Willowdale PLN20130039.pdfCITY OF EDMONDS -- PLANNING DIVISION
COMMENT FORM
0 PW -Engineering Fire PW - Maintenance 11 Forks & Rec. 11 Building
11 Economic Dev. 11 Parks Maintenanct
Project Number: L N\,I201,3 Q 0
Applicant's Name:
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Property Location: 207'34 76"''
`4 AVE.ala
Date of Application :_5 �23 �201 3 Date Form Routed:Y1,
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Zoning _,tv`,I, J Ll," A
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Project Description :_\/A A C " F 0 R 4 0' F E N C E
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**PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE
THIS FORM WAS ROUTED: rDUE BY..6/ P913
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If you have any questions or need clarification on this project, please contact:
Responsible Staff: J`,0dH,,`,E Ext. '� 3 3, 0
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Name of Individual Submitting Co
Title:
I have reviewed ewed this /and use proposal I have reviewed this land use proposal
for my department and have for my department and have
concluded that IT WOULD NOT AFFECT concluded that IT WOULD AFFECT MY
MY DEPARTMENT so I have no DEPART ENT so / have provided
comments. My department may also comments or conditions below or
review this project during the building attached.
permit process (if applicable) and
reserves the right to provide additional
comments at that time.
Comments (please attach memo if additional space is needed):
The following conditions should be attached to this permit to ensure compliance with the
requirements of this department (please attach memo if additional space is needed):
Date:
Signature:
Phone/E-mail:
City of Edmonds
Land Use Application
L ARCHITECTURAL DESIGN REVIEW • ' •
L COMPREHENSIVE PLAN AMENDMENT
I I CONDITIONAL USE PERMIT FILE # v 1 01: -' `Q ZONE L
L HOME OCCUPATION DATE S Z i> REC'D BY C
0 FORMAL SUBDIVISION
L SHORT SUBDIVISION FEE E > ✓ RECEIPT # �1 5 <„
L LOT LINE ADJUSTMENT HEARING DATE
L PLANNED RESIDENTIAL DEVELOPMENT
L OFFICIAL STREET MAP AMENDMENT L50E L STAFF L PB L ADB J CC
I__l STREET VACATION RECEIVED
F REZONE
L SHORELINE PERMIT
RI VARIANCE / REASONABLE USE EXCEP'T'ION"6'eV 20113
I OTHER:
DEVELOPMENT SERVICES
® PLEASE NOTE THAT ALL INFORMATION CONTAINED WITH&0, LICATION IS A PUBLIC RECORD
20134
PROPERTY ADDRESS OR LOCATION 20 76th AVE WEST
PROJECT NAME (IIF APPLICABLE) WILL OWDALE TOWN HOMES (PLN20080001)
PROPER'L'Y OWNER WASHINGTON FEDERAL PHONE # 206 777-8354
ADDRESS 425 PIKE ST CF�_A_o__rTTB E I A 99104
E-MAIL RICKA.GERSTMANN@WAFD.COM FAX
TAX ACCOUNT # 011223-000-010-00 & 006143-000-010-00 SEC. 19 TwP. 27N RNG. 4E
DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY)
SEE ATTACHED COVER LETTER
DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY)
SFE ATTACHED COVER I ETTE13
APPLICANT WASHINGTON FEDERAL PHONE 206777-8354
ADDRESS 425 PIKE ST SEATTLE WA 98101
E-MAIL RI(.aKA_GERriTMANN@VVAFD COM FAX#
CONTACI'PERSON/AGENT WA`lNE POTTER. NOVASTAR DEV INC PHONE 425251-6110
ADDRESS 18215 72ND AVE S KENT WA 98032
E-MAIL WPOTTER@NOVASTARDEV.COM FAX #425 251-8782
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 to filet is appicat
Io r� behalf o .�e. owner aslisted
,bbelow. l�SIGNATURE OF APPLICANTAGIN), 9,AfE
,. ...
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Pr er%y
Owner's Authorization
Washington tl t the lo inn p
certify under the penalty of perjury under the laws of the State of
ollowing is a true and correct statement: 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 PrPand
,sof in"tion
� nPo� mg
a en�antto this application.
SIGNATURE
SIGMAIURE OF OWNER
I
DATF, �I N
Questions? Call (425) 771-0220.
Revised on 8/22/12 B - Land Use Application Page 1 of 1
n° E
Willowdale Townhome Fence Variance , K13
Variance Criteria/Findings
ECDC 20.85.00 ''' ` VE CH;
if' T
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.
