LL-10-50 Staff Report with Attachments.pdfCITY OF EDMC)NDS
121 5th AVENUE NORTH o EDMONDS, WA 98020 m (425) 771-0220 s FAX (425) 771-0221
Website: www.ci.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION PRELIMINARY REVIEW
FINDINGS, CONCLUSIONS, & DECISION
Project: Thoresen/Lane Lot Line Adjustment
File Number: PLN20100050
Date of Report: November 10, 2010
MIKE COOPER
MAYOR
I have determined that the application is complete and have revie;ved the lot
line adjustment application pursuant to Chapters 20.01, 20.02, and 20.75 of
the Edmonds Community Development Code. t
Reviewed By:
a.
Jennifer Machuga
Planner
A. SUMMARY OF APPLICATION: The applicants, Chris and Pauline Lane and John and
Cheryl Thoresen, are proposing to adjust the boundary lines among two lots addressed as
1612072 nd Avenue West (Parcel A) and 16118 72nd Avenue West (Parcel B). The property
addressed 16118 72nd Avenue West (Parcel B) is located in a Single -Family Residential,
RS -20, zone that allows lots with a minimum area of 20,000 square feet. The northern
portion of the property addressed 16120 72nd Avenue West (Parcel A) is also located
within the RS -20 zone, while the southern portion of this parcel is located within the
Single -Family Residential, RS -12, zone that allows lots with a minimum area of 12,000
square feet. See the Zoning and Vicinity Map for reference (Attachment 1).
The land use application is provided as Attachment 2. The proposed lot line adjustment
is shown on the lot line adjustment map (Attachment 3). The existing lot line between
the two properties is proposed to be moved as shown on the map. The proposed lot line
adjustment would convey 4,114 square feet from Parcel B to Parcel A. The existing
residences and associated structures are proposed to remain at this time.
Each lot currently contains a single-family residence and associated structures. When the
lots were created through the Sequoia Ridge subdivision (File No. PLN 199800108), the
owners at that time planned to construct a "community" pool on the relatively flat
portion of the site to the west of the residence on Parcel A, and as part of the agreement
for the shared pool, this portion of the site was included under the ownership of Parcel B.
I All Edmonds Community Development Code (ECDC) citations can be accessed online at mvmci.edmonds.wams.
trkcorp o rate(J August 11, 1890
Sister City - Hekinan, Japan
Thoresen/Lane Lot Line Adjustment
16118 & 16120 72"d Ave. W
File No. PLN20100050
However, the pool was never constructed, and due to an approximate 20 -foot change in
elevation between the homes, the area where the shared pool would have been located
looks and feels like a backyard lawn for the residence on Parcel A and is currently being
maintained as such by the owners of Parcel A, even though it is actually a part of Parcel
B. The purpose of the proposed lot line adjustment is to convey the ownership of this
lawn area where the pool would have been located to Parcel A by pivoting the western
boundary of Parcel A to the north so that it will be more consistent with the substantial
change in elevation between the homes and will more closely match the portions of the
site currently used and maintained by each property owner.
B. DECISION OF LOT LINE ADJUSTMENT: Based on the Findings of Fact, Conclusions,
and Attachments to this report, the following decision is issued by the City of Edmonds
Planning Division. The lot line adjustment, as proposed, is APPROVED with the
following conditions:
1. Prior to submitting documents to the Planning Division for "Final Review," please make
the following changes:
a. On all sheets, state the file number as PLN20100050.
b. Add the following statement to Sheets 2 and 3: "Setbacks shown are for reference
only and vest no right."
c. Line L4 must be moved south to be a minimum of 10 feet from the house on Parcel B
in order to comply with setback requirements. This could be accomplished by
removing lines L3 and L4 and extending line L2 to the east by approximately 3 feet
until it connects with the existing lot line. This must be corrected on Sheets 2 and 3
of the lot line adjustment plans.
d. On Sheet 1, update the description of the parcel conveyance as well as the proposed
legal descriptions for Parcels A and B to reflect the location of the proposed property
line following the change required above.
e. On Sheet 2, correct the gross and net areas of the original and proposed parcels to
reflect the actual area that is being conveyed between the properties.
f. On Sheets 2 and 3, add the following wording to the label for the boundary of the
Native Growth Protection Easement (new wording is indicated in itallics):
"Native Growth Protection Easement boundary per Sequoia Ridge subdivision,
AF #200009145003."
