HE Decision V-38-89.pdfN
89x_199
CITY OF EDMOND%'i"
250 5TH AVE. N. - EDMONDS, WA 98020 ® (206) 771-3202
HEARING EXAMINER
FINDINGS AND DECISION
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
IN THE MATTER OF THE APPLICATION
OF HARRISON JEWELL FOR APPROVAL
OF A VARIAN"'E
LARRY S. NALIGHTEN
MAYOR
FILE: V-38-89
DECISION: The variance is granted subject to conditions listed.
INTRODUCTION
Harrison Jewell, 5535 Seaview Avenue NW, Seattle, Washington 98107,
(hereinafter referred to as Applicant), requested approval of a
variance for a reduction of the required street and side yard
setbacks for development on property at 15706 - 75th Place W,
Edmonds, Washington 98020.
A hearing on the request was held before the Hearing Examiner of the
City of Edmonds, Washington, on December 7, 1989. Because of an
error in recording the proceeding was not taped. An additional
hearing was held on December 13, 1989.
At the hearing the following presented testimony and evidence:
Duane Bowman
Planning Dept.
City of Edmonds
Edmonds, WA 98020
Harrison Jewell
5535 Seaview Avenue NW
Seattle, WA 98107
At the hearing the following exhibits were submitted and were
admitted as part of the official record of this proceeding:
Exhibit 1 - St,�ff Report
2 - Application/Declarations
3 - Legal Description
4 - Plot Plan
5 - Cross Section
6 - Letter to adjacent property owners
11 7 - Letter to Hearing Examiner
�qidpr Cffipr IntprnaflnnAl — Hp4inAn .]An;)n
HEARING EXAMINER DECISION
RE: V-38-89 12/22/89
Page 2
After due consideration of the evidence presented by the Applicant,
and evidence elicited during the public hearing, the following
Findings of Fact and Conclusions constitute the basis of the deci-
sion of the Hearing Examiner.
FINDINGS OF FACTS
1. The application is for the approval of a variance for a re-
duction of the required street and side yard setbacks for develop-
ment on property located at 15706 - 75th Place W, Edmonds,
Washington. (Staff Report)
2. The subject property is zoned RS -20. RS -20 zoned property must
have a minimum of a 25 foot street setback, and at least 35 feet of
side yard setbacks with a 10 foot minimum on each side. It is from
this standard that the Applicant seeks a variance.
3. In order for a variance to be granted within the City of
Edmonds, the criteria as set forth in ECDC 20.85.010 must exist.
Those criteria include:
A. Because of the 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.
HEARING EXAMINER L�CISION
RE: V-38-89 12/22/89
Page 3
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)
4. The subject property is an 8,496 square foot lot that has an
average width of 45 feet. It is a steep lot that slopes to the
west from 75th Place West.
5. Variances for the development of the subject property were
granted in 1977, but were never acted upon and have therefore
lapsed.
6. It is the intent of the Applicant to construct a garage on
the subject property. The variance requested for such con-
struction is for a 0 foot street setback, and a 5 foot side yard
setback.
7. The Comprehensive Policy Plan Map of the City of Edmonds
designates the subject property as low density residential.
8. The street known as 75th Place West fronts the subject
property and terminates immediately north of it. At the termi-
nation point there is a steep slope above the street. The City
has indicated that there are no plans for development of this
street.
9. There is no access to the property from the west. The only
access is off 75th Place West.
10. Because of the narrowness and steep slope of the lot, and the
fact that 75th Place West will not be developed in the near
future, special circumstances exist for the grant of a variance.
11. The variance will not be detrimental to the public, nor to
nearby private properties or improvements. The Applicant has
submitted evidence that the neighboring property owners support
the request.
12. The Planning Department of the City of Edmonds recommended
approval of the variance, but originally indicated that the
Applicant must build a car deck instead of a garage and sign a
conditional deed agreeing to dedicate right-of-way should 85th
HEARING EXAMINER L-CISION
RE: V-38-89 12/22/89
Page 4
Place West ever be developed. The Applicant objected to this
condition, indicating that if he did construct a garage on site,
he would sign a conditional deed and would remove the garage just
as he would a protected carport.
13. The Applicant submitted that a carport will not provide the
necessary protection of his vehicles from the elements.
14. The City, upon further review, indicated that the Applicant
could develop the site with the proposed garage.
15. No adverse testimony was submitted.
CONCLUSIONS
1. The Applicant requested approval of a variance for a reduc-
tion of the required street and side yard setbacks for development
on property located at 15706 - 75th Place W, Edmonds, Washington.