Special circumstances include the size, shape, topography, location or surroundings of the
property, public necessity as to public structures and uses and environmental factors such as
vegetation, streams, ponds and wildlife habitats.
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.
Comment: The project site was approved for a 17 -Unit Townhome Project (four buildings) in
2008 known as the Willowdale Townhome Development under City File No. PLN20130015. To
date, the previous owner (Murphy) constructed the four -unit building which is located along the
west property line (a.k.a. Building 4 / Building Permit No. 20080355).
As required by the City, all associated driveways, landscaping, and utility improvements have
been completed and accepted. Upon completion of Building 4, the previous owner obtained a
certificate of occupancy (for all units) from the City Building Department and sold three of the four
units to individuals. These units have been privately owned and occupied for two to three years.
The fourth unit is owned by the applicant (Washington Federal) and is being leased.
In conjunction with the site development, the property owner elected to match the existing grades
of the adjoining development to the south (Willowdale Gardens). To accomplish this, the
previous owner of the Willowdale Townhomes constructed a short retaining wall (less than 4 feet)
to match the existing concrete wall to the south and also installed a 6 -foot cedar fence on the top
of the wall (similar to the fence constructed at Willowdale Gardens). Please reference the
enclosed site photographs.
Washington Federal obtained ownership of the unsold unit of Building 4 and the undeveloped
portion of the property as a result of a foreclosure action and inherited several outstanding issues
that were not resolved by the previous owner/borrower. Upon obtaining ownership, Washington
Federal has been working diligently to finalize all of the outstanding issues (which has been
accomplished) and has been working with the owners of the three sold units with respect to the
HOA requirements.
As a result of finalizing the various City punchlist items, it was brought to our attention that the
existing 6 -foot fence installed by the previous owner (over three years ago) along the west
property line is in violation of ECDC 17.30.00O.D that requires a fence installed above a retaining
wall be no more than 4 feet in height. Therefore, the City is requested that the fence be reduce in
height by 2 feet.
Due to the fact that the current owners have enjoyed the use of the existing fence for
approximately three years, they do not want the fence reduced and believe that due to the special
circumstances surrounding the installation by the previous owner and for the fact that the
adjacent property to the south (Willowdale Gardens) was permitted to install a similar wall and
6 -foot fence, that a variance in this particular case is justified and warranted to allow a 6 -foot
fence height to remain.
- 1 - 9865.007.doc
2. 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.
Comment: If the variance is denied, the existing property owners will be denied the right to keep
an existing 6 -foot fence which is similar to the existing fence being allowed for the adjacent
property owner(s) to the south; Willowdale Gardens. In granting this variance, the Willowdale
Townhome residents will be allowed to continue to use a fence that was installed by the previous
developer to match the adjacent property to the south and would not constitute a special
privilege.
3. Comprehensive Plan. That the approval of the variance will be consistent with the
Comprehensive Plan.
Comment: By approving the proposed variance to allow the existing height of the 6 -foot fence to
remain, there would be no impact to the City Comprehensive Plan and Policies. As referenced
earlier, the property to the south was allowed to install a 6 -foot fence above a retaining wall.
4. Zoninq 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.
Comment: The proposed variance would not impact the intent or uses allowed in the zoning
code affecting the subject property, including any future uses of surrounding property.
5. 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.
Comment: There will be not impact to adjacent property owners (value, view, or surrounding
use) by approving the proposed variance or be harmful to any person on the property or
surrounding properties.
6. 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.
Comment: As discussed earlier, Washington Federal inherited the existing fence height conflict
as a result of a foreclosure action with the previous property owner. As an "innocent purchase"
of the property, Washington Federal was not aware of the conflict and in good faith is trying to
resolve an outstanding issue that not only affects them, but affects the owners of the three units
that were purchased several years ago from the previous owner/developer.
These three property owners purchased their townhome units with the understanding the existing
6 -foot fence along the west property line was installed for their benefit and would remain. After
several years of use, the property owners are now being told that the height of the existing 6 -foot
fence (which provides screening/privacy) must be reduced to 4 feet. The remedy for this innocent
purchaser issue for all parties is for the City to issue a variance allowing the height of the existing
Willowdale Townhome fence to remain at 6 feet (which is similar to the fence being enjoyed by
the adjacent project of Willowdale Gardens).
- 2 - 9865.007.doc
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EXISTING FENCE & WALL
OF NEIGHBORING
PROPERTY ALONG SOUTH
PROPERTY LINE
(WILLOWDALE GARDENS)
FENCE ALONG WEST
PROPERTY LINE OF
WILLOWDALE
TOWNHOMES
H UNIT
DG 4
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