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HE decision V-97-27 .pdfCITY F EDMONDS BARBARA FAHEY MAYOR 250 57H AVENUE NORTH m EDMONDS, WA 98020 • (2W 771-0220 ® FAX (206) 771-0221 HEARING EXAMINER �S r 18 9 FINDINGS, CONCLUSIONS AND DECISION OF THE HEARING EXAMINER CITY OF EDMONDS APPLICANT: Walt Pisco CASE NO.: V 97-27 LOCATION: 15722 - 75th Place W. APPLICATION: Multiple variances to: 1) reduce the cumulative required side setbacks (north and south property lines) from 35 feet to 12.5 feet; 2) reduce the minimum side setback requirements (south property) from 10 feet to 5 feet; 3) reduce the minimum side setback requirements (north property) from 10 feet to 7.5 feet; 4) reduce the minimum required street setback (east property line) from 25 feet to 10 feet; and, 5) increase the maximum permitted height of 25 feet to 30 feet above the average grade level for the peak of a garage roof attached to a residence. The requested variances have been sought to allow additions to an existing residence including a new attached garage (see Exhibit A, Attachments 2 through 4). REVIEW PROCESS: Variance: Hearing Examiner conducts public hearing and makes final decision. MAJOR ISSUES: a. Complianloe with Edmonds Community Development Code (ECDC) Chapter 20.85 (VARIANCES). b. Compliance with Edmonds Community Development Code (ECDC) Section 16.20.030 (SITE DEVELOPMENT STANDARDS). Incomoruted August 11, 1890 .ryI stet Cities International — Hekinan. Javan SUMMARY OF RECOMMENDATION AND DECISION: Staff Recommendation: Hearing Examiner Decision: PUBLIC HEARING: Hearing Examiner Decision Case No. V-97-27 Page 2 Partial approval with conditions Partial approval with conditions After reviewing the official file which included the Planning Division Staff Advisory Report; and after visiting the site, the Hearing Examiner conducted a public hearing on the application. The hearing on the application was opened at 9:01 a.m., May 1, 1997, in the Plaza Room of the Edmonds Library and at 9:03 a.m. was continued to June 5, 1997. The hearing was reopened at 9:14 a.m., June 5, 1997, in the Community Services Conference Room, 250 5th Ave. N., Edmonds, Washington, and was closed at 9:25 a.m. Participants at the public hearing and the exhibits offered and entered are listed in this report. A verbatim recording of the hearing is available in the Planning Division. HEARING COMMENTS: The following is a summary of the comments offered at the public hearing. From the City: Meg Gruwell, Project Planner, reviewed the staff report and noted that: • Two surveys have been prepared and the one which is most restrictive is the one which will be used. • The garage would be allowed at the proposed height if it were a detached rather than an attached garage, however, in that case, the house would need a 7 foot height variance. • The new garage will be much longer along 75th Place W. than the existing garage. • The new garage may restrict some views because of its additional length and the fact that it will be approximately 2 feet higher than the existing garage. • The proposal is consistent with the variance criteria, except for the height variance. From the Applicant: Vince Ojala, Architect, said: • Everything is within the height limit, except the garage. • The pitch on the garage roof will allow for drainage. • He didn't see where there would be any impact to views. Hearing Examiner Decision Case No. V-97-27 Page 3 J. David Smith, Attorney, said: • The biggest concern expressed by staff is view impact. • The architect is proposing a structure which is consistent with other structures in the vicinity, which he also designed. • There have been several other height variance approvals in this area. • The house is designed to be consistent with the site. • The garage is only a little over 2 feet higher than the existing garage. • If there is any view impact, it would be an impact to the view of the railroad tracks. Walt Pisco, Applicant, said: • All issues from the prior submittal have been addressed with the neighbor who opposed the prior submittal. • He is not proposing to add onto the deck as he did on the last application. • The house is being designed to minimize impacts on views. From the Community: No one from the general public spoke at the public hearing. FINDINGS OF FACT AND CONCLUSIONS A. SITE DESCRIPTION 1. Site Development And Zoning: a) Facts: (1) Size: The subject property is approximately 8,500 square feet in area, with a 50 -foot width along 75th Place W. (see Exhibit A, Attachment 4). Previously, the lot was 45 -feet wide,% but the applicants have submitted information showing that on October 3, 1996, title in the strip of land south of the subject lot and approximately 5 feet in width, from 75th Place W. to the southwest corner of the Pisco's house was quieted in Walter Pisco. Though the court has declared this strip of land to belong to the Piscos, no lot line adjustment has been done yet. The lot size is further complicated because two surveys done show different locations of the property lines, so this application has been revised to reflect the most restrictive survey. Hearing Examiner Decision Case No. V-97-27 Page 4 (2) Land Use: The subject property is currently developed with a detached single-family residence. (3) Zoning: The subject property is located in a single-family residential zone (RS -20); (see Exhibit A, Attachment 1). (4) Terrain and Vegetation: The subject property slopes from east to west with portions of the site exceeding 25010 slope. Landscaping includes grass, shrubs, and trees. 2. Neighboring Development And Zoning: a) Facts: (1) The lots on the north, south and east sides of the subject property are developed with detached single-family residences, and zoned RS -20 (see Exhibit A, Attachment 1). (2) To the west is the Burlington Northern Railroad right-of- way and tracks and the Puget Sound (see Exhibit A, Attachment 1). b) Conclusion: The proposed development would be consistent with the surrounding zoning and development. 3. History of Variances in the Neighborhood and on the Site: a) Facts: (1) In 1985, Jean Riggle at 15714 - 75th Place W. (the property directly north) requested a variance to reduce the side setback (file V-30-85). The variance was approved, but was not acted upon within the required one year. In 1986, Jean Riggle requested a variance to the required street setback (V-17-86) to allow a carport at the same setback as is currently being requested in this proposal. This request was approved, but not acted upon. In 1990, Ms. Riggle requested a variance to the street and side setbacks and to the height limit to allow her current home (V-6-90). Staff recommended approval of the street and side setback variances, and recommended denial of the height, variance. The Hearing Examiner approved all of the requested variances. (2) In 1989, Gail and Harrison Jewell at 15706 - 75th Place W. (two properties to the north of the subject parcel) requested a variance to the required street and side setbacks (V-38-89). This variance was approved. In 1990, the Jewells requested a height variance for both their house and garage (V-5-90), which was also approved. In this case also the staff recommended approval of the setback variances, but recommended Hearing Examiner