StaffReport_S-2008-14.pdf
CITY OF EDMONDS
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121 5 Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
PLANNING DIVISION PRELIMINARY REVIEW
FINDINGS, CONCLUSIONS, AND DECISION
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Project:
Margaret Henson 2 Lot Short Subdivision at 23912 84 Avenue West
File Number:
S-2008-14
Date of Report:
April 7, 2009
From:
____________________________
Gina Coccia, Associate Planner
I.INTRODUCTION
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The applicant is proposing to subdivide one lot (currently addressed as 23912 84 Avenue West)
into two lots and to retain the existing house and “out building” (Attachment 2). There is an
existing shed that is to be removed. The property is located in the Single-Family Residential (RS-
8) zone that allows lots with a minimum area of 8,000 square feet (Attachment 1). The proposed
lot layout is shown on the Preliminary Short Plat Map (Attachment 3).
During review of this proposal, it was
discovered that there had been a
surveying error originating south of
Imae courtes o Goole Mas
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this site (Barrow Short Plat: S-05-129),
which incorrectly showed the lot width
of this proposal and temporarily placed
this application on hold until a
corrected survey was subsequently
recorded and the maps revised. The
new maps under review (Attachment 3)
reflect the revised/corrected data.
Also, a lot line adjustment has been
applied for (LL-2008-70) to bring the
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newly constructed home at 23922 84
Avenue West into setback
conformance. The proposed lot line adjustment affects the lot width of this proposal, because, if
recorded, it would transfer 288 square feet from the SW corner of the Henson property to the
property to the south. The lot line adjustment has not yet been recorded and the timing of the
recording of the proposal will need to be coordinated with this short plat application.
The following report includes staff’s analysis and decision.
Margaret Henson 2-Lot Short Subdivision
File Number: S-2008-14
II.FINDINGS OF FACT
A.GENERAL INFORMATION:
1.Request:
To subdivide one lot into two lots. The property is currently addressed 23912
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84 Avenue West and is located in the Single-Family Residential (RS-8) zone
(Attachment 1).
2.Review Process:
Short Subdivision – following the comment period, planning staff
reviews the project and makes an administrative decision.
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3.Major Issues:
a.
Compliance with Chapter 16.20 ECDC (Single-Family Residential).
b.
Compliance with ECDC Title 23 (Critical Areas).
c.
Compliance with ECDC Title 18 (Public Works Requirements).
d.
Compliance with Chapter 20.75 ECDC (Subdivisions).
e.
Compliance with Chapter 20.95 ECDC (Application and Staff Review).
4.Owner/Applicant:
Margaret Henson (Attachment 2).
5.Tax Parcel Number:
00463301600101.
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6.Location:
23912 84 Avenue West, Edmonds WA 98026 (Attachment 1).
7.Zoning:
Single-Family Residential (RS-8).
8.Lot Area:
17,882 square feet gross area (less proposed lot line adjustment area of 288
square feet = 17,594 square feet). The 5-foot wide access easement area on this site
would need to be deducted from the gross lot area to produce the net lot area.
9.Density:
The net lot area appears to be approximately 17,594 square feet, which would
yield a maximum of two 8,000 square foot single-family lots in the Single Family
Residential “RS-8” zone. Two lots are proposed with this short subdivision application.
10.Access:
Access for Lot 1 will continue to be taken from the existing north driveway off
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of 84 Avenue West and will not have access from the new 20’ easement. 84 Avenue
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West is considered a “Local Street” (and considered a “Collector Street” north of 238
Street SW). The existing south driveway access will be removed as required by the
Engineering Division. A portion of the loop drive will be maintained and widened in
order to provide the required turn-around for Lot 1. An access agreement will be
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required between the owner of 23912 84 Avenue West and 23920 84 Avenue West,
and a copy of the recorded easement will need to be submitted to the City prior to request
for final review and approval of this short plat.
11.Proposed Use:
Two single-family lots (Attachment 3).
