PLN20160002 staff decision with attachments.pdf,nC. I S9V
CITY OF EDMONDS
1215th Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.sov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
PLANNING DIVISION PRELIMINARY REVIEW
FINDINGS, CONCLUSIONS and DECISION
Project: McGinness - McGinness Lot Line Adjustment
File Number: PLN20160002
Date of Report: April 29, 2016
Reviewed By: &mot,
e4r--tc-
Mike Clugston, AICP
Associate Planner
I. INTRODUCTION
The purpose of this lot line adjustment is to move the boundary line between Lots 3 & 4
of S-8-80. The proposal seeks to send the west half of Lot 4 to Lot 3 while the remainder
of Lot 4 will be a separate building lot to be purchased by the owners of 315 8th Ave. N
to the east. The proposal will bring the parcel boundaries into alignment with the
current ownership pattern which was established through deed transfers and tax
segregation at Snohomish County.
II. FINDINGS AND CONCLUSIONS
A. GENERAL INFORMATION
1. Request: Lot line adjustment
2. Review Process: A lot line adjustment is a Type I decision pursuant to ECDC
20.01.003. The director reviews the project and issues an administrative
decision pursuant to ECDC 20.75.050.C.
3. Owners:
a. Robert McGinness (east half of Lot 4 of S-8-80 — also known as 738 Sprague
Street, Tax ID 00434208501400, and City of Edmonds Plat Lots 14 & 15 of
Block 85)
b. Jay and Karolyn McGinness (Lot 3 and west half of Lot 4 of S-8-80 — also
known as 734 and 736 Sprague Street, Tax IDs 00434208501000 &
00434208501200, and City of Edmonds Plat Lots 10-13 of Block 85)
4. Contact: Robert McGinness
5. Location: Sprague Street
6. Zoning: Residential Single Family (RS-6)
7. Access: Lots 3 and 4 of S-8-80 take access from Sprague Street
8. Dedications: No dedication of land is required by the City Engineer with the
proposed lot line adjustment.
9. Improvements: No improvements are required by the City Engineer with the
proposed lot line adjustment.
B. SEPA THRESHOLD DETERMINATION
State Environmental Policy Act (SEPA) review is not required for lot line adjustments
per WAC 197-11-800(6).
C. TECHNICAL COMMITTEE
In addition to the Planning Division, this application was reviewed by Fire District #1
and the City's Engineering Division. The Fire District and had no comments and
Engineering had no comments on the proposal and indicated it was consistent with
the requirements of Title 18 ECDC. (Attachment 4)
D. NEIGHBORHOOD CHARACTERISTICS
The project is located just east of downtown Edmonds. The subject parcels are
zoned Residential Single Family (RS-6) as are the rest of the parcels in the immediate
vicinity and developed accordingly with single family residences and appurtenances.
E. COMPREHENSIVE PLAN COMPLIANCE
The Comprehensive Plan designation for this site is "Single Family— Urban 1" within
the Downtown -Waterfront Activity Center overlay. The existing designation will not
change as a result of this project. The current proposal meets the intent of the
Comprehensive Plan.
F. ZONING CODE (ECDC 16.20)
1. Lot Area: The minimum lot area in the RS-6 zone is 6,000 square feet.
2. Lot Width: The minimum lot width in the RS-6 zone is 60 feet.
3. Setbacks: RS-6 setbacks are: 20' from street property lines; 5' from side
property lines; and 15' from rear property lines.
G. ENVIRONMENTAL SETTING
The general area slopes down southeast -northwest toward Puget Sound. Critical
area checklists have not been completed for the subject parcels. Any critical areas
that are present on the site will not be affected by the proposed lot line adjustment.
Page 2 of 5
H. LOT LINE ADJUSTMENT COMPLIANCE ECDC (ECDC 20.75.050)
A lot line adjustment shall be approved unless the proposed adjustment will:
1. Create a new lot, tract, parcel, site, or division;
The proposal will not create a new lot, tract, parcel, site, or division. The
proposal is to send 6,600+/- sq. ft. of land from one existing, developed parcel
(Lot 4 of S-8-80) to another Lot 3 of S-8-80 — see Attachment 3.
