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S-07-57 Staff Report.pdfCITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION FINDINGS, CONCLUSIONS, AND DECISION To: File No. S-2007-57 From: ennifer Machu anner Date: October 12, 2007 File: S-2007-57 Applicant: Michel Construction, Inc. Agent: Scott Schlumberger TABLE OF CONTENTS Section Page I. INTRODUCTION...............................................................................................................2 A. Application... ....... ....................................................... .................................................................... 2 B. Decision on Subdivision................................................................................................................... 3 C. Decision on Modification Request....................................................................................................3 11, FINDINGS OF FACT AND CONCLUSIONS...................................................................4 A. Compliance with the Subdivision Ordinance....................................................................................4 B. Compliance with the Comprehensive Plan........................................................................................ 6 C. Analysis of the Requested Modification........................................................................................... 6 D. Compliance with the Zoning Code.................................................................................................... 8 E. Compliance with the Flood Plain Management Provisions ............................................................... 8 F. Environmental Assessment............................................................................................................... 8 G. Critical Areas Review.......................................................................................................................8 H. Comments......................................................................................:............................I...I.........I....... 8 III. RECONSIDERATIONS AND APPEALS..........................................................................9 A. Request for Reconsideration............................................................................................................. 9 B. Appeals............................................................................................................................................. 9 C. Time Limits for Reconsideration and Appeals..................................................................................9 IV. LAPSE OF APPROVAL................:....................................................................................9 V. NOTICE TO COUNTY ASSESSOR..................................................................................9 VI. ATTACHMENTS: .............................................................................................................. 9 VII. PARTIES OF RECORD...... .. .. 10 Michel Construction, Inc. 4 -Lot Townhouse Subdivision File No. S-2007-57 Page 2 of 10 I. INTRODUCTION The applicant is proposing to subdivide one lot addressed as 21207 — 82"d Place West into four townhouse lots (Attachment 1). See the Zoning and Vicinity Map for reference (Attachment 2). The site is located in a Multiple -Family Residential (RM -2.4) zone that requires a minimum of 2,400 square feet of site area per dwelling unit. The proposed lot layout is shown on the subdivision map (Attachment 3). Building permits for four detached residences have been issued on the subject property under the new addresses of 21205, 21209, 21213, and 21217 — 82nd PIace West. Civil improvements have also been approved. The building permits and civil improvements were reviewed in conjunction with building permits for four detached residences on the adjacent lot to the south addressed as 21215 — 82n4 Place West under the new addresses of 21207, 21211, 21215, and 21219 — 82nd Place West. The four detached residences on the subject property and four detached residences on the adjacent property to the south received design review under Architechural Design Board (ADB) File Nos. PLN -2005-0170 and PLN -2005-0171 and building permit review under File Nos. BLD -2006-0794 through BLD -2006-0801. It was determined that the proposed development meets the minimum site development standards for a multifamily project located within the RM -2.4 zone; therefore, permits were issued and the development is currently under construction. Refer to Attachment 4 for a copy of the approved site plan for the development including the adjacent property to the south. Under the subject application, the applicant has proposed a four -lot townhouse subdivision in order to create individual lots for each of the detached dwelling units on the subject property. In addition, the applicant has submitted a modification request for a reduction in the minimum required western street setback for proposed Lot 1 from 15 feet to 14 feet in order to allow for a section of building modulation that is approximately 13 feet in length to project into the minimum required western street setback by a foot (Attachment 5). A four - lot townhouse subdivision is currently proposed for the adjacent lot to the south under File No. S-2007-58, A. Application 1. Applicant: Michel Construction, Inc. 2. Site Location: 21207 — 82nd place West (see Attachment 2). 