12.Existing Use:
One parcel containing one single-family residence (to remain), one shed
(to be removed), and one accessory structure labeled “out building” (to remain and to be
inspected prior to recording in order to ensure that it is not operating as either a “guest
house” or “dwelling unit”).
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All Edmonds Community Development Code (ECDC) sections referenced in this report can be accessed online through the
City’s website at www.ci.edmonds.wa.us.
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Margaret Henson 2-Lot Short Subdivision
File Number: S-2008-14
B.SEPA THRESHOLD DETERMINATION:
Review by the State Environmental Policy Act (SEPA) is not required with this application
because the proposal is to add one additional lot, which is an exemption under WAC 197-11-
800 (1)(b)(i) (Categorical Exemptions). At this time, grading is anticipated at 100 cubic
yards of cut and 425 cubic yards of fill. If it is later determined that the grading at the site
will exceed 500 cubic yards of either cut or fill, then an Environmental (SEPA) Checklist and
associated fees and documents will be required. The ultimate review of the construction
drawings will ensure that the applicant and the City have complied with SEPA regulations.
C.TECHNICAL COMMITTEE:
This application was reviewed and evaluated by the City’s Fire Department, Engineering
Division, Parks and Recreation Department, and the Public Works Department. The
Engineering Division has, through the review, noted that a new 20’ access easement will be
provided which will relinquish the existing 15’ access easement (AFN 200605245002). The
legal for the new easement is to be written to include access rights for the existing home on
Lot 1. The south end of the existing loop driveway would not be permitted to provide access
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Avenue West. The Engineering Division feels that as long as the preliminary plans
onto 84
show the intent to join the loop drive to the 20’ access easement, then the details of the
reconfiguration could be dealt with at a later time during review of the civil construction
drawings.
D.ENVIRONMENTAL ASSESSMENT:
1.Topography:
The site is relatively flat (Attachment 3).
2.Soils:
According to the Soil Survey of Snohomish County Area, Washington, this
neighborhood consists of “Alderwood Urban Land Complex, 2 to 8 percent slopes” (Map
Unit Symbol 5).
3.Wildlife:
Typical of a residential environment, however no wildlife was noted during
staff’s site visit.
4.Vegetation:
The existing vegetation is typical of a single-family residence. There are
several coniferous trees slated to remain along the west and north property line, as well as
three along the east property line (these are all shown outside the clearing limits on the
grading and T.E.S.C. plan).
5.Shoreline Management:
The site is not subject to Shorelines of the State regulations.
E.NEIGHBORHOOD CHARACTERISTICS:
This site is located in a single-family neighborhood in southeast Edmonds, situated east of
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Edmonds Way, west of Highway 99 and north of 205 Street SW. Several properties along
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84 Avenue West have been short subdivided in the recent past. The zoning in the immediate
neighborhood is primarily single-family, but the area is diverse – properties across the street
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on the east side of 84 Avenue West are zoned commercial (various commercial uses include
auto repair services, offices, and retail within one block). Multiple-residential zoning lies one
block north and one block south of the site.
F.COMPREHENSIVE PLAN COMPLIANCE:
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Margaret Henson 2-Lot Short Subdivision
File Number: S-2008-14
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The Comprehensive Plan designation for this site (and the neighborhood west of 84 Avenue
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West) is “Single Family – Urban 1.” 84 Avenue West provides access to the site. 84
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Avenue West is considered a “Collector Street” north of 238 Street SW, but south of 238
Street SW (and in front of the property) it is considered a “Local Street. The City of
Edmonds Comprehensive Plan has a vision for residential development, and to achieve this
vision the applicable goals and policies are shown below:
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 to all citizens should be approached realistically in balancing economic and aesthetic
considerations, 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 of 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 use 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 development
including noise, drainage, traffic, slides, etc.
B.6.
Require that new residential development be compatible with the natural constraints of the slope,
soils, geology, vegetation and drainage.
