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LL-07-82 Staff Report.pdfCITY OF EDMONDS PLANNING DIVISION FILE # LL -2007-0082 PROPERTY LOCATION 21117, 21207, and 21221 Shell Valley Road CONTACT PERSON/AGENT Tim Bowen APPLICANT Tim Bowen PROPERTY OWNER(S) Laura Mason and David Thorpe (21117 Shell Valley Road), Timothy Bowen 21207 Shell Valle), and Linda Wright (21221 Shell Valley Road) PROJECT DESCRIPTION Lot line adjustment to convey the southeastern 2,494 square feet of the property addressed 21117 Shell Valley Road (Parcel C) to the adjacent properties to the south addressed 21207 Parcel B and 21221 Parcel A Shell Valley Road so that the new lot line follows the existing fence line separatingthese hese_properiies. A. INTRODUCTION: The applicant is proposing to adjust the boundary lines among three lots addressed as 21117 (Parcel C), 21207 (Parcel B), and 21221 (Parcel A) Shell Valley Road. The application is provided as Attachment 1. The subject properties are located in a Single - Family Residential (RS -8) zone that allows lots with a minimum area of 8,000 square feet. See the Zoning and Vicinity Map for reference (Attachment 2). A fence was constructed separating Parcels A and B from Parcel C approximately 20 years ago, according to the applicant. This fence; however, was constructed at a range of approximately 17 to 19 feet north of the northern property lines of Parcels A and B. Therefore, the proposed lot line adjustment is intended to convey the approximately 17 to l9 foot wide strip of property from the southern portion of Parcel C to the northern portions of Parcels A and B so that the new property line reflects the existing fence line and the portion of Parcel B that has been a part of the backyards of Parcels A and B for the past several years will be conveyed to the owners of Parcels A and B. The existing residences are proposed to remain. B. ANALYSIS OF DESIGN: 1. Number of Lots Involved: Three lots. 2. Lot Area/Width: a. Minimum lot area required for RS -8 zone: 8,000 square feet Bowen, Mason, Thorpe, Wright File No. LL -2007-0082 Page 2 of 6 b. Proposed lot sizes: Gross lot area for ori inal arcels (sq. ft.)* Gross lot area for proposed parcels (sq. ft,)* Parcel A 8,046 9,350 Parcel B 8,047 9,237 Parcel C 49,475 46,981 * Note: Net lot area does not include any lot area devoted to vehicular ingress/egress easements. Parcels A and B share a vehicular access point via an ingress/egress easement, and Parcel C shares a vehicular access point via an ingress/egress easement with the property addressed 21127 Shell Valley Road (not part of the subject application), Therefore, the net areas for each subject Iot is less than the gross areas stated above. However, since the lot areas of the two smaller lots, Parcels A and B, are getting larger with the proposed lot line adjustment, there is no concern that the net lot areas of any of the subject properties would become more nonconforming, if currently nonconforming, following the lot line adjustment. It appears that the proposed lot line adjustment will in fact bring the net areas of Parcels A and B into compliance with the minimum 8,000 net square foot lot size required by the RS -8 zone. c. Minimum lot width required for RS -8 zone: 70 feet d. All lots meet minimum lot width?: Parcel C meets the minimum required lot width for the RS -8 zone. Although Parcels A and B are very close to the minimum required 70 foot lot width, it appears that these lots may be slightly under the minimum required lot width by approximately one foot. However, due to the fact that Parcels A and B are getting larger with the proposed lot line adjustment, even if Parcels A and B are currently slightly nonconforming due to a lot width below 70 feet, the proposal would not further reduce the existing lot width of either lot, and would therefore not be making either lot any more nonconforming. e. Number of corner lots: None of the lots are considered corner Iots. f. Number of flag lots: ots: Parcel C is considered a flag lot. 3. Topographical Consideration: There is a steep slope downwards from the .northern portion of Parcel C to the approximate center of Parcel C where the existing residence is located. The portion of Parcel C that is being conveyed to Parcels A and B contains a downwards slope to the existing residences on Parcels A and B, where the lots become relatively level. Although there are slopes on the subject properties, there appears to be no particular topographical consideration driving the lot line adjustment. The portion of Parcel C that is to be conveyed to Parcels A and B has been maintained by the owners of Parcels A and B for years and it is due to this fact alone that the subject lot line adjustment has been proposed. Bowen, Mason, Thorpe, Wright File No. LL -2007-0082 Page 3 of 6 4. Zoning Ordinance: The proposal meets the intent of the Zoning Ordinance. a. Lot line adjustments are not allowed that create a new lot, tract, parcel, site or division, and this proposal does not. See also "d" below. b. Lot line adjustments are not allowed if they reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before. Parcels A and B will get larger with the proposed lot line adjustment; therefore, no structures on Parcels A or B, if currently nonconforming, would be made any more nonconforming than before. Based on the survey submitted with the subject application, the existing residence on Parcel C appears to be approximately 15 feet from the proposed property line. Since Parcel C is a flag lot, the minimum required setback for the existing residence from the proposed property line is 7.5 feet. A condition of approval has been added to this decision requiring the submittal of an updated survey indicating the distance from the existing residence to the proposed property line. If the residence is not 7.5 feet from the new property line, the new property line must be moved south or a portion of the residence must be removed so that it meets that minimum required 7.5 foot side setback. c. Lot line adjustments are not allowed if they reduce the lot width or lot size below the minimum required for the applicable zone. Parcel C meets the minimum required lot width and lot size for the RS -8 zone. Parcels A and B appear to be close to the minimum required 70 foot lot width; however, it appears that these lots may be slightly under 70 feet in width by approximately one foot. However, due to the fact that Parcels A and B are getting larger with the proposed lot line adjustment, even if