HE decision V-17-86.pdfRECEIVED
AUG 6 61986
¢ CITY OF EDMO-
pS
LARRY S. NAUGHT
MAYOR
�,_, 250 51h AVE. N. • EDMONDS, WASHINGTON 98020 • (206) 771-3202
z HEARING EXAMINER
FINDINGS AND DECISION
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
IN THE MATTER OF THE APP.LICAT'ION FILE: V-17-86
OF JEAN RIGGLE FOR APPROVAL OF A
VARIANCE
DECISION: The variance is granted subject to
the conditions listed.
INTRODUCTION
Jean Riggle, 15714 - 75th Place West, Edmonds, Washington, 98020,
and hereinafter referred to as Applicant, has requested approval
of a variance for property located at 15714 - 75th Place West,
Edmonds, Washington, and more particularly described as:
South 15 feet of Lot 5 and North 30 feet
of Lot 6, Block 28, Together with a portion
of 75th Avenue West, Lying adjacent, Vol. 5,
Page 38, Snohomish County, Washington.
The specific variance requested is for the reduction of the
required 25 foot street setback to a zero foot setback to allow
the construction of a carport on the subject property.
A hearing on the request was held before the Hearing Examiner on
July 17, 1986.
At the public hearing the following presented testimony and
evidence:
Duane Bowman
Planning Dept.
City of Edmonds
Edmonds,`WA 98020
Vince Ojala
310 - 1st South, #332
Seattle, WA 98104
At the hearing the following exhibits were submitted and admitted
as part of the official record of this proceeding:
Exhibit 1 - Staff report
It
2 - Application/Declarations
" 3 - Plot Plan/Elevations
4 - Vicinity Map
Findings and Decision of the
Hearing Examiner of the City of Edmonds
Re: V-17-86
Page 2
FINDINGS OF FACT
1. The application is for the approval of a variance for the
reduction of a street setback from the allowed 25 -foot street
setback to one of zero feet. The subject property is located
at 15714 7 75th Place West, Edmonds, Washington, and more
particularly described as set forth above. (Staff report.)
2. The subject property is zoned RS -20. Section 16.20.030 of the
Edmonds Community Development Code (ECDC) establishes that
RS -20 zoned property shall have minimum street setbacks of
25 feet. It is from this section of the code that the Appli-
cant seeks a variance. (ECDC.)
3. Section 20.85.010 of the ECDC sets forth the criteria for the
granting of a variance. These criteria include:
A. Because of special 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.
B. 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. The approval of the variance will be consistent with the
Comprehensive Plan of the City of Edmonds.
D. The approval of the variance will be consistent with the
purposes of the zoning ordinance and the zone district
in which the property is located.
E. 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. The requested. variance is the minimum necessary to allow
the owner the rights enjoyed by other properties in the
vicinity with the same zoning.
(ECDC.)
A
4. The subject property is a small narrow lot that slopes to the
west significantly. On the site is an existing small resi-
dence. The Applicant is seeking a variance to allow a carport
to be constructed adjacent to the small residence. (Staff
report.)
5. Because of the steepness of the slope and the narrowness of
lot, the only reasonable location for the placement of the
proposed carport is on a plateau that is within the required
25 -foot street setback. The Applicant desires to construct
Findings and Decisi,
Hearing Examiner of
Re: V-17-86
Page 3
of the
the City of Edmonds
a carport on this plateau with the use of the variance.
(Bowman testimony.)
6. Other properties in the vicinity have been granted variances
because of the shape of the lots and the terrain of the land.
In addition, the property to the south of the subject property
has been allowed to develop covered parking within part of the
public right-of-way. (Staff report and Bowman testimony.)
7. The Comprehensive Plan of the City of Edmonds designates the
subject property as Low Density Residential. The requested
variance will not conflict with the purposes and goals as
set forth in the Comprehensive Plan. (Staff report and
Bowman testimony.)
8. No views will be impacted by the granting of a variance. The
proposed variance will not create a significant impact to the
public nor to nearby private properties or improvements.
(Bowman testimony.)
9. The carport will be a pole structure with a roof. It will
create no bulk or area impacts to the neighborhood. (Bowman
testimony.)
10. The Planning Department of the City of Edmonds recommended
approval of the variance subject to the following conditions:
1. The Applicant obtain and comply with all building permit
requirements.
