APPROVED PLN2023-0070 Noise Variance Staff Decision REVISIONCITY OF EDMONDS
121 51h Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa
DEVELOPMENT SERVICES DEPARTMENT
DEVELOPMENT SERVICES DEPARTMENT
NOISE VARIANCE STAFF DECISION
Project: Paradise Heights
Applicant: Rob Michel, Regent Construction, Inc.
File Number: PLN2023-0070
Associated Permit(s): BLD2019-0026 — Fill Grade Permit
ENG2020-0395 — Right -of -Way Construction Permit
Date of Decision: June 21, 2024
Reviewed By: Leif Bjorback, Building Official
Natalie Griggs, Engineering Technician
I. INTRODUCTION
The applicant has applied for a noise variance for 1 day to conduct construction activities on State
Route 104 in WSDOT's Limited Access Area. The work proposed at this location has been
approved under separate fill grade and right-of-way construction permits, BLD2019-0026 and
ENG2020-0395, respectively. WSDOT requires construction activity within the right-of-way at
this location be performed at night; therefore, the applicant has requested work be approved
during the hours 7:00 PM and 7:00 AM, which is outside the normally approved hours for
construction.
The following is staff s analysis and decision on the proposal.
II. FINDINGS AND CONCLUSIONS
A. GENERAL INFORMATION
1. Request: The applicant is requesting a noise variance for work proposed as part of the
Paradise Heights private development project in Edmonds and located within
WSDOT limited access area.
2. Review Process: A noise variance shall be processed as a Type 1 permit procedurc
pursuant to ECDC 20.01.003(B) and reviewed in accordance with the criteria found in
ECDC 5.30.120
3. Project Owners: Rob Michel, Paradise Hcights HLD LLC
4. Applicant: Rob Michel, Regent Construction, Inc.
5. Location: 546 Paradise Ln / SR-104
6. Application & Variance Request: Refer to Attachment 1
Page 1 of 4
7. Vicinity Map & Plan Sheet: Refer to Attachment 2
8. WSDOT Approved Traffic Control Plan: Refer to Attachment 3
B. PUBLIC CONVENIENCE — Will the work result in significant delays for transportation,
services, or other customer needs if done only during the day and within the hour restrictions
set out in other parts of ECC Chapter 5.30?
The proposed work is being performed in the travel lane of a state highway. This particular
lane is also used for the ferry queue on SR-104. Significant delays and inconvenience will be
experienced for commuters and local traffic if the work is done solely during daytime hours.
For this reason, WSDOT is requiring this work to be performed during nighttime hours.
C. PUBLIC SAFETY — Does working at night significantly improve safety conditions for the
traveling public and/or construction workers?
The work for the sewer tie-in will require closing the ferry back up lane on SR-104. From the
hours of 7:00 PM to 7:00 AM, there is much less travel in this area. Night work will
significantly limit disruption to traffic in this area. Less vehicular traffic at night will also
increase safety for the construction workers on this project.
D. PUBLIC EXPOSURE —What will be the setting for any proposed work outside of regular
hours? Is it located on an arterial street or in a mostly residential area?
The proposed work is located within the WSDOT Limited Access area on SR-104. Because a
lane closure is required to access the City's sewer manhole in the travel lane, WSDOT is
requiring that the contractor perform all work on SR-104 during nighttime hours. Night work
will significantly limit disruptions to commuters and local traffic.
E. PUBLIC COSTS —Does a limited amount of authorized work outside of regular hours
established by this chapter save the public significant cost compared to daytime work?
Night work will minimize traffic delays on SR-104. WSDOT requires an extensive traffic
control setup for this lane closure on the highway, which may impact access to businesses
within the vicinity of this project if the closure were setup during daytime hours. There are no
cost savings for the developer, and all additional costs from working at night will be
shouldered by the project.
F. NOISE REDUCTION MEASURES — Have all reasonable steps been taken to reduce the
impact of any necessary noise outside the standard hours?
The work will be done in phases to include both day and night work, which will help
minimize noise during the night. All preparation work and work outside of the travel lane
along the state route will be done during regular approved construction hours; only the
trenching and backfill on SR-104 and the connection to the sewer manhole will be done
between the hours of 7:00 PM and 7:00 AM. During night work, the crew will be using quiet
generators to light the construction area and will be utilizing sound reduction mats along the
edge of the work area to minimize nighttime noise.
Page 2 of 4
III. DECISION
Based on the Findings of Fact and Conclusions, the following decision is issued by the City of
Edmonds Development Services Department. The noise variance, is APPROVED with the
following conditions:
The noise variance is limited to the hours of 7 PM — 7 AM.