Decision Case No. V-97-27 Page 5 denial of the height variance. The Hearing Examiner approved all of the requested variances. (3) In 1993, Ursula Schluter at 15620 - 75th Place W. (several properties to the north of the subject parcel) requested a variance to the required street setback and height limit (V-93-11) to allow a driveway/bridge from the road to a garage on the top of her proposed house. These variances were approved. (4) In 1996, Walter Pisco, owner of the subject property at 15772 - 75th Place W., requested a height variance from 25 feet to 33 feet to allow him to reconstruct the roof on his existing house at a steeper pitch in order to make maintenance easier. This variance was denied. Reasons given for the denial include that it was not the minimum variance needed, as the roof could be replaced in the same configuration, and that the height variance could impact the views of surrounding property and therefore be detrimental to them. B. STATE ENVIRONMENTAL POLICY ACT (SEPA) 1. Fact: Variances granted based on special circumstances are exempt from SEPA review (WAC 197-11-800(6)(b) and ECDC 20.15A.080). 2. Conclusion: Where special circumstances are shown to exist, the requirements of ECDC 20.15A have been met. C. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE 1. a) Facts: The basic site development standards pertaining to single-family development in an RS -20 zone are set forth in ECDC Section 16.20.030. (1) Minimum setbacks are 25 feet to the street property line, 25 feet to the rear property line, 10 feet to the side property lines, and the side setbacks added together must total at least 35 feet. (2) The baximum allowed height for primary structures is 25 feet. Maximum allowed height for accessory structures is 15 feet. Height calculations are based on an average grade, taken from original, undisturbed soil. b) Conclusion: Except for the many variances requested, the proposal complies with the requirements of the zoning ordinance. Hearing Examiner Decision Case No. V-97-27 Page 6 2. a) Facts: (1) ECDC Chapter 20.85 sets forth the mechanism whereby a provision of the Code may be varied on a case-by-case basis if the application of the provision would result in an unusual and unreasonable hardship. The criteria are as follows: (a) Special Circumstances: That because of special circumstances relating to the property such as size, shape, topography, location or surroundings of the property, 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. Special circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to comply with the zoning ordinance, the ability to secure a scenic view, the ability to make more profitable use of the property, not any factor resulting from the action of the owner or any past owner of the same property. (b) Special Privilege: That 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) Comprehensive Plan and Zoning Ordinance: That the approval of the variance will be consistent with the intent of the comprehensive plan, the zoning ordinance, and the zoning district in which the property is located. (d) Not Detrimental: That 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 the same zone. (e) Minimum Variance: That the approved variance is the minimum necessary to allow the owner rights enjoyed by other properties in the vicinity with the same zoning. (2) The applicant has presented declarations to respond to all of the required criteria as follows (see Exhibit A, Attachment 4). (a) Side Setbacks: The applicant points out that with only a 50 -foot maximum lot width, the requirement of a 35 -foot combined side setback would leave only a 15 -foot building area over the existing house, which they feel leaves an impractical living area. The applicant also states that a poor survey, not of his doing, created the Hearing Examiner Decision Case No. V-97-27 Page 7 close proximity to the side of his property. There are also two surveys which have been done, and the two surveys do not agree, so the applicant is using the survey which shows him with the least area in requesting the 7.5 foot side setback. Street Setback: Due to the steep slope, the applicant states they meet the requirement for special circumstance, since meeting the 25 -foot setback would require a steeply sloped driveway and more disturbance of the soil. The applicant notes that owners to the north were both granted exceptions to the front setback requirement for the construction of their garages for similar reasons. Height Limit: The applicant would like to construct a sloped roof, and believes that the owners to the north were granted exceptions to the allowable height for the construction of their garages. (b) The applicant states that this proposal is not a grant of special privilege because other property owners have received variances for similar reasons. (c) The applicant states that this proposal will be consistent with the Comprehensive Plan because it will be improving and adding a garage to an existing single- family residence. (d) The applicant states that this request is similar to other variances which have been approved, and if no variances are granted the zoning ordinance would curtail construction due to the narrow lot width. (e) The applicant states that the proposal will not be detrimental to the surrounding area. The variance to setbacks they state will allow for standard construction, and the house will be 2 feet under the allowable height. The construction of a new garage will remove the old garage, which was partly in road right-of-way, and will only exceed the height of the existing garage by 2 feet, but since the garage will be 12 feet further west, they feel the visual impact of the new garage would be minimal. (f) The applicant states that this proposal is the minimum necessary for a practical remodel and alteration to the owner's property to allow them to have a residence similar in size and appearance to ones those to the north where variances were granted. (3) The applicant applied for a height variance to allow a new roof to be added to his home at this same address under file Hearing Examiner Decision Case No. V-97-27 Page 8 number V-96-139. That variance was to allow the maximum allowed height to be increased from 25 feet to 33 feet. That variance was denied as it was not the minimum variance required, and could potentially affect the neighbor's view. b) Conclusions: (1) For most of the proposed variances, the proposal meets the special circumstances criteria due to the narrow width of the property and steep slope from the street. Because of the narrow width, a requirement of a 35 -foot combined side setback would severely limit the building area available. Also because of the steep slope from the road, it is reasonable to place the garage at the top of the hill in the street setback. The applicant also mentions a survey which he did not do which was in error as a special circumstance, but this would be considered an action of past owners or their agents. The applicants have indicated that they would like to have the height variance in order to allow a pitched roof on their garage, similar to what their neighbors have. The proposal to have a pitched roof on the garage is predicated on a personal desire of the applicant. Reasonable