3. Request: To divide one lot with a total area of 12,175 square feet into four townhouse lots in a Multiple -Family Residential (RM -2.4) zone (see Attachment 3). The applicant has also submitted a modification request for a reduction in the minimum required western street setback for proposed Lot 1 from 15 feet to 14 feet in order to allow for a section of building modulation that is approximately 13 feet in length to project into the minimum required western street setback by a foot (see Attachment 5). 4, Review Process: Following the Comment Period, Planning Staff makes an administrative decision. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Section 16.30.030, site development standards for the RM -2.4 zone. b. Compliance with Edmonds Community Development Code (ECDC) Title 18, public works requirements. c. Compliance with Edmonds Community Development Code (ECDC) Section 20.85, criteria for approval of a variance. d. Compliance with Edmonds Community Development Code (ECDC) Section 20.75, subdivision requirements. e. Compliance with Edmonds Community Development Code (ECDC) Section 20.95, staff review requirements. £ Compliance with Edmonds Community Development Code (ECDC) Section 21.100.040, definition of townhouse. Note: All code sections referenced in this report can be viewed via the City's website at www.ci.edmonds.wa.us. Michel Construction, Inc. 4 -Lot Townhouse Subdivision File No, 5-2007-57 Page 3 of 10 S. 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. This application is subject to all applicable requirements contained in the Edmonds Community Development Code (ECDC). It is the responsibility of the applicant to ensure compliance with all applicable requirements. 2. Prior to recording, the applicant must complete the following requirements: a) Complete the improvements shown on the approved civil plans for the four detached residences on the subject property. b) Make the following revisions to the plat: (1) If setbacks are to be included on the plat, correct the setbacks shown to reflect those stated in Section II.A.3.d of this report. (2) Correct the width of the ingress, egress, and utility easement to reflect the width that was approved/constructed with the building permits for the four detached residences on the subject property. (3) Show all easements as required. (4) 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 No. S- 2007-57 in the City of Edmonds Planning Division." (5) Include on the plat all required information, including owner's certification, hold harmless agreement, and staff approval blocks. c) Make sure all documents to be recorded meet the Snohomish County Auditor's requirements for recording, including all signatures in black ink. d) Submit two 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. e) Submit an updated copy of the title report (short plat certificate) with the documents proposed to be recorded. Please note that the updated title report must be prepared within 30 days of submittal. 3. After recording the plat, the applicant must complete the following: a) Provide the City of Edmonds Planning Division with three 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. C. Decision on Modification Request 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 ivision: The Modification Request to reduce the minimum required western street setback for proposed Lot 1 from 15 feet to 14 feet in order to allow for a section of building modulation that is approximately 13 feet in length to project. into the minimum required western street setback by a foot is DENIED. Michel Construction, Inc. 4 -tot Townhouse Subdivision File No. 5-2007-57 Page 4of10 II. FINDINGS OF FACT AND CONCLUSIONS A. Compliance with the Subdivision Ordinance Introduction a. Setting: The subject property at 21207 — 82 Place West is located in the Multiple -Family Residential (RM -2.4) zone (Attachment 2). Properties within the vicinity are zoned Multiple - Family Residential (RM -2.4), Neighborhood Business (BN), and Single -Family Residential (RS -8). Neighboring properties are developed with multi -family residences, single-family residences, and offices. b. Topography and Vegetation: The subject property is relatively level. There is an approximate five-foot drop down to the subject property near the northern and eastern property lines. The site is currently under construction; therefore, it contains little vegetation. Vegetation will be re-established following construction activities in accordance with the landscaping plan that was approved for the site in conjunction with the design and building permit reviews. C. Lot Layout: The proposed lot layout is shown on the subdivision map (Attachment 3). Lot 1 will be created on the western portion of the property and Lot 4 will be created on the eastern portion of the property, with Lots 2 and 3 in between Lots 1 and 4. The proposed lots will be accessed via an ingress/egress easement along the southern portion of the subject property and shared with the adjacent property to the south. 