2. The noise variance is granted for work on 1 day.
The noise variance is granted for work on a Monday, Tuesday, and/or Wednesday night,
except no work shall be performed on a federal holiday. The City shall be notified 24-hrs in
advance of work start. Please email en ing eeringpermitskedmondswa.gov for notification
prior to start of work.
3. Construction activity and associated traffic control shall be performed consistent with
separately approved right-of-way construction permit and per WSDOT permit requirements.
Work performed within the City right-of-way is subject to inspections required under
separate right-of-way construction permit and as required by WSDOT.
4. The grant of a variance shall not relieve any person from the requirements of ECC 5.30.130
relating to public disturbance noises.
5. Public Notification is required. Applicant shall notify owners of property directly impacted
by the increased noise levels. Please put out door hangers for residents on the east side of SR-
104 on Paradise Ln, 6' PI S, 6' Ave S, and Birch St.
IV. APPEALS
Type I permit decisions may be appealed by a party of record to Snohomish County superior
court within 21 days of the date of the decision pursuant to ECDC 20.07.006.
V. PARTIES OF RECORD
City of Edmonds
121 5' Avenue North
Edmonds, WA 98020
Complete Excavating
PO Box 534
Arlington, WA 98223
VI. ATTACHMENTS
1. Application & Variance Request
2. Vicinity Map & Plan Sheet
3. WSDOT Approved Traffic Control Plan
Regent Construction, Inc.
3617 Bells Beach Rd
Langley, WA 98260
Page 3 of 4
File: PLN2023-0070
Kraig Strum, Police Department
Susan McLaughlin, DS Director
Oscar Antillon, Public Works Director
Rob English, City Engineer
Tod Moles, Street/Storm Manager
Jeff Whatmore, Engineering
Royce Napolitino, PW Admin
DS Admin
Page 4 of 4
ATTACHMENT 1
°,V ED,to
�p DEVELOPMENT SERVICES
WORK HOURS VARIANCE REQUEST FORM
1215th Avenue N, Edmonds, WA 98020
�sr. 18go
Phone 425.771.0220 0 Fax 425.771.0221
PROJECT NAME:
OTHER PERMIT(S) ISSUED FOR PROPOSED
Paradise Heights
WORK #:
BLD2019-0026
PROJECT ADDRESS:
546 Paradise Lane
APPLICANT:
Phone:
Regent Construction, Inc.
206-930-2445
Address (Street, City, State, Zip):
E-Mail:
3617 Bells Beach Rd„ Langley„ WA 98260
rwmichell@me.com
PROPERTY OWNER:
Phone: 425-750-5965
Paradise Heights HLD, LLC
Address (Street, City, State, Zip):
E-Mail:
190 W Dayton St., #103, Edmonds, WA 98020
jsrett@gmail.com
CONTACT PERSON: (This person must be available at all times that
Phone:
extended work is being performed)
206-930-2445
Rob Michel
Address (Street, City, State, Zip):
E-Mail: rwmichell@me.com
3617 Bells Beach Rd, Langley, WA 98260
CONTRACTOR:
Phone 425-870-6704
JB Asphalt
Address (Street, City, State, Zip):
E-Mail: office@jbasphalt.com
22228 95th PI, Edmonds, WA 98020
DATES AND TIME OF EXTENDED WORKTIME REQUESTED:
WA State Contractor License #/Exp. Date:
JUNE 27TH, 2024 7PM-7AM
JBASPna872K1/5/25
City of Edmonds Business License #/Exp. Date:
BL-006638 / 1/24
DETAIL THE SCOPE OF WORK TO BE PERFORMED DURING THE REQUESTED TIMES:
City of Edmonds Asphalt Patch From Manhole in Hwy 104 in front of the home at
541 Edmonds Way to curb line.
Asphalt to be tested
FORM B /Users/rw-michel/Desktop/untitled folder/Mirror/rw-michel/Rob's Docs/MCl/Michel Projects/Projects/Paradise Lane/Noise Variance #2/Noise
Variance -Form B 2017 (June 2024).docx Updated: 09/25/2017
ATTACHMENT 1
® A RATIONALE FOR THE PROPOSAL SHALL BE SUBMITTED IN ADDITION TO THIS FORM. PLEASE REFER TO THE WORK
HOURS VARIANCE REQUEST HANDOUT WHICH ASKS FOR AN EXPLANATION OF HOW THE ACTIVITIES WILL COMPLY WITH
THE REQUIREMENTS OF THE VARIANCE ORDINANCE.