2. The Applicant seeks a 0 foot street setback and 5 foot side
yard setbacks. These setbacks are in excess of the standards as
set forth in ECDC 16.20.030. Accordingly, a variance is required.
3. Special circumstances, including the shape of the subject
property, the location of the property at the end of a terminated
street, and the steep terrain of the general area, exist for the
granting of a variance.
4. Based upon the above special circumstances, the grant of the
variance will not be the grant of a special privilege to the
Applicant.
5. The grant of the variance is consistent with the purposes of
the Comprehensive Plan of the City of Edmonds and the low density
residential designation because it will provide an adjunct to a
single family residence.
A
6. In order for a variance to be granted within the City of
Edmonds the criteria of ECDC 20.85.010 must be satisfied. The
application satisfies these criteria.
7. The requested variance does not pose a significant impact to
the public nor to nearby private properties and improvements.
HEARING EXAMINER LL-CISION
RE: V-38-89 12/22/89
Page 5
8. The requested variance is the minimum variance.
DPrTgTnm
Based upon the preceding Findings of Facts 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 variance for a reduction of the
required street and side yard setbacks for development on property
located at 15706 - 75th Place W, Edmonds, Washington is granted
subject to the following conditions:
1. The street setback for the detached garage at 15706 - 75th
Place W, Edmonds, Washington, is 0 feet. The side yard setbacks
shall be 5 feet on the north end of the property and 5 feet on the
south end of the property.
2. The Applicant shall obtain a building permit for all improve-
ments.
3. In lieu of 10 feet of dedication required by the official
Street Map, the Applicant shall file a conditional deed, approved
as to form by the Edmonds City Attorney. The deed shall be filed
with the Snohomish County Auditor, and it shall state that 10 feet
of right-of-way along 75th Place West shall be dedicated to the
City at the time of the filing of a resolution of the City Council
of the City of Edmonds, requiring the widening of said road. In
addition, the conditional deed shall show a clause requiring that
no compensation be allowed for the removal of the proposed garage.
4. The variance must be acted upon within one year or it shall
expire, unless an extension is granted by the City.
Entered this 21st day of December, 1989, pursuant to the authority
granted the Hearing Examiner under Chapter 20.100 of the Community
Development Code o the City of Edmonds.
/-1 n
ES M. DRISCOLL
ring Examiner
HEARING EXAMINER DLk2ISION
RE: V-38-89 12/22/89
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 January 8, 1990.
� THIS PACKET SENT TO THE ~~
HEARING EXAMINER ON 12/l/89
EXHIBIT LIST
V-38-80
EXHIBIT I - STAFF REPORT
EXHIBIT 2 - APPLICATION/DECLARATIONS
EXHIBIT 3 - LEGAL DESCRIPTION
EXHIBIT 4 - PLOT PLAN
EXHIBIT 5 - CROSS-SECTION
�
'
STAFF REPORT TO THE HEARING EXAMINER
211911�-* U11
HEARING DATE: December 7, 1989
I. REQUESTED ACTION:
Variance to reduce the required street and side yard setbacks for
proposed residence and detached garage at 15706 75th P1. W.,
Edmonds.
II. APPLICANT:
Harrison Jewell
5535 Seaview Ave. N.W.
Seattle, WA 98107
III. LEGAL DESCRIPTION:
The north 45 feet of Lot 5, Block 28 of the Plat of Meadowdale
Beach recorded in Volume 5 of Plats, Page 38, records of
Snohomish County, Washington, together with the vacated 75th Ave.
W. lying adjacent thereto.
IV. STAFF FINDINGS AND CONCLUSIONS:
A. Description of the Subject Property and Surrounding Area
The subject property is located on the west side of the 75th P1.
W., north of 158th St. S.W. in the north Meadowdale area of
Edmonds. The lot contains 8,496 square feet. It is quite narrow
(45 feet in width). The property slopes steeply to the west away
from 75th P1. W..
The Applicant was granted variances from the side yard setbacks
in 1977, under file V-13-77. The variances allowed setbacks of 8
feet on the south and 9 feet on the north. The variance was
never acted on.
The Applica►t is now seeking variances to reduce the required 25
foot setback from 75th Pl. W. to 0' to allow for a garage and to
reduce the side yard setbacks to 5 feet. Code requires a 25 foot
street setback and sum of the side yard yards to equal 35 feet.
Surrounding development is entirely single family residential.