2. After the above changes have been made, submit revised documents to the Planning
Division for "Final Review." Once "Final Approval" has been issued from the City, the
applicant shall take the documents up to the Snohomish County Auditor's Office for
recording. Please make sure that all documents to be recorded meet the Snohomish
County Auditor's requirements for recording, including all signatures in black ink.
3. After recording the lot line adjustment, the applicant must conduct the following:
a. Provide the City of Edmonds Planning Division with two (2) copies of the recorded
map (with the recording number shown). The City will not consider the lot line
adjustment to have been completed until this is done.
b. The applicant must file new deeds for each of the parcels with Snohomish County, as
appropriate, and provide the Planning Division with copies of the deeds.
Page 2 of 7
Thoresen/Lane Lot Line Adjustment
16118 & 16120 72"d Ave. W
File No. PLN20100050
II. FINDINGS AND CONCLUSIONS
A. GENERAL INFORMATION
1. Reguest: The applicant is proposing to adjust the boundary lines among two lots
addressed as 16120 72nd Avenue West (Parcel A) and 16118 72nd Avenue West (Parcel
B). See the Zoning and Vicinity Map, land use application, and proposed lot line
adjustment map for reference (Attachments 1, 2, and 3).
2. Review Process: A lot line adjustment is a Type I decision pursuant to Edmonds
Community Development Code (ECDC) 20.01.003. The director reviews the project and
issues an administrative decision pursuant to ECDC 20.75.050(C).
3. Owner/Applicants: Chris and Pauline Lane (Parcel A), and John and Cheryl
Thoresen (Parcel B).
4. Tax Parcel Numbers: 00513100005204 (Parcel A) and 00513100005205 (Parcel B).
5. Location: 16120 72nd Avenue West (Parcel A), and 16118 72nd Avenue West (Parcel B),
Edmonds, WA 98026.
6. Zoning: Single Family Residential, RS -20 and RS -12.
7. Acreage / Square Footage: The proposed lot line adjustment will result in a conveyance
of 4,114 square feet from Parcel B to Parcel A.
8. Existing Use: Each parcel contains a single-family residence and associated structures.
9. Proposed Use: No change.
10. Shoreline Management: The proposal is not subject to Shorelines of the State
regulations.
11. Access: Both parcels will continue to take access via a shared vehicular access
easement, which runs roughly north -south through the approximate center of each lot.
12. Dedications: No dedication of land is required by the City Engineer with the proposed
lot line adjustment.
13. Improvements: No improvements are required by the City Engineer with the proposed
lot line adjustment.
B. SEPA THRESHOLD DETERMINATION
Review by the State Environmental Policy Act (SEPA) is not required with this application
because the proposal is to adjust the property line between two adjacent lots and is exempt
under WAC 197-11-800 (1)(b)(i) (Categorical Exemptions).
C. TECHNICAL COMMITTEE
This application was reviewed by the City's Engineering Division, Public Works
Department, and Snohomish County Fire District No. 1. None of the reviewers had any
comments or conditions on the proposed lot line adjustment (Attachment 5).
D. NEIGHBORHOOD CHARACTERISTICS
This site is located in a single-family residential neighborhood in northern Edmonds. All
nearby parcels are zoned Single Family Residential, RS -12 or RS -20, and are developed with
single-family residences. The surrounding neighborhood also contains various critical areas,
Page 3 of 7
Thoresen/Lane Lot Line Adjustment
16118 & 16120 72"d Ave. W
File No. PLN20100050
including geologically hazardous areas, streams, and wetlands. Many properties in the area
have views of Puget Sound.
E. COMPREHENSIVE PLAN COMPLIANCE
The Comprehensive Plan designation for the subject parcels is "Single Fancily — Resource."
