Loading...
S-05-110 Staff Report.pdfCITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION FINDINGS, CONCLUSIONS, AND DECISION To: File S-05-110 From: er Witzgall, P Date: November 8, 2005 File: S-05-110 Applieant: Lane Himmelman TABLE OF CONTENTS Section Page 1. INTRODUCTION...............................................................................................................2 A. Application.......................................................................................................................................2 B. Decision on Subdivision .... :.............................................................................................................. 2 II. FINDINGS OF FACT AND CONCLUSIONS...................................................................3 A. Compliance with the Subdivision Ordinance.................................................................................... 3 B. Compliance with the Comprehensive Plan........................................................................................ 6 C. Compliance with the Zoning Code....................................................................................................6 D. Compliance with the Flood Plain Management Provisions...............................................................6 E. Environmental Assessment............................................................................................................... 6 F. Critical Areas Review....................................................................................:.................................. 7 G. Comments......................................................................................................................................... 7 111. RECONSIDERATIONS AND APPEALS..........................................................................7 A. Request for Reconsideration............................................................................................................. 7 B. Appeals............................................................................................................................................. 7 C. Time Limits for Reconsideration and Appeals.................................................................................. 7 IV. LAPSE OF APPROVAL.....................................................................................................7 V. NOTICE TO COUNTY ASSESSOR..................................................................................8 VI. APPENDICES..................................................................................................................... 8 VII. PARTIES OF RECORD......................................................................................................8 Lane Himmelman File No. S-05-110 Page 2 of 8 I. INTRODUCTION The applicant is proposing to subdivide one lot addressed as 8506 — 184' Street SW into four lots (Attachment 1). See the Zoning and Vicinity Map for reference (Attachment 2). The site is located in a single-family residential (RS -10) zone that allows lots with a minimum area of 10,000 square feet. The proposed lot layout is shown on the subdivision map (Attachment 3). All existing structures are to be removed. A. Application 1. Applicant: Lane Himmelman 2. Site Location: 8506 — 184`h Street SW (see Attachment 2). 3. Request: To divide one lot with a total area of 1.069 acres into four lots in a Single -Family Residential (RS -10) zone (see Attachment 3). 4. Review Process: Following the Comment Period, Planning Staff makes an administrative decision. 5. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Section 16.20.030, site development standards for the RS -10 zone. b. Compliance with Edmonds Community Development Code (ECDC) Title 18, public works requirements. c. Compliance with Edmonds Community Development Code (ECDC) Section 20.75, subdivision requirements. d. Compliance with Edmonds Community Development Code (ECDC) Section 20.95, staff review requirements. Note: All code sections referenced in this report can be viewed via the City's website at www.ci.edmonds.wa.us. B. Decision on Subdivision Based upon the Findings of Fact and Conclusions, and Attachments submitted with the application and during the comment period, the following is the decision of the City of Edmonds Planning Division: The subdivision as proposed is APPROVED with the following conditions: 1. Prior to recording, the applicant must complete the following requirements: a) Civil plans must be approved prior to recording. In completing the civil plans, you must address the following: (1) Complete the Engineering Division conditions listed "Required prior to Recording" on Attachment 4. b) The existing house and all existing accessory structures must be removed. c) The survey shows that there is an encroachment onto the subject property where the carport on the property to the east intrudes upon the subject property. This can be dealt with in one of the following ways: (1) An agreement can be made with the property owner of the carport to remove the portion