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FILE # "�
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M BOARD OF ADJUSTMENT FEE_
APPLICATION FOR VARIANCE
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REC' T
HEARING DATE:
VA P17)2t fc � ADDRESS 6 AEU �1 �
U) CITY & ZIP f N
pPPLICAN7 �CU/y�.�.
e or degree of interest in the property.
PHONEIndicate type �L��� PHONE
ADDRESS,CITY & ZIP
OWNER : A`�'�"��,�/
LOCATION OF PROPERTY(ADDRESS) �3
LEGAL DESCRIPTION OF PROPERY:
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USE ZONE
ZONING ORDINANCE REQUIREMENT:
VARIANCE REQUESTED:
STATEMENT 111 OF CO11 NIII D11, IT11 I111 O11, NS'A11 ND REASONS FOR REQUEST,
ATTACHED*
SY PLANNING DIVISION
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IN ACCORDANCE WITH STANDARDS AND CRITERIIF A
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STATE OF�'GJASHI&Otl) ss , V �
COUNTY OF SNOHOMISH Signature of Applicant, Owner or Represe ive
. in a d Uor State of
the undersigned, a Notary Pub ,who, being
On this date, before me, ersonally appeare -
Washington, duly commissioned and sworn, p he has prepare and read t e foregoing
duly sworn, on his/40+= oath deposes and says that to
d to me that the recitations containef0ththein are purposesutheredinhas
statements and has acknowledge free and voluntary act and deed
signed this instrument as his/icekii 1ar7
mentioned..
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Subscribed and sworn to before me this a ay ° �, residing aco�&
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Notary
Public and for the State of Washing one
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ALLEGATIONS OF APPLICANT
POINT 1. The following are the special circumstances which apply to my property
which deprive me of rights and privileges which are enjoyed by other properties in
the vicinity under the identical zone classification*
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POINT 2. The variance I am requesting will not be detrimental to the public wel,
fare or injurious to the properties or improvements in the vicinity of a zone in '+
which property is located because:
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POINT 3. If this variance is not granted, an unnecessary hardship will continue
to the owner of this property, the.cause of which is beyond his control b cause::
POINT 4. So as not to grant a special privilege to me by the granting of this
variance I submit the following conditions to be imposed so as not to cause in-
consistencies with the limitations upon other properties in the vicinity and zone
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Record of Findings of Fact by Board of Adjustment
The Boa d of Adjustment for the City of Edmonds finds in the case of
File No. V request for variance at Z �J
;.7� the following:
1. That notice was given according to Code requirements, and Affidavits attesting to same
are in the file.
2. That the foregoing set forth Standards and Criteria each have/.love mot been met.
3. In addition thereto,
4. Therefore, the request for variance isz�ed/Granted, subject to the following special
conditions:
5. Section 12.16.110 "----and if a building permit and/or occupancy M rmit is not obtained
for Lt�.e subject property within one year from the date of the Board's decision, the con-
ditional use permit or variance shall be automatically null and void.---"
6. Decision shall be effective on:
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DATA
Date of Application: G - $ %�
Date of Publication: � 1,07 $
Date of Posting:
Date of Appeal from Decision of the Board:
ate
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airman, Board of Adjoud ment
Date of Hearing
Continuances:
ecretary, [Board of Adjustmen
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Dear Councilman Clement.
A special Meeting of the Board of Adjustment was called last even-
ing_to consider V-8O�78 regarding a variance for Mr. Van Driel
regarding a. setback for the proposed right-of-way on Puget Drive.
(We have an appeal coming up on Wed., Oct. T8th, at the regular
meeting regarding the definition of front yard as some 35' of the
building is still Td' from our RS12 property.)
Nancy Luster of the Planning Department in erplain.ing the rroblem
referred to both Fuget Drive and Olymi;ic View as Front Yards and
said at one point that the iowner of a corner lot can choose Which
would be the.front yard, and that the 19' boundary on Olympic View
was his choice. ( This was the same information I uras originally
fold when I ;vent to the Planning Department desk in February.)
I had thought this matter was resolved at tl--a June 20th, 1978,
Cite Council bieetirg. (�aLe 11 of -the n mutes) when 1 asked -if
£0�1�78 was for RS only. Mr. LaTourelle, as I recall, said yes.
Mr. Murphy's answer agreed as noted in the minutes.
}lour can we be sure that, when we meet with the Board of .Adjustment
next week, the definition of Front Yards for corner lots in BN ZonF�s
will be as defined and confirmed at the City 0ouncil meeting of
June 20th above, rather than as it is given in 12.13.050 (RS)
section, of the zoning; code?
I also vrA.s curious about the "Special Meeting," In answer to my
question, the Board Chairman asked his. Luster. She thought it
might; have been celled by tine engineering Department. however,
12.16.120 (Page 15&18) of the Zoning 'lode says only the chairman
of the Board can deter -mine this.