(Comprehensive Plan, pages 53-54)
The proposal will retain the existing residence that was constructed in 1951, according to the
Snohomish County Assessor’s records, and will make way for one additional residence. The
proposed new lot will be tucked back behind the existing house, and access to the new lot
will be taken from the existing access easement (to be widened, per code) that runs adjacent
to the south side of this property. The existing older home will be retained. There are no
known views from this site. The overall proposal should not cause any adverse impacts, as it
appears to meet various code requirements, and the project appears to be consistent with the
residential development goals and policies of the Comprehensive Plan.
G.PUBLIC CONCERNS:
Two public comments have been received, both in opposition to the subdivision. The issues
are summarized below, along with a response from staff.
Rosella Olson
owns the property to the north of this site and has expressed several concerns
throughout this application process as shown in two letters (Attachment 11a). She notes that
a “recreation easement” was recorded by Ms. Henson (AFN 200802010378 shown in
Attachments 11a and 11b) without Ms. Olson’s consent and is concerned that it was never
officially “revoked.” Ms. Olson had her property surveyed and discovered that the location
of the property lines originally proposed with this application were incorrect.
Rebecca Weiss
is the attorney representing Ms. Olson, and she has submitted her concerns
with this proposal (Attachment 11b). Ms. Weiss also has concerns with the original
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Margaret Henson 2-Lot Short Subdivision
File Number: S-2008-14
subdivision proposal and the “recreation easement” that was filed with the County– she
attaches this document to her letter for review.
Staff’s Response:
Through Ms. Olson’s survey, it was discovered that the property lines shown on the original
application were indeed incorrect. Since then, the surveyor has filed an “Affidavit of
Correction” (AFN 200810090152, Attachment 5) in order to correct the short plat that was
recorded immediately south of the application at hand (Barrow: S-2005-129). The maps for
the application at hand have also been revised (submitted 1/13/09, Attachment 3).
Prior to the discovery of the surveying error, a new house was constructed on the rear lot of
the Barrow short subdivision and now has a nonconforming north “side” setback. The
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applicant has applied for a lot line adjustment to convey property from 23912 84 Avenue
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West to 23922 84 Avenue West which would make the new house at 23922 84 Avenue
West at least 7.5’ away from the side property line. The lot line adjustment application was
reviewed by staff and approved – but it has not yet been submitted for final signing and it has
not yet been recorded. This proposed lot line adjustment would affect the gross/net lot area
of the Henson short subdivision (as indicated on the maps), so the coordination of timing
between recording the lot line adjustment and short subdivision is critical to ensure that the
legal descriptions match. Either way, it appears that there is sufficient net lot area and lot
width for the subdivision of this property. The lot line adjustment is not required to be
recorded before the short plat is recorded, but the surveys will need to be adjusted
accordingly in order to reflect which one is recorded first. Prior to recording of the short plat
and the lot line adjustment, the surveys will need to show that all of the site development
standards are being met. If the lot line adjustment is not pursued, then the short plat will need
to be revised to reflect the changes.
In January of 2009, the applicant submitted revised application materials for review
(Attachment 3). The new maps no longer show the recreation easement label. Also, the new
title report no longer shows the recreation easement page. Further, the surveyor has stated
that the recreation easement has been “relinquished” (Attachment 4). However, it seems as
though it would be in both parties’ interest to clear this up by recording a document with the
County that once and for all revokes/relinquishes the previously recorded recreation
easement.
H.EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE:
1.Chapter 16.20 ECDC (RS – Single-Family Residential)
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Margaret Henson 2-Lot Short Subdivision
File Number: S-2008-14
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a.Lot Area:
The minimum (net) lot area in the RS-8 zone is 8,000 square feet.
GrossNetGrossNet
AreaAreaAreaArea
Before After
Lot Line Adjustment Lot Line Adjustment
Lot 1 9,4248,9699,4248,969
Lot 2 8,4588,2948,1708,006
The 20’ wide access easement overlaps both lots a width of 5’ – and vehicular access
easements must be deducted from gross lot area to yield net lot area. The portion of
the access easement across the south of Lot 1 is approximately 455 square feet and
the portion of the access easement across the southeastern portion of Lot 2 is
approximately 164 square feet – both of which must be deducted from the gross lot
area to yield the net lot area and clearly shown on the final documents.