There is no proposed change to the existing designation. The current proposal meets the
intent of the Comprehensive Plan and does not appear to be in conflict with any of the goals
or policies of the Comprehensive Plan.
F. ZONING CODE COMPLIANCE (ECDC 16.20)
The property addressed 16118 72nd Avenue West (Parcel B) is located in a Single -Family
Residential, RS -20, zone that allows lots with a minimum area of 20,000 square feet.
The northern portion of the property addressed 16120 72"d Avenue West (Parcel A) is
also located within the RS -20 zone, while the southern portion of this parcel is located
within the Single -Family Residential, RS -12, zone that allows lots with a minimum area
of 12,000 square feet. See the Zoning and Vicinity Map for reference (Attachment 1).
Since the area of the lots where the lot line adjustment is taking place is within the RS -20
zone and since the RS -20 zone has more restrictive site development standards, the
proposed lot line adjustment is being reviewed for compliance with the requirements of
the RS -20 zone. By showing compliance with the site development standards of the RS -
20 zone, the proposal is known to also comply with those of the RS -12 zone since the
requirements of the RS -12 zone are less restrictive.
1. Lot Area: The minimum required lot area for the RS -20 zone is 20,000 square feet.
Existing and proposed lot sizes are as follows:
* Net lot area excludes any lot area devoted to vehicular ingress/egress easements.
There appears to be a slight error in the gross areas of original and proposed Parcel A, as
the difference between these two figures is 4,064 square feet, whereas the difference
between the original and proposed net areas of Parcel A as well as the difference
between the original and proposed gross and net areas of Parcel B is 4,114 square feet.
A condition has been added to the approval to correct the gross and net areas for each
parcel to reflect the actual area of conveyance. Additionally, a separate condition has
been added requiring a slight correction to the location of the proposed property line
(discussed below), so the area of conveyance and the gross and net areas of the proposed
lots will change slightly from what is shown above, but this slight change will not impact
the feasibility of the lot line adjustment since the net area of both parcels will still be
well above the 20,000 square foot minimum.
Page 4 of 7
Gross and Net Lot Area
for Original Parcels*
Gross and Net Lot Area
for Proposed Parcels*
Parcel A
34,052 sq. ft. gross
38,116 sq. ft. gross
1612072 nd Ave. W
30,555 sq. ft. net
34,669 sq. ft. net
Parcel B
48,892 sq. ft. gross
44,778 sq. ft. gross
1611872 nd Ave. W
46,625 sq. ft. net
42,511 sq. ft. net
* Net lot area excludes any lot area devoted to vehicular ingress/egress easements.
There appears to be a slight error in the gross areas of original and proposed Parcel A, as
the difference between these two figures is 4,064 square feet, whereas the difference
between the original and proposed net areas of Parcel A as well as the difference
between the original and proposed gross and net areas of Parcel B is 4,114 square feet.
A condition has been added to the approval to correct the gross and net areas for each
parcel to reflect the actual area of conveyance. Additionally, a separate condition has
been added requiring a slight correction to the location of the proposed property line
(discussed below), so the area of conveyance and the gross and net areas of the proposed
lots will change slightly from what is shown above, but this slight change will not impact
the feasibility of the lot line adjustment since the net area of both parcels will still be
well above the 20,000 square foot minimum.
Page 4 of 7
Thoresen/Lane Lot Line Adjustment
16118 & 16120 72"d Ave. W
File No. PLN20100050
2. Lot Width: The minimum required lot width for the RS -20 zone is 100 feet. Both lots
will continue to comply with the minimum required lot width.
3. Setbacks: The RS -20 zone requires side setbacks from the northern and southern
property lines of each parcel to add up to a minimum of 35 feet with a minimum of 10
feet per side. The site plans for the building permits for the existing residences (File
Nos. BLD20010110 and BLD20010734) indicated that the homes would comply with
the minimum required side setbacks from the northern and southern property lines.
However, the survey submitted for the subject lot line adjustment (Attachment 3)
indicates that these homes were constructed within the minimum required side setbacks.
Everything with the building permits was approved and finalized based on the
information that was provided by the applicants for the new homes at that time.
