Variance Criteria.pdfLAND
SURVEYING
*HAA RO+" I MAr*'ESEINNC
December 28, 2016
City Review Staff
City of Edmonds
Development Services Department
121 5th Ave N
Edmonds, WA 98026
RE: Variance Criteria — Declarations of Compliance
Review Team:
CIVIL ENGINEERING
The applicant — Westgate Woods LLC, is applying for a height variance in conjunction with an ADB
application. The purpose of this document is to describe the property and, the need for the variance, the
exact variance requested and how the variance proposal complies with the criteria for approval.
Site Description:
The site is located at the intersection of 228th Ste SW, 95th Place West, and Edmonds Way and is comprised
of two tax lots. The project site area is 25,237 square feet (0.58 acres). The site is zoned RM 1.5. The site
is bounded on three sides by developed rights of way, is triangularly shaped and is almost entirely below the
elevations of the surrounding streets and properties. The vegetation is a combination of grasses, tress and
both native and ornamental plantings that have not been maintained in decades. The site is currently vacant
other than an old house foundation. There is evidence of previous filling and excavation, probably related to
a quarry project in the late 180O's that affected the Edmonds Way Corridor from around the intersection of
100th Ave West to near the intersection of 232nd St SW. The quarry operation was followed by road way
development around the site, which appears to have affected the site, then the development and subsequent
removal of a house on the site, followed by the redevelopment of Edmonds Way, which raised the south
property line elevation of the subject site.
Development proposal:
The applicant is proposing to develop the site with two five -unit townhouse buildings. This development will
require the installation of an access drive aisle, stormwater management and utilities. Due to the odd shape
and topography of the site, the installation of the access and stormwater will require elevating the site, which
will in turn affect building heights and subsequently affect roof design. The applicant is submitting
preliminary storm, grading and utility plans as well as a height variance with this application.
As the site is lower than the road, stormwater was a particular concern. In this case, the geotechnical
engineer recommended infiltration. The applicant is pursuing infiltration in this case, but also is proposing an
adequate overflow. The existing 36inch concrete stormwater pipe located in Edmonds Way has an invert
depth low enough for us to connect for adequate overflow for large storm events.
Variance:
The site characteristics lead us to a building height variance for several reasons. First, the fact that the
property is below street level leads to access problems. The access solutions require filling of the site at the
location for the drive aisle, which effectively sets a finished floor elevation for the garage floors, which
effectively sets a required low point for each dwelling unit. This sets the dwelling unit well above the original
grade, handicapping the development in a way no other property in the same zone in the same vicinity is
C:\Users\johnb\Dropbox\Projects\Westgate Woods\2016 12 20 1st Submittal set\Variance\VarainceAocx
ISLAND COUNTY
840 SE 8th Avenue, Ste. 102
Oak Harbor, Washington 98277
lel: (360) 675-5973 /fax: (360) 675-7255
SNOHOMISH COUNTY
125 East Main Street Ste. 104
Monroe, Washington 98272
lel: (360) 794-7811 / fax: (360) 805-9732
Anticipate / Understand / Guide / Deliver
www.Harmseninc.com
SKAGIT COUNTY
603 South First Street
Mount Vernon, Washington 98273
lel: (360) 336-9199 /fax: (360) 982-2637
Westgate Woods Narrative 12/23/2016
PAGE 2OF4
handicapped. Second, the site characteristics force the building to be stepped. Since the height is
measured from original grade, and since it is measured as an average of the building site, the average
elevation ends up lower than the finished floor elevation as the building works its way up the slope. Third, in
addition to making the drive aisle slope work, fill is required at the south end and at the east end of the drive
aisles to force positive flow into the bio -infiltration cell. The grading to achieve positive drainage effetely
raises finished floors of both buildings, once again handicapping this project in a way that others in the same
zone and in the vicinity would not be handicapped.
Specific Request:
The applicant proposes two new five (5) unit townhouse buildings. As noted on the site plan, building A is to
be located near the western property line and building B is to be more centrally located south of 228th St SW
and east of building A.
Building A:
Allowed height 30 feet with a 4:12 or steeper roof pitch
Elevation of maximum allowed height per applicant provided Height Calcs:
293.6
Elevation of proposed building height:
300.75
Proposed variance in feet to exceed the allowed height limit by:
7.15
Building B:
Allowed height 30 feet with a 4:12 or steeper roof pitch
Elevation of maximum allowed height per applicant provided Height Calcs:
295.5
Elevation of proposed building height:
301.5
Proposed variance in feet to exceed the allowed height limit by:
6.0
Variance Criteria (ECDC 20.85.010)
A. Special Circumstances. That, because of 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.
1. Special circumstances include the size, shape, topography, location or surroundings of the property, public
necessity as of public structures and uses as set forth in ECDC 17.00.030 and environmental factors such as
vegetation, streams, ponds and wildlife habitats.