Also, the pending lot line adjustment (file LL-2008-70) will need to bet taken into
account, because it affects the lot area of Lot 2 (288 square feet is proposed to be
transferred from Lot 2 to the property to the south). If the lot line adjustment is
recorded prior to the short subdivision, then the short subdivision maps will need to
be updated to reflect a loss of 288 square feet from Lot 2. If the short subdivision is
ready for final review prior to the lot line adjustment being ready for final signatures
and recording, then the lot line adjustment documents will need to be updated prior to
the final review of the lot line adjustment maps. Either way, there appears to be
sufficient lot area to move forward with the short subdivision. This will be re-
reviewed during Final submittal and this must be proven through a table that clearly
identifies proposed gross/net lot area for each lot. Net area of both lots must be a
minimum of 8,000 square feet. This has been added as a condition of approval.
b.Lot Width:
The required lot width in the RS-8 zone is 70 feet. The property is 75
feet wide, and after the proposed lot line adjustment, the western portion of the
property will be 72.5 feet at the very least, which will meet the required lot width.
c.Parking:
Pursuant to ECDC 16.20.030, a minimum of two on-site parking spaces are
required for both lots. There is sufficient room to park two cars north and east of the
existing house in the driveway. The two required parking spaces for Lot 2 will be
reviewed upon building permit submittal for a new single family home. The parking
requirements appear to have been satisfied.
d.Setbacks:
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The net area of both lots depends on the size of the necessary vehicular access easement to be recorded that would benefit Lot
2 as well as the pending lot line adjustment (approved under file number LL-2008-70, but not yet recorded). The lot line
adjustment, if recorded, would reduce the lot area of Lot 2 by 288 square feet and the access easement would further reduce
the net lot area of Lot 2 by approximately 164 square feet as shown on the maps. The 5’ wide access easement to be provided
on Lot 1 reduces the net lot area by approximately 455 square feet. Upon final short subdivision submittal, the maps will need
to reflect that both lots clearly meet all of the required development standards, including net lot area.
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Margaret Henson 2-Lot Short Subdivision
File Number: S-2008-14
Lot 1
The required setbacks for Lot 1 are as follows: 7.5’ from the north and
south “side” property lines, 25’ from the east “street” property line, and
15’ from the west “rear” property line. Setbacks measured from the
south “side” property line are taken from the northernmost edge of the
vehicular access easement. The required 5’ wide easement extension
will mean that the existing house will need to be located 12.5’ (5’ + 7.5’)
from the south property line. The existing house appears to be at least
16’ from the edge of the access easement.
If the existing accessory structure labeled “out building” is under 600
square feet in area (it appears to be approximately 522 square feet, but
this will need to be confirmed), then it is permitted to be located as close
as 5’ from the rear property line pursuant to ECDC 16.20.050.C. If it is
found to be over 600 square feet, then the west “rear” lot line for Lot 1
will need to be moved so that it is at least 15’ from the out building. All
new lot lines proposed appear to remain at least the minimum setback
distance required to this building.
Lot 2
The required setbacks for Lot 2 are as follows: 7.5’ from all property
lines. The existing shed will need to be removed, because a lot is not
permitted to contain an accessory structures without a primary structure.