of the carport that is encroaching onto the subject property; or (2) A lot line adjustment can be made to clear the title where the carport intrudes upon the subject property. The lot line adjustment must be recorded prior to obtaining final approval of the subdivision documents for recording. Note that the lots may have to be adjusted once the property has been transferred to the neighbor to insure that the lots do not go below the required 10,000 square foot minimum lot size. Also note that the Lane Himmelman File No. S-05-110 Page 3 of & subdivision documents will need to be modified to reflect the lot line adjustment. d) Make the following revisions to the plat: (1) If structures are to be shown on the plat, note on the plat that the existing garage and shed are to be removed in addition to the existing house. (2) Add a north arrow to the plat. (3) Include the bearings of all proposed property line segments on the plat. (4) Label the utility easement running west to east along the southern portion of Lot 2 and the northern portions of Lots 3 and 4. (5) If setbacks are to be included on the plat, revise the plat as follows: (a) Have all setback lines reflect the current minimum setback requirements for the RS -10 zone: 25' street setback, 10' side setback, and 20' rear setback. Note that Lots 2, 3, and 4 only have to meet the side setback from all property lines. (b) Add the following statement to the face of the Plat: "Setbacks shown are for reference only and vest no right." (6) Provide the following information regarding Tract A (access tract): (a) Who will own it? (b) How will it be maintained? (7) Add to the face of the Plat: "Conditions of approval must be met and can be found in the final approval for the short subdivision located in File S-05-110 in the City of Edmonds Planning Division." (8) Include on the plat all required information, including owner's certification, hold harmless agreement, and staff's approval block. e) Make sure all documents to be recorded meet the Snohomish County Auditor's requirements for recording, including all signatures in black ink. f) Submit copies of the documents to be recorded for the Planning Division and Engineering Division's approval. Once approved, the applicant must record the documents with Snohomish County Auditor's office. g) Submit an updated copy of the title report (short plat certificate) with the documents proposed to be recorded. 2. After recording the plat, the applicant must complete the following: a) Provide the City Planning Division with two copies of the recorded plat, with the recording number written on them. The City will not consider the subdivision to have been completed until this is done. b) Complete the Engineering Division conditions listed "Required with Building Permit" on Attachment 4. II. FINDINGS OF FACT. AND CONCLUSIONS A. Compliance with the Subdivision Ordinance 1. Introduction a. Setting: The subject property at 8506 —184' Street SW is located in the Single -Family Residential (RS -10) zone (Attachment 2). The surrounding properties are also zoned RS -10 and are developed with single-family residences. b. Tonography and Vegetation: The site is generally flat where the existing house is located. The remainder of the site slopes downward from the southeast portion to the northwest portion. The north half of the site is Lane Himmelman File No, S-05-110 Page 4 of 8 not formally landscaped. This portion of the site is relatively overgrown with blackberries and other wild shrubs and grasses. The south half of the site has more typical residential landscaping, as there is a grass lawn surrounding the existing house. There are several large trees on the site, which are mostly fir and cedar. There are also a few pine, hemlock, yew, and maple trees. The trees are generally located along the eastern property line on the northern half of the site and near the southern property line. Lot Layout: The proposed lot layout is shown on the subdivision map (Attachment 3). Lot 1 will be created adjacent to 180 Street SW, Lot 2 will be created to the south of Lot 1, and Lots 3 and 4 will be created to the south of Lot 2. A private drive will be created along the east side of the.original parcel to provide access to all proposed lots. Notes on the plat indicate that the existing house will be removed. Since no accessory structures are permitted to be located on a lot without a primary structure, the existing detached garage and shed must also be removed. 