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;
The proposal will not reduce the setbacks of existing structures or make existing
structures more nonconforming. The revised lot line location between New Lots
1 & 2 will maintain the required 5' minimum side setback for the existing house
and detached garage (Attachment 3). The existing nonconforming street setback
for the house on Lot 3 will not be changed by this proposal nor will there be any
impact to the setbacks of the sports court.
3. Reduce the lot width or lot size below the minimum required for the applicable
zone,
New Lots 1 & 2 will continue to meet the lot width and area requirements for
the RS-6 zone (Attachment 3).
4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot,
tract, parcel, site or division,
Both lots are currently buildable and will remain so after the adjustment.
5. Would otherwise result in a lot which is in violation of any requirement of the
ECDC.
There is no indication that this proposal is in violation of the Edmonds
Community Development Code. Both lots meet the minimum lot size and width
requirements for the RS-6 zone and minimum setbacks on either side of the
altered lot line will be maintained. Because the owners of the lot to the east
(315 8th Ave. N) will be buying New Lot 2, the detached garage may remain in
accordance with ECDC 17.60.040.F which states: "The storage of any vehicle on
any residentially zoned property which does not have a dwelling unit is prohibited
unless the property is adjacent to a property with a dwelling unit owned by the
same person. Vehicles shall be registered to that specific dwelling unit."
III. DECISION
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 in Attachment 2, is APPROVED with the following conditions:
Page 3 of 5
1. Prior to submitting survey documents to the Planning Division for final review
and approval, please make the following changes:
a. Verify that all references to the City's lot line adjustment file use
PLN20160002.
b. Add language "Zoning RS-6" to Sheet 1.
c. Add language "Approval" block to Sheet 1 stating "Approved and authorized
for recording by the City of Edmonds Planning Division by: This
Day of , 2016."
d. Ensure that all documents to be recorded meet the Snohomish County
Auditor's requirements for recording. These requirements include, but are
not limited to, minimum margin requirements, providing original signatures
in black ink, and determining any tax liabilities with the County Treasurer.
2. After the above changes have been made, submit the revised and owned -
endorsed survey documents to the Planning Division for final review.
3. Once final approval has been issued by the City, the applicant must take the
documents to the Snohomish County Auditor's Office for recording.
4. After recording the lot line adjustment, the applicant must provide the Planning
Division with one paper (1) copy of the recorded documents (with the recording
number shown).
5. New deeds must be filed for each of the parcels with Snohomish County, as
appropriate. The County may not consider the lot line adjustment to be
complete until this is done.
IV. APPEALS
Type I permit decisions may be appealed by a party of record to Snohomish County
Superior Court within 21 days of the date of the decision pursuant to ECDC 20.07.006.
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
Robert McGinness Jay & Karolyn McGinness
2117 N. 107th St. #403 736 Sprague Street
Seattle, WA 98113 Edmonds, WA 98020
Planning Division
Page 4 of 5
VII. INTERESTED PARTIES
Nancy Mills and Laurie Sorenson
315 8th Ave. N
Edmonds, WA 98020
VIII. ATTACHMENTS
1. Short plat map S-8-80
2. Aerial photo
3. Survey showing proposed lot line adjustment (preliminary)
4. Engineering and Fire comments
5. Land use applications and cover letter
Page 5 of 5
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Date:
To:
From:
Subject:
MEMORANDUM
April 26, 2016
Mike Clugston, Associate Planner
Jeanie McConnell, Engineering Program Manager
PLN20160002, McGinness — Lot Line Adjustment
736 Sprague
Engineering has reviewed the lot line adjustment application for the McGinness property at
736 — Sprague Street. The information provided is consistent with Title 18 Edmonds
Community Development Code & Engineering standards.
Thank you.
City of Edmonds
Attachment 4
P LN2016002
C
❑ PW-Engineering
OF EDMONDS — PLANNING DIVE )N
COMMENT FORM
❑ Fire ❑ PW - Maintenance ❑ Parks & Rec. ❑ Building
❑ Economic Dev. ❑ Parks Maintenance
Project Number: PLN20160002
Applicant's Name: ROBERT McGINNESS
Property Location: 736 SPRAGUE ST
Date of Application: 02.05.16 Date Form Routed: 02.10.16
Zoning: RS-6
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 2/26/2016
If you have any questions or need clarification on this project, please contact:
Responsible Staff: MIKE CLUGSTON Ext. 1330
Name of Individual Submittin C
Title: Ar_ 7Y�
111 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.