Setbacks to any new structure proposed will be reviewed upon building
permit submittal. When the shed is removed, Lot 2 will meet the
required setbacks. Also, setbacks are required to be taken from the edge
of the vehicular access easement.
e.Lot Coverage:
The RS-8 zone allows a maximum of 35% lot coverage. The
proposed lot coverage of Lot 1 will be approximately 1,608 square feet which is
approximately 17%. The shed will need to be removed from Lot 2, which results in
zero lot coverage. Any future buildings or structures on either lot will not be
permitted to cover more than 35% of each lot. The project, as proposed, will meet
the lot coverage requirement.
f.Permitted Uses:
Guest houses (detached structures having no kitchen facilities used
primarily for sleeping quarters and not occupied by paying tenants per ECDC
21.35.030) are not permitted in the RS-8 zone. ECDC 21.20.050 defines “dwelling
unit” as “… a building providing complete housekeeping facilities for one family…”
Based on the size of the property, the underlying density in the RS-8 zone would
allow for, through the subdivision process, up to two lots (hence the subdivision
application at hand) – but the subdivision could not be approved if there are already
two “dwelling units” on the property. Planning must confirm, through an inspection,
that the existing “out building” is not being used as either a “guest house” or a
“dwelling unit” prior to recording. A building compliance permit (or a remodel or
demolition permit, depending on the scope of work) may be required if the out
building is not in compliance – please contact the Building Division at 425.771.0220
if you have any building permit questions. Often, a covenant is required to be
recorded in order to ensure that future owners understand the use of the structure.
g.Corner Lot Determination:
Neither lot is considered a corner lot.
h.Flag Lot Determination:
Lot 2 is considered a flag lot, as it is tucked behind Lot 1.
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Margaret Henson 2-Lot Short Subdivision
File Number: S-2008-14
2.ECDC Title 23 (Critical Areas)
A Critical Areas Checklist was submitted under file number CRA-2008-0011 and it was
determined that there are no critical areas on or adjacent to the property. Therefore, a
“waiver” from special study requirements was issued.
3.ECDC Title 18 (Public Works Requirements)
The Engineering Division has reviewed this proposal and has offered conditions of
approval. In order for the project to comply with Title 18, the Engineering Requirements
matrix (Attachment 6) must first be satisfied.
4.Chapter 20.75 ECDC (Subdivisions)
a.Environmental:
There are some large trees on site around the perimeter, and the
proposal is to keep most of them, where possible, according to the grading limits
shown on the grading plans. No streams, wetlands, or steep slopes exist on site.
Grading is minimized by the use of the shared ingress/egress easement for Lot 2 and
by the retention of the existing driveway for Lot 1. In these ways, the applicant has
attempted to minimize environmental impacts.
b.Lot and Street Layout:
The lots are designed to contain useable building area and
use a shared driveway for ingress/egress to benefit Lot 2 and the two homes to the
south (Lot 2 will access from the south when the access agreement is recorded and
widened 5 feet; Lot 1 will access from the existing northern driveway). Each lot
meets the applicable dimensional requirements of the zoning ordinance.
c.Dedications:
No dedication of land is required by the City Engineer (Attachment 5).
d.Improvements:
Improvements are required – see attached Engineering
Requirements matrix (Attachment 6).
e.Flood Plain Management:
The site is designated “Zone X” and it is not located
within a flood plain (Attachment 9).
f.Water Availability:
The Engineering Requirements matrix (Attachment 6) shows
that there are water system improvements required as a condition of the subdivision,
and new lots must connect to the public water system as a condition of new single-
family building permits. Attachment 5 notes that the applicant must meet the
requirements set forth by the Olympic View Water and Sewer District for connection
to the public water system and that public hydrant spacing shall meet the
requirements of ECDC 19.25.
g.School Safe Walk:
The Edmonds School District has reviewed this proposal and has
provided a “Safe Walk” letter (Attachment 8).
h.Modifications:
No modifications from standards were requested with this
application.
5.Chapter 20.95 ECDC (Application and Staff Review)
This permit is processed as a Short Subdivision (Administrative Staff Decision) pursuant
to ECDC 20.95.050 (Staff Decision – Notice Required). Notices of application and
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Margaret Henson 2-Lot Short Subdivision
File Number: S-2008-14
comment period were published in the Herald Newspaper, posted at the subject site, as
well as the Public Safety Complex, Development Services Department, and at the
Library. All notices were also mailed to residents within 300 feet of the site. The City
has complied with the noticing provisions of ECDC 20.95. An affidavit of mailing and
posting are included as attachments to this report (Attachment 10).