Print Name: Rob Michel
�j/�
Signature:
PERMITTING & DEVELOPMENT
BUILDING DIVISION
121 5th Avenue N
P: 425.771.0220
www_Prlmnnrltwa_nnv
The Code:
Date: 6/17/
REQUIREMENTS FOR
WORK HOURS
Based on ECC 5.30.110 Sounds exempt during daytime hours:
Section B. Sounds originating from temporary construction sites as a result of construction activity are exempt from the provisions of
this chapter, but only during the hours of 7:00 a.m. to 6:00 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on Saturdays, excluding
Sundays and federal holidays.
5.30.120 Variances.
A. Variances maybe granted to any person from any requirement of ECC 5.30.040 (maximum permissible sound levels) or 5.30.110
if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances
rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise
source or because of non -availability of feasible technology or control methods.
B. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and
circumstances.
C. Variances shall be processed as a Type 1 permit procedure under ECDC 20.01.003.B, while using the criteria found in subsection
A of this section. Factors to be balanced in the process include those identified as follows:
1. Public convenience — Will the work result in significant delays for transportation, services, or other customer needs if done only
during the day and within the hour restrictions set out in other parts of this chapter?
2. Public Safety — Does working outside of normally allowed significantly improve safety conditions for the traveling public and/or
construction workers?
3. Public exposure — What will be the setting for any proposed work outside of regular hours? Is it located on an arterial street or in
a mostly residential area?
4. Public cost — Does a limited amount of authorized outside of regular hours established by this chapter save the public
significant cost compared to daytime work?
5. Noise reduction measures -- Have all reasonable steps been taken to reduce the impact of any necessary noise outside the
standard hours? Answering this question needs to include evaluation of (1) limiting the night time or early morning work to only
that necessary to reasonably mitigate the issues identified above, (2) use of quiet generators and quiet pumps (as available),
(3) drilling and placing of piles instead of driving them, as well as use of other techniques, design choices, and acoustic control
equipment and strategies necessary to minimize the night-time or early morning impacts from construction noise.
D. The grant of a variance shall not relieve any person from the requirements of ECC 5.30.130 relating to public disturbance noises.
A Temporary Construction Site is defined as the location of a development -related construction project being performed under a
City -issued permit, where required.
Procedures:
FORM B /Users/rw-michel/Desktop/untitled folder/Mirror/rw-michel/Rob's Docs/MCl/Michel Projects/Projects/Paradise Lane/Noise Variance #2/Noise
Variance -Form B 2017 (June 2024).docx Updated: 09/25/2017
ATTACHMENT 1
For Private Development -related Projects, applications for a noise variance shall be submitted to the Development Services
Department no later than 2 weeks prior to the requested activity, or as otherwise deemed appropriate by the director. An earlier date is
strongly recommended because approval could take longer if necessary if information is unclear or missing or the department needs
additional time to consider relevant factors. Applications must be accompanied by documentation and rationale sufficient to identify the
date(s) and time for which the variance is being requested and to demonstrate compliance with the criteria set forth in the ordinance.
The director or designee shall render a determination based on the authority under ECC 5.30.120. Approval or denial shall be in writing.
Fees:
The fee amount shall be that as established in the current department fee schedule for a Type 1 Staff Decision (currently $315 which
includes a technology fee) and is payable upon application. Refunds will not be available once a determination has been made,
whether approval or denial.
City of Edmonds required attachment to City Sewer main. Trench From Manhole in Hwy 104 in front of the home at
541 Edmonds Way.
Install 8" sewer pipe, backfill and compact to 95% and have it tested and the patch asphalt.
FORM B /Users/rw-michel/Desktop/untitled folder/Mirror/rw-michel/Rob's Docs/MCl/Michel Projects/Projects/Paradise Lane/Noise Variance #2/Noise
Variance -Form B 2017 (June 2024).docx Updated: 09/25/2017
ATTACHMENT 1
Variance Request and Submittal
BLD2019-0026
Work at 541 Edmonds Way
RECEIVED
OCT 10
2023
CITY OF EDMONDS
DEVELOPMENT
SERVICES DEPARTMENT
A. The special circumstance facing this work in travel lane of the HWY 104 is WSDOT is
requiring all work in its highway to be done between the hours of 7pm and 7am. No
exceptions are available for this permit required by WSDOT. There were many attempts
to meet the city requirements to tie into the city sewer order to avoid the work at night
requirement. There were other pathways found to the city sewer main that did not
require the WSDOT work at night requirement but these pathway proposals to the
sewer main were rejected.
