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V-93-11 HE Decision.pdfg90 -19y - V CITY OF EDM ONDS LAURA M. HALL 250 - 5TH AVE. N. - EDMONDS, WA 98020 - (206) 771-0220 FAX (206) 771-0221 MAYOR HEARING EXAMINER � FIADINGS AND DECISION . OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION FILE. OF URSULA SCHLUTER FOR APPROVAL OF A VARIANCE DECISION: The variance is granted subject to conditions listed. Ursula Schluter, 21701 - 80th Avenue West, #4, Edmonds, Washington 98026 (hereinafter referred to as applicant) , requested approval of a variance for an increase in the maximum permitted height allowed for a structure in an RS -20 zone and a variance from the setback standards for RS -20 zoned property. The request for the variances is for the property at 15620 - 75th Place West, Edmonds, Washington. A hearing on the request was held before the Hearing Examiner of the City of Edmonds, Washington, on April 1, 1993. STEPHEN BULLOCK Planning Dept. City of Edmonds Edmonds, TALk 98020 PHILLIP BROWN 15010 N.E. 9th Place Bellevue, WA 98007 At the hearing the following exhibits were submitted and were admitted as part of the official record of this proceeding: Exhibit I ® Staff Report with the following attachments: A. Vicinity/Zoning Map B. Application C. Site Plan D. Elevation and floor plans E. Critical areas checklist G. Environmental memorandum H. Environmental checklist I. Environmental determination J. Comments from Engineering Department K. Comments from Fire Department L. Comments from Parks Department e Incorporated August 11, 1890 4 HEARING EXAMINER DECISION RE: V-93-11 4/14/93 Page 2 Exhibits continued: M. Comments from Public Works Department. After due consideration of the evidence presented by the Applicant, and evidence elicited during the public hearing, the following Findings of Fact and Conclusions constitute the basis of the decision of the Hearing Examiner. FINDINGS OF FACTS 1. The applicant is the owner of the property at 15620 - 75th Place West, Edmonds, Washington. She seeks variances from the maximum height standards for structures on the property and from the setback standards. 2. The subject property is zoned RS -20. It has a land use designation as set forth in the Comprehensive Plan as low-density residential. The lot is located in the middle of the area of the City of Edmonds. 3. It is the intent of the applicant to develop a residence on the property. Because of the slope conditions of the lot the requested variances are needed. 4. It is the intent of the applicant to develop a bridge and driveway off 75th Place West. Because it will be considered a structure attached to the house, it is subject to the zoning standards of RS -20 zoned property. As a result, it is necessary for the applicant to secure a variance from the street setback standards. The applicant seeks a zero foot setback. 5. The Meadowdale area contains steep and unstable slopes. The subject property has a steep slope between 75th Place West (which it fronts) and the Burlington Northern Railroad right of way immediately to the west. As a result of the steep slopes, it is necessary for the applicant to develop the property as close to the 75th Place West right of way as possible. As a result, the applicant needs a setback variance to access the house via a driveway bridge to the garage. In addition, a height variance is needed to reduce the slope of the driveway bridge from the property line to the garage. 6. In order for a variance to be granted within the City of Edmonds, the criteria of the Edmonds Community Development Code (ECDC) 20.85.010 must be satisfied. These criteria include: HEARING EXAMINER DECISION RE: V-93-11 4/14/93 Page 3 A. Because of the special circumstances relating to the property, the 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. B. 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. The approval of the variance will be consistent with the Comprehensive Plan of the City of Edmonds. D. The approval of the variance will be consistent with the purposes of the zoning ordinance and the zone district in which the property is located. E. 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 same zone. F. The requested variance is the owner the rights enjoyed vicinity with the same zoning. (ECDC) the minimum necessary to allow by other properties in the 7. A twenty-five foot street setback is required for RS -20 zoned properties. This requirement is pursuant to the provisions of ECDC 16.20.030. 8. The subject property is undeveloped. However, because of the steep and unstable slopes and the limitation of development on the west end of the site, there is a need for a variance from the street setbacks. 9. The single family residence can be developed to all other setbacks of RS -20 zoned properties. However, the proposed bridge that will provide access from the garage to the house must be developed within the setback. Without the setback variance, access to the structure will be limited. 10. ECDC 16.20.030 establishes the maximum height of twenty-five feet for the primary structure on site. This height standard is established by measuring from the average existing grade of the proposed building footprint. Because of the slopes of the site, the average grade is significantly lower than if the property were HEARING EXAMINER DECISION RE: V-93-11 4/14/93 Page 4 developed on level land. As a result, a variance is needed in order for the applicant to develop the structure. 