2. In lieu of dedication of the 10' required by the Official
Street Map, the Applicant file a conditional deed, approved
as to form by the City Attorney, with the Snohomish County
Auditor stating that the 10' of right-of-way along 75th
Place West shall be dedicated to the City of Edmonds
at the time of filing of a resolution of the City Council
requiring the widening of the said road. Further, that
the conditional deed shall provide a clause requiring
no compensation for removing the proposed parking
structure.
(Staff report.)
11. The City's representative submitted that recommended condi-
tion of approval #2 is inserted to protect the City should
75th Place West be developed at a later date. At the present
time there are no plans for the development of this street.
However, if the street is improved or developed and condition
#2 is adopted,,the Applicant will be required to provide 10
feet of right-of-way without compensation. (Bowman testimony.)
12. No adverse testimony was received in this matter.
Findings and Decisi
Hearing Examiner of
Re: V-17-86
Page 4
of the
the City of Edmonds
CONCLUSIONS
1. The application is for a variance for a reduction of the
street setback on property located at 15714 - 75th Place West,
Edmonds, Washington. The specific request is for a reduction
of the 25 -foot street setback to a zero -foot street setback.
2. The application satisfies the criteria for the granting of a
variance as set forth in Section 20.85.010 of the ECDC.
3. Special circumstances exist for the granting of a variance.
Because of the steep slopes on the lot and the narrowness of
the lot the Applicant is restricted in the placement of a
carport.
4. The granting of the variance is not the grant of a special
privilege. Other variances have been granted in the area
and another property has been allowed to be developed partially
in the right-of-way.
5. The granting of a variance will not be inconsistent with the
purposes of the zoning ordinance of the City of Edmonds and
in particular the RS zoning ordinance as set forth in
Section 16.20.000 of the ECDC.
6. The requested variance is consistent with the Comprehensive
Plan of the City of Edmonds and in particular the goals and
purposes as set forth in Chapter 15.20 of the ECDC.
7. The granting of a variance will not impact the properties
in the vicinity.
8. The variance is the minimum necessary to adequately develop
the carport and subject property properly.
9. The Planning Department of the City of Edmonds has recommended
approval of the variance subject to the conditions listed in
Finding #10.
DECISION
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 variance request is granted for the
reduction of the street setback at 15714 - 75th Place West,
Edmonds, Washington. The specific variance granted is a reduction
of the 25 -foot street setback to a zero -foot street setback. This
variance is conditioned upon the following:
1. The Applicant is to obtain and comply with all building
permit requirements.
Findings and Decisi, of the
Hearing Examiner of the City of Edmonds
Re: V-17-86
Page 5
2. The Applicant is to secure all other necessary permits from
the City of Edmonds prior to construction.
3. In lieu of dedication of 10 feet for right-of-way purposes
as required by the Official Street Map of the City of Edmonds,
the Applicant shall file a conditional deed, approved as to
form by the City Attorney of the City of Edmonds. The deed
shall be filed with the Snohomish County Auditor. The deed
shall state that the 10 -foot of right-of-way along 75th
Place West shall be dedicated to the City of Edmonds at the
time of the filing of a resolution * the City Council of
the City of Edmonds that requires the widening of the
75th Place West. In addition, the conditional deed shall
show a clause requiring that no compensation be allowed for
the removal of the proposed parking structure.
Entered this 4th day of August, 1986, pursuant to the authority
granted the Hearing Examiner under Chapter 20.100 of the Community
Development Code of the City of Edmonds.
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 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 August 18, 1986.
~ THIS PACKET SENT TO HEARING _
EXAMINER ON JULY lO, 1986
EXHIBIT LIST
EXHIBIT l - STAFF REPORT
EXHIBIT y - APPLICATION/DECLARATIONS
EXHIBIT 3 - PLOT PLAN/ELEVATIONS
EXHIBIT 4 - VICINITY MAP
�
^
EXHIBIT 1
STAFF REPORT TO THE HEARING EXAMINER
FILE: V-17-86
HEARING DATE: July 17, 1986
I. REQUESTED ACTION:
Variance to reduce the required 25' street setback to 0' to allow
for the construction of a carport at 15714 75th P1. W., Edmonds.
II. APPLICANT/OWNER:
Jean Riggle
15714 75th Pl. W.
