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2024-07-25 Hearing Examiner PacketHearing Examiner Regular Meeting 7/25/2024 3:00 PM Brackett Room 121 5th Ave N City Hall - 3rd Floor Edmonds, WA 98020 Meeting Information This meeting is Hybrid per ECDC ECDC 10.35.010(F) and is located at the Edmonds City Hall 121 5th Ave N, 3rd Floor Brackett Room Zoom Link Meeting Info: https:Hedmondswa- gov.zoom.us/j/82688031743?pwd=UEROWk5hdU5DN1 dRKI V3MkR2WTRSdzO9 Passcode: 308007 Or join by phone: 253 215 8782 1. Call to Order 2. Public Hearings PLN2023-0057 Setback Variance Request to retain unpermitted additions to a single- family home at 1251 Birch Street 3. Adjournment Hearing Examiner Agenda Item Meeting Date: 07/25/2024 PLN2023-0057 Setback Variance Request to retain unpermitted additions to a single-family home at 1251 Birch Street Staff Lead: Rose Haas Department: Planning Division Prepared By: Rose Haas Background/History The Public Hearing was originally scheduled for June 13, 2024, but the applicant requested a continuance to July 25, 2024. Victor Sung, the representative for property owners Abul and Shireen Azad, is requesting a variance to reduce the regularly required 25-foot west street setback to 0 feet, and the regularly required 25-foot east street setback to 8.4' at 1251 Birch Street (RS-8 zone) to retain unpermitted additions to the property, which were built by a previous property owner(s). Staff Recommendation Staff recommends that the Hearing Examiner deny the variance request because it does not satisfy all six decision criteria in ECDC 20.85.010. Narrative The Staff Report and Attachments 1-15 provide an analysis of the project proposal and staff recommendation. Attachments: Staff Report Attachment 1 - Staff Narrative and Correction Letter for PLN2023-0057 Attachment 2 - Stop Work Notice - 1251 Birch St Attachment 3 - Order to Correction Violation - 1251 Birch St Attachment 4 - Land Use Application (PLN2024-0008) Attachment 5 - Applicant Narrative Attachment 6 - Letter of Completeness and Corrections Required Attachment 7 - Notice of Application Materials Attachment 8 - Site Survey Attachment 9 - Applicant Letter Attachment 10 - Final Applicant Response Letter Attachment 11 - Public Hearing Noticing Materials Attachment 12 - Zoning and Vicinity Map Attachment 13 - Engineering Compliance Memorandum Attachment 14 - Public Comment - Samantha Hopper Attachment 15 - Public Comment - Brian Warren 'nc. t 8yv CITY OF EDMONDS 121 51" Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov PLANNING AND DEVELOPMENT DEPARTMENT • PLANNING DIVISION PLANNING DIVISION REPORT & RECOMMENDATION TO THE HEARING EXAMINER Project: Azad Setback Variance File Numbers: PLN2023-0057 Date of Report: June 5, 2024 From: Rose Haas, Planner Public Hearing: Thursday, June 13, 2024 at 3:00 P.M. Edmonds City Hall, 121 - 5" Ave N, 3rd Floor, Brackett Room. Online participation is also available via the following Zoom link: https://edmondswa- gov.zoom.us/j/82688031743?pwd=UEROWk5hdU5DN1 dRK1V3MkR2WTRSd z09 Or via phone by dialing 253-215-8782 Meeting ID: 826 8803 1743 Password 308007 I. SUMMARY OF PROPOSAL AND PROCESS Victor Sung, the representative for property owners Abu[ and Shireen Azad, is requesting a variance to reduce the regularly required 25-foot west street setback to 0 feet, and the regularly required 25-foot east street setback to 8.4' at 1251 Birch Street (RS-8 zone). Between 2017 and 2022, previous owner(s) of the property constructed multiple unpermitted additions, including a rear attached addition on the northeast portion of the building, a rear attached addition on the southeast portion of the building, a detached accessory structure on the southeast corner of the lot, a ground level patio connecting the detached accessory structure to the main building, an attached addition on the south side of the building, and an extension to the garage 1 of 49 File PLN 2023-0057 Azad Variance on the west portion of the building. See Attachment 1 for staff comments and aerial photos that illustrate the progression of the unpermitted work On September 23, 2019, the City of Edmonds Building Inspector issued a Stop Work Notice (Attachment 2) as part of INV2019-0020. As a result, on October 31, 2019, the previous owner applied for a permit to add `184sf addition to the front of the house to expand the kitchen and dining room' (BLD2019-1392). The application expired on January 21, 