Puget Sound is located to the west.
B. Official Street Map
Proposed R/W Existing R/W
East - 75th P1. W. 60' 50'
Staff Report
V-38-89
The Official Street Map indicates that a 10 foot dedication is
required along 75th Pl. W.
C. Conformance to Chapter 20.85.010
1. Special Circumstances
Special circumstances do appear to exist in this particular
case. The property is very narrow and slopes very steeply from
the street property line to the west.
2. Special Privilege
Based upon the circumstances, the proposed variance does not
appear to represent a grant of special privilege.
3. Comprehensive Plan
The Comprehensive Policy Plan map designates the subject property
as Low Density Residential.
The proposed variance does not appear to conflict with the
purposes of the Comprehensive Plan.
4. Zoning Ordinance
The subject property is zoned RS -20.
The proposed variance does not appear to conflict with the
purposes of the zoning ordinance and the RS -20 zone district.
5. Not Detrimental
The proposed variance does not appear to pose any significant
impact to the public or to any near by private property or
improvement.
6. Minimum Variance
Based upon the circumstances, the proposed variance does appear
to representa minimum variance request.
V. STAFF RECOMMENDATION:
The proposal appears to meet the variance criteria. Due to the
dedication requirement, the parking structure should be a carport
rather than an enclosed garage. Should the Hearing Examiner
decide to grant V-38-89, the approval should be subject to the
following condition:
1. The Applicant shall obtain a building permit for all
improvements.
Staff Report Page 3
V®38®89
2. In lieu of dedication of the 10 feet 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 feet of right-of-way along 75th
Pl. 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. In addition, the conditional deed
shall show a clause requiring that no compensation be allowed
for the removal of the proposed carport structure.
3. The variance must be acted upon within one year or it shall
expire, unless an extension is granted by the City.
CI)/ OF EOM0NDS
HEARING EXAMINER
-` APPLICATION FOR VARIANCE
FILE
DATE C2 1:2�7
FE
/
APO3
HEARING DATE
ZONE
APPLICANT Harrison and Gail Jewell ADDRESS 5535 Seaview Ave.N.W.
CITY & 7IP Seattle- 810PHONE—
'
INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Owner
OWNER Harrison Jewell ADDRESS 5535 Seaview Ave.
`
CITY & 7IP
Seattle
98107PHONE
789-1382
LOCATION OR
ADDRESS OF
PROPERTY_
15206 75th Pl, klest, E -d —31IL-93-02-0—
LEGAL DESCRIPTION OF PROPERTY See attached
VARIANCE REQUESTED: e o
lot. b) a variance to construct a detached two -car garage
DETAILS OF PROPOSED USAGE: ly
home. b) orotacted oerkino
Harmless
The Undersigned applicant, his heirs and aS3iOUS, 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 f any action or iO8CtiOO based in whole or in part upon
,i
fl
misleading Or i000m"te information furnished by the applicant, his agents or
employees. Permission to Enter
Subject Property
The undersigned applicant grants his, her or its permission for public officials and the
staff of the City of Edmonds to enter the SUhieCt property for the VUrpOS8 of inspection
and posting attendant to this application.
Z-�A, 6:&,
`-
--i rlicant, Owner '®rRe'pZen�tativW
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?
a) The lot is 45 feet wide and site standards limit development. b) extremely
construction
sloped site makes difficult and set -back requirements would place
garage 30 feet above grade.
2. How does your property differ from other property in the same
vicinity?
a) It does not. The property to the south has a 3 foot set -back on its north
..- .- ¢. ..- rt...- ._ - nA r n n r rAr..
July 1986 a variance was granted to. the property to the south fuer 7Prn minimum
set -back from the street and construction of a caro t.
3. Will this variance be detrimental to the pu�lic or damaging to
other property or improvements in the vicinity?
M
4. What hardships will result to you if the variance is not granted?
Will these hardships have been caused by your own action?
a) It would be impossible to build on lot. b) The inability to have protected
parking. No
S. Can you make reasonable use of your property without the variance?
No
Exhibit 3
lippre,limp)«• • •'
THE NORTH 45 FEET OF LOT 5, BLOCK 28 OF THE PLAT OF MEADOWDALE BEACH RECORDED
IN VOLUME 5 OF PLATS, PAGE 38, RECORDS OF SNOHOMISH COUNTY, WASHINGTON.
TOGETHER WITH A PORTION OF VACATED 75th AVENUE WEST LYING ADJACENT
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