B. We are requesting the variance for one night and possibly two nights for any unforeseen
challenges. Night work will be only for work in HWY 104 surface. Most of the project
work will be done during normal work hours.
C. Factors to balance process:
1. Public convenience -Will the work result insignificant delays for transportation, services, or
other customer needs if done only during the day and within the hour restrictions set out in
other parts of this chapter?
Because the work will be done at the night the transportation services will be greatly reduced
or nearly non-existent. The work is being done in the curb lane on HWY 104 that is also the
ferry back up lane so very little traffic and nearly non-existent after the ferries stop running. We
also do not expect many pedestrians at night and very few travelling down the sidewalk at
night.
2. Public safety -Does working at night significantly improve safety conditions for the
traveling public and/or construction workers?
Because the work will be done at the night the safety will be greatly increased. The work is
being done in the curb lane on HWY 104 that is also the ferry back up lane so very little traffic
and nearly nonexistent after the ferries stop running. We also do not expect many pedestrians
at night and very few travelling down the sidewalk at night. Constructions worker safety will
also be greatly increase by the reduced number of vehicles on the highway at night.
ATTACHMENT 1
3. Public exposure - What will be the setting for any proposed work outside of regular hours?
Is it located on an arterial street or in a mostly residential area?
WSDOT has required the only night work to be in the HWY travel area. Work done outside of
the curb area will be done during normal work hours. The work area is on the east side of the
Highway and of the three homes two are vacate and according to the owner they will remain
vacate long after the road work is completed. The other home nearby is owned by a party to
the construction project and has acknowledge and approved the work requirements.
4. Public cost - Does a limited amount of authorized work outside of
regular hours established by this chapter save the public significant cost compared to
daytime work?
The public will save fuel costs by eliminating costly delays along HWY 104 during normal work
hours. In addition, there will be little vehicle emission when less vehicles are idling in traffic
backups. Extensive traffic control is required along Hwy 104 to close one lane of traffic which
will also make it a bit more difficult to access business near the location during normal business
hours.
Noise reduction methods - Have all reasonable steps been taken to reduce the impact of
any necessary noise outside the standard hours? Answering this question needs to include
evaluation of (a) limiting the night time or early morning work to only that necessary to
reasonably mitigate the issues identified above, (b) use of quiet generators and quiet
pumps (as available), (c) drilling and placing of piles instead of driving them, as well as use
of other techniques, design choices, and acoustic control equipment and strategies
necessary to minimize the night-time or early morning impacts from construction noise.
Strategy: We are installing sewer pipe by traditional trench system instead of a boring
technique. (a) Boring would require a large pit to be excavated next to the manhole and a larger
hole to be placed on the other side of the curb and sidewalk. The size of the hole next to the
manhole would about 35 square feet and other hole would be much larger requiring more
excavation machinery. The trench system will be requiring much less excavation and more
certainty of routing of the sewer saving time and machinery noise. (b) The crew will be using
quiet generators for the lights at night. (c) We will be utilizing sound reduction mats along the
edge of the work site as a technique to minimize night-time or early morning impacts.
D. The grant of a variance shall not relieve any person from the requirements of
ECC 5.30.130 relating to public disturbance noises. [Ord. 4074 § 1 (Att. A), 2017; Ord. 3469 § 2,
2003; Ord. 2531, 1985; Ord. 2193 § 13, 1981].
ATTACHMENT 2
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Page 1 of 9
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VIA OPEN CUT
Plans Sheets/Maps
Page5of9
SR 104 MP 25.75 - 25.78 - AERIAL VIEW
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BACKFILL SHALL BE GRAVEL OR
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LANE WIDTH AND TOP LIFT
EXTENDED 10' IN BOTH
DIRECTIONS BEYOND OPEN
EXCAVATED AREA. ALL EXCAVATED
MATERIAL SHALL BE HAULED OFF.
PROPERTY OWNERS WITH
DRIVEWAY ACCESS ALONG
AREA OF WORK/DRUM
CHANNELIZATION TO BE
NOTIFIED BEFORE CONSTRUCTION
STARTS
ROVIDE STEEL PLATING AS
EEDED IN WORK AREA OVER
PEN UTILITY TRENCHES MAINTAIN
RAVEL LANE
OURS OF WORK
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NOTE:
DISTANCE BETWEEN SIGNS SHALL BE
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MPH)
FIELD ADJUST AS NEEDED (TYP)
LEGEND:
*FLASHING BEACON SHALL BE
INSTALLED AT EACH SIGN FOR
NIGHT TIME USE
-DISTANCES MAY VARY AS
APPROVED BY
THE ENGINEER
'FLAGGERS REQUIRED TO CONTROL
TRAFFIC WHENEVER THE
CONTRACTOR MUST INTERRUPT
TRAFFIC FLOW TO ACCESS THE
WORK SITE WITH MATERIALS OR
EQUIPMENT.