Although the current survey indicates noncompliance with the minimum required side
setbacks, the building permits for these homes have been finalized and closed. Thus, the
proposed lot line adjustment is being reviewed to make sure that the new location of the
lot line does not bring the existing setbacks any further out of compliance and that the
minimum required setbacks will be complied with in the areas where the lot line will be
getting closer to the existing structures. As such, the area that must be reviewed for
setback compliance is the southwestern portion of the residence on Parcel B since this is
the only structure that the proposed lot line would be moving closer towards. Sheet 2 of
the lot line adjustment plans (Attachment 3) indicates that the residence on Parcel B is
over 25 feet from the northern property line; therefore, the required setback from the
southern property line for Parcel B is 10 feet. Sheets 2 and 3 of the lot line adjustment
plans indicates that the southwestern corner of the residence on Parcel B will comply
with the minimum required side setback of 10 feet from the new location of the property
line; however, the 3.18 foot line segment (L4) is shown as being only 8 feet from the
residence. Since the proposed lot line adjustment cannot move the lot line any closer to
the existing structures than the minimum setbacks allow, this line segment (L4) must be
moved to the south to be a minimum of 10 feet from the residence. The easiest way to
make this correction and comply with setback requirements would be to remove lines L3
and L4 and extend line L2 to the east by approximately 3 feet until it connects with the
existing lot line.
Pursuant to ECDC 16.20.040(C), uncovered and unenclosed porches, steps, patios, and
decks may project into a required setback not more than one-third or four feet, whichever
is less; provided, that they are no more than 30 inches above ground level at any point.
The lot line adjustment plans indicate that the existing stairs on the southern side of the
residence on Parcel B will be 7 feet from the new location of the shared lot line, which is
more than two-thirds of the minimum required side setback of 10 feet. The applicant
provided a letter regarding the stairs (Attachment 4), which states that the portion of the
stairs that are projecting into the minimum required 10 -foot side setback will comply
with the exception of ECDC 16.20.040(C) since the portion of the stairs projecting into
the setback are uncovered, unenclosed, and less than 30 inches above ground level.
Thus, the stairs will comply with the exception of ECDC 16.20.040(C) and the
southwestern corner of the residence on Parcel B will comply with the minimum
required 10 -foot side setback from the new location of the proposed lot line. The
proposed lot line will not be moving closer to any other structures on either lot, so with
the required correction to line L4 discussed above, it is determined that the lot line
adjustment will not further reduce any existing nonconforming setbacks and will comply
with the minimum setback requirements in the locations where the line is moving closer
to existing structures.
Page 5 of 7
Thoresen/Lane Lot Line Adjustment
16118 & 16120 72nd Ave. W
File No. PLN20100050
4. Lot Coverage / Floor Area: There is a maximum allowed 35% structural lot coverage
for the RS -20 zone. The site plan from the building permit application (BLD20010734)
for the existing residence on Parcel A (16120 72nd Ave. W) indicates a lot coverage of
3,416 square feet, which is approximately 10% of the proposed 34,669 square feet net
area of this lot. The site plan from the building permit application (BLD20010110) for
the existing residence on Parcel B (16118 72nd Ave. W) indicates a lot coverage of 2,687
square feet, which is approximately 6% of the proposed 42,511 square feet net area of
this lot. Thus, both lots will continue to be well below the maximum allowed lot
coverage.
5. Corner Lot Determination: Neither lot is considered a corner lot.
6. Flay Lot Determination: Neither lot is considered a flag lot. The eastern boundary of
each lot is adjacent to 72nd Ave. W right-of-way, although the right-of-way is unopened
in this location and the lots are instead accessed via a shared vehicular access easement.
The proposal appears to meet the intent of the Zoning Ordinance.