use of the land could be achieved if a flat roofed garage were to be constructed. An earlier submittal shows that a detached garage could maintain the required 15 -foot height limit for accessory structures, so the slope on the site does not prevent them from having a garage with a pitched roof. However, if the garage were detached, the house as proposed would require a height variance of approximately 7 feet. (2) The approval of this variance request will not be a grant of special privilege as the two lots to the north leave also received side and street setback variances andN height variances. (3) Approval of the proposed variances would allow for the continued use of the site in a manner consistent with the intent of the Comprehensive Plan and Zoning Ordinance designation of the site. (4) Approval of the variances would not be detrimental to the public health, safety or welfare, but the proposed garage with a height variance would block more views than the existing garage. The applicant states that the proposed height of the garage will be two feet taller than the existing garage, but will be further west. Although having the garage further west may reduce some impact, the new orientation of the garage with its length along 75th Place W. results in more Hearing Examiner Decision Case No. V-97-27 Page 9 mass blocking the view from the street and from properties across the street. The increased height of the proposed roof of the house compared with the existing roof will also restrict some views in the area. (5) Approval of the requested street setback variance appears to be the minimum required to allow the owners to have a garage near the level of the street. Approval of the requested side setback appears to be the minimum to add a second story over an existing foundation on this narrow lot. The height variance has been stated as needed to allow a pitched roof on the garage, yet an earlier plan and elevation showing the garage as a separate structure shows that the garage could meet the height limit for an accessory structure (15 feet) with a pitched roof. If the garage was treated as a detached structure, then the house would need a height variance as designed. A variance to allow a lower house proposal was already denied by the Hearing Examiner as not being the minimum necessary to allow the owner rights enjoyed by other properties in the vicinity. D. TECHNICAL COMMITTEE 1. Fact: The Variance Application has been reviewed and evaluated by other Departments/Divisions of the City (i.e. Fire Department, Public Works Division, Engineering Division, and the Parks & Recreation Division). Both the Engineering Division and the Public Works Division had comments. a. Gordy Hyde, Engineering Coordinator, commented that the Engineering Division will support the reduction of the street setback to ten feet in light of the requirements imposed upon the applicant's neighbors. However, he noted that the property appears to need a lot line adjustment, and the terms and conditions of all future permits must be met. (See Exhibit A, Attachment 5) b. The Public Works Division commented "Note on sewer modification required" (see Exhibit A, Attachment 6), presumaoly because the addition is proposed to be placed over the` sewer line. E. Comprehensive Plan (ECDC) 1. a. Fact: The subject property is designated as "Single Family Residential". b. Conclusion: The proposed development is consistent with The existing Comprehensive Plan Land Use designation for the site. Hearing Examiner Decision Case No. V-97-27 Page 10 2. a. Facts: The Comprehensive Plan, Residential Development section, identifies goals and policies which relate to "Residential Development" in the City. Specific goals and policies are discussed in detail below. (1) Section B states as a goal of the City that: "High, quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted.... " (2) Policy B.2. states: "Protect neighborhoods from incompatible additions to existing buildings that do not harmonize with existing structures in the area. " (3) Policy B.3. states: "Minimize encroachment on view of existing homes by new construction or additions to existing structures. " (3) Page 31, subsection B.5.0 states, "Stable property values must not be threatened by view, traffic, or land use encroachments. " b. Conclusion: The proposed development is consistent with the above adopted goals and policies of the City except for the height variance, which encroaches on the view of existing homes. DECISION: A. Based upon the foregoing findings and conclusions, the following variance requests are APPROVED: • the request for a side setback variance from the required cumulative 35 feet to 12.5 feet, • the request of the side setback variance (south property line) from 10 feet to 5 feet, • the request of the side setback variance (north property line) from 10 feet to 7.5 feet, and • the request for the reduction of the front yard setback from 25 feet to 10 feet, WITH the following conditions: 1. This application issubject to the applicable requirements contained in the Edmonds Community Development code. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. 2. The applicant must obtain a building permit prior to construction. 3. The permit is transferable. 4. The approved variances must be acted on by the owner within one year from the date of approval or the variances shall expire and be null and Hearing Examiner Decision Case No. V-97-27 Page 11 void, unless the owner files an application for extension of time before the expiration and the City approves the application. (ECDC 20.85.020.C) 5. The side setbacks and street setback variances are approved as shown on the site plan (Exhibit A, Attachment 4). 6. A lot line adjustment is required, prior to building permit application. B. Based on the foregoing findings of fact and conclusions, the request for a variance to allow an increase in height from 25 feet to 30 feet is DENIED. Entered this 19th day of June, 1997, pursuant to the authority granted the Hearings Examiner under Chapter 20.100 of the Community Development Code of the City of.Edmonds. Ron McConnell Hearing Examiner The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. ' 1 � ': ' � it •,, � ,, Section 20.100.010.G allows for the Hearing Examiner to reconsider. his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The };consideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name Hearing Examiner Decision Case No. V-97-27 of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within ten (10) working days after the date of the decision being appealed. NOTICE TO COUNTY ASSESSOR The property owner may as a result of the decision rendered by the Hearing Examiner request a change in the valuation of the property by the Snohomish County Assessors Office. LAPSE OF APPROVAL Section 20.05.020.0 states 'Unless the owner obtains a building permit, or if no building is required, substantially commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration date.' EXHIBIT: The following exhibit was offered and entered into the record. A. Planning Division Advisory Report, with attachments. PARTIES of RECORD: Walter Pisco 1577275 th Place West Edmonds, WA 98020 David Smith 2204 1h Avenue North Edmonds, WA 98020 Vince Ojala 7703 33rd N.E. Seattle, WA 98115 Edmonds Planning Division Edmonds Public Works Division Edmonds Engineering Division Edmonds Parks & Recreation Division Edmonds Fire Department Page 12 CITY OF EDMONDS 250 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION ADVISORY REPORT FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS To: Ron McConnell, Hearing Examiner From: q.,. M.E. M6g Gruwell Project Planner Date: MAY 22, 1997 File: V_97.27 WALT PISCO Hearing Date, Time, And Place: June 5, 1997, At 9:00 AM, Community Services Conference Room 250 5th Ave. N., Edmonds Section Page M 11110 1 LOW A. Application..............................................................................................................................2 B. Recommendations....................................................................................................................2 Wmrw Ili l] i►`[I YI7 ii i/_�i11 I\►1 ZK17►C�11lily [17►G A. Site Description....................................................................................................................... 