Edmonds, WA 98020
III. LEGAL DESCRIPTION:
See Exhibit 2
IV. STAFF FINDINGS AND CONCLUSIONS:
A. Description of the Subject Property and Surrounding Area
The subject property is a small narrow lot located in the
north Meadowdale area of Edmonds, on the west side of 75th
P1. W. There is an existing small residence located on the
property.
On January 23, 1986, the Hearing Examiner granted a variance
to the applicant to reduce the required side minimum side
setback to 5' to allow an addition onto the existing
residence, under file #V-30-85. The Applicant is now
seeking a variance to allow the construction of a carport on
the upper plateau of her lot.
Surrounding development is single family residential.
B. Official zl Street Map
Proposed R/W Existing R/W
East - 75th P1. W. 60' 60'
The Official Street Map indicates that a 10' dedication is
required along 75th Pl. W.
C. Conformance to Chaff ter 20.85.010
Staff Report Page 2
V-17-86
1. Special Circumstances
Special circumstances do appear to exist in this
particular case due to the topography of the lot.
2. Special Privilege
The proposed variance does not appear to represent a
grant of special privilege. The property to the south
has developed covered parking into the public right-of-
way.
3. Comprehensive Plan
The Comprehensive Policy Plan map designates the
subject property and surrounding area as Low Density
Residential.
The proposed variance, as conditioned, does not appear
to conflict with the purposes of the Comprehensive
Plan.
4. Zoninq Ordinance
The subject property, as well as the surrounding area,
is zoned RS -20.
The proposed variance, as conditioned, does not appear
to conflict with the purposes of the zoning ordinance
or the RS -20 zone district.
5. Not Detrimental
The proposed variances does not appear to pose any
significant impact to the public or to any near by
private property or improvement.
6. Minimum Variance
Given the circumstances, the requested variances do
ap-pear to represent a minimum variance request.
V. STAFF RECOMMENDATION:
It is the recommendation of the staff that V-17-86 be approved,
subject to the following condition:
1. The Applicant obtain and comply with all building permit
requirements.
Staff Report
V-17-86
Page
2. In lieu of dedication of the 10' required by the Official
Street Map, the Applicant file a conditional deed, approved as
to form by the City Attorney, with the Snohomish County
Auditor stating that the 10' of right-of-way along 75th P1. W.
shall be dedicated to the City of Edmonds at the time of
filing of a resolution of the City Council requiring the
widening of the said road. Further, that the conditional deed
shall provide a clause requiring no compensation for removing
the proposed parking structure.
EXHIBIT 2
DATE if
CITY OF EDMONDS
FEE", '
HEARING EXAMINER RECT
APPLICATION FOR VARIANCE APO'S
HEARING DATE
APPLICANTJ�
am tt ADDRESS
m( -
CITY & ZIP PHONE
INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY_
LOCATION OR ADDRESS OF PROPERTY t w P
LEGAL DESCRIPTION OF PROPERTY '02, 1 1 &E L
Q WP %ZtMRl
VARIANCE REQUESTED: 1, � ( LA&V Or
LAf
f y,.(e.T
. ,
FOR OFFICE USE ONLY: USE ZONE:
ZONING ORDINANCE REQUIREMENT:
Release/Hold Harmless Agreement
The undersigned applicant, his heirs and assigns, in consideration for
the City processing the application agrees to release, indemnify, defend and
hold the City of,Edmonds harmless from any and all damages and/or claims for
damages, including reasonable attorneys' fees, arising from any action
or inaction is'4sed in whole or in part upon false, misleading or incomplete
information furrshed by the applicant, his agents or employees.
Permission to Enter Subiect Propert
The undersigned applicant grants his, her'�r its per,
officials and the staff of the City of Edm ds to. -e
for the purpose of inspection and posting a tendai
✓ A
Signatur " o._ An
R.epresenative
ssion for public
r the subject property
✓this application.
cant, Owner or
q .,
DECLARATIONS OF APPLICANT
Please answer all questions
1. What are the physical characteristics, (i.e. topography, shape
of lot, etc.) which create a hardship for you in regard to
development of your property?
2. How does your property differ from other property in the same
vicinity?
3. Will this variance be detrimental to the public or damaging to
other property or improvements in the vicinity?
�p
4. What hardships will result to you if the variance is not granted?
Will these hardships have been caused by your own action?
W&DIl
5. Can you make reasonable use of your property without the variance?
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