G. ENVIRONMENTAL ASSESSMENT
Both properties contain and/or are adjacent to various critical areas, including landslide
hazard areas, erosion hazard areas, a stream, and wetland. In order to provide protection
of the majority of these critical areas, a Native Growth Protection Area (NGPA) was
established on the eastern portion of the properties as part of the Sequoia Ridge
Subdivision (File No. PLN199800108). A very large retaining wall exists between the
two homes, as the grade level for the home on Parcel A is approximately 20 feet higher
than the grade level for the home on Parcel B. Additionally, there is a very steep slope
down to the west on the western portion of the site. The proposed lot line adjustment
should not impact these existing slopes, and should in fact move the lot line between the
properties to a more logical location that gives more consideration to the grade change
between the parcels than the location of the existing property line. The boundaries and
ownership of the NGPA that was established as part of the Sequoia Ridge subdivision
will not change in any way with the proposed lot line adjustment, and the lot line
adjustment will not alter the terms of this NGPA. Therefore, the proposed lot line
adjustment will not have any impacts to the critical areas on and/or adjacent to the
subject parcels. Any future work on either parcel will be subject to the applicable critical
areas code requirements of ECDC 23.40 through 23.90.
H. LOT LINE ADJUSTMENT COMPLIANCE ECDC (ECDC 20.75.050)
The lot line adjustment shall be approved unless the proposed adjustment will:
1. Create a new lot, tract, parcel, site, or division;
2. Reduce the setbacks of existing structures below the minimum required by code or make
existing nonconforming setbacks of existing structures more nonconforming than before;
3. Reduce the lot width or lot size below the minimum required for the applicable zone;
4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract,
parcel, site or division;
5. Would otherwise result in a lot which is in violation of any requirement of the ECDC.
The proposal will not create a new lot, tract, parcel, site or division — there are two existing
lots, and the proposal will result in two lots. With the condition of approval to correct line
Page 6 of 7
Thoresen/Lane Lot Line Adjustment
16118 & 16120 72"d Ave. W
File No. PLN20100050
segment L4 to be a minimum of 10 feet from the residence on Parcel B, no existing setbacks
will be further reduced below the minimum required by code, and all structures that the lot
line is moving closer to will comply with the minimum required setbacks. The proposal will
not reduce the lot area or width of either lot below the minimum required by the zone. The
proposal is not transforming a nonbuildable lot into a buildable lot — both currently have
access and are developed with single-family dwellings. There is no indication that this
proposal is in violation of the Edmonds Community Development Code.
III. APPEALS
Pursuant to ECDC 20.75.050(G), decisions on lot line adjustment applications may be appealed
by a party of record to the Hearing Examiner as a Type lI decision as set forth in ECDC 20.06,
IV. LAPSE OF APPROVAL
Section 20.75.050.F states, "An application for a lot line adjustment shall expire one year after a
complete application has been filed with the city. An extension up to an additional year may be
granted by the Edmonds planning manager or his/her designee upon a showing by the application
of reasonable cause."
V. NOTICE TO THE COUNTY ASSESSOR
The property owner may, as a result of the decision rendered by the staff, request a change in the
valuation of the property by the Snohomish County Assessor's Office.
VI. PARTIES OF RECORD
Planning Division
Chris and Pauline Lane
16120-72 nd Ave. W
Edmonds, WA 98026
John and Cheryl Thoresen
16118-72 nd Ave. W
Edmonds, WA 98026
VII. ATTACHMENTS
1. Vicinity / Zoning Map
2. Land Use Application Form
3. Proposed Lot Line Adjustment Map
4. Applicant's Statement Regarding Stairs
5. Comment Sheets from Reviewing Departments/Divisions
Page 7 of 7
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Attachment 1
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November 5, 2010
TO: Jen Machuga, City of Edmonds
FROM: John E. Thoresen
RE: PLN20100050
Jen: Please be advised that approximately 3 feet of the bottom landing projects into the 10 foot
setback on the south side of my house. The landing sits on the ground itself and neither the
landing nor the first few stairs are over 30" above grade. All stairs and the landings are also
uncovered and unenclosed. This is intended to meet ECDC 16.20.040(C).
Thank you in advance for your consideration in this matter
Attachment 4
L
PW -Engineering
Project Number: PLN2010-0050
Applicant's Name: JOHN THORESEN / PAULINE & CHRIS LANE
Property Location: 16120 & 16118 72nd AVE. W.