'SIGN SIZE PER MUTCD
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WSUUI Notes -
Notify WSDOT CTCO 5 days before starting Work by contacting (206) 440-4454.
2. At time of Work, call WSDOT Radio at (206) 440-4490 when lane/shoulder
is closed, and again when lane/shoulder is opened. Leave contact name and mobile
phone number with WSDOT Radio
3. Notify Transit Agency(les) & affected businesses 5 days prior to beginning Work.
4. Pedestrians and bicyclists shall be accommodated through the work zone.
Assistance or signed detour shall be provided.
5. Only essential equipment and materials shall be on WSDOT R/W during working
Hours. No equipment or materials shall be on WSOOT R/W during non -working hours.
6. Channebzation devices shall be Traffic Safety Drums with Type C Lights.
1. During non -Working hours. area shall meet criteria in WSDOT Sid Specs. 1-07 23,
Including, but not limited to, "drop off' protection.
8. All W-Serles signs shall be 48"x48" Black on Orange.
9. All R-Serles signs shall be Black on White.
10. Closure hours shall be Sunday through Thursday, 7:00 PM- 7:00 AM.
Holiday Impacts:
No closures will be allowed from noon the day prior to a holiday or
holiday weekend through noon the day following a holiday or
holiday weekend. It is a holiday weekend when the holiday falls on
\A a Friday, Saturday, Sunday, or Monday
1k �P
(W-20 1)
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W500T TRAFFIC OPERATIONS
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URAL ROADS & URBAN ARTERIALS MPH25 30 200 + - 2
ESIDENTIAL & BUSINESS DISTRICTS
URBAN STREETS 25 MPH OR LESS 100: -
(1)ALL SPACING MAY BE ADJUSTED TO ACCOMODATE INTERCHANGE
RAMPS, AT GRADE INTERSECTIONS AND DRIVEWAYS
(2)THIS SPACING MAY BE REDUCED IN URBAN AREAS TO FIT
ROADWAY CONDITIONS.
MINIMUM LANE CLOSURE
TAPER LENGTH=L (FEET)
LANE WIDTH
I POSTED SPEED MPH
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ATTACHMENT 3
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TRANSPORTABLE ATTENUATOR ROLL AHEAD DISTANCE =R
HOST VEHICLE WEIGHT 9,900 FO HOST VEHICLE WEIGHT
22 000 lbs.
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PROJECT CONTACT LIST:
OWNER:
PARADISE HEIGHTS HLD, LLC
190 W DAYTON ST STE 103
EDMONDS, WA 98020
CIVIL ENGINEER:
DONNA L. BRESKE, RE
SNOHOMISH, WA 98290
PHONE: (425) 334-9980
EMAIL: donnob@donnobreske.com
DEVELOPER:
MICHEL CONSTRUCTION, INC.
7907 212TH SW, 1102
EDMONDS, WA 98026
PHONE: (425) 776-2211
SITE INFORMATION:
PARCEL NUMBER: 27OJ2500JO2600
SITE ADDRESS: 546 PARADISE LANE EDMONDS,
WA 98020-4650
TOTAL SITE AREA: 30,238SF (0.694 ACRES)
COUNTY: SNOHOMISH COUNTY
ZONING: RM-2.4
MAXIMUM BUILDING HEIGHT. 25'
SETBACKS: FRONT 15' SIDE: 10' REAR: 15'
\ SHEET INDEX.•
\ \ 1. TRAFFIC CONTROL &
`\ PEDESTRIAN DETOUR PLAN
2. TRENCHING LOCATION &
PAVEMENT PATCHBACK
DETAILS
CHANNELIZATION DEVICE
SPACING (FEET)
MPH TAPER NGENT
50170
35 45
I 30
160
25 IJO
APPROVED FOR CONSTRUCTION
CITY OF EDMONDS
CITY ENGINEERING DIVISION
L. DONNA BRESKE & ASSOCIATES TRAFFIC CONTROL & PEDESTRIAN DETOUR PLAN
��Pr r ¢sue LAND USE PLANNING CIVIL ENGINEERING FOR
r
O Lays. 2 PHONE: 206-715-9582
Exhlbit-D' Donwww.DONNABRESKE.eom
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