9
'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:
(, l
City of Edmonds
Land Use Application
Eii
DPP 25 2u I D
0EVELOPh EIJT SERVICES
MAJlik[TCn
❑ ARCHITECTURAL DESIGN REVIEW
❑ COMPREHENSIVE PLAN AMENDMENT (/v20 c
❑ CONDITIONAL USE PERMIT FILE # �/�ZONE
ONE ) `
❑ HOME OCCUPATION DATE 2 6 REC'D BY - L�
❑ FORMAL SUBDIVISION
❑ SHORT SUBDIVISION FEE ^ RECEIPT #
X LOT LINE ADJUSTMENT HEARING DATE
❑ PLANNED RESIDENTIAL DEVELOPMENT
❑ OFFICIAL STREET MAP AMENDMENT El HE (STAFF El PB El ADB El CC
❑ STREET VACATION
❑ REZONE
❑ SHORELINE PERMIT
❑ VARIANCE / REASONABLE USE EXCEPTION
❑ OTHER:
• PLEASE NOTE T/IATALLINFORMATIONCONTAINED *7TIMV TAEAPPLICATIONISSAPPVNLICRECORD •
PROPERTY ADDRESSOR LOCATION �.7r�n�1� SI IY� iidlJ�A %+� Gr--l�y� Zii�1YfU�J �V
PROJECT NAME (IF APPLICABLE) �@ `
PROPERTY OWNER il�rt IIA (�Ini4P55- PHONE# %2—/3lrf " t a
ADDRESS ��Z A) . In 7 S-( 4e'3 � � WA 7 ��' i 3
E-MAIL b, M L} ! Y1�S 1�/FAX # �✓
TAX ACCOUNT # e9C `! 5 �8 `�/� - CO it ) /¢0T-> SEC. 2-4- TWP. 2 RNG. `
DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) t/ r e- 1
S- s 11 It r S & my
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DESCRIBE HU1V Tfi . PROJECT MEETS APPLICABLE CbDES (ATTACH COVER LETTER AS NECESSARY) _ e CSP -0
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APPLICANT 'Faie r -I- A - M -6 I nV05 PHONE # 2a 6 -- 3 F.1- r,? _�t —
ADDRESS �� L_ 7 /V 167 4-4 �5A f0C 3 121:Z- '� � `1 12
E-MAIL �n �i1_ _ _ r ,() 04 L14 FAX #
CONTACT PEERS'O'N-/_AGEENT� l ,,OUP PHONE #
ADDRESS
E-MAIL - - 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 informatio exhibits herewith submitted are true and correct to the best of my knowledge
and that I am authorized to file this applicat' n e behal of the owner as listed below. /
SIGNATURE OF APPLICANT/A // DATE ` f ZV -' i 6
Property Owner's Authorization
I, Imo 1) er F Wi `G<riANSs t 5 .?V1 `�;`/rj�ferlify under the penalty of perjury under the laws of th
Washington that the following a true and correct statement: I have authorized the above ApplicanUAgent to apl Atte
subject land use application, an grant my permission for the public officials and the staff of the City of Edmonds ti P LP
subject property for the purposed d tion and Raslin •allendant to this application.
SIGNATURE OF OWNER // ol/GG DATE 2
t ucs -ons? Call (425) 771 0 20.