2023, after one extension dated December 30, 2021. On January 31, 2022, code enforcement case was opened under file number COD2022- 0017. Narrative attached to COD2022-0017 is as follows: "complaint of extensive remodel done without permit. Recent real estate listing shows 4 bedrooms and 2,156 sq. ft. Tax records show 2 bedrooms and 1231 sq. ft." In response to the code enforcement case, the Building Inspector visited the address on March 18, 2022, and made an initial evaluation of the unpermitted work. Work included, but was not Limited to, a new garage and foundation, conversion of existing garage to living space, and new roofing. On November 23, 2022, City of Edmonds Code Enforcement issued an Order to Correct (Attachment 3) as part of COD2022-0017. On January 17, 2023, Victor Sung applied for permit BLD2023-0067, which includes the following description: `the work includes but is not limited to converting the existing bonus room into two new bedrooms and one bath and enlarging the existing living room by adding 192 square feet of space." Planning and Development staff discovered the extent of the unpermitted work under review of permit number BLD2023-0067. On August 23, 2023, the applicant applied for the subject variance to reduce setbacks to allow for the retention of the unpermitted additions built by the previous owner(s). The unpermitted additions must be abated unless the variance application is approved by the Hearing Examiner. A portion of the unpermitted garage addition that encroaches into the right-of-way must also be abated regardless as required by the Public Works Department, and its retention is not a part of the variance application. The variance application requires public notice prior to a public hearing and decision by the Hearing Examiner (Type III-B decision according to Section 20.01.003 of the Edmonds Community Development Code (ECDC). II. ATTACHMENTS 1. Staff Narrative and Correction Letter for PLN2023-0057 2. Stop Work Notice —1251 Birch St 3. Order to Correction Violation —1251 Birch St 4. Land Use Application (PLN2024-0008) 5. Applicant Narrative Page 2 of 9 2 of 49 File PLN 2023-0057 Azad Variance 6. Letter of Completeness and Corrections Required 7. Notice of Application Materials 8. Site Survey 9. Applicant Letter 10. FinalApplicant Response Letter 11. Public Hearing Noticing Materials 12. Zoning and Vicinity Map 13. Engineering Compliance Memorandum 14. Public Comment —Samantha Hopper 15. Public Comment — Brian Warren III. APPLICATION MATERIALS The subject application was submitted on August 23, 2023. Initial submittal materials included a land use application form, applicant narrative, (Attachments 4 and 5), and an initial site plan. The application was determined to be complete pursuant to ECDC 20.02.002 on September 25, 2023. The Letter of Completeness includes departmental corrections (Attachment 6). A Notice of Application was posted at the subject site, Public Safety Complex, and the Planning and Development Department on October 5, 2023. The notice was also published in the Herald Newspaper and mailed to property owners within 300 feet of the site on October 5, 2023. Noticing materials are included as Attachment 7. In response to the corrections included in the Letter of Completeness, the applicant submitted a survey (Attachment 8) and a request to include setbacks in the variance application (Attachment 9). On January 4, 2024, Staff issued a Narrative and Correction Letter (Attachment 1), and the applicant responded with a final response letter on April 4, 2024 (Attachment 10). IV. PUBLIC HEARING NOTICE A Notice of Public Hearing was posted at the subject site, Public Safety Complex, and Planning and Development Department on May 30, 2024 (Attachment 11). The notice was also published in the Herald Newspaper and mailed to property owners within 300 feet of the site on May 30, 2024. The City of Edmonds has complied with the noticing provisions of ECDC 20.03.002 and 20.03.003. V. APPLICABLE DEVELOPMENT CODES 1. ECDC 16.20 RS — Single -Family Residential Page 3 of 9 3 of 49 File PLN 2023-0057 Azad Variance A. The subject site is located within the RS-8 zone and is subject to the zoning requirements of ECDC Chapter 16.20. See Attachment 12 for Zoning and Vicinity Map. B. Pursuant to ECDC 16.20.030, setbacks for the RS-8 zone areas follows: Street: 25-feet, Sides: 71/2-feet, Rear: 15-feet C. The subject site is a `through lot' defined as "a lot fronting on two streets that is nota corner lot" (ECDC 21.100.030). The two street setbacks are Birch Street on the west side and 100t" Ave West on the east side. Both street setbacks are 25-feet. The north and south sides have 71h- foot setbacks. The property does not have a rear setback. 