Loading...
NE CORNER OF 75TH PL W AND 164TH ST SW.pdf13 +;� .. .s... a,.ai....��i.....W.,,.�.... .� .. ...._«.,_ 1.... .. ........... '..:.J__.rte >.� .i .._...�� .. ✓i.,.....-> ..I .._1...�.r.+...,.f....n...a+.�--w...__-.............V_w..........,. u::'::O�..v.* ..c.>.....Y_�_ ,. >..... .� .v., .�. r. l EXHIBIT 2 FILr`k DATE97 - CITY OF EDMONDS FEE, HEARING EXAMINER RECT APPLICATION FOR VARIANCE APO'S HEARING DATE: APPLICANT_ William Scully & Pat Scully ADDRESS 20927 46th Ave. S.E. CITY &. ZIJ., Bothell, WA. 98021 INDICATE 'TYPE OR DEGREE OF INTEREST IN PROPERTY PHONE 481-9037 Owner LOCATION OR ADDRESS OF PROPERTY NE corner of 75th Pl. W. and 164th St. SW 1 LEGAL DESCRIPTION OF PROPERTY Lots 62 and 63, Plat of Meadowdale Beach, as recorded in Volume 5 of Plats, Page 38, Records of Snohomish County, WA. VARIANCE FEQUESTED: A variance from the required minimum 100 foot loL- width in the 20,000 square foot zone to allow for three 90 foot wide lots. FOR OFFICE USE ONLY: USE ZONE:` ZONING ORDINANCE REQUIREMENT: \4,! Release/Hold Harmless Agreement The undersigned applicant, his heirs and assigns, in consideration for the City processing the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages and/or claims for damages, including reasonable attorneys' fees, arising from any action or inaction is based in whole or in part upon false, misleading or incomplete information furnished by the applicant, his agents or employees. Permission to Enter Subject Property The undersigned applicant grants his, her or its permission for public officials and the staff of the City of Edmonds to enter.the subject property for the purpose of inspection and posting attendan to this application. SAV Orle,50 N Signature of Applicant, Owner or Reyresentative : G e,p FooR, /roc. n ADDENDUM 1-7-87 Scully Variance 85-0529 As previously indicated, a variance is being requested from the strict enforcement of the 100 foot minimum lot width in the 20,000 square foot (RS 20) zone. The variance, if granted, would allow for the potential short subdivision of three 90 foot lots, as shown on the Plot Plan Exhibit A. The following is an examination of the variance criteria A through F, as listed under Section 20.85.010 "Findings". A. Special Circumstances On the subject parcel there exists special site topographic circumstances which would deprive the owner of use rights permitted other properties in the area. This site contains a total area of 107,870 square feet which quite obviously could support more than the three lots being requested in this 20,000 square foot zone. However, from examining the •.site plan one can see that a very steep bank, exceeding 60 feet in height, occurs on the eastern half of the property. This bank, along with the 50 foot setback from the toe -of - slope as recommended by our geo-technical consultant, renders approximately half of the property unuseable. Consequently, the variance is being requested to allow a use of the property which, exclusive of the severe topographic features, would be normally expected to easily occur on the site. B. Special Privilege Accompanying this application are two plot plans. Exhibit A depicts the ultimate short subdivision which would result if the variance is approved. Exhibit B shows the short subdivision which would result if the variance were denied. Obviously each exhibit portrays a 3 lot short subdivision, so granting of the variance would not result in the granting of a special privilege or an increased lot yield. The primary reason the variance is being requested is to allow the three home sites to be located further from the toe of the steep bank located in the eastern half of the site. C. Comprehensive Plan The existing comprehensive plan designation for this area is low density residential. Granting of this variance and the subsequent short subdivision of the property would result in 3 lots with an average area of 35',946 square feet, or a Page 2 Addendum/Scully