Johnson HE Decision.pdfCITY OF EDMONDS GARY AAKENso
MAYOR
121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221
Website: www.ci.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
1�o c 1 ggv Planning • Building * Engineering
FINDINGS, CONCLUSIONS AND DECISION
OF THE HEARING EXAMINER
CITY OF EDMONDS
APPLICANT: IGeorge Johnson
CASE NO.: V-06-39
LOCATION: 21526 80' Avenue West (see Exhibit A, Attachment 1)
APPLICATION: Request for a setback variance in order to add an attached single
story two car garage to the north side of the property located in the
RS-8 zone (see Exhibit A, Attachments 3 and 4).
REVIEW PROCESS: Hearing Examiner conducts a public hearing and makes the final
decision.
MAJOR ISSUES: Compliance with the following
1) Section 16.20.030 (SINGLE-FAMILY RESIDENTIAL - Site
Development Standards).
2) Chapter 20.85 (VARIANCES).
SUMMARY OF RECOMMENDATION AND DECISION:
Staff Recommendation:
Hearing Examiner Decision:
PUBLIC HEARING:
Approve with conditions
Approve 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 Johnson application was opened at 3:00 p.m., May 18, 2006, in the Council
Chambers, Public Safety Complex, Edmonds, Washington, and closed at 3:10 p.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.
Case.V-06-39 pg 1
• Incorporated August 11, 1890 •
Sister City - Hekinan, Japan
From the City:
Gina Coccia, Project Planner: Summarized the history of the site, noting dates of
development relative to City annexation, provided a review of the variance criteria
relative to the site's circumstances and stars recommendation.
From the Applicant:
George Johnson: Had no questions or comments, other than to thank staff for their
assistance.
From the Community:
None received.
FINDINGS OF FACT AND CONCLUSION
1. The Facts presented in the Introduction and Site Description sections on pages 3 and 4 in
Exhibit A, Planning Division Advisory Report, May 11, 2006, accurately reflects the site
history, circumstances, zoning requirements and land use, and are hereby adopted by
reference.
2. The Fact and Conclusion regarding compliance with SEPA review on page 4 in Exhibit
A, Planning Division Advisory Report, May 11, 2006, is accurate and hereby adopted by
reference.
3. The Facts and Conclusion regarding compliance with Sections 23.40, Critical Areas, and
16.20, Single Family Development Standards on pages 4 and 5 in Exhibit A, Planning
Division Advisory Report, May 11, 2006, are accurate and are hereby adopted by
reference.
4. The Facts and Conclusions regarding compliance with Chapter 20.85, Variances on pages
5 through 7 in Exhibit A, Planning Division Advisory Report, May 11, 2006, are accurate
and are hereby adopted by reference.
5. The Facts and Conclusion regarding compliance with the Comprehensive Plan on pages 7
8 in Exhibit A, Planning Division Advisory Report, May 11, 2006, are accurate and are
hereby adopted by reference.
DECISION
Based upon the foregoing findings and conclusions, the request for a 8 foot 8 inch street setback
for an attached garage is approved, subject to the recommended staff conditions found on page 2
of Exhibit A.
Entered this 23rd day of May, 2006, pursuant to the authority granted the Hearings Examiner
under Chapter 20.100 of the Community Development Code of the City of Edmonds.
Case: V-06-39 pg 2
Conald B. ALargge�in-G��
Hearing Examiner Pro Tern
RECONSIDERATION AND APPEALS
The following is a summary of the deadlines and procedures for filing reconsideration's and appeals. Any
person wishing to file or respond to a recommendation or appeal should contact the Planning Department
for further procedural information.
Request for Reconsideration
Section 20.100A10.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 who attends the public hearing and signs the attendance register and/or
presents testimony or 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.
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 be filed with the Community
Development Director within ten (10) working days after the date of the decision being appealed.
Time Limits for Reconsideration and Appeals
The time limits for Reconsideration and Appeals run concurrently. If a request for a
reconsideration is filed before the time limit for fling an appeal has expired, the time clock for
Ming an appeal is stopped until a decision on the reconsideration request is completed. Once the
Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing
an appeal continues from the point it was stopped. For example, if a reconsideration request is
filed on day 5 of the appeal period, an individual would have 9 more days in which to file an
appeal after the Hearing Examiner issues his decision on the reconsideration request.
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 variance shall
expire and be null and void, unless the owner files an application for an extension of the time before the
expiration date.'
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 Assessor's Office.
Case:V-05-39 pg 3
EXHIBITS
A. Planning Division Advisory Report dated May 11, 2006
B. Elevation of the proposed garage and two sheets of photos showing the site, submitted by
George Johnson.
PARTIES OF RECORD
George P. Johnson Fire Department
21526 80'b Avenue West Public Works Department
Edmonds WA 98026 Parks & Recreation Department
Planning Division
Engineering Division
Case:V-06-39 pg 4