3 B. SEPA.......................................................................................................................................4 C. Edmonds Community Development Code (ECDC) Compliance ....................................... 4 D. Technical Committee..............................................................................................................7 E. Comprehensive Plan (ECDC)................................................................................................ 8 III. RECONSIDERATIONS AND APPEALS...................................................................................... 8 A. Request for Reconsideration.................................................................................................. 8 B. Appeals..................................................................................................................................... 9 IV NOTICE TO COUNTY ASSSSOR............................................................................................... 9 V. LAPSE OF APPROVAL................................................................................................................... 9 VI. APPENDICES................................................................................................................................... 9 Walter Pisco File No. V-97-27 Page 2 of 9 Applicant: Wait Pisco (see Attachment 2). 2. Site Location: 15722 - 75th Place W. (see Attachment 1). 3. Request: Multiple variances to: 1) reduce the cumulative required side setbacks (north and south property lines) from 35 feet to 12.5 feet; 2) reduce the minimum side setback requirements (south property) from 10 feet to 5 feet; 3) reduce the minimum side setback requirements (north property) from 10 feet to 7.5 feet; 4) reduce the minimum required street setback (east property line) from 25 feet to 10 feet; and, 5) increase the maximum permitted height of 25 feet to 30 feet above the average grade level for the peak of a garage roof attached to a residence. The requested variances have been sought to allow additions to an existing residence including a new attached garage (see Attachments 2 through 4). 4. Review Process: Variance: Hearing Examiner conducts public hearing and makes final decision, 5. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.85 (VARIANCES). b. Compliance with Edmonds Community Development Code (ECDC) Section 16.20.030 (SITE DEVELOPMENT STANDARDS). Based on Statements of Fact, Conclusions, and Attachments in this report, we recommend APPROVAL of the following: a the request for a side setback variance from the required cumulative 35 feet to 12.5 feet, ® the request of the side setback variance (south property line) from 10 feet to 5 feet, • the request of the side setback variance (north property line) from 10 feet to 7.5 feet, and • the request for the reduction of the front yard setback from 25 feet to 10 feet, WITH the following conditions: I. This application is subject to the applicable requirements contained in the Edmonds Community Development code. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. 2. The applicant must qi�tain a building permit prior to construction. 3. The permit should be transferable, 4. The approved variance must be acted on by the owner within one year from the date of approval or the variance shall expire and be null and void, unless the owner files an application for extension of time before the expiration and the City approves the application. (ECDC 20.85.020.C) V-97-27.DOC / May 30, 1997 / Staff Report Walter Pisco File No. V-97-27 Pa`e 3 of 9 5. The side setbacks and street setback variance is approved as shown on the site plan (Attachment 4). 6. A lot line adjustment is required, prior to building permit application. Based on Statements of Fact, Conclusions, and Attachments in this report, we recommend DENIAL of the following: ® the request for an increase in height from 25 feet to 30 feet. 1. Site Development And Zoning: a) Facts: (1) Size: The subject property is approximately 5,500 square feet in area, with a 50 - foot width along 75th Place W. (see Attachment 4). Previously, the lot was 45 -feet wide, but the applicants have submitted information showing that on October 3, 1996, title in the strip of land south of the subject lot and approximately 5 feet in width, from 75th Place W. to the southwest corner of the Pisco's house was quieted in Walter Pisco. Though the court has declared this strip of land to belong to the Piscos, no lot line adjustment has been done yet. The lot is further complicated because two surveys done show different locations of the property lines, so this application has been revised to reflect the most restrictive survey. (2) Land Use: The subject property is currently developed with a detached single- family residence. (3) Zoning: The subject property is located in a single-family residential zone (RS - 20); (see Attachment 1). (4) Terrain and Vegetation: The subject property slopes from east to west with portions of the site exceeding 25% slope. Landscaping includes grass, shrubs, and trees. 2. Neighboring Development And Zoning: a) Facts: (1) The lots on the north, south and east sides of the subject property are developed with detached single-family residences, and zoned RS -20 (see Attachment 1). (2) To the westtis the Burlington Northern Railroad right-of-way and tracks and the Puget Sound (see Attachment 1). b) Conclusion: The proposed development would be consistent with the surrounding zoning and development. V-97-27.DOC / May 30, 1997 / Staff Report Walter Pisco File No. V-97-27 Page 4 of 9 3. History of Variances in the Neighborhood and on the Site: a) Facts: (1) In 1985, Jean Riggle at 15714 - 75th Place W. (the property directly north) requested a variance to reduce the side setback (file V-30-85). The variance was approved, but was not acted upon within the required one year. In 1986, Jean Riggle requested a variance to the required street setback (V-17-86) to allow a carport at the same setback as is currently being requested in this proposal. This request was approved, but not acted upon. In 1990, Ms. Riggle requested a variance to the street and side setbacks and to the height