Variance/85-0529 1-7-87 density of 1.21 lots per acre. Obviously, the resultant subdivision would be well within the low density residential guidelines of the comprehensive plan. D. Zoning Ordinance Approval of the variance would be consistent with the purposes of the zoning ordinance in that it would allow 3 lots with lot areas in excess of 20,000 square feet. Granted, the minimum lot width requirement would differ from the zoning ordinance, but the result of denying the variance would be the ultimate creation of three less desirable lots (see Exhibit B). These lots would be less desirable from the standpoint of both the future residents and the City in that they would force construction of the future third home closer to the toe of the steep slope. E. Not Detrimental The variance being proposed would not be significantly detrimental to the public health, safety, and welfare, or injurious to the property in the vicinity. In fact, it would be significantly beneficial to the public health, safety, and welfare because it would allow the construction of three homes in locations further from the toe of the steep slope (see Plot Plan Exhibit A). Were the variance denied, three homes could still be constructed on -site but the homes would be forced closer to the steep bank (see Plot Plan Exhibit B). F. Minimum Variance This variance is the minimum variance necessary to allow the rights enjoyed by other properties in the vicinity. It would allow for the ultimate 3 lot subdivision of a parcel which far exceeds the zoning area requirements for a subdivision of this type, but which is restricted by special topographic circumstances. In conclusion, one can see that while the proposed variance would not allow an increase in the density of the proposed subdivision, it would take into consideration the significant topographic features which occur on -site. In responding to these features, the variance would allow for the construction of three homes more removed from the toe - of -slope than would occur without the variance. DECLARATIONS OF APPLICANT Please answer all questions 1. What are the physical characteristics, (i.e. topography, shape of lot, etc.) which create a hardship for you in regard to development of your property? The eastern half of the site is characterized by a steep bank exceeding 50 ft. in height. This makes this half of the site essentially unuseable, while the west half of the site is relativelv flat. 2. Now does your property differ from other property in the same vicinity? It is different in that the steep slope makes utilization of the eastern portion of the site impossible. 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? No, in fact the variance would be beneficial in that it would allow three homes to be constructed at locations further from the steep bank. Three homes could ve constructed without the variance, but the homes would not be in as desireable a location, due to being orcc closer to the steep banK. 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? Thp hnmPc would hP fnre-r-d to hP nonG uctPc7_c1,ngPr to h steep bank on the eastern portion of the site. 5. Can you make reasonable use of your property without the variance? A "use" could be made without the variance However, the use would be more detrimental to the public health, safety, and welfare in that the homes would be forced to be constructed closer to the steep bank. u SW /Al SEC. 5,,, 'rWP- 27 N.) RIG e. 4 E.) M. I 9 /0 13 t-4-1 I 6 7 3 INE 'WAPF W.2 164 77q PL. 34 87 88 N7 -SCALE; 1", 200' EXHIBIT 3 0 I I p 0 r 4 c r lei 0 ADJACENT PROPERTY OWNERS LIST TaX Account Number Owner ---- -- — Property Status. 