Sincerely yours,
iNESS
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NOTICE OF HEARING PETITION
FOR VARIANCE - CONDITIONAL USE PERMIT
BY EDMONDS BOARD OF ADJUSTMENT
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All interested persons are hereby notified that I+O �ii�884y, the ('
9th day of October 19 78,-has been set as the
date for hearing petition filed by Don Van Drier:
for a variance-ft=dirki<=&1x xlaamjJ from the required setback
from the proposed right-of-way of Puqet Drive
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at 1233 Olympic View Drive
said property being zoned B1J {
acpdx�e�a�;l;�cxdes�ex�fae�x�ax�'a���w�x
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Said hearing will be at 7*30 P.M. in the Council Chambers of the
Civic Center, Edmonds, Washington before the Board of Adjustment
and all interested persons are invited to appear. s
IRENE VARNEY MORAN
City Clerk, City of Edmonds
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FILE NO: V-80-78 '
PUBLISH: 9-30-78
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AFFIDAVIT OF POSTER
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F I LE N0. V-30-78 4.
APPLICANT
Don Van Driel
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STATE OF WASHINGTON )
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COUNTY OF SNOHOMISH )
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Nancy Luster being first duly sworn,
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on oath deposes and says: j
That on the o� day of 19�, the } '
attached Notice of Public Hearing was,posted as prescribed by Ordinance,
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and in any event, in the Post Office and Civic.Center, and where appllc- 7,
able, on or near the subject property.
Notary Public In and fQr th0St t pfCl.C.c
Washington residing at fib\
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0 -PUBLIC HEARIN
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NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A
PUBLIC HEARING WILL BE HELD BY THE
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AN APPLICATION HAVING EEN FILED FORir
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PROPERTY DESCRIPTION OR ADDRESS:. ! • • • • • • •�•i:• •,� .. • J ��..... .
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t•• • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . • • • • • • . . . . . . . . • • • . • . 0 • • • . . . • • • . 0.0 • . •. .
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<'ZONECLASSIFICATION: •N ••••••••• •••••••.••••••••••••••••••••••••••••••••••. ,,,
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TIME&DATE OF HEARING.�f.�: .. ••••••.�I!�� ••••• ••6••••••(•V•••'',
1fIME DAY DATE
r 'THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS . CIVIC
"CENTER, 250 - 5th AVENUE NORTH• ANY PERSON INTERESTED IN THIS 7=:'
PROPOSAL MAY APPEAR IN SUPPORT OF OR IN OPPOSITION TO IT, COMMENTS?
5+?" CONCERNING THE APPLICATION MAY BE SUBMITTED PRIOR TO OR . AT THE
i ADDITIONAL INFORMATION MAY BE .-';':
=� -MEETING, IN PERSON OR IN WRITING.
*�`!�' OBTAINED AT THE PLANNING DIVISION (PHONE 775-2525 : EXT• 227). IN THE Tx
', EVENT THE AGENDA IS NOT COMPLETED ON THE ABOVE DATE, THE PUBLIC
HEARING WILL BE CONTINUED TO THE NEXT REGULAR MEETING AT THE ,SAME € ;
k;TIME AND PLACE. u'
Vo" � .... .. PUBLISHED. !.� ® s'.� ......... t gi s FILENO"... .. j•i` ',
{ ` THIS POSTER MAY REMOVED lm."r"R - 71�`
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The removal, mutilation, estruc ion,
concealment of this notice prior to the date ,;,`:
of the hearing is a misdemeanor punishable °,;'
by fine and imprisonment.
- ..
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STATE OF WASHINGTON.
COUNTY OF SNOHOIKISH,
F2
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of the EVERETT HERALD, a daily news-
paper printed and published in the City of Everett, County of Snoho-
mish, and State of Washington; that said newspaper is a newspaper
of general circulation in -said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County, and that the notice ...........:........................
NOTICE OF HEARING
.......................... ...........................................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
SEPT* 3p t...1978.....................:...:........:.......I..............................
....... ......... ....... ............ ............. .......... ...................... I.., ....... I ... 0...... ..... .
and that said newspaper was regularly distributed to its subscribers
during all of said period. n
Principal Clerk
Subscribed and sworn to before me this ....2nd............
QC�'4BF Z 19 28..
day of� ........
. -.. ..-
.......................
Notary Public in and for the State of Washington,
residing at Everett, Snohomish County.