Date of Application: 7/13/10 Date Form Routed: 7/14/10
Zoning: SINGLE FAMILY RESIDENTIAL (RS -20)
Project Description: LOT LINE ADJUSTMENT
JUL X520
"PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE -DATE
THIS FORM WAS ROUTED: DUE BY 7.29.10
If you have any questions or need clarification on this project, please contact:
Responsible Staff: JEN MACHUGA Ext. 1224
Name of Individual Submitting Comments:—.j,w(mmaA
Title: y ii
I have reviewed this land use proposal
for my department and have
concluded that IT WOULD NOT AFFECT
MY DEPARTMENT, so I have no
comments. My department may also
review this project during the building
permit process (if applicable) and
reserves the right to provide additional
comments at that time.
❑ I have reviewed this land use proposal
for my department and have
concluded that IT WOULD AFFECT MY
DEPARTMENT, so I have provided
comments or conditions below or
attached.
Comments (please attach memo if additional space is needed):
The following conditions should be attached to this permit to ensure compliance with the
requirements of this department (please attach memo if additional space is needed):
Date:
Signature:
Phone/E-mail: Z . %7/, dOM X133,6
01VISION
Attachment 5
CITY OF EDMONDS — PLANNING DIVISION
REQUEST FOR COMMENT FORM
PW -Engineering ❑ Fire PW - Maintenance ❑ Parks & Rec. Builds
Treatment Plant ❑ Economic Dev.
Project Number:_
Applicant's Name:
Property Location: 16120 & 16118 72nd AVE. W.
Date of Application: 7/13/10 Date Form Routed: 7/14/10
Zoning: SINGLE FAMILY RESIDENTIAL (RS -20)
Project Description: LOT LINE ADJUSTMENT
"PER,ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE
THIS FORM WAS ROUTED: DUE BY 7.29.10
If you have any questions or need clarification on this project, please contact:
Responsible Staff: JEN MACHUGA Ext. 1224
Name of Individual Submitting Comments:
Title:
I have reviewed this land use proposal
for my department and have
concluded that IT WOULD NOT AFFECT
MY DEPARTMENT, so I have no
comments. My department may also
review this project during the building
permit process (if applicable) and
reserves the right to provide additional
comments at that time.
❑ I have reviewed this land use proposal
for my department and have
concluded that IT WOULD AFFECT MY
DEPARTMENT, so I have provided
comments or conditions below or
attached.
encs (please attach memo if additional space is needed):
The following conditions should be attached to this permit to ensure compliance with the
requirements of this department (please attach memo if additional space is needed):
Phone/E-mail:
V11 I V1. 61JIYIVIVL/J - I LMIVIVIIVV LJIY.IJIVIV -
/REQUEST FOR COMMENT FORM
❑ PW-EngineeringFire ❑ PW - Maintenance ElParks & Rec. ❑ Building
Treatment Plant ❑ Economic Dev.
Project Number: PLN2010-0050
Applicant's Name: JOHN THORESEN / PAULINE & CHRIS LANE
Property Location: 16120 & 16118 72nd AVE. W.
Date of Application: 7/13/10 Date Form Routed: 7/14/10
Zoning: SINGLE FAMILY RESIDENTIAL (RS -20)
Project Description: LOT LINE ADJUSTMENT
"PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE
THIS FORM WAS ROUTED: DUE BY 7.29.10
If you have any questions or need clarification on this project, please contact:
Responsible Staff: JEN MACHUGA Ext. 1224
Name of Individual Submitting Comments:
Title: E�t R -t-- �-
Lr I have reviewed this land use proposal
for my department and have
concluded that IT WOULD NOT AFFECT
MY DEPARTMENT, so I have no
comments. My department may also
review this project during the building
permit process (if applicable) and
reserves the right to provide additional
comments at that time.
❑ I have reviewed this land use proposal
for my department and have
concluded that IT WOULD AFFECT MY
DEPARTMENT, so I have provided
comments or conditions below or
attached.
Comments (please attach memo if additional space is needed):
The following conditions should be attached to this permit to ensure compliance with the
requirements of this department (please attach memo if additional space is needed):