5131-000-06*-0004 oouozu Iverson | Vacant ` uszu zmru ez, S.E. ^ Bothell, WA. 98012 ' ' / . szzz-000-oos-uuox Cliff Lawson owner Occupied � 16221 rstx Pl. W. Edmonds, nu. y0000 ' soz-oaz-noz-ouno Cliff Lawson o ! ' Vacant (Lots z turu s) 5131-060-001-0004 John oaouerzio / Vacant -noz-000z C/O Scott, William Vacant -no«-ouoz 4069 mvzius Rd. zouuu rstu pz' W. Wenatchee, wu, ooaoz oumouuo, WA, 000cu -ouo-0000 Bud Leufkeno Vacant -000-oon* 16320 rotx nl. W. Vacant -nor-onnu oumuoua, WA. yoozo Owner Occupied i -ouo-ouoo William wazoon Owner occupied zoozu rutu Pl. W. ' oa��oua, WA. 00000 -ozu-oouy aaonit a ozicfozu xlaupy . Vacant zsyoo 13tu N.W. Seattle, WA. 000, 5131-000-089-0104 opoazd Hansen Owner Occupied 16411 rstx Pl. W. oowopuo, ou, yoocu 5131-000-089-0401 Mrs. Kenneth uoLeee Vacant 2403 Everett Ave. Everett, WA. 98201 461.6-000-005-uoo3 Jonathan Edwards Owner Occupied 7317 164tu el. S.W. �'| Edmonds, WA. 98020 ` On my oath, [ certify that the names and addresses provioeu all properties located within UV feet of the subject property. SAscribed and sworn to before me this "'day of J,04/, 19 at el � !i n` Residing at u Skully Variance App 85-0529 12-29-86 Ownerships (from Sno. Co. Assessor Real Property Roll of 8-30-86) 5131-000-064-0004 Donald Iverson 2510 143rd Pl. S.E. Bothell, WA. 98012 5131-000-065-0003 Cliff Lawson 16221 75th Pl. W. Edmonds, WA. 98020 5131-061-001-0002 Cliff Lawson (Lots 1 thru 5) 5131-060-001-0004 John Sanderlin -002-0003 c/o Scott, William -004-0001 4069 Mylius Rd, Wenatchee, WA. 98801 -005-0000 Bud Leufkens -006-0009 16320 75th Pl. W. -007-0008 Edmonds, WA. 98020 -009-0006 William Nelson 16330 75th Pl. W. Edmonds, WA. 98020 -010-0003 Kermit & Clifford Alskog 16902 13th N.W. Seattle, WA. 98177 5131-000-089-0104 Donald Hansen 16411 75th P1. W. Edmonds, WA. 98020 5131-000-089-0401 Mrs. Kenneth McLees 2403 Everett Ave. Everett, WA. 98201 4616-000-005-0003 Jonathan Edwards 7317 164th Pl. S.W. Edmonds, WA. 98020 i William & Pat Scully 20927-46th Ave. S.E. Bothell, WA 98021 Donald Iverson 2510-143rd Pl. S.E. Bothell, WA 98012 Cliff Lawson 16221-75th Place W. Edmonds, WA 98020 John Sanderlin C/o Scott, William 4069-Mylius Road Wenatchee, WA 98801 Bud Leufkens 16320-75th Place W. Edmonds, WA 98020 William Nelson 16330-75th Place W. Edmonds, WA 98020 Kermit & Clifford Alskog 16902-13th N.W. Seattle, WA 98177 Donald Hansen 16411-75th Place W. Edmonds, WA 98020 Mrs. Kenneth McLees 2403 Everett Ave. Everett, WA 98201 Jonathan Edwards 7317-164th Place S.W. Edmonds, WA 98020 Steve Anderson Group Four, Inc. 19502-56th Ave. W. Lynnwood, WA 98036 \II'll 3J�j n City of Edmonds 7 /ary McComas Fi re M. Bobby Mills P.W.NTER-OFFICE CORRESPONDENCE .Dan Smith/Jerry H� th U Engineering Duane Bowman 1/16/87 TO FROM DATE SUBJECT V-3-87 VARIANCE TO ALLow..90 FT. LOT WIDTHS INSTEAD OF CODE REQUIRED 100 FT. FOR PROPERTY LOCATED AT NE.CORNER OF 75TH PLACE W. AND 164TH ST. S.W. (RS-20) NOTE: THE.,. -*APPLICANT,IS PLANNING..ON SUBDIVIDING THE PROPERTY : - N THE -FUTURE. EXHIBIT A SHOWS THE PROPOSED LOT .LAYOUT IF THE VARIANCE IS GRANTED; EXHIBIT B SHOWS THE PROPOSED LOT LAYOUT IF THE VARIANCE IS NOT GRANTED. HEARING DATE: FEBRUARY 5, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN JANUARY 22, 1987. THANKS.: "A 4, q ff� City of 1170PiP,ds /Gary McComas - Fire M. Bobby Mills - P.W. INTER -OFFICE CORRESPONDENCE Dan Smith/Jerry Hauth - Engineering „ To FROM Duane Bowman DATE 1/16/87 SUBJECT -- V-3-87 VARIANCE TO ALLOW.90 FT. LOT WIDTHS INSTEAD. OF CODE' REQUIRED. 100 FT. FOR PROPERTY LOCATED AT NE CORNER OF 75TH PLACE W. AND 164TH ST. S.W. (RS-20) i NOTE: THE:APPLICANT IS PLANNING-ON.SUBDIVIDING THE PROPERTY t IN THE FUTURE. EXHIBIT A SHOWS THE -PROPOSED LOT LAYOUT IF `THE VARIANCE IS GRANTED; EXHIBIT B SHOWS THE PROPOSED LOT LAYOUT j IF THE VARIANCE IS NOT GRANTED, HEARING DATE: FEBRUARY 5, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN JANUARY 22, 1987. THANKS. RECEIV ED JAN 191987 F,DJy10NQ$ FJR_R DES, �.._—., �_.......�W,..»..».� ,..�.dv.,w.e,,..a.u,,,.:.,..;.riy.,:cwL.,..u..............»......,. ,>,...