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DNS BLD2023-0138+Variance Letter+5.5.2023_10.31.21_AM+3527405C � ENGINEERING May 5, 2023 City of Edmonds 121 5th Ave N, Edmonds, WA 98020 Variance Request Permit Number civil & structural engineering & planning PLN2022-089 Project Name: Weiss Land Disturbance Project Address: 1013 9th Ave S, Edmonds, WA 98020 CG Project Number: 23064 To whom it may concern, The following written statement has been provided to describe a specific requested variance and describe how the proposed variance will meet the criteria of ECDC 20.85.010. The proposed variance relates to the Weiss Land Disturbance project (permit no. PLN2022-089). The project is proposing a retaining wall along the west property line to correct a permit violation. The proposed wall does not meet the RS-10 zoning requirements of ECDC 16.20.030, specifically the required minimum street setback of 25 feet. The project requests a variance which allows the project to build a retaining wall within the 25' street setback. As a condition of approval, the project must meet the following findings. Responses are stated below in bold: 20.85.010 Findings. No variance may be approved unless all of the findings in this section can be made. 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. 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, 250 4th Avenue South, Suite 200 Edmonds, WA 98020 ph.425.778.8500 1 f.425.778.5536 www.cgengineering.com Apollo Apartments / 20261 May 5, 2023 Comment Response Page 2 of 3 The project parcels sits on a moderate slope from the rear yard to the street. Prior to the unpermitted wall construction, a large arbor vitae bush extended from the north property line to the driveway. Under the bush was a rockery which created an elevation step up from the sidewalk to the house. There are several surrounding properties with similar topography that have constructed walls along the street -side property line to create a flat yard. It is believed that due to the existing nature of many surrounding properties, as well as the presence of an existing slope, rockery and large arbor vitae bush, the construction of the wall at the property line is warranted and matches the surrounding environment. 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 some zoning, There are several other properties which have rockeries/retaining walls along the sidewalk on 91h Ave S, and it appears the construction of this wall does not allow any special privilege. In many cases in Edmonds, we have encountered walls not allowed within setbacks over a three feet above existing grade. In this case, the wall matches existing wall heights. The nature of the site is also such that the property slopes uphill from the wall, so it is not creating any view obstructions for other properties. C. Comprehensive Plan. That the approval of the variance will be consistent with the comprehensive plan; The proposed development is in accordance with the residential development goals and policies of 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; While the wall does not match the RS-10 zoning requirements, the presence of an existing rockery at the subject property an many surrounding properties creates a consistent environment to allow for the development. 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 some zone; The project will not be detrimental to health or surrounding properties. 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 some zoning. The owner is correcting a permit violation with the construction of this wall. There is an existing wall in place and several neighboring walls which are in place to create flat yards. We believe prior justification above is provided for approval of the variance. If you have any questions or comments regarding the responses to this request, please do not hesitate to call. 4M ENGINEERING 250 4th Avenue South, Suite 200 Edmonds, WA 98020 ph.425.778.8500 1 f.425.778.5536 www.cgengineering.com Apollo Apartments / 20261 Comment Response May 5, 2023 Page 3 of 3 Sincerely, CG En ineering Jared Underbrink, PE Senior Project Manager C 4m ------------ ENGINEERING 250 4th Avenue South, Suite 200 Edmonds, WA 98020 ph.425.778.8500 l f.425.778.5536 www.cgengineering.com