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Ordinance 2060ORDINANCE NO. 2060 AN ORDINANCE OF THE .CITY OF EDMONDS, WASHINGTON, ADDING A NEW DEFINITION OF "FLAG LOT" TO SECTION 12.12.130 OF THE EDMONDS CITY CODE; AND ADDING A NEW SECTION 12.13.050(k) AUTHORIZING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO ESTABLISH THE FRONT YARDS FOR FLAG LOTS AND ESTABLISHING THE PRO- CEDURES THEREFOR. WHEREAS, the Edmonds Planning Commission has held a public hearing regarding the following amendments to the Edmonds Zoning Code and has forwarded its recommendations to the City Council in Resolution No. 615, and WHEREAS, the City Council after public hearing, has determined that the following amendments are in the best interest of the public health, safety and general welfare, and having determined that there will be no significant adverse environmental impacts, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new definition of "Flag Lot" is hereby added to Section 12.12.130 of the Edmonds City Code to read as follows: "LOT, FLAG. "Flag Lot" or pipestem lot or panhandle lot means a lot which has a frontage of less than one-half (1/2) of the minimum lot width on the principal street or principal access easement." Section 2. A new section 12.13.050(k) is hereby added to the Edmonds City Code to read as follows: "(k) Yards for Flag Lots. (i) The Director of Community Development or his designee shall deter- mine the location of the front yard of a flag lot -1- to provide adequate building area, preservation of open spaces and views and conformity with sur- rounding yards and uses. In reaching the decision the Director of Community Development or his designee shall consider, among other things, the following factors: 1. Vehicle manuvering space; 2. Topography of the lot and surrounding area; 3. Shape of the flag lot; 4. The location and size of adjoining yards and structures. (ii) In the case of a planned residential development, subdivision or short subdivision, the determination of the front yard for a flag lot shall be made prior to the first public hearing. The front yard of the flag lot shall be clearly designated on the plat, short plat or planned residential development plan. (iii) In the case of flag lots which have been previously subdivided without a designation of front yard location, the Director of Community Development or his designee shall make the deter- mination at the time of application for the building permit. (iv) The determination in the case of flag lots which have been previously subdivided (see iii above) shall be reduced to writing, be signed and dated, and shall include a record of the findings of fact and reasons for the decision. The written decision shall be placed in the appropriate Department of Community Development file and a copy sent to the applicant. Written notice of the determination shall be posted on or near the subject property on the date the determination is reduced to writing and signed. The notice shall describe the location of the yards and shall advise that any person wishing to appeal the Director of Community Develop- ment's determination must make written application to the Edmonds Board of Adjustment within 15 days of the effective date of determination. The determination shall become effective on the 16th day following its posting unless a written appeal is made to the Board of Adjustment within the prescribed appeal period. -2- Section 3. This Ordinance shall be in full force and effect five (5) days after passage and posting as provided by law. APPROVED: MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRENFeVARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED TH THE CITY CLERK: March 21, 1979 PASSED BY THE CITY COUNCIL: March 27, 1979 POSTED: March 28, 1979 EFFECTIVE DATE: April 2, 1979 -3- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) Irene Varney Moran , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. On the 28th day of March , 1979 , affiant posted true and correct copies of the attached Ordinance No. 2060, passed by the City Council on the March 27th day of , 1979 , at the three official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmond Branch of the United States Post Office 201 Main Street Edmonds, Washington 98020. DATED this 28th day of March , 1979 . SUBSCRIBED AND SWORN to before me this a k` day of 197 N'bta Public in and for the State of Washington, residing at