- ..L..t.,,..., I6v�....,,.....y t ., .. _..47 City ®f Edmonds RECEIVED Gary McComas - Fi re M. in pi 1 Bobby Mills - P.W. INTER -OFFICE CORRESPONDENCE Jan Smith/Jerry Hauth - ENGINEERING . Engineering To FROM Duane Bowman SATE 1/16/87 SUBJECT ---- F V-3-87 VARIANCE TO ALLOW.90 FT. LOT WIDTHS INSTEAD OF CODE REQUIRED 100 FT. FOR PROPERTY LOCATED AT NE CORNER OF 75TH PLACE W. AND 164TH ST. S.W. (RS-20) 4 NOTE: THE ::APPLICANT..IS PLANNING..ON SUBDIVIDING THE PROPERTY'. IN THE FUTURE. EXHIBIT A SHOWS THE PROPOSED LOT .LAYOUT IF THE VARIANCE IS GRANTED; EXHIBIT B SHOWS THE PROPOSED LOT LAYOUT IF THE VARIANCE IS NOT GRANTED. HEARING DATE: FEBRUARY 5, 1987 PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN JANUARY 22, 1987. THANKS., VaA_eA_e e_t - 0 CITY OF EDMONDS THE11(�D� °tom • "' WILL HOLD A PUBLIC HEARING )4V9.6jAYj , 19�ON THE FOLLOWING APPLICATION: FILE NO. Y'�—i PROPERTY ADDRESS AND LOCATIO o -76orH FL- w . Adio 1 &14 *Tm d6m". oS,. W e ZONE DISTRICT 7Q 26 THE HEARING WILL BEGIN AT { . o + •M., IN THE PLAZA MEETING ROOM, LIBRARY BUILDING, 650 MAIN STREET, EDMONDS, WASHINGTON. IF YOU WISH TO COMMENT ON THIS PROPOSAL, YOU MAY COME TO THE HEARING AND SPEAK. YOU MAY ALSO WRITE A LETTER STATING YOUR VIEWS WHICH WILL BE CONSIDERED AT THE HEARING. PLEASE ADDRESS THE LETTER TO THE PLANNING DEPARTMENT AND INCLUDE THE ABOVE FILE NUMBER. IF THE ITEM IS CONTINUED TO ANOTHER HEARING BECAUSE THE AGENDA IS NOT COMPLETED, OR FURTHER INFORMATION IS NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED ONLY AT THE MEETING. ADDITIONAL INFORMATION MAY BE OBTAINED AT THE PLANNING DEPARTMENT, 250 FIFTH AVENUE NORTH, EDMONDS (PHONE 771-3202, EXTENSION 252). THE REMOVAL, MUTILATION, DESTRUCTION, OR wirw A Irl N I Nu'omCONCEALMENT OF THIS NOTICE BEFORE THE DATE ■ OF THE HEARING IS A MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTER 2-/ 5J or-t-4 oy~ Aci Vat /g, �i^in+K.lb.i.�hhslc' `'✓iwN�mr`.'y..w' m:Y.wSd.�%`ALM'P4' �Y AFFIDAVIT OF POSTER STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) FILE NO. V-3-87 APPLICANT William & Pat Scully Duane Bowman being first duly sworn, on oath, deposes and says: That on the 21st day of January , 19 87 , the attached Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, in the Frances Anderson Center and Civic Center, and where applicable on or near the subject property. Signed Am�lv' Subscribed and sworn to before me this e,2 day of 19. Notary Public in and for the State of Washington. Residing at MY COMMISSION EXPIRES 6-16.89. 13 al FILE NO. V-3-87 APPLICANT William & Pat Scully AFFIDAVIT OF MAILING STATE OF WASHINGTON ) ) 5S. COUNTY OF SNOHOMISH ) Susan Painter being first duly sworn, on oath deposes and says: That on the 21st day of January ,19 87 the attached Notice of Public Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Signed���r1�t Subscribed and sworn to before me this o?//- day of . 19P-7 � Notary Public in and for the State of Washington. Residing at„�,, MY COMMISSION EXPIRES 6-16.89. 4E' THIS PACKET SENT TO HEARING EXAMINER , JANUARY98 EXHIBIT LIST V-3-87 EXHIBIT 1 - STAFF REPORT EXHIBIT 2 - APPLICATION/DECLARATIONS EXHIBIT 3 - VICINITY MAP EXHIBIT 4 - PROPOSED SUBDIVISION (EXHIBIT A) EXHIBIT 5 - CODE REQUIRED PLAN (EXHIBIT B) 0 EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: V-3-87 HEARING DATE: February 5, 1987 I. REQUESTED ACTION: Variance to allow lot widths of 90' instead of the normally required 100' for a proposed three lot short subdivision northeast corner of 75th P1. and 164th St. S.W. II. APPLICANT/OWNER: William & Pat Scully 2.0927 46th Ave. W. Bothell, WA 98012 III. LEGAL DESCRIPTION: See Exhibit 2 Representative: Steve Anderson Group Four, Inc. 19502 56th Ave. W. Lynnwood, WA 98036 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property.and Surrounding Area The Applicant is proposing to short subdivide the 2.47 acre parcel of undeveloped land located on the northeast corner of 75th Pl. W. and the undeveloped right-of-way of 164th St. S.W. into three lots. The site slopes from east to west with a severely steep bank located on the eastern half of the property. The Applicant proposes to