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). No apparent environmental resources are present on the site. b. The proposal minimizes grading because the subject property is relatively flat and the lots will be accessed via a shared access easement that is also shared with the adjacent property to the south (21215 — 82"d Place West). C. No hazardous conditions, such as flood plains, steep slopes, or unstable soil or geologic conditions exist at this site. d. The Engineering Division has reviewed and approved civil plans for the site in conjunction with review of the building permit applications for the new detached residences. Any proposed development on the site should be designed to minimize off-site impacts on drainage. All new impervious surfaces must be connected to a detention system. 3. Townhouse Subdivision Requirements (Lot Size and Layout) a. The proposal is for a four -lot townhouse subdivision. According to ECDC 21.100.040, a townhouse is a multiple dwelling unit meeting the following criteria: • No dwelling unit overlapping another vertically; • Common side walls joining units; • Not more than six dwelling units in one structure; • Coverage shall not exceed the aggregate coverage of the individual structures as defined in the zoning code; • Lot area per unit for purposes of subdivision may be as small as the coverage of the individual unit, so long as the overall density meets the zoning on the site. Portions Michel Construction, Inc. 4 -Lot Townhouse Subdivision File No. S-2007-57 Page 5 of 10 of the site not subdivided for individual units shall be held in common by the owners of the individual units. Note: According to Interpretations File No. 2003-01, because no minimum number of dwelling units is stated in ECDC 21.100.040, a proposed development of detached dwelling units may be subdivided as a townhouse subdivision. Additionally, for detached units in townhouse subdivisions, internal lot lines may be placed along the edge(s) of exterior walls of the dwelling units or anywhere between the dwelling units. b. Lots must be designed to contain a usable building area. Based on a review of the project, the analysis in this section, and the previous design review, each of the proposed townhouse lots is buildable. C. Lot sizes and dimensions. Because this project is being developed as a townhouse subdivision, lot area per unit may be as small as the coverage of the individual unit, as long as the overall density meets the underlying zoning of the site. For this project, the underlying density on the entire project site could yield a maximum of 4 dwelling units. As a result, the proposal meets this requirement. d. Setbacks: Typical setbacks for lots in the RM -2.4 zone are: Street setbacks: 15' Side setbacks: 10' Rear setbacks: 15' Using the townhouse subdivision model, the exterior of the project site must meet the underlying zoning setbacks. In this case, the exterior setbacks approved with the building permit applications conform with the underlying RM -2.4 requirements. With respect to internal setbacks, the detached units have the flexibility to place lot lines from the outer edge of a dwelling unit's exterior wall (zero lot lines) to anywhere between an adjacent dwelling unit. The proposed townhouse lots have interior setbacks which range between approximately four and five feet. e. Lot Coverage: 1.) 45% maximum lot coverage is allowed in the RM -2.4 zone. 2.) The lot coverage of the approved detached residences was reviewed to comply with the 45% lot coverage requirement over the entire project site during building permit review. 4. Dedications a. The Engineering Division reviewed the proposed development with civil plan and building permit reviews for the four detached residences and determined that no street dedication was required. 5. Improvements a. All required improvements were identified with civil plan and building permit reviews for the four detached residences. No additional improvements are required with the townhouse subdivision. 6. Flood Plain Management a. This project is not located in a FEMA designated Flood Plain. Michel Construction, Inc. 4 -Lot Townhouse Subdivision File No, S-2007-57 Page 6 of 10 B. Compliance with the Comprehensive Plan 1, Comprehensive Plan Goats 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.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, C. Goal. A broad range of housing types and densities should be encouraged in order that a choice of housing will be available to all Edmonds residents, in accordance with the following policies: C.2. Multiple. The City's development policies encourage high quality site and building design to promote coordinated development and to preserve the trees, topography and other natural features of the site. Stereotyped, boxy multiple unit residential (RM) buildings are to be avoided. 2. Compliance with the Residential Development goals and policies: The proposal will establish the property lines for four new townhouse lots; however, it will not cause any changes in the density allowed on the original subject property. The overall proposal should not cause any adverse impacts and appears to be consistent with the residential development goals and policies. C. Analysis of the Requested Modification 1. The applicant has submitted a modification request for a reduction in the minimum required western street setback for proposed Lot 1 from 15 feet to 14 feet in order to allow for a section of building modulation that is approximately 13 feet in length to .project into the minimum required western street setback by a foot. Pursuant to ECDC 20.75.075, all criteria of a variance must be met for a requested modification to be approved. The