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Set back issue, more info 010209.pdf.t,-?c.189v January 2, 2009 CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website: www.ci.edmondsma.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering Brian & Cindy Isaacson 114 Second Ave S, Suite 103 Edmonds, WA 98020 SUBJECT: Review comments: 16007 73rd Place West V-08-53, V-08-72 and LL -08-75. Dear Mr. and Mrs. Isaacson: GARY HAAKENSON MAYOR You have submitted three applications for the residential development of your property at 16007 73rd Place W which includes height variance (V-08-53), a critical area reasonable use variance (V-08-72) and a Minor Planned Residential Development (PRD) Amendment (LL -08-75). These three applications are being consolidated under a single project review pursuant to ECDC 20.90.010.B. All three applications were determined to be complete on December 23, 2008 and Notice of Application will be published on January 6, 2009. While preparing the staff report for these projects, an issue was discovered that must be resolved before this project can be scheduled for a hearing before the Hearing Examiner. Building Setback: There is a ten foot building setback along the northern edge of your property between Lot l and Lot 2 of the Lorian Woods PRD. The site plan prepared by O'Brien & Associates received by the City of Edmonds on December 5, 2008, shows the eaves of your proposed residence projecting 30 inches into the ten foot building setback. While ECDC 16.20.040.B. allows eaves to project into a required setback not more than 30 inches, the Covenants, Conditions and Restrictions (CC&R's) for the Lorian Woods PRD are more restrictive. Specifically, section 7.5.5 of the Lorian Woods CC&R's states: No building shall be located outside any building envelope or nearer than ten feet to an adjacent lot line as marked on the Plat Map. For purposes of this subsection (7.5) eaves, steps, and porches shall be considered part of a building. (Emphasis added) The residence as proposed is not consistent with the Lorian Woods CC&R's as the eaves project into the ten foot building setback. Since the CC&R's are being used in the justification for your variance applications, the proposal should be consistent with all of the Lorian Woods CC&R's. Please rectify this situation realizing that any alteration to the proposed development may also result in. potential changes to one or more of the applications for this development. Please inform the City of Edmonds your proposed solution to this setback issue. This matter must be addressed before a hearing before the Hearing Examiner can be scheduled. Feel free to contact me if you have any questions: 425-771-0220, extension 1223 or lien@ci.edmonds.wa.us.. cerely, ,) --�l "'Q"`. Kernen Lien '0 Associate Planner City of Edmonds Development Services Note: If staff finds that additional information is needed, we will notes you in writing that additional information is needed. While this information -request is pending, the 120 -day clock for processing the application will stop running. When the additional information is submitted, staff will review it to insure that it responds fully to the information request. When the requestfor additional information has been satisfied, the 120 -day clock will start running again. Incorporated August 11, 1890 Sister City - Hekinan, Japan