divide the property into three lots, each running east to west with lot widths of 90'. Surrounding development is single family residential. B. Official Street Map proposed R/W Existing R/W South - 164th St. S.W. 40' 40' West - 75th P1. W. 60' in The Official Street Map indicates that a ten foot dedication of right-of-way is required along 75th P1. W. C. Conformance to Chapter 20.85.010 Staff Report V-3-87 1. Special Circumstances i Page 2 Special circumstances do appear to exist in this particular case, due to the steep topography on the site and the need to protect the integrity of the steep bank by maintaining a 50' setback from the toe of the bank. 2. Special Privilege Based upon the circumstances, the proposed variances do not appear to represent a grant of special privilege. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property as Low Density Residential and Environmentally Sensitive due to steep slopes. The adjoining properties are also similarly designated. The proposed variances do not appear to conflict with the purposes of the Comprehensive Plan. 4. Zoning Ordinance The subject property, as well as the surrounding area, is zoned RS-20. The proposed variances do not appear to conflict with the purposes of the zoning ordinance or the RS-20 zone district. 5. Not Detrimental The proposed variances do not appear to pose any significant impact to the public or to any near by private property or improvement. 6. Minimum Variance The requested variances do appear to represent a minimum variance requests. V. STAFF RECOMMENDATION: Clearly, the requested variances meet the criteria of Chapter 20.85.010. This property is environmentally sensitive due to steep slopes and unstable soils. Staff Report Page 3 V-3-87 Staff recommends approval of V-3-87, subject to the following conditions: 1. Dedicate ten feet of right-of-way along 75th Pl. W. to the City of Edmonds upon approval of the three lot short subdivision. 2. Apply and obtain approval for a three lot short subdivision. 3. Prior to any issuance of any building permits on any lot, the Applicant or any subsequent owner shall comply with all Building Division requirements for the Meadowdale Landslide Hazard Area. 4. No building will be allowed east of the 50' setback from the toe of the slope of the steep bank as shown on Exhibit 4. n PLEASE PRINT YOUR NAME AND ADDRESS BELOW IF YOU WISH TO SPEAK ON THIS ITEM AND/OR WISH TO RECEIVE A COPY OF THE BE EXAMINER'S FINDINGS OF FACT v-3-87 WILLIAM AND PAT SCULLY variance to reduce the required lot width from 100' to 90' for proposed three lot subdivision on the northeast corner of 75th Pl. W. and 164th St. S.W. NAME ADDRESS y-a, 1y. w , �'� /&e/e,� - /3 i _ iECEIVED ( } C.IIY, OF EDMONDS CITY OF EDMONDS LARRY S. NAUGHTEN MAYOR r . 250 5th AVE. N. • EDMONDS, WASHINGTON 96020 • (206) 771.3202 HEARING EXAMINER FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION OF FILE: V-3-87 WILLIAM AND PAT SCULLY FOR APPROVAL OF A VARIANCE " DECISION: The variance is granted subject to the conditions listed. INTRODUCTION William and Pat Scully, 20927 - 46th Avenue West, Bothell, Washington, (hereinafter referred to as Applicants) have requested approval of a variance to -allow a reduction in widths of lots for a proposed three -lot subdivision at the northeast corner of 75th Place West and 164th Street S.W. in the City of Edmonds, Washington. The specific request is for a reduction of the required 100-foot wide lots to lots of a 90-foot width. A hearing on the request was held before the Hearing Examiner of the City of Edmonds, Washington, on February 5, 1987. At the hearing the following presented testimony and evidence: Duane Bowman Steve Anderson Planning Dept. Group Four Inc. City of Edmonds 19502. - 56th Ave. W. Edmonds, WA 98020 Lynnwood, WA 98036 Cliff Lawson Don Hansen At the hearing the following exhibits were. submitted and admitted as part of the official record of this proceeding: Exhibit 1 - Staff