limit to allow her current home (V-6-90). Staff recommended approval of the street and side setback variances, and recommended denial of the height variance. The Hearing Examiner approved all of the requested variances. (2) In 1989,.Gail and Harrison Jewell at 15706 - 75th Place W. (two properties to the north of the subject parcel) requested a variance to the required street and side setbacks (V-38-89). This variance was approved. In 1990, the Jewells requested a height variance for both their house and garage (V-5-90), which was also approved. In this case also the staff recommended approval of the setback variances, but recommended denial of the height variance. The Hearing Examiner approved all of the requested variances. (3) In 1993, Ursula Schluter at 15620 - 75th Place W. (several properties to the north of the subject parcel) requested a variance to the required street setback and height limit (V-93-11) to allow a driveway/bridge from the road to a garage on the top of her proposed house. These variances were approved. (4) In 1996, Walter Pisco, owner of the subject property at 15772 - 75th Place W., requested a height variance from 25 feet to 33 feet to allow him to reconstruct the roof on his existing house at a steeper pitch in order to make maintenance easier. This variance was denied. Reasons given for the denial include that it was not the minimum variance needed, as the roof could be replaced in the same configuration, and that the height variance could impact the views of surrounding property and therefore be detrimental to them. B. STATE ENVIRONMENTAL POLICY ACT (SEPA) 1. Fact: Variances granted based on special circumstances are exempt from SEPA review (WAC 197-11-800(6)(b) and ECDC 20.15A.080). 2. Conclusion: Where special circumstances are shown to exist, the requirements of ECDC 20.15A have been met. C. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE 1. a) Facts: The basic site development standards pertaining to single-family development in an RS -20 zone are set forth in ECDC Section 16.20.030. (1) Minimum setbacks are 25 feet to the street property line, 25 feet to the rear property line, 10 feet to the side property lines, and the side setbacks added together must total at least 35 feet. V-97-27.DOC / May 30, 1997 / Staff Report Walter Pisco File No. V-97-27 Page 5 of 9 (2) The maximum allowed height for primary structures is 25 feet. Maximum allowed height for accessory structures is 15 feet. Height calculations are based on an average grade, taken from original, undisturbed soil. b) Conclusion: Except for the many variances requested, the proposal complies with the requirements of the zoning ordinance. 2. a) Facts: (1) ECDC Chapter 20.85 sets forth the mechanism whereby a provision of the Code may be varied on a case-by-case basis if the application of the provision would result in an unusual and unreasonable hardship. The criteria are as follows: (a) Special Circumstances: That because of special circumstances relating to the property such as size, shape, topography, location or surroundings of the property, 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. Special circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to comply with the zoning ordinance, the ability to secure a scenic view, the ability to make more profitable use of the property, not any factor resulting from the action of the owner or any past owner of the same property. (b) Special Privilege: That 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) Comprehensive Plan and Zoning Ordinance: That the approval of the variance will be consistent with the intent of the comprehensive plan, the zoning ordinance, and the zoning district in which the property is located. (d) Not Detrimental: That 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 the same zone. (e) Minimum Variance: That the approved variance is the minimum necessary to allow the owner rights enjoyed by other properties in the vicinity with the same zoning. (2) The applicant has presented declarations to respond to all of the required criteria as follows (see Attachment 4). (a) Side Setbacks: The applicant points out that with only a 50 -foot maximum lot width, the requirement of a 35 -foot combined side setback would leave only a 15 - foot buildiii`g area over the existing house, which they feel leaves an impractical living area. The applicant also states that a poor survey, not of his doing, created the close proximity to the side of his property. There are also two surveys which have been done, and the two surveys do not agree, so the applicant is using the survey which shows him with the least area in requesting the 7.5 foot side setback. Street Setback: Due to the steep slope, the applicant states they meet the requirement for special circumstance, since meeting the 25 -foot setback would V-97-27.DOC / May 30, 1997 / Staff Report Walter Pisco File No. V-97-27 Page 6 of 9 require a steeply sloped driveway and more disturbance of the soil. The applicant notes that owners to the north were both granted exceptions to the front setback requirement for the construction of their garages for similar reasons. Height Limit: The applicant would like to construct a sloped roof, and believes that the owners to the north were granted exceptions to the allowable height for the construction of their garages. (b) The applicant states that this proposal is not a grant of special privilege because other property owners have received variances for similar reasons. (c) The applicant states that this proposal will be consistent with the Comprehensive Plan because it will be improving and adding a garage to an existing single-family residence. (d) The applicant states that this request is similar to other variances which have been approved, and if no variances are granted the zoning ordinance would curtail construction due to the narrow lot width. (e) The applicant states that the proposal will not be detrimental to the surrounding area. The variance to setbacks they state will allow for standard construction, and the house will be 2 feet under the allowable height. The construction of a new garage will remove the old garage, which was partly in road right-of-way, and will only exceed the height of the existing garage by 2 feet, but since the garage will be 12 feet further west, they feel the visual impact of the new garage would be minimal. (f) The applicant states that this proposal is the minimum necessary for a practical remodel and alteration to the owner's property to allow them to have a residence similar in size and appearance to ones those to the north where variances were granted. (3) The applicant applied for a height variance to allow a new roof to be added to his home at this same address under file number V-96-139. That variance was to allow the maximum allowed height to be increased from 25 feet to 33 feet. That variance was denied as it was not the minimum variance required, and could potentially affect the neighbor's view. b) Conclusions: (1) For most of the proposed variances, the proposal meets the special circumstances criteria due to the narrow width of the property and steep slope from the street. Because of the narrow width, a requirement of a 35 -foot combined side setback would severely