III.CONCLUSIONS:
Pursuant to ECDC 20.75.080, a proposed subdivision may be approved only if all of the
following general findings can be made for the proposal, as approved or as conditionally
approved:
A.COMPLIANCE WITH THE SUBDIVISION ORDINANCE:
1.
The proposal must be consistent with the purposes of this chapter (as listed in ECDC
20.75.020) and shall meet all requirements of this chapter.
2.
The Engineering Division has provided a list of requirements that shall be met.
3.
As conditioned, the proposal is consistent with the subdivision ordinance (see section
II.H.4 of this report).
B.COMPLIANCE WITH THE COMPREHENSIVE PLAN:
1.
The proposal must be consistent with the provisions of the Edmonds Comprehensive
Plan, or other adopted city policy, and is in the public interest.
2.
The proposal is consistent with the provisions of the Comprehensive Plan (see section
II.F of this report).
C.COMPLIANCE WITH THE ZONING ORDINANCE:
1.
The proposal must meet all requirements of the zoning ordinance, or a modification has
been approved as provided for in ECDC 20.75.
2.
No modification has been requested.
3.
As conditioned, the proposal meets the requirements of the zoning ordinance (see section
II.H.1 of this report).
a.
The shed will need to be removed prior to Final Review.
b.
There will need to be an inspection to ensure that the “out building” is not being used
as a guest house or dwelling unit. A recorded covenant would ensure that future
owners are made aware of the permitted use of the structure.
c.
The footprint of the out building will need to be provided – if it is over 600 square
feet, then setbacks must be resolved (by either demolishing the structure or by
moving the west property line of Lot 1).
d.
The timing of the filing for Final Review and recording for both the lot line
adjustment application (LL-2008-70) and the short subdivision application at hand
(S-2008-14) will need to be carefully coordinated so that their legal descriptions are
accurate and so that the development standards are clearly met.
D.COMPLIANCE WITH FLOOD PLAIN MANAGEMENT:
1.
The proposal must meet all requirements of the Edmonds Community Development Code
relating to flood plain management.
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Margaret Henson 2-Lot Short Subdivision
File Number: S-2008-14
2.
The proposal is not within a flood plain (see section II.H.4.ed of this report).
IV.DECISION OF SUBDIVISION:
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 subdivision, as proposed, is granted PRELIMINARY APPROVAL with the following
conditions:
1.
Prior to submitting documents to the Planning Division for “Final Review,” the applicant
must complete the following:
a.
Civil plans must be approved by the Engineering Division prior to recording. Complete
the Engineering Division’s conditions listed “Required Prior to Recording” on the
Engineering Requirements matrix (Attachment 6).
b.
Coordinate with the Engineering Division on the following requirements:
i.
A new 20’ access easement will need to be provided which will relinquish the
existing 15’ access easement (AFN 200605245002). Lot 1 shall not have rights of
access across the proposed 20’ access easement. A copy of the recorded easement
will need to be submitted to the City prior to request for final review and approval of
this short plat.
ii.
A portion of the loop drive will need to be maintained and widened in order to
provide the required turn-around for Lot 1.
iii.
The south end of the existing loop driveway would not be permitted to provide access
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onto 84 Avenue West. Because the preliminary plans show the intent to join the
loop drive to the 20’ access easement, then the details of the reconfiguration may be
dealt with during review of the civil construction drawings.
c.
Make the following revisions to the map:
i.
Provide easement and maintenance provisions for all new easements, including the
new 20’ access easement.
ii.
Clearly show the gross and net lot area for each lot – revise as necessary depending
on the status of the lot line adjustment (LL-2008-70) and the area of the access
easement. The net lot areas of both lots must be a minimum of 8,000 square feet
each.
iii.
Add the following statement to the face of the map: “Setbacks shown are for
reference only and vest no right.”
iv.
