
Mr. Gifford submitted sixteen photographs that depict the subject site and
surrounding areas. The first photo shows the site as it was in 2001, depicting the
existing access points. The second photo shows the building as it was before being
renovated in 2010. The third photo depicts the building as it currently exists. The
fourth photo shows the upgraded building from a different angle. The fifth photo
depicts the access points along the north edge of the property. The sixth photo shows
the property from the angle facing Aurora Avenue. The seventh photo depicts the
southbound exit from the house. The eighth photo shows an existing business located
across Edmonds Way from the subject property. The business is an auto -repair shop.
Photos nine, ten, and eleven also depict the auto -repair shop and the multi -family
homes that surround the shop. Photos twelve and thirteen show another commercial
office building 150ft to the north of the applicant property. Photos fourteen and
fifteen depict a church and school compound located around the corner from the
subject site. The compound runs from 240th St to 238th St. Photo sixteen shows the
subject property with a single residential site to the south. Two of the access points to
the property will be used for exiting. All applicable development standards under the
zoning code are met or will be met in connection with the completion of the remodel.
These standards will be assessed during the building permit process. Traffic impact
fees have been calculated and will be officially set during the building permit process.
The property owners have done extensive renovations to the property to make it an
ideal office space.
Iof I
The following exhibits were also admitted into the record during the hearing:
Exhibit 1
Land use application
Exhibit 2
Applicant's criteria statement (a -d)
Exhibit 3
Public Notice
Exhibit 4
Technical Comments
Exhibit 5
Applicant Written Comments w/ 16 photos
CU Permit
p. 2 Findings, Conclusions and Decision
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Procedural:
1. Applicant. Richard E. Gifford.
2. Owner. Steven and Kathryn Hinsch.
3. Hearing. The Hearing Examiner conducted a hearing on the subject
application on January 10, 2013 at 3:00 pm in the Council Chambers of the Edmonds
Public Safety Complex.
Substantive:
3. Site and Proposal Description. The Applicant has applied for a conditional use
permit to allow an office within an existing single-family home on a parcel zoned
Residential Multi -family (RM -15), located at 23901 Edmonds Way. The subject site
is fairly level and contains mature vegetation and trees on the eastern portion of the
property. Typical urban landscaping is also present. The site has three access points
to Edmonds Way and these access points will not be modified. The City's public
works department has reviewed the access points and has found them to be safe and
consistent with applicable City regulations. The site also has four parking spaces.
No significant exterior changes or additions are envisioned for the building at this
time but some additional work will be needed to bring the site into compliance
regarding parking, accessibility, landscaping and the like, which is being reviewed
under the associated building permit (BLD20121075).
4. Characteristics of the Area. The parcels in the general vicinity of the subject site
were annexed in the mid-1990s. Uses are typically of a higher intensity along the
Edmonds Way arterial and less intense with distance from the road. The subject site
is triangular in shape with Edmonds Way adjacent on the west. Adjacent to the north
and northwest are several multifamily -zoned parcels developed primarily with
multifamily units. One of the multifamily -zoned parcels (23815 E -W) is developed
with an office which was established in 1987. North and east of the subject site are
single-family zoned and developed parcels. Slightly farther east is a large church and
associated buildings. Across Edmonds Way to the west are multi -family zoned
parcels immediately along Edmonds Way with single family parcels further west.
One Commercial Business -zoned parcel is immediately across Edmonds Way from
the subject site currently developed with a small automotive repair shop.
5. Adverse Impacts of Proposed Use. There are no significant adverse
associated with the proposal. As summarized in Finding of Fact No. 4 and as
depicted in the photographs of Ex. 5, the proposal is fully compatible with the
surrounding multi -family and commercial uses along Edmonds Way. The low
intensity of the proposed use also serve as an ideal transitional use from the intensity
of Edmonds Way and its associated multi-family/commercial uses to the single -
CU Permit p. 3 Findings, Conclusions and Decision
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
family uses located to the east of the project. The proposal will generate negligible
traffic and traffic system impacts will be addressed by the collection of traffic impact
fees when a pending building permit application is approved. Impacts associated
with the proposed law office use should generate minimal noise and light impacts as
well.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ECDC 20.01.003 provides that the
Hearing Examiner will hold a hearing and issue a final decision on conditional use
permit applications. ECDC 16.30.010(C)(1) requires a conditional use permit for
office use in a multi -family residential zone.
Substantive:
2. Zoning Designations. The subject property is zoned Residential Multi-
family (RM -1.5).
3. Permit Review Criteria. The criteria for a conditional use permit are
governed by ECDC 20.050.010. All applicable criteria are quoted below and applied
through corresponding conclusions of law.
ECDC 20.050.010: No conditional use permit may be approved unless all of the
findings in this section can be made.
A. That the proposal is consistent with the comprehensive plan.
4. The criterion is met. The staff report analysis of the comprehensive plan,
located at Section VII of the report, is adopted and incorporated by this reference as if
set forth in full.
ECDC 20.05.010(B): Zoning Ordinance. That the proposed use, and its location, is
consistent with the purposes of the zoning ordinance and the purposes of the zone
district in which the use is to be located, and that the proposed use will meet all
applicable requirements of the zoning ordinance.
5. The proposal meets all applicable zoning requirements. The staff report
analysis of Zoning Ordinance compliance, located at Section VIII of the report, is
adopted and incorporated by this reference as if set forth in full.
ECDC 20.05.010(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.
CU Permit p. 4 Findings, Conclusions and Decision
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
6. As determined in Findings of Fact No. 5, there are no significant adverse
impacts associated with the proposal. The property owners have done an excellent job
in rehabilitating the single-family home on the property and its conversion from a
dilapidated single-family home to an attractive building housing needed commercial
services benefits the Edmonds community and is not significantly detrimental to
public health, safety and welfare.
ECDC 20.05.010(D): Transferability. The hearing examiner shall determine whether
the conditional use permit shall run with the land or shall be personal. If it runs with
the land and the hearing examiner finds it in the public interest, the hearing examiner
may require that it be recorded in the form of a covenant with the Snohomish County
auditor. The hearing examiner may also determine whether the conditional use permit
may or may not be used by a subsequent user of the same property.
7. The conditional use permit shall run with the land and may be used by
subsequent users of the property.
DECISION
The conditional use permit is approved subject to the following conditions:
1. This application is subject to the applicable requirements contained in the
Edmonds Community Development Code (ECDC) and it is the responsibility
of the applicant to ensure compliance with the various provisions contained in
these ordinances.
2. This conditional use permit should be transferable and run with the land.
3. Applicable traffic impact fees will be collected with the associated building
permit.
Dated this 25th day of January, 2013.
y
Phil Olbrechts
City of Edmonds Hearing Examiner
Appeal Right and Valuation Notices
This landuso decision is final and subject to closed record appeal to the City Council
as authorized by ECDC 20.01.003. Appeals must be filed within 14 days of the
CU Permit p. 5 Findings, Conclusions and Decision
1
2
3
4
5
6
7
8
9I
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
issuance of this decision as required by ECDC 20.07.004(B). Reconsideration may
be requested within 10 calendar days of issuance of this decision as required by
ECDC 20.06.010.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
CU Permit
p. 6 Findings, Conclusions and Decision