limit the building area available. Also because of the steep slope from the road, it is reasonable to place the garage at the top of the hill in the street setback. The''Applicant also mentions a survey which lie did not do which was in error as a special circumstance, but this would be considered an action of past owners or their agents. The applicants have indicated that they would like to have the height variance in order to allow a pitched roof on their garage, similar to what their neighbors have. An earlier submittal shows that a detached garage could maintain the required 15 - foot height limit for accessory structures, so the slope on the site does not prevent V-97-27.DOC / May 30, 1997 / Staff Report Walter Pisco File No. V-97-27 Page 7 of 9 them from having a garage with a pitched roof, However, if the garage were detached, the house as proposed would require a height variance of approximately 7 feet. (2) The approval of this variance request will not be a grant of special privilege as the two lots to the north have also received side and street setback variances and height variances. (3) Approval of the proposed variance would allow for the continued use of the site in a manner consistent with the intent of the Comprehensive Plan and Zoning Ordinance designation of the site. (4) Approval of the variance would not be detrimental to the public health, safety or welfare, but it will block more views than the existing configuration. The applicant states that the proposed height of the garage will be two feet taller than the existing garage, but will be further west. Although having the garage further west may reduce some impact, the new orientation of the garage with its length along 75th Place W. results in more mass blocking the view from the street. The increased height of the proposed roof of the house compared with the existing roof will also restrict some views in the area. (5) Approval of the requested street setback variance appears to be the minimum required to allow the owners to have a garage near the level of the street. Approval of the requested side setback appears to be the minimum to add a second story over an existing foundation on this narrow lot. The height variance has been stated as needed to allow a pitched roof on the garage, yet an earlier plan and elevation showing the garage as a separate structure shows that the garage could meet the height limit for an accessory structure (15 feet) with a pitched roof. If the garage was treated as a detached structure, then the house would need a height variance as designed. A variance to allow a lower house proposal was already denied by the Hearing Examiner as not being the minimum necessary to allow the owner rights enjoyed by other properties in the vicinity. I1�1YDEN 1101[1\M030h51"'YW11�1r11 1. Fact: The Variance Application has been reviewed and evaluated by other Departments/Divisions of the City (i.e. Fire Department, Public Works Division, Engineering Division, and the Parks & Recreation Division). Both the Engineering Division and the Public Works Division had comments. a. Gordy Hyde, Engineering Coordinator, commented that the Engineering Division will support the reduction of the street setback to ten feet in light of the requirements imposed upon the applicant's neighbors. However, he noted that the property appears to need a lot line adjustment, and the terms and conditions of all future permits must O� met. (See Attachment 5) b. The Public Works Division commented "Note on sewer modification required" (see Attachment 6), presumably because the addition is proposed to be placed over the sewer line. V-97-27.DOC / May 30, 1997 / Staff Report Walter Pisco File No. V-97-27 Page S of 9 a. Fact: The subject property is designated as "Single Family Residential". b. Conclusion: The proposed development is consistent with the existing Comprehensive Plan Land Use designation for the site. 2. a. Facts: The Comprehensive Plan, Residential Development section, identifies goals and policies which relate to "Residential Development" in the City. Specific goals and policies are discussed in detail below. (1) Section B states as a goal of the City that: "High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted ... " (2) Policy B.2. states: "Protect neighborhoods from incompatible additions to existing buildings that do not harmonize with existing structures in the area." (3) Policy B.3. states: "Minimize encroachment on view of existing homes by new construction or additions to existing structures. " (3) Page 31, subsection B.5.0 states, "Stable property values must not be threatened by view, traffic, or land use encroachments." b. Conclusion: The proposed development is consistent with the above adopted goals and policies of the City except for the height variance, which encroaches on the view of existing homes. The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. A. REQUEST FOR RECONSIDERATION Section 20.100.010.E allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. B. APPEALS Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must,lk filed with the Community Development Director within ten (10) working days after the date of the decision being appealed. 1►��f►[ITL1�[fl DSI.IEIZK1�11►11I�i�a�.Y.'��FY.YI7 The property owner may as a result of the decision rendered by the Hearing Examiner request a change in the valuation of the property by the Snohomish County Assessors Office. V-97-27BOC / May 30, 1997 / Staff Report Section 20.05.020.0 states 'Unless the owner obtains a building permit, or if no building is required, substantially commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration date.' ATTACHMENTS 1 THROUGH 6 ARE ATTACHED. 1. Vicinity / Zoning Map 2. Application Form/Legal Description 3. Declarations of Applicant 4. Site Plan and Elevations 5. Memorandum from Gordy Hyde 6. Side Sewer Drawing VII. PARTIES OF RECORD Applicant Agent: Vince Ojala, Architect Planning Division Walter Pisco File No. V-97-27 Page 9 of 9 V-97-27.L70C / May 30, 1997 / Staff Report Attachment 1 File No. V-97-27 city of e land s application ❑ ARCHITECTURAL DESIGN BOARD ❑ COMP PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT ❑ HOME OCCUPATION ❑ FORMAL SUBDIVISION ❑ SHORT SUBDIVISION ❑ LOT LINE ADJUSTMENT ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT / STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER yE,3 MAP,i ? FILE # ZONE k±2r DATE RECD BY 1 FEE RECEIPT# HEARING DATE -HE Q STAFF Ll PB Ll ADB Ll CC ACTION TAKEN: . . . . • . ■ii Applicant W&ILT Ft 'S e- C�' Phone (p (-t 3 < Address Property Address or Location Property Owner _ A.Lr «e- c> Phone 4 q5 ( (#Z S12 N•• - Agent Addre: Tax Acc # ,t5' t I-., t - _!V2 ®® (!.0, ®'a Sec. Twp. Rng. Legal Description Ity . ®®tAux>awc>A-bg L01 1 -- Y", <,T Details of Project or Proposed Use A-1 AKAA�AWW "�­ The undersigned applicant, and his/ her/ its heirs, and assigns, in consideration of the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or in part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/ her/ its agents or employees. The undersigned applicant grants his/ her/ its permission for public officials and the staf Attachment 2 enter the subject property for the purpose of inspection and posting attendant to this apK File