Criteria are as follows: a. Special Circumstances: That, because of special circumstances relating to the property, 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. Special Circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to comply with the zoning ordinance, the ability to secure a scenic view, the ability to make more profitable use of the property, nor any factor resulting from the action of the owner or any past owner of the same property. Michel Construction, Inc. 4 -Lot Townhouse Subdivision File No, 5-2007-57 Page 7 of 10 b. Special Privilege: That 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. C. Comprehensive Plan and Zoning Ordinance: That the approval of the variance will be consistent with the intent of the comprehensive plan, the zoning ordinance and the zoning district in which the property is located. d. Not Detrimental: That 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 the same zone. e. Minimum Variance: That the approved variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning. 2. The applicant has presented declarations as to the merits of this proposal (Attachment 5). 3. Analysis of Compliance with Variance Criteria: a. The applicant demonstrated in their building permit applications for the four detached units on the subject property that the townhouses can be constructed in such a way that all minimum required setbacks are met. It is only due to the fact that the foundation and footing were located incorrectly that the need for a variance arises. The applicant could still construct the residence to meet the minimum required western street setback by reducing the depth of the modulation by approximately one foot. Therefore, since the modification request is due to a self-imposed hardship, the special circumstances criteria has not been met. b. It is only due to the fact that the foundation and footing for the residence on Lot 1 were located incorrectly that the need for a variance arises. Since this is a self-imposed hardship, it would be a grant of special privilege to approve the requested modification. C, The proposal would be consistent with the purposes of the zoning ordinance and would be consistent with the intent of the Comprehensive Plan in allowing for modulation of the western wall of the residence on Lot 1; however, in building permit File No. BLD -2006- 0748, the applicant demonstrated how the modulation desired by the Comprehensive Plan design guidelines could be provided in such a way that meets all minimum required setbacks. The approved building permit plans indicate that the 13 foot wide section of modulation on the western side of the building is 3 feet deep; therefore, even if the modulation is cut back by a foot to comply with the minimum required street setback, a 2 foot deep section of modulation could still be provided. d. The modification would not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and same zone. Q, The proposed modification is not the minimum necessary to provide the building modulation as required by the Architectural Design Board. In the building permit application for proposed Lot 1 (File Nos. BLD -2006-0748), the applicant demonstrated how the residence could be constructed with the required building modulation meeting all minimum required setbacks. 4. Conclusions: a. Since the applicant demonstrated in their building permit applications for the four detached units on the subject property that the townhouses can be constructed in such a way that all minimum required setbacks are met, and since it is only due to the fact that the foundation and footing were located incorrectly that the need for a variance arises, it has been Michel Construction, Inc. 4 -Lot Townhouse Subdivision File No. S-2007-57 Page 8 of 10 determined that there are no special circumstances justifying the approval of the requested modification to the minimum required western street setback for Lot 1. The modification request was made as a result of a self-imposed hardship; therefore, the requested modification is denied. D. Compliance with the Zoning Code 1. With the denial of the proposed modification request, the proposed townhouse subdivision will comply with the provisions of the Zoning Code. See sections II.A.3 and ILA.4 of this document. E. Compliance with the Flood Plain Management Provisions The proposed project is not located in a Flood Plain. F. Environmental Assessment 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. During review of the building permit applications for the four detached residences on the subject property, it was determined that the project was exempt from SEPA review because the project was for four or less units and did not require over 500 cubic yards of grading. The subject proposal to subdivide the subject property into four townhouse lots is also exempt from SEPA review because it is not increasing the number of units or the quantity of grading for the development. G. Critical Areas Review Critical Areas Review numbers: CRA -2005-0071. Results of Critical Areas Reviews: The subject 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. H. Comments Two public comment letters were received during review of this proposal and are included as Attachments 6 and 7. A letter was submitted by Deloris Hoffman, Peter and Charlotte Shepperd, and David Belz. The letter addressed the neighbors' concerns over the proposed modification