Add the following statement to the face of the map: “Conditions of approval must be
met and can be found in the final approval for the short subdivision located in file S-
2008-14 in the City of Edmonds Planning Division.”
v.
Include on the map all required information, including the owner’s certification, hold
harmless agreement, and staff’s approval signature blocks.
vi.
Demolish the existing shed shown on Lot 2 and delete it from the maps.
vii.
Change the owner’s address on the face of the map from “NE” to “NW.”
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Margaret Henson 2-Lot Short Subdivision
File Number: S-2008-14
viii.
Provide the footprint of the out building if it is intended to remain. If it is over 600
square feet, then the west setback will need to be resolved by either demolishing the
out building or by moving the west property line at least 15’ from the structure.
d.
Contact the Planning Division to schedule an inspection to ensure that the out building is
not being used as either a guest house or a dwelling unit (for example, no kitchen
facilities would be permitted). If any remodeling or demolition is proposed, please also
contact the Building Division to ensure permits are first obtained.
e.
If the out building is to remain, draft a covenant for recording that clearly provides notice
to future property owners that the out building is neither a guest house nor a dwelling unit
(sample 1-page covenants are available for review in the Planning Division). If the out
building is to remain, the covenant shall be recorded outlining the use of the structure
prior to final approval.
f.
If the lot line adjustment application (LL-2008-70) is submitted for final signatures and
recording before the Final Review of the short subdivision application (S-2008-14) please
update the short subdivision maps accordingly (clearly indicate area conveyed). If this
short subdivision application is submitted for Final Review prior to the lot line
adjustment, then please remove all references to the lot line adjustment in the legal
descriptions and make the necessary changes to the lot line adjustment map at a later
date.
2.
After the civil plans have been reviewed and approved by the Engineering Division,
submit documents to the Planning Division for “Final Review”:
a.
Submit a new title report for the property, current within 30 days.
b.TWO
Submit sets of revised subdivision maps for review.
c.
Submit the current “Final Review” fee.
d.
Once “Final Approval” has been issued from the City, the applicant shall take the
documents up to the Snohomish County Auditor’s Office for recording. Please make
sure that all documents to be recorded meet the Snohomish County Auditor’s
requirements for recording, including all signatures in black ink.
3.
After recording the subdivision, the applicant must complete the following:
a.THREE(3)
Provide the City of Edmonds Planning Division with copies of the
recorded subdivision (with the recording number shown). 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 6.
4.
During development of the subject site, the applicant is encouraged to retain the trees
located outside the footprints of the new residence and driveways. Any tree removal
must meet the requirements of ECDC 18.45.
V.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.
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Margaret Henson 2-Lot Short Subdivision
File Number: S-2008-14
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:
ECDC 20.105.040 and 20.105.020 describe 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 Director within fourteen
(14) calendar days after the date of the decision being appealed.
C.TIME LIMITS:
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 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.
VI.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.”
VII.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.
VIII.PARTIES OF RECORD:
Planning DivisionEngineering Division
City of Edmonds and
th
Margaret Henson
– 7019 14 Avenue NW, Seattle WA 98119
Jesse Jarrell
of Western Engineers – 13000 Highway 99 South, Everett WA 98204
th
Rosella Olson
– 319 West 105 Street, New York NY 10025
th
Rebecca K. Weiss
– 1200 5 Avenue – Suite 1810, Seattle WA 98101
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Margaret Henson 2-Lot Short Subdivision
File Number: S-2008-14
IX.ATTACHMENTS:
1.
Zoning & Vicinity Map
2.
Land Use Application
rd
3. Revision Dated 12-24-08, Received 01-13-09)
Preliminary Short Plat Map (3
4.
Letters from the Applicant
5.
Affidavit of Correction for S-2005-129
6.
Engineering Requirements Matrix
7.
Traffic Impact Analysis
8.
School District Letter
9.
FEMA Flood Insurance Rate Map
10.
Notice of Mailings & Postings
11.
Public Comment Letters
a.
Rosella Olson
b.
Rebecca Weiss
12.
Title Report
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