Applicant's Response:
There are two special circumstances on the subject property that qualify in the above criteria: The shape of
the lot and the topography. The subject property is nearly triangular shaped and is bounded on three sides by
streets. This combination of odd shape and setbacks on three sides creates a special circumstance creating
incredible difficulty in siting a building on the property.
The topography of the site also creates a special circumstance. The three streets and the western property
line are all higher in elevation than the subject property. Thus any access to the property must create a
transition down into a depression. This topographical challenge is compounded by the surround road and
traffic patterns. Edmonds Way is an arterial State highway that would be dangerous to access. 95th Place W
does not provide enough frontage on the property to allow for a safe access. The only remaining access point
is at the west side of the frontage of 228th St SW. This is also the most topographically challenging location to
place an access.
Designing an access point requires a vertical transition from the right of way into the site. Additionally, the
access is limited in how steep it can slope while still provide access to the buildings. The site slope has been
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Westgate Woods Narrative 12/23/2016
PAGE 3OF4
designed to achieve the maximum slope that will allow garage doors to continue to function adjacent to the
drive aisle. This slope results in building finished floors that are significantly higher than the original site
grade.
Additionally, the site shape forces the buildings to be placed adjacent to the access drive aisle. Since the
access drive aisle needs to slope down for the grade, Building A must stair step up the fill slope closer to 228th
St SW, increasing elevation separation between original grade and the finished floors of the units.
These special circumstances are unique to the subject property when compared to other properties in the
vicinity in the same zoning.
2. 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;
Applicant's Response:
The special circumstances is purely based on the shape of the lot and the topography, not to any factor
personal to the owner.
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;
Applicant's Response:
The applicant is requesting relief based on the site characteristics. Not because of any factor personal to the owner.
The characteristics are unique as compared to other properties in the vicinity. Below we show how the request
meets the each of the remaining criteria. Because of the compliance with each of the criteria, the approval of the
requested variance would not be a grant of special privilege.
C. Comprehensive Plan. That the approval of the variance will be consistent with the comprehensive plan;
Applicant's Response:
The applicant is proposing to provide multiple family dwelling units along the Edmonds Way Corridor. This area is
designated of larger multiple family buildings. The applicant has proposed buildings that comply with the general
design guidelines found in the comprehensive plan and in the zoning code. Therefore, this proposal will be constant
with the comprehensive plan.
D. Zoning Ordinance. That 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;
Applicant's Response:
The applicant is proposes to develop a property zoned for multiple family use with multiple family buildings. The
project complies with all use elements of the zoning code.
E. 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 same zone;
Applicant's Response:
The most common detrimental object to height variances is blocking a scenic view. The subject site and
surrounding properties have no scenic views. The second most common concern is building massing. The
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PAGE 4OF4
proposed development massing will be similar to a compliant development constructed on a flat lot. In addition, the
development site is located along Edmonds Way. This area is a multiple family and commercial high use corridor
along a high intensity arterial street, The development will be similar to and smaller than most other developments
along this corridor. S the massing will not be out of proportion. And finally, there is likely to be one asset for the
neighboring houses to the north across 22811' St SW.. Currently these dwelling units are buffered from Edmonds
Way only by vegetation, Vegetation provides an inadequate sound buffer. The proposed buildings would provide a
much more substantial sound buffer for the existing dwellings. Therefore, the proposed variance will not create a
detriment.
F. 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.
Applicant's Response:
The applicant is request approval of a development to build 10 dwelling units on a site where 16.8 dwelling units
would be allowed by the. zoning. However, due to the difficulties with topography the shape and the surrounding
roads, the applicant is proposing only 10 dwelling units. Without these special circumstances the site would
accommodate several additional dwelling units. The applicant is only asking for height variance to allow for
townhouses with a garage below and two living space floors above as has been built throughout. Edmonds in this
same zone. The applicant has not requested a variance that would allow the applicant to recapture the density that
is lost due to the special circumstances found on the site.
Thank you for your considered review of this project. Please contact me at your earliest convenience with any
questions or concerns.
Sincerely
John Bissell, AICP
Planning Director
Harmsen & Associates, Inc.
C:\Users\johnb\Dropbox\Projects\Westgate Woods\2016 12 20 1st Submittal set\Variance\Varaince.docx