request. The neighbors feel that the requested modification should not be used as a means to resolve the encroachment issue along the eastern side of the subject property. City Response: Refer to Section II.0 of this report for an analysis of the requested street setback modification for Lot 1. The proposed modification request has been denied. Paul Mills commented that there is not sufficient on-site parking for the proposed residences and addressed concerns over increased traffic resulting from the development of the subject property and the adjacent property to the south with a total of eight new units. City Response: The subject property is located within the Multiple -Residential (RM -2.4) zone, which allows a maximum of one dwelling unit per 2,400 square feet of site area. The four townhouses on the subject property and four townhouses on the adjacent property to the south were reviewed and approved under all applicable code sections, including the site development standards of the RM -2.4 zone under ECDC 16.30 and the on-site parking requirements of ECDC 17.50. The subject application is only to create lot lines between the approved residential units in order for them to be sold off individually as townhouses. Michel Construction, Inc. 4 -Lot Townhouse Subdivision File No. S-2007-57 Page 9 of 10 IIL 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 reconsideration or appeal should contact the Planning Division 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 tun 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 staff has issued his/her decision on the reconsideration request, the time clock for filing an appeal continues 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." 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. ATTACHMENTS 1. Application 2. Vicinity 1 Zoning Map 3. Subdivision Map 4. Site Plan for Building Permit Nos. BLD -2006-0794 through BLD -2006-0801 5. Modification Request 6. Comment Letter from Deloris Hoffman, Peter and Charlotte Shepperd, and David Belz 7. Comment Letter from Paul Mills VII. PARTIES OF RECORD Engineering Division Planning Division Mr. Scott Schlumberger Michel Construction, Inc. 7911 — 212`h St. SW, 4102 Edmonds, WA 98026 Mr. David Belz 21222-82 Rd Pl. W Edmonds, WA 98026 Ms. Deloris Hoffman 21223 -- 82n1 Pl, W Edmonds, WA 98026 Peter and Charlotte Shepperd 21313 — 82"d Pl. W Edmonds, WA 98026 Mr. Paul Mills 8225 -- 212" St. SW, #302 Edmonds, WA 98026 Michel Construction, Inc. 4 -Lot Townhouse Subdivision File No. 5-2007-57 Page 10 of 10 city of edmonds land use application - ARCHITECTURAL, DESIGN REVIEW FOR OFFICIAL COMPREHENSIVE PLAN AMENDMENT" FILE # 6• CONDITIONAL USE PERMITZONE ACI ROMP OCCUPATION DATE -% I RECD 13Y Mi/ FORMAL SUBDIVISION FEE I { C'm - a 0 RECEIPT # 'HORT SUBDIVISION LOT LINE ADJUSTMENT HEARING DATE PLANNED RESIDENTIAL DEVELOPMENT HE STAFF PB ADB CC OFFICIAL STREET MAP AMENDMENT STREET VACATION REZONE SHORELINE PERMIT VARIANCE / REASONABLE USE EXCEPTION OTHER: PROPERTY ADDRESS OR LOCATION PROJECT NAME (IF APPLICABLE) I PROPERTY OWNER r` ',%cAel — �� ' .,\f,Nk-f PRONE # ``�7 u1ZZ_ ADDRESS * 9(( `�2Th IST -51N E-MAIL ADDRESS {GF ' . 'ROQ4 `TI�I .�Oi vX #.425, TAx ACCOUNT # C.0 J B ! / CM aJQ 2+ M SEC. ,��TIP. RNG. / DESCRIPTION OF PROJECTOR PROPOSED USE �l APPLICANT �AI"tLPHONE # ADDRESS E-MAIL ADDRESS C�� �! , a� , r� f FAX # CONTACT PERSONIAGENT� . �� Umk PHONE # ADDRESS''! 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 information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized tof{ s a plicatio n thebahaloPof t wner as listed below. % SIGNATURE OF APPLICANT/AGENT DATE / /" - � / 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 ction an posting a ant t�M—DATE SIGNATURE OF OWNER � /`� aZ This application form was revised on 1 /27100. To verify whether it is still current, call (425) 771-0220. L:li.€HRAAY\PLANNINGT,orms & HandautsTuhlic Ha doutsNLand Use Applieai .doc Attachment 1 Attachment 3 # N W K c o� a � o _ 2 96 S V g - � a w�✓i � a IV Zu Oia ��o ti �'ce F s g J- N 44 u rc .z r v. r cimQy Gam IQs e z �Fi ` a A s� w Jsm aF? u d�z« w w H a J33��a n ►- - y _ d -- W y D N Z "-' u v - �a (n O -- O LL O °-� U Nm w O 2z - Q M -i 2N 1=z V} O of {n <wo <ao say �..�-pro m w � � o ....:€ u• zz = Attachment 3 3 II F' 003136863981tt � K 1 OyMR FWiI � ! � � ! / - ! spa• 22' ]e' !! e8. as ~��� J � ��' i � 1—�'_ �—\a 1249 x -��• /vr. �-� ^� � � � n I / I! e m ��I t 19• CL •r 89'22'38' w ea. ea - �� q' 2 i t 1 to' � s oe•az• sa• • et. xa++ cn¢ uN J it CWIt.B IWG SETBACK LiK [C+4L} } f' KaL2-9 ---------- 36 • 82.32 . ___-\ _ — — --T.-- _._._._._ _ 82ND PL W ----- . ------------------------------ ------------------------------------- 25 `---._ _________.__- ______..- U _ - i$ �z � $�"• V � wa � a s g 2Nj w aig O y c.t e N `J 1 5 3 4 9 N 1 Q LAS8 M5 1S HWZ 'uZg _ -nN'-s 1 Arol-Lo akNoz w o - jaylIN Ma.195W :MOILV O I �- � ZSNOD N w MOM �� 11 ll W co L W z w W cc 4 ^� � i.._ `i to �av�'r�•`r fa ?