2. ECDC 20.85 Variances A. An applicant may request a variance from any requirement of the zoning ordinance (ECDC Titles 16 and 17), except use and procedural requirements, pursuant to the procedures outlined in ECDC 20.85. ECDC 20.85.010 contains the findings that must be made for a variance application to be approved. According to the referenced code, "No variance maybe approved unless all of the findings in this section can be made." The findings include: 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 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 maybe 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, Page 4 of 9 4 of 49 File PLN 2023-0057 Azad Variance 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 same zoning, C. Comprehensive Plan. That the approval of the variance will be consistent with the comprehensive plan; D. Zoning Ordinance. That the approval of the variance will be consistent with the zoning ordinance and the zone district in which the property is located, 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 same zone; F. Minimum Variance. That the approved variance is the minimum necessary to allow the owner rights enjoyed by other properties in the vicinity with the same zoning. B. The Applicant submitted narrative statements and supporting materials explaining why they believe the proposed variance request meets the criteria in ECDC 20.85 and should therefore be granted (Attachments 5, 9,10). C. The following is staff's analysis of how the proposed variance satisfies the criteria of ECDC 20.85: 1. Special Circumstances: There are no special circumstances on the property. First, while the lot has two street frontages and an irregular shape, the parcel is not so irregular that it precludes the primary use or development of the site allowed by the RS-8 zone. The construction of a single-family home, per Chapter 16.20 ECDC, is possible as evidenced bythe neighboring buildings and the original home built in 1958. Second, a previous owner(s) built the unpermitted work prior to the current owner purchasing the property in 2022. The `special circumstance' excludes "any factor personal to the owner, such as... any factor resulting from the action of the owner or any past owner of the same property." The proposed setback variance does not meet the special circumstance criterion. 2. Special Privilege: Page 5 of 9 5 of 49 File PLN 2023-0057 Azad Variance Approval of the variance would grant special privilege to the property in comparison with the limitations upon other properties within the same zoning. The primary issue in this case are the two street setbacks on the west and east portion of the property (Birch Street and 1001h Ave W) and the location of the right-of-way on the west property line. However, neighboring properties in this vicinity are subject to the same development standards and have achieved compliance with development code in Chapter 16.20 ECDC. As a result, the subject variance does not meet the special privilege criterion in ECDC 20.85.010(B). 3. Comprehensive Plan: The subject property is located within the Single Family— Urban 1 designation. The Comprehensive Plan discusses protecting neighborhoods from incompatible additions to existing buildings that do not harmonize with existing structures in the area. Incompatible additions include additions that do not meet the development standards of the zoning code. The unpermitted additions to the subject property do not meet applicable RS-8 zoning standards as outlined by Chapter 16.20 ECDC. This variance request is not consistent with the Comprehensive Plan as required in ECDC 20.85.010(C). 