Report " 2 - Application/Declarations " 3 - Vicinity Map " 4 - Proposed Subdivision (Exhibit A) " 5 - Code Required Plan (Exhibit BY After due consideration of the evidence presented by the Applicant; evidence elicited during the public hearing; and, as a result of the -1-- INCORPORATED AUGUST I I ,'1 E390 n HEARING EXAMINER RE: V-3-87 personal inspection of the subject property and surrounding areas by the Hearing Examiner, the following Findings of Fact and Conclusions constitute the basis of the decision of the Hearing Examiner. FINDINGS OF FACT 1. The Applicants have requested a variance for the allowance of the reduction of the widths of the three lots in a three -lot subdivision to be located at the northeast corner of 75th Place West and 164th Street S.W., in the City of Edmonds, Washington. (Staff report.) 2. The Applicants are short subdividing a 2.47 acre parcel of unde- veloped land. They are subdividing the property into three lots. The site is level on the western edge but has steep banks located on the eastern half of the property. Because of these steep banks the Applicants are limited in the method and manner in which they can develop the property. (Staff report.) 3. The subject property is zoned RS-20. Edmonds Community Develop- ment Code (ECDC) 16.20.030 establishes 100 feet as the minimum lot width for RS-20 zoned properties. The Applicants are requesting a variance to allow 90-foot widths for each of the lots. (ECDC and Staff report.) 4. All the proposed lots within the subdivision satisfy the area requirements for RS-20 zoned lots. (Exhibit 4.) 5. The Applicants have proposed the three lots in the subdivision to be rectangular in shape and adjacent to each other. The only other method of developing the property with a three -lot subdivision is to have irregular -shaped lots with a panhandle access to proposed Lot #3, which would be in the northeast corner of the site. However, such a design would result in a reduced area for the building pad for Lot #3 and would be detrimental to the neighborhood and to the development in general. A copy of the proposed plat plan was admitted as Exhibit 4 to the hearing and is attached hereto and by this reference is hereby incorporated as part of these findings. A copy of the alternative plat plan was admitted as Exhibit 5 and is attached hereto. (Exhibits 4 and 5.) 6. In order for a variance to be granted within the City of Edmonds the criteria as set forth in ECDC 20.85.010 must be satisfied. These criteria include: A. Because of special circumstances relating to the property, the strict enforcement of the zoning ordinance would deprive the owner of use rights and privileges permitted to other properties in the vicinity with the same zoning. B. The approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning. -2- HEARING EXAMINER RE: V-3-87 In C. The approval of the variance will be consistent with the Comprehensive Plan of the City of Edmonds. D. The approval of the variance will be consistent with the purposes of the zoning ordinance and the zone district in which the property is located. E. The variance as approved or conditionally approved will not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and same zone. F. The requested variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning. (ECDC.) 7. The special circumstances that exist in this case are the extreme steep topography on the eastern portion of the site. In order to develop this property all precautions must be taken to preserve the steep slopes and as a result special circumstances for this variance appear to be warranted. (Staff report and Bowman testimony.) 8. The Comprehensive Plan designates the subject property as Low Density Residential and Environmentally Sensitive. The steep slopes on the eastern portion of the site are environmentally sensitive. (Staff report.) 