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PLN200400101 Staff Report.pdfInc.is911 Date: CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website: www.uedmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering Letter of Transmittal September 28, 2004 To: Ballinger Court Senior Apartments ATTN: Peter Frame / Pat Carroll PO Box 60 Lynnwood, WA 98046 Subject: LL-04-101 Transmitting Lot Line Adjustment Staff Report For Your Information: X As you requested: For your file: Comment: Note attachments: X Sincerely, GARY HAAKENSON MAYOR Diane Cunningham, Administrative Assistant • Incorporated August 11, 1890 • 1 T 1-S REVIEW OF A PROPOSED LOT LINE ADJUSTMENT FILE # LL-04-101 CONTACT PERSON/AGENT Peter Frame or Pat Carroll, Ballinger Court Associates L.P. PROPERTY OWNEWAPPLICANT Ballinger Court Associates L.P. PROPERTY LOCATION 22717 — 76th Avenue W. and 22727 — 76th Avenue W. PROJECT DESCRIPTION Lot line adjustment to combine lots to allow for the development of the Ballinger Court Senior Apartments. A. ANALYSIS OF DESIGN: 1. Number of Lots Involved: 2 adjacent lots 2. Lot Area: a. Minimum lot area required for RM-1.5 zone: 1,500 square feet per dwelling unit b. Minimum lot width required for RM-1.5 zone: None c. Number of corner lots: None 3. Topographical Consideration: The subject property is relatively level, except for the swale where the drainage course cuts across, which is being rerouted. The highest point is along 76 h Avenue W. There is no particular topographical consideration driving the lot line adjustment. 4. Fla2 Lot Determination: Neither of the lots are considered flag lots. 5. 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. 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. Neither lot has a structure on them, so no setbacks are affected. c. Lot line adjustments are not allowed if they reduce the lot width or lot size below the minimum required for the applicable zone. The Multi -Residential zone has no required lot width and the minimum lot size is not given, but 1,500 square feet is required for a dwelling unit. The proposal results in a lot that is 78,117 square feet in size, and 258 feet wide, which is acceptable. 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, which this proposal does not. 6. Comprehensive Plan: The proposal meets the intent of the Comprehensive Plan. LL-04-101.doc 7. Access: The access for the property is from 76`h Avenue W. B. ENVIRONMENTAL ASSESSMENT: 1. SEPA Determination: 2. Shoreline Master Program: 3. Critical Area Determination: Not Required Exempt From Shoreline Master Program permits. CA-1994-89 and CA-2004-24: Waiver from the requirement to conduct a Critical Areas study. C. REQUIRED IMPROVEMENTS AND DEDICATIONS: The Engineering Division has reviewed the application and is not requiring any improvements or dedications. D. DECISION: Approved with the following conditions: 1. On the map to be recorded, please make the following revisions: a. Provide the total area of the combined lots. b. Update the year in the City Approval block from 2003 to 2004. C. Fill in LL-04-101 as the Lot Line Adjustment number 2. Provide documentation on who is authorized to sign for the owners, given in the title report as Adult Family Development LLC. 3. If the ownership of the land has changed, please provide an updated title report documenting that change. 4. Submit the revised map and required documents to the City of Edmonds' Planning Division for review prior to recording. Documents must have the city's approval before they can be recorded. 5. The applicant must record the approved documents with Snohomish County Auditor's office. 6. After recording, provide the City of Edmonds Planning Division with two 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. E. ATTACHMENTS: 1. Vicinity / Zoning Map 2. Application 3. Proposed Boundary Line Adjustment Map I have reviewed the application for lot line adjustment pursuant to Chapters 20.75 and 20.95 of the Edmonds Community Development Code. This application for Lot Line Adjustment is complete. Meg Senior Planner )er 27, 2004 Date LL-04-101.doc 2 RECONSIDERATION OF DECISION A request for reconsideration or clarification of this decision may be made by filing a letter with the Planning Department within ten (10) working days of the date of decision. 