� °aia � w w Z HE -- M -- M x - n rB M aauid PuZ8 z Attachment 4 fa z Attachment 4 Michel Construction Inc. Modification Request J(, {4 2120782nd Pl w ?00 S-07-57 7 Nature of Request: Applicant requests a partial reduction of the front setback along 82nd Place for Lot 1. Setback reduction is for a 13 foot long by one -foot deep portion of the front building setback line. Required setback is 15 feet and we would like to reduce the front setback by one foot to fourteen feet for a. section approximately 13 feet wide. Modification Criteria: Special Circumstances: Other property owners in the immediate area have similar side setback encroachments, thus this request is similar to those enjoyed by others in the area. The special circumstances relevant to this request include the size of and topography of the site and the location of a neighboring driveway encroachment to the east. The applicant desires to increase the modulation and appeal of the project so as to avoid long blank walls. The subject short plat is slightly encroached upon by approximately one foot at the east side (lot 4). This has pushed the overall project about one foot to the west in order to maintain the overall side setbacks between structures. A further factor is that the lot in question is a corner lot; hence it has greater setbacks than other lots in the plat. An additional mitigating factor is the fact that the right of way in this residential area is 60 feet wide, resulting in a wide R.O.W. relative to the existing street width and the typical traffic experienced and expected on this street. A minor setback reduction will not be readily apparent, nor will it crowd the sidewalk. Special Privilege: Approval of the modification would not result in any special privilege to the property owner in comparison with neighboring properties. In fact, there are adjacent properties that have side setbacks that are less than current code. Granting this minimal modification will be congruent with that enjoyed by neighboring properties. Comp Plan: The modification will be consistent with the Comprehensive Pian in that it will improve the streetscape and improve the entry of the structure. (Community Culture: Urban Design — General Objectives) Streetscape will be improved by modulation of the structure fronting the street. Entry will be improved by slightly shielding the entryway through the bump -out envisaged on the building plans. Attachment 5 Michel Construction Inc. Modification Request 2120782 nd pl W S -Q7-57 Zoning Ord: Approval of the modification should be consistent with the purposes of the zoning ordinance in the multi -family zone. The wide right of way should relieve concerns of the structure seeming to be too close to the street. Not Detrimental: No detriment to the public health, safety and welfare in the area is foreseen. In fact, the wide right of way, new sidewalks, increased building modulation, and shielding of the entryway should increase safety and welfare. Minimum Modification: The modification of one foot coincides with the encroachment and with the building design affording a shielding of the entryway. September 10, 2007 City of Edmonds Development Services Department 1215' Avenue North Edmonds, WA 98020 Attn: Jen Machuga, Director RE: File# S-07-57 As residents or homeowners close to the Michel Construction, Inc development of eight townhouses at 21207 and 21215 82nd Place West, Edmonds, we are asking for a written explanation for the modification request on the 21207 property from a minimum 15' setback to a 14' west street setback. It seems logical that such a modification request should have been part of the original development plans in accordance to an accurate land survey. Logic also suggests that prior to the construction of the existing four foundations; this issue should have been resolved. To the casual observer, it might be puzzling why the modification request would apply only to the 21207 property. This puzzle might be explained by the following information: A 1993 survey by Columbia Land Surveying & Engineering revealed a driveway encroachment onto the eastern boundary of the 21207 property during the 8130 and 8134 212' Ave S.W. development by Mr. & Mrs. Bob Klipinger in 1993 & 1994. Could this encroachment account for the File #S-07-57 request? In that case, shouldn't Mr. Michel legally claim back his encroached property through legal channels instead of asking the City of Edmonds to resolve the matter through political channels? Please send the written response to all of the following persons listed below. Sincerely, Deloris Hoffinan Peter& Charlotte Shepperd David Belz 21223 82nd Place West 21313 82nd Place West 21222 82nd Place W. Edmonds, WA 98026 o ds, WA 98026 Edmonds, WA 98026 Attachment 6 September 1, 2007 City of Edmonds Development Service Department 121 5t` Ave_ North Edmonds, WA 98020 Dear Sirs, RECEIVED SEP 0 4 2007 DEVELOPMENT sER VICES Regarding File ff 5-07-58, Name of applicant, Michel Construction, Inc. Subject, Townhouse subdivision of one into four lots_ Two family homes were removed and now planned are eight family units squeezed in_ This will add, on average, sixteen vehicles to an already congested 212th St. SW. The foundations, already in place, show the cramped spacing, with no off street parking, beyond the small two car garages. Street parking on 2l e is not practical, parking on 82'd Pl. W. is not adequate_ I have lived in the Solaire One Condominium at 8225 212th St_ SW for 22 years_ The number of multifamily units built in the neighborhood in the past ten years have made increased vehicle traffic a problem to exit and enter my driveway_ With a larger number of units being built just east on 212th, the congestion will rise further. I am opposed to this construction. Sincerelly, q' -Ae-& Paul Mills 8225 212' St. SW ##302 Edmonds, WA. 98026 Attachment 7