2. Environmental Resources a. The subdivision chapter, ECDC 20.75.085, states that a proposed subdivision should be designed to minimize significant adverse impacts where environmental resources exist (such as trees, streams, ravines, or wildlife habitats). The existing trees on the site are considered to be environmental resources. The applicant has indicated plans to retain the trees along the southern boundary of the site; however, many of the other trees on the site are within the footprint of the proposed private drive and will need to be removed. There are no other apparent environmental resources on this site. b. The proposal minimizes grading because the site is relatively level. C. No hazardous conditions, such as flood plains, steep slopes, or unstable soil or geologic conditions exist at this site. d. A drainage plan must be submitted to the Engineering Department when a building permit is applied for on this site. Any proposed development on the site must be designed to code, in order to minimize off-site impacts on drainage. All new impervious surfaces must be connected to a detention system. Many views in this location appear to be local; however, there are some views in this location that extend north towards Puget Sound. Views extending towards Puget Sound from a few properties located south of the subject property may be blocked as the subject property is developed. 3. Lot and Street Layout. a. This criteria requires staff to find that the proposed subdivision is consistent with the dimensional requirements of the zoning ordinance and that the lots would ultimately be buildable. Based on a review of the project and the analysis in this section, staff agrees that a four lot short -plat is a reasonable use of the property. b. Lot sizes and dimensions: Lot Area: Required Lot Area Proposed Gross sq. ft Proposed Nets . ft Lot 1 10,000 10,394 10,394 Lot 2 10,000 10,085 10,085 Lot 3 10,000 10,598 10,598 Lot 4 10,000 10,173 10,173 Lane Himmelman File No. S -05-I to Page 5 of 8 Lot Width: The required lot width in the RS -10 zone is 75 feet. The proposed lots meet this requirement. 4. Setbacks and Lot Coverage a. In order to approve a subdivision, the proposal must meet all requirements of the zoning ordinance, or a modification must be approved. Based on the development standards for the RS -10 zone, setbacks for the lots should be as follows: Lot 1: Street Setback (25 feet) Side Setbacks (10 feet): Rear Setback (20 feet): Lot 2: Side Setbacks (10 feet): Lot 3: Side Setbacks (10 feet): Lot 4: Side Setbacks (10 feet): From the north property line (184'' Street SW). From the east and west property lines. From the south property line. From all property lines. From all property lines. From all property lines. Existing Structures 1 Encroachments: The existing house on the property is proposed to be removed. There is an existing detached garage located southwest of the house and an existing shed located south of the garage. Since a lot cannot contain an accessory structure without a primary structure, and the garage and shed would be the only buildings on proposed Lot 3, they both must be removed prior to the final subdivision approval. The survey shows that the carport connected to the attached garage on the property located to the east of the subject property (addressed as 18503 — W' Avenue West) encroaches onto proposed Lot 4. According to Snohomish County Assessor's records, the house was constructed in 1965. A building permit for a detached garage was issued by the City in 1997; however, the carport was not a part of this permit and is connected to the attached garage, not the detached garage that received this permit. The Snohomish County Assessor's records include the attached and detached garages as well as the carport. Therefore, the City cannot conclusively determine that the carport was constructed illegally. According to the City Attorney, the burden of establishing a nonconforming right is on the property owner. This matter will have to be dealt with by either removing the portion of the carport that encroaches onto the subject property or by performing a lot line adjustment. This has been included as a condition of approval. b. Corner Lots: None of the lots are considered corner lots. C. FIag or Interior lot determination: Lots 2, 3, and 4 are flag lots. d. Lot Coverage of Existing Buildings on Proposed Lots: 1.) 35% maximum lot coverage is allowed in the RS -10 zone. 2.) Since all existing structures are to be removed prior to final subdivision approval, all proposed lots will have a zero percent lot coverage. Any future buildings or structures will be allowed to cover no more than 35% of each lot. 5. Dedications a. A 10 -Foot wide street dedication is required along the northern portion of the original parcel, per City Engineer's Requirements (Attachment 4). 6. Improvements a. See Engineering Requirements (Attachment 4). Lane Himmelman File No, S-05-116 Page 6 of 8 7. Flood Plain Management a. This project is not in a FEMA designated Flood Plain. B. Compliance with the Comprehensive Plan 1. Comprehensive Plan Goals and Policies: The Comprehensive Plan has the following stated goals and policies for Residential Development that apply to this project. Residential Development B. Goal. High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted. The options available to the City to influence the quality of housing for all citizens should be approached realistically in balancing economic and aesthetic consideration, in accordance with the following policies: B.1. Encourage those building custom homes to design and construct homes with architectural lines which enable them to harmonize with the surroundings, adding to the community identity and desirability. B.3. Minimize encroachment on view of existing homes by new construction or additions to existing structures. B.4. Support retention and rehabilitation of older housing within Edmonds whenever it is economically feasible. B.5. Protect residential areas from incompatible land uses through the careful control of other types of development and expansion based upon the following principles: B.5.d. Private property must be protected from adverse environmental impacts of development including noise, drainage, traffic, slides, etc. B.6. Require that new residential development be compatible with the natural constraints of slopes, soils, geology, vegetation and drainage. 