01 Be ti M 10 111will U 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. Once the staff has issued his/her decision on the reconsideration request, the time clock for filing an appeal continued 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 LL-04-101.doc city of e• •, ;. application 0 ARCHITECTURAL DESIGN REVIEW 0 COMPREHENSIVE PLAN AMENDMENT 0 CONDITIONAL USE PERMIT 0 HOME OCCUPATION 0 FORMAL SUBDIVISION 0 SHORT SUBDIVISION 41 LOT LINE ADJUSTMENT 0 PLANNED RESIDENTIAL DEVELOPMENT 0 OFFICIAL STREET MAP AMENDMENT 0 STREET VACATION 0 REZONE 0 SHORELINE PERMIT 0 VARIANCE / REASONABLE USE EXCEPTION 0 OTHER: PROPERTY ADDRESS OR LOCATION PROJECT NAME (IF APPLICABLE) _ FILE # - O 'Ho t ' ZONE , DATE REC'DBYl�_��� FEE ✓ RECEIPT # HEARING DATE 0 HE XSTAFF 0 PB 6 Q • PROPERTY OWNER ink,/! ii'�ln".✓[ fy� OG� " ' PHONNE # 3 Oa,;:3— ADDRESS YDi� E-MAIL ADDRESS FAX # �' `T4.3 — 3 8 4 tee 2,tZ-7 C, TAX ACCOUNT # 0 9 019.5' SEC. Z ` TWP. Z RNG. DESCRIPTION OF PROJECT R PROPOSED USE APPLICANT i ADDRESS S E-MAIL ADDRESS CONTACT PERSON/AGENT ADDRESS ol'Vti �✓ FAX # Sd,4, L PHONE # E-MAIL ADDRESS FAX #�`� The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the informat' d exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to e khis pWicati9x-y-g-?fh� ehalf of the owner as listed below. SIGNATURE OF APPLICANT/AGENT PropertyOwner's Authorization By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for e pu 'c officA and the staff of the City of Edmonds to enter the subject property for the purposes of ' s =ction tt d t to this application. SIGNATURE OF OWN E DATE This appVicatiofi form was revised on 1/27/00. To verify whether it is still current, call (425) 771-0220. L:\L113RARY\PLANN1NG\Fomis & HandoutsTublic Handouts\Land Use Application.doc ATTACHMENT 2 "Id T T -127 A Pe "RTION OF TME S.W.1/4 S.W.' /4f SEO .29f rl R ft ................. U N'C"i'TON b U_r `OMISH 0"UNTY, WASHI I/ FND LS#1 1 30' 1 FIND MONUMENT IN CASE ---,,,, 12-11-03 30 129 31 _32 CERTIFICATION: 1, JAMES E. SULLIVAN, AS PRESIDENT OF THE SENIOR HOUSING ASSISTANCE CORPORATION, THE GENERAL PARTNER OF, THE OWNER OF FEE SIMPLE OF THE LAND HEREIN DESCRIBED, DO HEREBY MAKE A BOUNDARY LINE CONSOLIDATION AND DECLARE THE BOUNDARY LINE CONSOLIDATION TO BE THE GRAPHIC REPRESENTATION OF SAME, BY: BALLINGER COURT ASSOCIATES LIMITED PARTNERSHIP, A WASHINGTON GENERAL PARTNERSHIP. BY; SENIOR HOUSING ASSISTANCE CORPORATION, INC,, ITS MANAGER. A WASHINGTON CORPORATION. WITNESS WHEREAT I HAVE SET MY HAND AND SEAL A M ES MES E.SULLIVAN; PRESIDENT STATE OF WASHINGTON ) COUNTY OF SNOHOMISH ON THIS DAY APPEARED BEFORE ME MR. JAMES E. SULLIVAN TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED IN AND WHO EXECUTED THE FORGOING INSTRUMENT AND ACKNOWLEDGED TO THAT HE SIGNED AND SEALED THE SAME AS HIS OWN FREE AN VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES MENTIONED HEREIN, MM OSZ.."., N55 GIVEN UND Y HAND AND OFFICIAL DAY D,�� _2900-$1- _? ION, xrqe,� 51 0Af J Q:)Jfd� *GTAIJ .0 PRINT JAW( - 2 NOTARY PUBLIC IN AND FOR THE STA SHINGTON, RESIDING. A A.. 0 MY COMMISSION EXPIRES As VVAS tx1. BUILDING OQ�; h, A I �Z Ln FND REBAR & CAP IA 0 25 50 100 M Sol :1 GRAPHIC SCALE ( IN FEET ) 1 inch = 50 ft. ORIGINAL LEGAL DESCRIPTION PARCEL A: PARCEL A: THE NORTH 129.5 FEET OF THE SOUTH 272.5 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 30 FEET FOR ROAD, LS#9891 ORIGINAL LEGAL DESCRIPTION PARCEL B: 30' PARCEL B: 77 WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST ­5 QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 4 27 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 272.5 FEET THEREOF; AND EXCEPT THE NORTH 264 FEET THEREOF; AND EXCEPT THE WEST 30 FEET FOR ROAD; SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON, M 'AS UMENT MONUMENT CASE T LEGAL DESCRIPTION AFTER CONSOLIDATION. J#CKIE H. SIEBER 1, P.L.S. L.S. NO. 14490 STATE OF WASHINGTON'.. MANAGER • RECORDS sk. W, ME CITY APPROVAL: S/ Tri-County APPROVED AND AUTHOMZED FOR RECORDING BY THE CITY I \� - , LOT LINE ADJUSTMENT No. Land Surveying Company OF EDMONDS PLANNING DiViS;ON, 4610 2OMh St. &W, Suite A 'V`T\f 3V EDMYZZ U�� UKE Lynnwood, Wa. 98036 (425)176-2926 Fax.,776-2850 CO "N BY "'VENANT CONSTRUCTIO QI sTf.,?- DATE: JUNE2004 Tfils ------DAY OF --,------------a 2003. 1 - DRAWN BY: AJ5 J013 No. 03-122 S.W.V4,S.W.1/4, SEC .29, T.27N., R.4E., W.M. L L RES 111/14 EXFl CHECKED BY; AJS SCALE 4 1 `=50' 5HEET No. I Of I SNOHOMISH COUNTY, WASHINGTON j QQ i'k114 'L 4 2 tA ATTACHMENT 3 kl.. I.