J
ichment 5
12016002
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City of Edmonds
Land Use Application
1-1
❑ ARCHITECTURAL DESIGN REVIEW ==tAA32M= [ICOMPREHENSIVE PLAN AMENDMENT FILE # t✓NL°1 ZONE S— 6
❑ CONDITIONAL USE PERMIT FILE
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❑ HOME OCCUPATION DATE Zk- t U/ REC'D BY S ' r\
❑ FORMAL SUBDIVISION p �tl
❑ SHORT SUBDIVISION FEE 0 RECEIPT#
L LOT LINE ADJUSTMENT HEARING DATE
❑ PLANNED RESIDENTIAL DEVELOPMENT
❑ OFFICIAL STREET MAP AMENDMENT ❑ HE AFF ❑ PB [I ADB ❑ CC
❑ STREET VACATION
❑ REZONE RECEIVE
❑ SHORELINE PERMIT
❑ VARIANCE / REASONABLE USE EXCEPTION
❑ OTHER: LJ 2616
• PLEASE NOTE THATALLMFORMATIONCONTAINEDWITHINTHEAPPLICATIONISAWE&& BMW SER
PROPERTY ADDRESS OR LOCATION Sprague St between 7th and 8th Ave Edmonds WA COUNTER
PROJECT NAME (IF APPLICABLE)
PROPERTY OWNER Robert M McGinness PHONE # 206-361-1982
ADDRESS 2117 N. 107th St Seattle, WA 98133
E-MAIL hhmcgin@msn.com FAX #
TAX ACCOUNT # 00434208501400 SEC.24 TWP. 27 N RNG_ 3E
DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) The Lot Line Adjustment is
needed to officially divide lot 4 of Short Subdivision, file #4956B, into 2 separate parcels: lots 12&13 and lots 14&15. The lots have
been Quit Claimed over the years and are now separately owned. See attached.
DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) The lots meet all
zoning requirements for size width etc and code setbacks.
APPLICANT Robert M McGinness PHONE # 206-361-1982
ADDRESS 2117 N. 107th St. Seattle, WA 98133
E-MAIL hhmrgin ((Mmsn com _ FAX #
CONTACT PERSON/AGENT Same as above PHONE # Same as above
ADDRESS
E-MAIL 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 information and exhibits herewith submitted arc true and correct to the best of my knowledge
and that I am authorized to file this application on t1Ac behhallff oof�the owner as listed below.
SIGNATURE OF APPLICANT/AGG/�iC!/G( , "�i1� DATE
Property Owner's Authorization
I, Re! �>t 4 i'11 tO ' 1, i ot✓I EIS i certify under the penalty of perjury under the laws of the State of
Washington that the following is a true and correct statement: I have authorized the above Applicant/Agent to apply for the
subject land use application, and gran my permission for the public officials and the staff of the City of Edmonds to enter the
subject property for the purposes of ins ction d pos mg attendant to this application,
SIGNATURE OF OWN( l.1//%/Z(� LL1! DATE 4Z /
Questions? Call (425) 771-0220.
CES
Revised on 8122112 B - Land Use Application rage r or i
A Brief History of Lots 14 and 15
Lots 6 through 15 of Block 85, City of Edmonds, have been in the McGinness' family
since the mid 1950's, when my Father, Sproule, purchased the land from Gunnard Swanson.
The land was originally used as a pasture for the family horse, until 1980 when my
Father had it Short Subdivided into 4 building lots, with lot #4 being a double lot, composed of
lots 12, 13, 14 and 15.
In 1982, Dad Quit Claim Deeded lot #4 to my brother, Jay, upon which to build his
family home. Because lots 10 and 11 were much better suited for a yard, being level and
cleared, as opposed to lots 14 and 15 which were on a steep incline and wooded, Jay deeded
lots 14 and 15 back to Dad, and in turn, Dad deeded lots 10 and 11 to Jay.
As part of an Estate plan, in 1998, Dad deeded lots 6,7,8,9,14 and 15, along with other
properties, to McGinness Properties Llc, a property management company with my brother,
Jay, sister, Lorelee, and me as general partners.
In 2007, after my Father's passing and the Estate was divided up, McGinness Properties
gave me a Quit Claim Deed to lots 14 and 15 for my share of the Estate. At that time it was
given the Tax Parcel Number 00434208501400.
1 am currently in the process of selling my lots, 14 and 15, to the neighbors and owners
of the adjacent lots, 16, 17, 18, 19 and 20, as it makes a nice adjunct to their yard, for both
landscaping and privacy purposes.
In order to complete the sale, however, the title company, First American Title, needs to
have lots 14 and 15 officially segregated from the Short Subdivision lot #4, and suggests I get a
Lot Line Adjustment to accomplish this. I then talked with your Planner, Michael Clugston, and
he concurred that this would be the best way to go. So this is what I am hoping to accomplish.
Thank you,,,
�7 Y
Robert McGinness