No. V-97-27 APPLICATION FOR VARIANCE for 15722 75th Place West Edmonds Washington EXISTING SITE CONDITIONS The subject property is located in the I`leadowdole Beach area of Edmonds Washington. The site is located adjacent and to the west of 75th Place West and Slopes downhill to the west where the site borders the Burlington Northern Railroad tracks. The existing house located on the site was encroaching onto the property bordering at the South property line. The encroachment was of a distance of approximately 2'-0" (Two feet). In order to rectify the encroachment, on agreement was met between the property owners to annex on additional five feet of the southerly property to the subject property. This annexation allowed the owner of the subject property to begin development of a remodel and alteration which would otherwise have been disallowed by the City of Edmonds due to the "straddling" of the south property line. The existing house is located in a R5-20 zone. The setback requirements of the zone are .35' cumulative side setbacks with a minimum of 10' on a side; 25' front and rear setbacks. The existing lot with the 5'-0" annexation is a total of 50' in width for opproximatly 106' along the south property line. If the required side setback is enforced;,. the allowable area for construction would be only 15'. This is on impracticable dimension for the improvement of the existing house. The existing garage is now located partially within the right-of-way of 75th Place West. A new garage is proposed as part of the renovation of the existing property, and as new construction, it must be located 25' from the property line in order to satisfy the front setback requirement. The existing slope condition is such that any construction made to adhere to the 25' requirement would have to be constructed on the steep slope which might create on undesirable affect to the soils and difficult access to the building. The overall height allowance for the project is calculated to be at elev. 515. Due to the steep slope of the site and the relative location of the garage to the existing house; the garage roof will exceed the calculated height using a minimum of 8' as a plate height for the garage. The request for variance encompasses three issues. 155UE #1. Relief from the 35'/10' side setback in order to remodel the existing residence in a practical fashion. ISSUE #2. Relief from the 25' front setback in order to construct the garage with a minimum impact to the steep slope. ISSUE #3. Relief from the calculated allowable height for the construction of the garage The proposed variance is as follows: 155UE #1. We request that the minimum side setback be reduced from 10' to a minimum of 5' at the South property line and we request that the cumulative side set back be reduced to the existing conditions on the site which are 5' at the South and 3' at the closest North portion of the existing building for a total of 14'. 155UE #2. We request a minimum of 10' front set bock from the front property line. This would allow for the construction of a garage for the project with a minimal impact to the existing slope. ISSUE #3. We request that the calculated maximum height be increased on additional 5for the garage only in order to provide a practical slope for drainage. 1. .SPECIAL GIRGUMSTANGES- Strict enforcement of the zoning regulations would deprive the owner of the subject property of use rights afforded others in the I" leadowdole beach area as follows: ISSUE #1. The stricture of the side setbacks imposed on the property would allow only for a 1S' wide addition to be constructed over the existing house. This would create an impractical living area to the existing house and it would also severely limit the livability of the house. The neighbor to the north and the neighbor two lots to the north were afforded relief from the side setback requirements for new construction for the reasons heretofore mentioned. The owner of the subject property doesn't have the flexibility of building anew, but rather is restricted by an existing condition not of his doing which is a poor survey creating the close proximity to the side of his property. ISSUE #2. The limits of topography of the lot require that the proposed garage be constructed on the most level portion of the site that avails itself to the adjacent roadway. A 10' setback will afford a more level access to the garage from the roadway as well as affording minimal slope disturbance during construction. The absence of a sloped driveway to the garage will also help alleviate unnecessary water collection and drainage difficulties. The enforcement of a 25' front setback would cause the garage to be constructed lower than the roadway which would necessitate the need for a very steeply sloped driveway, conceivably greater than 20516. A steep driveway would make access and egress difficult and perhaps hazardous due to restricted sight lines. The owners to the north were both granted exceptions to the front setback requirement for the construction of their garages for reasons similar to those given. ISSUE #.3. The limits of topography which govern the allowable maximum height create a condition that would allow only for a flat -roofed garage. We are requesting that the height allowable be increased by a distance of 5'. This;ncrease would afford the owner an opportunity to build a sloped roof on the proposed garage. The two owners to the north were granted exceptions to the allowable height requirement for the construction of their garages. 2. 5PEGIAL PRIVILEGE-' Variances for the issues #1, #2, #3 do not become special privilege because variances for the height and the side and front setback requirements for neighboring properties have been granted for reasons similar to those stated in item #1. 3. COMPREHEN51VE PLAN- The comprehensive plan for the Meadowole Beach area indicates that single family residential are desired. The improvement of an existing small residence and the addition of a garage are in -keeping with the consistency of this planning concept. 4. ZONING ORDINANCES- The approval of the variances requested is consistent with previous variances that have been granted to neighboring properties for reasons similar to those given In this request. The zoning requirements for setbacks severely limits and also curtails construction of any type due to the existing narrow lots which in turn deprives the property owners of improving or developing their land. A variance to the requirements allows the properly owners to a reasonable course of development. 