2. Compliance with the Residential Development goals and policies: The proposal will make way for four new homes. The overall proposal should not cause any adverse impacts and appears to be consistent with the residential development goals and policies. The natural environment does not provide too many constraints in this area. C. Compliance with the Zoning Code 1. The proposed subdivision must comply with the provisions of the Zoning Code. See sections II.A.3 and ILAA of this document. D. Compliance with the Flood Plain Management Provisions 1. The proposed project is not in a Flood Plain. E. Environmental Assessment 1. Is this site within a shoreline area (within 200 feet of the ordinary high water mark of the Puget Sound)? No. 2. Is an Environmental Checklist Required for this application? No. If more than 500 cubic yards of grading will be required, an Environmental Checklist is required. At this point in time, the total amount of grading for the subdivision improvements is not anticipated to exceed 500 cubic Lane Himmelman File No, 5-05-110 Page 7 of S yards. If through the review of the civil plans, it is determined that more than 500 cubic yards of grading will be required, the City will require an Environmental Checklist to be submitted and will issue an Environmental Determination. F. Critical Areas Review 1. Critical Areas Review number: CA -2001-0012. Results of Critical Areas Reviews: The property does not appear to contain any critical areas as defined by ECDC 23.40. As a result, a waiver from the requirement to complete a study was issued. G. Comments No public comment letters were received during the review of the proposal. III. RECONSIDERATIONS AND APPEALS The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. A. Request for Reconsideration Section 20.100.010.G allows for City staff to reconsider their decision if a written request is filed within ten (10) working days of the posting of the notice required by this section. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. B. Appeals Section 20.105.040 and 20.105.020 describes how appeals of a staff decision shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within fourteen (14) calendar days after the date of the decision being appealed. C. 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. IV. LAPSE OF APPROVAL Section 20.075.100 states, "Approval of a preliminary plat or preliminary short plat shall expire and have no further validity at the end of five years, unless the applicant has acquired final plat or final short plat approval within the five-year period." Lane Himmelman File No. S-05-110 Page 8 of 8 V. NOTICE TO 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. APPENDICES Attachments: 1. Application 2. Vicinity 1 Zoning Map 3. Subdivision Map 4. Engineering Requirements VII. PARTIES OF RECORD Engineering Department Jeffrey Treiber Lovell-Sauerland & Assoc. Planning Department 19400 — 33" Ave. W, Suite 200 Lynnwood, WA 98036 Fire Department Lane Himmelman 8506 — 184vh Street SW Edmonds, WA 98020 city of edmonds ' ar: land use application pERMIT cOUNTER ARCHITECTURAL DESIGN REVIEW FOR OFFICIAL I j.SE ONLY COMPREHENSIVE PLAN AMENDMENT l CFILE # c� "b�J `� io ZONE CONDITIONAL USE PERMIT ~ L HOME OCCUPATION DATE 911 2-/0C REC'D BY FORMAL SUBDIVISION FEE 1Sj�.� RECEIPT 2']2.1{0 • SHORT SUBDIVISION LOT LINE ADJUSTMENT HEARING DATE PLANNED RESIDENTIAL DEVELOPMENT HE STAFF PB ADB CC OFFICIAL STREET MAP AMENDMENT STREET VACATION ShO] Sri,rYt _ )$5 REZONE SriI GA r� I Z SHORELINE PERMIT �v is - VARIANCE 5VARIANCE / REASONABLE USE EXCEPTION OTHER'- PROPERTY THER_PROPERTY ADDRESS OR LOCATION 8506 184th Street S.W. PROJECT NAME (IF APPLI CABLE) Himmelman Short Subdivision PROPERTY OWNER Lane Himmelman PHONE# 206-949-2893 ADDRESS 8506 184th Street S.W., Edmonds, WA 98020 E-MAIL ADDRESS FAX 4 TAXACCOUNT# 00434600000905 SEc. 18 TwP. 27 RNG. 4 DESCRIPTION OF PROJECTOR PROPOSED USE The instant proposal is for the subdivision of 1.069.acres into four lots for the construction of four new homes. be APPLICANTLane Himmelman PHONE# 206--949-2893 ADDRESS 8506 184th Street S.W., Edmonds, WA 98020 E-MAIL ADDRESS FAX # Jeffrey Treiber CONTACT PERSON/AGENT Lovell—Sauerl and & Assoc. PHONE# 425--775-1591 ADDRESS 19400 33rd Ave. W., Suite 200, L nnwood, WA 98036 E-MAILADDMSS—JeffT@lsaengineeking.com FAX# 425-672-7998 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, 1 certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to file /(this .