2020-10-08 Hearing Examiner DecisionI
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CITY OF EDMONDS
121 51h Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
BEFORE THE HEARING EXAMINER FOR THE CITY
OF EDMONDS
Phil Olbrechts, Hearing Examiner
RE: Distinctive Dentistry FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISIO
Conditional Use (PLN2020-0039)
INTRODUCTION
Zachary Streit ("Applicant") has requested approval of a conditional permit
application to relocate his dental practice to 22815 Edmonds Way into an existing
building without any exterior modifications. The application is approved subject to
conditions.
SUMMARY OF TESTIMONY
Note: This hearing summary is provided as a courtesy to those who would benefit from
a general overview of the public testimony of the hearing referenced above. The
summary is not required or necessary to the recommendation issued by the Hearing
Examiner. No assurances are made as to completeness or accuracy. Nothing in this
summary should be construed as a finding or legal conclusion made by the Examiner
or an indication of what the Examiner found significant.
Staff Presentation
Michele Q. Szafran, City of Edmonds Planner, summarized the staff report. She noted
that as of the date of hearing no public comments had been received. In response to
examiner questions, Ms. Szafran stated that staff had not come across anything that
Conditional Use P. 1 Findings, Conclusions and Decision
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would create any impacts that would differ from prior use, which was a naturopathic
clinic. Traffic will be addressed during building permit review. She surmised that
without any exterior changes to the site it's unlikely that any off -site road
improvements would be necessitated by the project.
Alexander Taam, Freiheit Architecture, on behalf of the Applicant, noted that there
would be no exterior changes and only minor changes to the interior. Waiting rooms
would be located in the bottom floor and office space in the top floor.
EXHIBITS
The following exhibit was admitted into the record during the October 8, 2020 public
hearing on the application:
Exhibit 1 Staff Report dated August 19, 2020 w/8 attachments (listed on page 10
of the Staff Report)
FINDINGS OF FACT
Procedural:
1. Applicant. Zachary Streit (Applicant) / Alexander Taam Freiheit Architecture
(Contact), 929 108th Ave NE STE 210, Bellevue, WA 98004.
2. Hearing. A hearing on the subject applications was held on October 8,
2020 at 3:00 pm in the Council Chambers of the Edmonds Public Safety Complex.
Substantive:
3. Site and Proposal Description. Zachary Streit ("Applicant") has requested approval
of a conditional permit application to relocate his dental practice to 22815 Edmonds
Way in an existing building and proposes no exterior modifications. The building and
property has been used as an office since approximately 2012. In 2012 a building permit
was issued under BLD2012-0185 for an office use.
The subject application is for a conditional use permit for the proposed use only, and
does not include design review nor review of any applicable building permit
applications. All changes that are proposed to be made to the site, including but not
limited to, any modifications to the existing structures, changes to the site layout, and
landscaping will be reviewed under applicable building permit and design review
applications.
4. Characteristics of the Area. The properties west and south of the project site, lying
west of 95th PL. W. and south of Edmonds Way are within the Multi -Family
Residential zoning district, RM-1.5. The site west of 95th PL. W. is currently
Conditional Use p. 2 Findings, Conclusions and Decision
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undeveloped, and the properties south of Edmonds Way are developed with multi-
family housing. The property lying north of the project site and north of 228th St. SW
is zoned RS-8, and the property directly east of the project site is zoned RM 1.5 and
RS-8. These properties are currently developed as parking for the existing church
located east of the subject property. There are existing single-family residences at the
northwest corner of 95th PL. W. and 228th St. SW.
5. Adverse Impacts of Proposed Use. The proposal will not create any significant
adverse land use impacts. This conclusion is fairly inherent from the nature of the
proposed use and the lack of any exterior modifications to the building site. Prior use
was a naturopathic clinic. There is nothing from the record to suggest that the proposed
use will create any change or increase in impacts to the Edmonds community or
surrounding properties. Traffic impacts from any increase in trip generation will be
addressed in a traffic impact fee analysis conducted during building permit review, as
recommended by the Engineering Division and required by the conditions of approval
of this decision. According to the staff report, there are no critical areas located at the
project site and, in any event, no impacts would be anticipated to critical areas if they
did exist since no exterior modifications are proposed. The majority of the site is
covered by the existing building and pavement for the parking and access drives. As a
developed urban environment there is minimal opportunity for wildlife habitat to exist
on the subject site. As confirmed by staff, the conduct of a dental practice does not
involve any impacts that are likely to adversely affect surrounding uses. As assessed
in the staff report, the proposal complies with existing parking standards, which
establishes that the proposal will be served by adequate parking.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ECDC 20.01.003 provides that the hearing
examiner will hold a hearing and issue a final decision on conditional use permits.