5. NOT DETRIMENTAL- The proposed remodel and alteration will not significantly and adversely affect public health, safety, or welfare. Further, the proposed project will not be injurious to the property or improvements in the immediate vicinity. The new garage would remove the existing garage, a potential problem from the right-of-way. The proposed improvements to the existing residence would increase the height of the existing house, but the new ridge would be under the allowable height by a distance of 5-0". (proposed ridge @ 512; allowable height @ 515) The exception requested for height is for the garage only and the proposes ridge of the new garage would exceed the height of the existing garage by a distance of 2'-0". Because the location of the proposed garage is 12' further toward the west, the visual impact of the new ridge would be minimal. The variance to the setbacks would allow for standard construction and practical, livable building dimensions and would not adversely affect the *neighboring properties. (5. MINIMUM VARIANCE- The requested variance would be the minimum necessary for a practical remodel and alteration to the owner's property. Previous surveys created on awkward building placement on the site and the construction of the existing house for down slope limit the extent of development. Granting of the requested variances would allow the owner to have a residence in size and appearance to those residences to the north where similar variances have been granted for the reasons of steep slope and narrow lot dimension and vehicle access in order to provide the opportunity of reasonable property development. 01 m 20 M T 0 m m co O O CD Ty FROM : VINCE 0JALA ARCHIT-'T PHONE NO. : 52718289 Apr. 14 1997 05:51PM P2 �_F_TTFEJR C)F: CLARIFICATI(-OM roR VARIANCE V-97-27 Thlo letter is being written. In reoponse +nto phone cr-11 received from Jeff WII!5on, representing the City of Edmonds, regarding Gonf6!51on sand lock, of understanding of the written and graphic material submitted in request T'or o variance for 'v\/olt Pisco for h1s property it 17522 '?5th Place Went, F-dmonds Washington. Thio area is. also referred to Lis 1%lendowdole 1380.CK My coriverootlom with Jeff Wileorl entailed discussion a--; to how there �rvoo no mention of the propoised gorag,-_ for the project os being ATTACHE�E:) to the proposed addition In the origInal-submittal to the City of FE'dmand-s. The graphic material occompnnying the Addendum indicated cieerlytkoi- +kc hou-,c and +h(T propo--pcd garage wcre_- +o be phy.5icr-Illy c-onnected by a bridge and therefor ATTACHED. Further conversation lnrficn+ed thrit +ha infnrmotion shown woo notradequLite frir determining whether or nol- the garage and the house would q uolffy o5 being ottoche--d due to the flirt -that there wos not enough information for such o determination, Jeff'Wiloor recorimen6eoi -14iot a f611 Set of construction docurnerit5 gaol- showed the phy---ircl -orinectionot bath the house orad the gauge would be rp-puired byhIm in order to determine the validity of the cier^lnition of A7-TACH5tD ST RU . due to the fact thot +He deadline for publicogtion is lee than 24- hours hence, it would be to produce the required drowirtgc. and et III b* within the time deodline-r. ;6r - the nex-rovcajlnble hearing do -re. This would cause greater delay thou would be (:)Cceptable' Drowing#1 E;hQwsp the propooed footprint cif -rhe remodel project Son VIE�o�), In the &lrcled area the drawing shows frorn left to right-, the exioting deck, Houee, +e propo:�ei od6tlon, and +he goroge. As is shown and now written, the house and the garage are ATTACHED by rneans of the 4:iddition. The houjsa_ and the prope:'_'r-ed VIN :E. 0 j A L A 7703 33rd `E Seattle, Washington 98115 206.527.8289 ;.,its A PERU/4 �j cow--" _s� APPLIGATION FOR VARIANCE for WALT P15GO 15722 75th Place West Edmonds Washington Legal Description- Block 028 D-00 Meadowdole Beach S. 30 ft. of lot 6 plus. vacated street N. 15 ft. of lot 7 plus vacated street Property Tax Account Parcel Number - #5131 -028-006-0006 Owner- Walt Pisco Architect- Vince Ojala 770.3 33rd Avenue N.E. Seattle Washington -98115 (206) 527-8280 Attachment 3 File No. V-97-27 FROM : VINCE OJALH ARCHYT PHONE NO. ' 5278269 Apr. 14 1997 05:52PM P3 oddition a common wail and the garage sand the adclitlon shore o common wall. The floor and roof planes of the Oddltk�,' phyolcolly �54teria from +Hi? h6ue-e tea the goroge and are ATTACHED to etch re.5pecflvely, _q #2 is on enlarged drawing for the purpose of mokina clear that the hour -e, -1+ie od6ltion sand i'me qoroVe are to be treo+ed ne tete building. It is also hoped that the lorger drowIrg will ESUrvlVe the F�AX pror,ess a bit be -ter and be more readable. #3 lo a SGHF-t-IATIC- 0,'IT5 SE-GTICI'�,' and showr. generally the proposed spoinl envelope of the proposed project. It is bacouza the Jovelopmerit .4, -RA 8esign oria construction do-cuments prior to the request for voriarce iF, imprudent and lmpra&lnnble. The heavy (dark) ou-Hlneindlcotes the projected pornmeter�, of the proposed project. The leoyy horizontol line indicate�o o ridge tHat Is turned of 00 degrees to the other sniped roofs. This structure(one, building) will exceed the maximum ollowoble height by 3 feet. AMMENDE'D REFOUEST FOR VARIANCE V-97-27 We request -hiot the moximum height for I' -,hl -s project be raloed from 515"to 5:20 z I FROM : VINCE OJALA ARCHITF- PHONE NO. : 52782e9 May. 14 1997 04:12PM P2 To- I -leg Oruell Project Pli=rier City of Edmonds Re: File r:)eor Hee, The request for tatol 151cie �etb�ack !3hould be nriendLtbd to recd as follows. � Iultlple varionces to: 1)reduce the cumulative required !3id-- sethocko (north orad south property llne�) from thirty five feet(35') td12'- 0"; 2)reduce the minimum rpide ocilocick requirernerli-s (south property line) from ten feet (10) to five feet (5): 3) reduce the rrilnlmum Side requirernc&5 (north proper -t-y line) to reven feet-raix inches (7-rol: 4) FZeduce the minimum required street setback from twenty five feet (2-51) to ten feet (10): 5) increase the rna-i'murn permitted hei-ght of 2-5 feet to 30 fact obove the average grc:icie level for the peak of the garage roof a1toched to o residence. The requested vorionces have been sought to cilow cidditicmra to on existing residerc-L- including r-, new attached gnroge. This is the proposed omendment to Item 3(Repuest) under A. (Appllcan+ Informatlati) under L(INTRODUCTION) pcq* —') of the PLANNINO [)N/IrNON AtDVISORY CONCLUSIONS. AND REGOMM5NMATIONS dated April 2-5,19-97. FROM : VINCE OJALA ARCHF ' PHONE NO. : 5278289 i Apr. 14 1997 05:52PM P4 .,P -A ®r Attachment 4 File No. V-97-27 0',r JL uj Q PINUI)e .,P -A ®r Attachment 4 File No. V-97-27 FROM ; VINCE OJRLH RRCHI- T PHONE NO. ; 5278289 Rpr. 14 1937 05.53PM F5 LLJ L-- Si Y5 0 Af awbum—aff-4dwim —agool—som —7 1 T3 LLJ L-- FROM : VINCS UJRLR HRCHITF' HHIJNI= MU. : t>2 t828J May. 14 1 y)J ( U4: I )rPl F,5 t L. FROM : VINCE UJHLH HHC;HIT--'-f PHUNE NU. ; 5;2 (U�Uy LLI CL Hpr. 14 llzy( 05:5,JFPI F-16 (3 U7 LL 4 -- ,T- U In MEMORAND V Date: April 15, 1997k: To: Planning Division From: Gordy Hyde, Engineering Coordinator.-, Subject: Variance for Pisco at 15722 - 75th PI. W. (V-97-27) The application has been re -analyzed by the Engineering Division. In light of the requirements imposed upon the applicant's neighbors, the Engineering Division supports the reduction of the setback to ten feet. The Division does not have any comments regarding the request for height allowance, but still has the following comments regarding this proposal: 1. It appears that a lot line adjustment is required to be completed on this property 2. The terms and conditions of all future permits must be met. The Engineering Division reserves the right to impose requirements on future permit applications. The application is considered complete at this time. CITY OF EDMONDS ENGINEERING DIVISION V97027A.DOC Attachment 5 File No. V-97-2'7 r ! 1 IA A Attachment 6 File No. V-97-27