11. The residence will have the garage on the top floor of the structure. The structure will have a flat roof and will be approximately one foot below the street level of 75th Place West. However, a variance of an additional three feet in height is needed in order to provide an accessible driveway and garage at a slope that is within the code. 12. Special circumstances that exist on the subject property to necessitate the grant of the variance from the setback standards and the height standards include the steep slope of the site. The severity of the slope creates limitations on the development of the site and restricts access to the site by car. With the use of the setback variances and the height variances this access can be achieved. 13. The grant of the variance will not be a grant of a special privilege. It is allowance of the applicant to develop the property in a manner similar to other properties that have been developed in the area. The other properties in the area also have severe slope issues. 14. The grant of the variances will not be contrary to the intent of the zoning code or the Comprehensive Plan. The variances will allow the site to be developed with a single family structure consistent with the -Comprehensive Plan designation of low-density residential. 15. The requested variances will not be detrimental to other properties in the area. It will not block views and will not create disruptions for the enjoyment of other properties. 16. The requested variances appear to be a minimum variance request. 17. No adverse testimony was received at the public hearing. 18. The applicant indicated that special engineering will be required to develop the site. These will include piers/pilings. 19. The Planning Department of the City of Edmonds recommended approval of the variances subject to the conditions listed in the Staff Report (admitted as exhibit one). 20. The subject property is designated as part of the critical areas of the City of Edmonds and is subject to the review of ECDC 20.15(b). The applicant submitted a critical areas checklist and HEARING EXAMINER DECISION RE: V-93-11 4/14/93 Page 5 the City issued a waiver from the requirements to prepare a critical areas study. As a result, the applicant has satisfied the critical areas review requirements. 21. The City of Edmonds was designated the lead agency for the environmental review of the proposal. A determination of nonsignificance was issued by the City on March 23, 1993. As the date of the hearing, no appeal had been filed of the DNS. CONCLUSIONS 1. The application is for the approval of variances from the setback standards and height standards for RS -20 zone for the development of a residence at 15620 - 75th Place West, Edmonds, Washington. The requested variances are for a increase in the maximum height in the structure from twenty-five feet to twenty- eight feet and a allowance of a construction within the street setback. The street setback variance requested is zero. 2. In order for a variance to be granted within the City of Edmonds, the criteria of ECDC 20.85.010 must be satisfied. These criteria have been identified in the Findings of this document and the manner in which they are satisfied has also been addressed. The Findings relating to the manner in which the criteria are satisfied are hereby adopted as the Conclusions in support of the variances. 3. The Hearing Examiner of the City of Edmonds has jurisdictional authority to hold a hearing and to issue a decision based on the authority granted in ECDC 20.100.010(b). DECISION Based upon the preceding Findings of Facts and Conclusions, the testimony and evidence submitted at the public hearing, and upon the impressions of the Hearing Examiner at a site view, it is hereby ordered that the requested variances for the development of the property at 15620 - 75th Place West, Edmonds, Washington are granted subject to the following conditions: 1. The height variance for the development of a single family residence on site is granted. The height of the structure shall not exceed twenty-eight feet. 2. The street setback for the development of the subject property is reduced to zero feet. The street setback shall be for the development of the driveway/bridge to provide 8 HEARING EXAMINER DECISION RE: V-93-11 4/14/93 Page 6 0 access off 75th Place West. The actual residence on the subject property shall not be developed within the street setback. 3. This application is subject to the applicable requirements contained in the ECDC. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. Attachments 9 through 12 are provided in this report to familiarize the applicant with some of the additional development regulations. These attachments do not include all of the additional regulations. 4. The applicant shall obtain a building permit prior to construction. 5. The permit should be transferable. Entered this 14th of April, 1993, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. Jp4MS M. DRISCOLL ring Examiner NOTICE OF RIGHT TO APPEAL Written appeals alleging specific error of fact or other grounds for appeal may be filed with the Planning Department, City of Edmonds, Civic Center, Edmonds, Washington 98020, within fourteen (14) days of the date of the Hearing Examiner's final action. In this matter any appeal must be received by the Department prior to 5:00 p.m. on April 28, 1993.