Substantive:
2. Zoning Designations. The site is zoned Planned Business (PB).
3. Permit Review Criteria. Conditional use permit criteria are governed by
ECDC 20.05.010. All applicable criteria are quoted in italics below and applied
through corresponding conclusions of law.
ECDC 20.05.010: No conditional use permit may be approved unless all of the findings
in this section can be made.
A. That the proposal is consistent with the comprehensive plan.
Conditional Use p. 3 Findings, Conclusions and Decision
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4. The criterion is met for the reasons identified in Section IX of the staff
report.
ECDC 20.05.010(B): Zoning Ordinance. That the proposed use, and its location, is
consistent with the purposes of the zoning ordinance and the purposes of the zone
district in which the use is to be located, and that the proposed use will meet all
applicable requirements of the zoning ordinance.
5. The criterion is met. The proposed dental clinic use is authorized as a
conditional use in the BP zone per ECDC 16.53.010(C)(1). Since a building permit
was issued in 2012 for the building currently at the site and no exterior modifications
are proposed, that building permit approval serves as prima facie evidence' that the
proposal complies with all zoning code development standards.
ECDC 20.05.010(C): Not Detrimental. That the use, as approved or conditionally
approved, will not be significantly detrimental to the public health, safety and welfare,
and to nearby private property or improvements unless the use is a public necessity.
6. The criterion is met. As determined in Finding of Fact No. 5, the proposal will not
create any significant adverse impacts, which includes impacts to adjoining property
owners.
ECDC 20.05.010(D): Transferability. The hearing examiner shall determine whether
the conditional use permit shall run with the land or shall be personal. If it runs with
the land and the hearing examiner finds it in the public interest, the hearing examiner
may require that it be recorded in the form of a covenant with the Snohomish County
auditor. The hearing examiner may also determine whether the conditional use permit
may or may not be used by a subsequent user of the same property.
7. The conditional use permit is authorized to run with the land. The
Applicant has indicated the desire for the requested conditional use permit to be
transferable and run with the land (Attachment 2). Staff has recommended the granting
of this request and there is no evident reason to deny the request.
DECISION
The conditional use permit is approved subject to the following conditions:
' Even if the existing building had failed to comply with zoning standards at the time the 2012 building
permit was approved, zoning compliance as of that date could no longer be contested since the 2012
building permit was not timely appealed. See Habitat Watch v. Skagit County, 155 Wn.2d 397 (2005).
Consequently, the 2012 building permit, absent any exterior modifications, is fairly conclusive as to the
building's compliance with zoning standards.
Conditional Use p. 4 Findings, Conclusions and Decision
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1. The applicant must apply for and obtain all necessary building permits. This
application is subject to the applicable requirements in the Edmonds
Community Development Code. It is the responsibility of the applicant to
ensure compliance with the various provisions contained in the ordinances.
2. The applicant is responsible for seeking and obtaining all required local, state
and/or federal permits or approvals applicable to the proposal.
3. A traffic impact fee analysis will need to be provided with future tenant
improvement building permit.
4. The conditional use permit shall be transferable to subsequent property owners.
Dated this 22nd day of October 2020.
Plul A. Ulbrechts
City of Edmonds Hearing Examiner
Appeal Right and Valuation Notices
This land use decision is final and subject to closed record appeal to the City Council
as authorized by ECDC 20.01.003. Appeals must be filed within 14 days of the issuance
of this decision as required by ECDC 20.06.030(B). Reconsideration may be requested
within 10 calendar days of issuance of this decision as required by ECDC 20.06.140.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
Conditional Use
p. 5 Findings, Conclusions and Decision