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PLANNER'S VARIANCE REVIEW FORM
APPLICANT: L 1PL)
ADDRESS: I a 0
VARIANCE REQUESTED:
ZONING CODE /REQUIREMENT:
OTHER PERTINENT FA
VARIANCE CRITERIA - Section 12-16.100
1. Does this amount to a rezone? %)n . 11 c C.' Sle
2.(a) Are there conditions and/or circumstances not gei
.1 lands in the same district? l�(0 :^)
101I� Id►Nn /a.CG q'/C'.`. CJfl1`oI`tCU I It'ZL i
FILE # V- aoa ?;s
ZONING:
C
rally, applicable to other
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(b) Would strict enforcement of the zoning code deprive the property owner of right:
commonly enjoyed by other properties in the same district?_
A•'11el
3. Do the special conditions result' from the actions of the applilcant7
n . k n? ID 0 £-I luo- n, n 0 A T (a�t\C1'1 I I R _.J-) t . rr , Y f On r
4. Are there unnecessary hardships and practical difficulti
provisions of the zoning code?;t7..C:C''�..c
x5. Will the granting of the variance be etrimental to the
pf roperty owners i n the vicinity? ?_.+.� l t` A
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6. Is this he minimum varifaAce tha
in carryit4g out
P
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al th, safety, or welfare
will make possible the reasonable use of land?
C.0 �.. l �. (c `.; :a Jr' ` 1. `� -.C' l_ ti c,•('�Q. i2 ��' !�(
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7. Will the granting of the variance generally be in harmony and compatible with this
zoning code? r'_;� .
Planner's Variance Review 12/77
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APPLICANT
HEARING ;
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FAST S�"tFFT �"
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FACT SKEET- FILE
CITY OF EDIVIONDS
CIVIC CENTER • EDMONDS, WASHINGTON 98020 • (206) 775-2525
COMMUNITY DEVELOPMENT DEPARTMENT
DATE : October 16, 1978
4 TO ; Mr. Don Van` Dr i e l
630 Aloha
Edmonds, WA 98020
TP.AZJSMITTIZJG : Board of Adjustment Meeting Minutes and
Amenities De!§tgn Board Meeting Minutes
i RE: V-80-78 & ADB-121-77
.I
AS YOU REQUESTED:
FORYOUR- INFORMATION: XX
AS WE DISCUSSED:
FOR APPROVAL
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FOR YOUR FILE:
REVIEW AND COI Z•'IENT
COMMENT AND RETURN:
MINUTES OF MEETING : October 4, 1978 & October 9, 1978
1
REMARKS:
R
HAVE H. HARRISON
MAYOR j
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PLANNING DIVISION
EDMONDS BOARD OF ADJUSTMENT
October 9, 1978
A special meeting of the Edmonds Board of Adjustment was called to order by
Chairman Al Bailey at 7:30 P.M. in the Council Chambers of the Edmonds Civic
Center,
PRESENT ABSENT STAFF PRESENT
Al Bailey John Byrd Nancy Luster, Associate Planner
Paul Roy Gary Visser Wayne Tanaka, City Attorney
Alice Stole Jo Ann Fischer, Recording Secretary
Harold Hatzenbuhler
Ken Hovde
Ann Derleth
Bill Leraas
Chairman Bailey welcomed the audience and explained the functions of the Board,
the procedure for handling of the hearings, and the method of appealing de-
cisions of the Board.
AGENDA
V-80-78 DON VAN.DRIEL Variance.from;required. setback. from. the proposed
rig t-o -way of Puget Drive "at1233 Olympic View Drive:
Mrs. Nancy Luster, Associate Planner, stated that the Board members
had received a copy of the site plan and the drainage plan along
with the application. She stated that this was a variance of the
front yard setback on Puget Drive. A 30' front yard setback is
required. Mrs. Luster stated that the site plan shows the propert
dine to be 34' from Puget Drive and the drainage plan indicates y
a 10' proposed -right-of-way. The 10' proposed -right-of-way was
not indicated on the site plan; therefore, the applicant is 6'
short of the required 30' front yard setback when allowing for
the 10' right-of-way.' Mrs. Luster said that a stop work order
had been placed on this construction. She went on to say that
this variance did not amount to a rezone of this property and
the shape of this property makes it difficult to site the build-
ing on this lot. The applicant has moved the structure to the
east in order to keep it out of the direct area of the residential
property. Mrs. Luster stated that -because the applicant moved the
building in the planning stages in order to lessen the impact on
the residential area, he is unable to meet the required 30' set-
back. She went on to say that the staff feels the variance will
not cause any site obstructions and the building is lined up with
other buildings along Puget Drive. The 10' added right-of-way
will not create a safety problem and there is sufficient parking
space available along with ample area for .landscaping. Therefore,
the staff recommended approval of this variance.
A discussion.ensued as to the width of the proposed right-of-way.