Parcels A and B are slightly nonconforming due to a lot width below 70 feet, the proposal would not be making either lot any more nonconforming in respect to lot width. Additionally, due to the presence of a shared ingress/egress easement on Parcels A and B, it is likely that the existing net areas of these lots are below the minimum required 8,000 net square feet for the RS -8 zone. However, since the proposed lot line adjustment would make Parcels A and B larger, the net areas of these lots will become less nonconforming than they currently are and will likely become conforming at over 8,000 net square feet. d. Lot line adjustments are not allowed if they transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division. All three of the subject lots were buildable prior to the lot line adjustment. e. Lot line adjustments are not allowed if they would result in a lot that is in violation of the Edmonds Community Development Code (ECDC). None of the proposed lots would be in violation of the ECDC. 5. Comprehensive Plan: Nothing in this proposal seems to be in violation of any goal in the Comprehensive Plan; therefore, the proposal appears to meet the intent of the Comprehensive Plan. Bowen, Mason, Thorpe, Wright File No. LL -2007-0082 Page 4 of 6 6. Access: The existing means of access to Parcels A, B, and C will not change with the proposed lot line adjustment. C. ENVIRONMENTAL ASSESSMENT: 1. SEPA Determination: Not Required 2. Shoreline Master Program: Exempt from Shoreline Master Program permits. 3. Critical Area Determination: Critical areas inspection was conducted for the property addressed 21117 Shell Valley Road (Parcel C) under File No. CRA -1999-0132. The site was found to contain slopes steep enough to be considered a Landslide Hazard Area; therefore, a "Study Required" determination was made. The proposed lot line adjustment does not require the submittal of a geotechnical report because the proposal does not include breaking ground. Critical areas inspection has not been conducted on the properties addressed 21207 (Parcel 13) and 21221 (Parcel .C) Shell Valley Road. Therefore, a critical areas checklist and the applicable fee must be submitted to the Planning Division prior to any work that involves breaking ground on either property. D. REQUIRED IMPROVEMENTS AND DEDICATIONS: The Engineering Division has reviewed the subject application and is not requiring any improvements or dedications. Additionally, the Fire Department and Public Works Department have no requirements for the lot line adjustment. E. DECISION: Approved with the following conditions: Include the lot line adjustment file number LL -2007-0082 on the documents to be recorded. 2. Show the shortest distance from the existing residence on Parcel C to the proposed property line to ensure that the residence meets the minimum required 7.5 -foot setback from the new property line. If the residence is not 7.5 feet from the new property line, the new property line must be moved south or a portion of the residence must be removed so that it meets the minimum required 7.5 foot setback. 3. Show all existing vehicular ingress/egress and utility easements. 4. Provide the old and new, gross and net lot areas for Parcels A,13, and C. 5. Provide the old legal descriptions for Parcels A, B, and C separately. 6. Include signature lines for all current property owners of all three subject properties. 7. Modify the documents to be recorded to show the existing and new lot lines as well as the outlines of the subject properties more clearly. Also, show the dimensions of the exterior lot lines more clearly. 8. Indicate on the plans that Lot 3 is not included in the lot line adjustment. Bowen, Mason, Thorpe, Wright File No. LL -2007-0082 Page 5 of G 9. Submit documents to be recorded to the City of Edmonds' Planning Division for review prior to recording. Documents must have the City's approval before they can be recorded. 10. The applicant must record the approved documents with Snohomish County Auditor's office. 11. After recording, provide the City of Edmonds Planning Division with three copies of the recorded documents with the recording number on them. The City will not consider the lot line adjustment to have been completed until this is done. F. ATTACHMENTS: 1. Application 2. Vicinity / Zoning Map 3. Proposed Lot Line Adjustment Map I have determined that the application is complete and have reviewed the application for lot line adjustment pursuant to Chapters 20.75 and 20.95 of the Edmonds Community Development Code. ennifer MachuizaoAaGning Division Date RECONSIDERATION OF DECISION A request for reconsideration or clarification of this decision may be made by filing a letter and fee with the Planning Department within ten (10) working days of the date of decision. THE RIGHT TO APPEAL This decision may be appealed to the Hearing Examiner. In this case, a written letter and other items needed to appeal must be submitted to the Planning Division within fourteen (14) calendar days of the date of decision. Please contact the Planning Division for information. Note that per ECDC 20.105.010.A.2. appeals of lot line adjustments are limited to appeals by the applicant only of a denial of a requested lot line adjustment application. TIME LIMITS FOR RECONSIDERATION AND APPEALS The time limits for reconsiderations and appeals run concurrently. If a request for a reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for filing an appeal is stopped until a decision on the reconsideration request is completed. Bowen, Mason, Thorpe, Wright File No. LL -2007-0082 Page 6 of 6 Once the staff has issued his/her decision on the reconsideration request, the time clock for filing an appeal continues from the point it was stopped. For example, if a 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 staff issues their decision on the reconsideration request. City of Edmonds, Attn.: Planning Division 121 - 5th Avenue North Edmonds, Washington 98020 PARTIES OF RECORD: Planning Division Tim Bowen 21207 Shell Valley Road Edmonds, WA 98026 Laura Mason and David Thorpe 21117 Shell Valley Road Edmonds, WA 98026 Linda Wright 21221 Shell Valley Road Edmonds, WA 98026 city of edmonds land use application L:ILIBRARYIPLANNINGTom & Handouts%Public Handouu\Land Use Applicatioa.doc Attachment 1 Attachment 3 p= 3 S< s s x j� �p �N 4x 69 uN m� �.T mos W o=1YS'~f' Ys �K n <m cp m t sm 4 E m`>o q SYS of i d� A S n. V) > m xyid o E' Wh'3 z9 9z S. 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