�application on The behalf of the owner as listed below. SIGNATURE OF APPLICANT/AGENT /� - ` !� - DATE q/Z/ S� Property Owner'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 the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of in ection and osting atten ant to this application. SIGNATURE OF OWNER las e Z DATE- This application form was revised on 1127100. To verify whether it is still current, call (425) 771-0220. L:ILIBRARYIPLANNINGTvrms.& HandoutsTublic Handous Land Use Application-doc Zoning Vicinity Map RS -20 RS -6'° RM -3 ® BP CG2 RS -12+W RSW-12 RM -2.4 BN CW MU RS -10 RS -MP ® RM -1.5 BC 8 MPI P RS -8 CG ® MP2 OS Rezones PRD 0 250 500 Feet w H co ii i, K i as � gS LJ 7 Z z I 0 ¢ a = 7 � s a:€= W1 z in i`O mz I � S q ^�S r2Ctl Gape"'. a W - yg 0 ..33� d'� 'y�Fa^sw� Z = a nR •.',-o`€ w w V e ���-"3�5�'= S w :Eo d ■ ., spa xa w } e o $ a a $ o H _11 In zr o a is a U%J—i '.� 4h:e N Sg`•• u N 66: w N vzi o w g w a a s rc k a z w fix" g a `; i N ,€ e += o. eg ?d ti y�4, c Is.y.1 oz u1 s . �tw x �w,'Y- �� =Z�� i 1 'M �nWAV 411,8 A ' b� y a i I 'M 3f1N3AV 4188 3 �ugoivlsionls . E84`�`St SW S:IENGRIPRrVATE DEVELOMENT PROJECTSIREVIEWISUBDIVISION-LU & REQ'S\Short-PlatslHimmelman-8506 184th St SW-regmnts Attachment 4 I 12igts of way for;pul�Irestree� 10' street dedication required X basements {C€Y ttfillles, prricataccess btlter utlit�es) :. . Provide all easements as needed. X Lots 1-4 shall share a private access driveway X 3 Street �mprvemeuts {AEP w>Ith cr1r1> 184* Street SW to be widened to provide for a minimum 12' X lane width in either direction, from the painted centerline to the face of curb. Construct 18" concrete curb and gutter along the property X - frontage. Curb/gutter alignment to be consistent with surrounding area. Private access road shall be paved a minimum of 16.0' wide X plus 18" asphalt thickened edge. 6" concrete extruded curb may be used. Provide on-site turn around to City Standards_ X ,. S`rdewalksxarid�Qrvalkwyays _;.. .. _..... _ _ Construct 5' wide concrete sidewalk along roe frontage. X fi Sr�et 1><g1>its NIA X NIA X `;terysie>a� slm�roements (p>pelsnQs; fire hj�dr�nts,pa>ImP s Install new 6" Fire Hydrant, per City standards, with 4" storz X ada ter" Provide water service to each lot. X Connect to public waters stem_ X X 9aliu#ar sewerstem�m 00,>n1s 1� ernes, uun woo s x ��s.�r �fat�irts, �l!e�nefern �te�ltE► .�� °�, [lisfr�ct,-ef+�- Provide new sanitary sewer service to each lot _ _ - _ X Connect to public sewer system X X �8�'�ftrrni ei�s#em.-►mpro�emten.#s (px�selrnes, pamp:_. � �` �` '� __ _ �.. G q�e fi Df,�,�isl<erresefc .ter. .... »-. :.«: .... _.«::_ ...:. «-.; . ;....... - �.. ..::. x :..' :'�- ... _�. ............ .... .....:.^.'. Provide storm sewer service to each lot. X _ _ _ Construct storm detention system sized to provide adequate X capacity for proposed single family dwellings and access _ improvements in accordance with ECDC 18.30 -— Connect to Public Storms stem X 1 Qns>lesclta7nagelanea� C3tr�lX3) Connect t all new " ervious surfaces to detention s stem. X _ X i3nt#rgr�updtrtng {e _Qd.13137, .w, Required for all new services - X X S:IENGRIPRrVATE DEVELOMENT PROJECTSIREVIEWISUBDIVISION-LU & REQ'S\Short-PlatslHimmelman-8506 184th St SW-regmnts Attachment 4 Submit a grading plan as part of engineered site plan. Grading X X for foundations to be included with the building ermit only. All signs shall be vinyl letters and to City Standards. No silk X screen signs will be permitted_- _ Provide Fire and aid address sign X I5 Sure Monnmegt�t�u�;��',Qrd.Sect><o1a121©.12t3)..,� ;; .. NIA �`6 :AsRbu�lidrar��n _ _ Required for all utility construction. X Oi><er req><remets _ _ .... .: a) Plat showing lots, easements, legais, survey information__ X X b) legal documents for each lot X -- c Field stake lot corners (by professional engineer) _— X_— d)_ Field stake utility stubs at property lines. _ X — - _— — _ - - - pj_Clustered mailbox locatioer Postmaster X Maintenance a cements a) Sewer LID fees to be paid in full- X b) Storm development charge (for access road) $ X -� Storm drainage connection fee_ $428/lot __ _. X -.----------.-.---._ ..-.-.-.-.-.._-------- - ....... -- .. .. ..-- .. _......... d) Sewer connection fee (3 lots only) - $730/lot X --= 1 existing house to be demolished. --- ---- --- --- -- - - --- ------- -- - -- - ----- ----------- ---- ------- --.-----._.- e) Water connection fee - I" connection (3 lots only) $908/lot X ---.I-exist- n house to be demolished— — ---- ----�------ ��---�-�----------...._.—.-.-._-..---�-�--�- fj Water meter fee - 3/4" meter $550/meter X g)__Trafficmitigation fee $840.72/ new lot $252216 X ._..... _ inspection fee_2.2% of improvement costs $ X i) Plan review fee: $860 $ 860 X ENGINEERING PROGRAM MANAGER, CITY OF EDMONDS The �xgineertng a m iisxha � been a»tp�Cet�d rsr�d th, sum v srpxt, ffn be ecord Authorized for recording by: Date: DATE S-IENGRIPRIVATE DEVELOMENT PROJECTSWEVIEWISUBDIVISION-LU & RFQ'S\Short-P1ats\Himmelman-8506 184th St SW-regmnts.doc