9. The requested variance will not be detrimental to other proper- ties in the area and will in fact benefit the area by maintaining the integrity of the steep slopes. (Bowman testimony.) 10. The Planning Department of the City of Edmonds recommended approval of the variance subject to the conditions as set forth in the Staff report (Exhibit 1.) 11. A witness (Lawson) testified that there has been no survey done on the drain line easement within the parcel of land. The witness also questioned whether construction could occur on top of the easement when it was established. The City responded that no construction could occur on the easement. (Lawson and Bowman testimonies.) 12. The Applicant was asked at what point access would occur to . the lots. In response the Applicant submitted that all access would be off 75th Place West. (Anderson and Hansen testimonies.) CONCLUSIONS 1. The application is for the approval of a variance for the MIM HEARING EXAMINER RE: V-3-87 allowance of a reduction of lot width from the 100-foot standards for RS-20 zoned lots on property located at 75th Place West and 164th Street S.W., in the City of Edmonds, Washington. The requested variance is to allow three lots of a proposed three -lot subdivision to have lot widths of 90 feet. 2. The criteria as set forth in ECDC 20.85.010 have been reviewed and the proposal satisfies these criteria. 3. Special circumstances exist for the granting of a variance. The steep slopes limit the development of the property and the variance is needed to protect the steep slopes in the area. 4. The granting of the variance will not be the grant of a special privilege to the Applicants. 5. The requested variance is consistent with the Comprehensive Policy Plan Map of the City of Edmonds. 6. The requested variance is consistent and does not conflict with the purposes of the RS-20 zone. It will regulate areas primarily for family living in single-family dwellings. 7. The requested variance is not detrimental to other properties in the area. 8. The requested variance is the minimum necessary for the Appli- cant to develop the property. DECISION Based upon the preceding Findings of Fact and Conclusions; the testimony and evidence submitted at the public hearing; and, upon the impressions of the Hearing Examiner at a site view, it is hereby ordered that the requested variance for a reduction in the width of lots in a proposed three -lot subdivision at the northeast corner of 75th Place West and 164th Street S.W. in the City of Edmonds, is granted subject to the following conditions : 1. The width of each lot in the proposed subdivision shall not be less than 90 feet. 2. The Applicants shall dedicate 10 feet of right-of-way along 75th Place West to the City of Edmonds. This dedication shall occur upon approval of the three -lot short subdivision. 3. This variance shall be effective at the time of application and approval of the three -lot short subdivision. 4. Prior to the issuance of any building permits on any lots, the Applicants, or successors, shall comply with all Building Division requirements for the Meadowdale Landslide Hazard Area. -4- .,......._...,......._�..ss.�.:..a.w...a..�.�.u.�......�......w.__...,....Y....�.......�......_...w...�,....._...�.—..«L:,ys..,t.;.a.........,..,....aw.,.__.._..,.�..,..�.�,....u�..<..�,...�c�.::«, HEARING EXAMINER RE: V-3-87 ` 5. No building will be allowed east of the 50-foot setback from ' the toe of the slope of the steep bank. This area is shown on Exhibit 4 which is part of this decision. Entered this 20th day of February, 1987, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. I ES M. DRrSCOL ring Examiner `-1 NOTICE OF RIGHT TO APPEAL Written appeals alleging specific error of fact or other grounds for appeal may be filed with the Planning Department, City of Edmonds, Civic Center, Edmonds, Washington,.98020, within fourteen days of the date of the Hearing Examiner's final action. In this matter any appeal must be received by the Department prior to 5:00 p.m. on March 6, 1987. -5-