Mr. Wayne Tanaka, City Attorney, stated that the official street
map indicates that there be an additional 10' allowed for this
right-of-way so regardless of whether the improvement is put in,
the applicant would still have to set back from the official street
map where the proposed street will eventually be. Mrs. Derleth in-
quired as to the height of the building. Mrs. Luster stated that
it was a two-story building and within the height requirements.
The public portion of the hearing was opened,
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Mr. Don Van Driel of 630 Aloha Way, applicant in this hearing,
stated that his main concern was the fact that he had done a
number of things in order to make this a feasible project. He
had moved the building forward in order to allow a better site
for the residential area and in doing this, it caused the problem
which he now has on Puget Drive. He further stated that he would
be willing to remove the parking spots that are presently utilized
in that area if it is necessary at the time he would actually have
to deed the property over to the state. Mr. VanDriel stated that
he definitely felt the building location, height and size con-
forms well to the property and that it will make adequate use of `
the land. Mrs. Jane Cunningham of 1030 Grandview stated that the
Board would be considering her appeal on October 18, 1978 regard-
ing which is the front yard of the VanDriel property.. Mrs. Cunn-
ingham referred to several previous meetings wherein the subject
of corner lots was discussed. Chairman Bailey pointed out that
the Board can only adjudge what is before them. He further stat-
ed that the Board had no other jurisdiction and they must, there-
fore, consider hearing the request by the applicant for a variance
of 6' or more to meet the required setback. Mrs. Cunningham was
concerned that the Board had been given incorrect information,
and further concerned about what might take place between this .
meeting and the meeting at which she will present her case. Mr.
Wayne Tanaka stated that the matters which she wants brought up
may be presented at the meeting where her case is concerned. He
said that if it turns out that Mr. Van Driel has to meet some add-
itional setbacks from the property line adjoining hers, then he
would have to meet them. Mrs. Cunningham stated that she had -
obtained information from Mr. James Murphy, City Attorney ,at the
City Council meeting of June 20, 1978 which was very pertinent to
thise case and that she would be appealing the choice of two front
yards at the October 18, 1978 meeting. Ms. Mildred Winder of
1414 9th Avenue North stated that she was in favor of this vari-
ance. Mr. Stan Thompson of 1414 9th Avenue North stated. that he
felt he could speak for everyone in the apartment complex (13 y
families) in that they are totally in favor of the variance. The
public portion of the hearing was closed.
Mr. Bailey inquired as to the nature of the business to be conduct-
ed in this building. Mr. VanDriel stated that the building was
approximately 4,500 square feet on the bottom floor. Of that por-
tion, there will be different offices in the building. One of the
offices will be a real estate office, a proposed ins.urance office
and there presently is 1,500 square feet of unleased space. Mr.
Bailey asked Mr. Van Oriel if he anticipated a lot of traffic in
and out of the building. Mr. VanDriel stated that since one of
the offices will be his business, he would just as soon not have
a lot of traffic. Mrs. Derleth inquired as to whether Mr. VanDriel
had considered making the building slightly smaller in order to be
within the setbacks. Mr. VanDiiel stated that this had been con-
sidered, but it would cut down on the square footage of the build-
ing quite drastically and it would not make the project feasible.
A discussion ensued regarding the proposed right -of. -way. Mrs. Der-
leth stated that it could probably be assumed that they will use
it as a right-of-way. Mr. Leraas asked City Attorney Wayne Tanaka
whether the Board could make a determination on the new boundary
line before the state actually acquires the property for the right-
of-way. Mr. Tanaka stated that the Board could, in fact, make
this determination. If they set back from the actual existing
EDMONDS BOARD OF ADJUSTMENT
Page 4- October 9, 1978
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right-of-way and later on want to widen the street, the build-
ings will be too close. The buildings are required to set back
from the proposal. Mr. Tanaka went on to say that the Board can
decide now as to where the setbacks will be and the setbacks have
to be measured from the proposed right-of-way. There was no fur-
ther discussion. MR. HATZENBUHLER MOVED,,SECONDED'BY MR, LERAAS
TO APPROVE V40-78 IN THAT 'IT MEETS THE CRITERIA, IT IS AMINIMUM
,
VARIANCE, AND IT WAS,,NOT .BROUGHT ABOUT• BY; ANY DOING OF,<THE PROPER
OWNER. FURTHERMORE,:,IT:1S NOT INJURIOUS T0� THE HEALTH, WELFAREYAN
SAFETY OF THE NEIGHBORHOOO..;ALL•.MEMBERS. VOTED IN FAVOR•OF'..THISM
TION WITH THE EXCEPTION`OF MRS: NO
DERLETH WHO VOTED:,:::•MOTION CAP
There was no further business to be brought before the Board and
the meeting adjourned at 8:10 P.M.
EDMONDS BOARD OF ADJUSTMENT
Page -3- October 9, 1978
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