4. Zoning Ordinance: The RS-8 zone where the project is located requires street setbacks of 25-feet from the street lot lines. The subject property is a "through lot," and is subject to a street setback on the east and west property lines (Birch St. and 100th Ave W). The current unpermitted additions result in an actual setbacks of 0-feet from the west property line, with an additional encroachment into the Birch St. right-of-way, and an 8.4' setback on the east property line. The unpermitted attached additions on the south and southeast portions of the building would appear to meet all other standards related to the RS-8 zone as detailed in Chapter 16.20 ECDC. See Attachment 1 for a narrative and illustration of nonconformities. Only the attached additions on the south and southeast sides of the house meet the zoning criterion in ECDC 20.85.010(D). Additions on the west side of the house and the detached accessory structures and two -decks off the east side of the house do not meet the zoning criterion in ECDC 20.85.010(D). 5. Not Detrimental: Page 6 of 9 6 of 49 File PLN 2023-0057 Azad Variance The unpermitted work, including work identified by the Building Inspector on March 18, 2022 (COD2022-0017), has not been reviewed by any member of the Planning and Development Department. Without building, fire, and engineering division review, it cannot be fully determined if the unpermitted work would be significantly detrimental to the public health, safety and welfare or injurious to the property improvements in the vicinity and same zone. The unpermitted work is assumed to be detrimental until all needed permits are reviewed and approved and inspections completed. 6. Minimum Variance: Relative to the zoning code in ECDC 16.20, the subject site accommodated a single-family residence and associated appurtenances under RS-8 zoningfor manyyears prior to the unpermitted work done from 2017 - 2022. These are the same standards and rights allowed for other properties in the vicinity. The subject site was annexed into the City of Edmonds in 1957, and the single-family residence was built in 1958. Edmonds adopted its first zoning ordinance in 1959, which established a street setback of 15-feet for the RS-8 zone. It is assumed that the 1958 building permit (BLD1958-0939) allowed for a 15-foot setback from the west street property line. When the current RS-8 zoning setbacks were adopted in the 1970s, the garage on the house at 1251 Birch became nonconforming with respect to the street setback. The City could support a variance to return the garage to its original footprint prior to the unpermitted work, at a setback of 15 feet from the street property line at Birch Street, but that would require a separate variance application. This subject variance does not meet the minimum variance criterion in ECDC 20.85.010(F). VI. TECHNICAL COMMITTEE This application was reviewed and evaluated by South County Fire, the Building Division, and the Engineering Division. Additional reviews and inspections are required for any associated building permit and/or potential demolition permit in order to bring the building into compliance with the Building Code and South County Fire standards. The Engineering Division does not grant the applicant a permanent encroachment into the right-of-way with a single-family structure (See Attachment 8 for existing Page 7 of 9 7 of 49 File PLN 2023-0057 Azad Variance ROW encroachment). Therefore, the proposed development is not consistent with the Engineering standards of Title 18 ECDC. Compliance with Engineering Division standards, including the dedication of a public stormwater easement on the property will be required during the building permit process. An Engineering Memorandum is Attachment 13. VII. PUBLIC COMMENTS As of the date of this staff report, two public comments have been received. Samantha Hopper, 1250 Birch Street finds no issue or concerns with the renovations and believes they add aesthetic value (See Attachment 14). Brian Warren at 846 Poplar Way expressed that he does not object to updates to the subject property (See Attachment 15). VIII. CONCLUSION AND RECOMMENDATIONS Based on the analysis and attachments included in this report, staff finds that the proposal is not consistent with the variance criteria of ECDC 20.85 and recommends that the Hearing Examiner: 1. DENY the variance request for PLN2023-0008 to reduce the required setback from the Birch Street property line from 25-feet to 0-feet, and the required setback from the 100t" Ave. W property line from 25-feet to 8.4-feet to retain unpermitted additions. The variance request does not satisfy any of the six decision criteria in ECDC 20.85. IX. RECONSIDERATION According to ECDC 20.06.140, a party of record may request the Hearing Examiner reconsider the permit decision within 10 days of the issuance of the decision if they believe there are errors of procedure, law/fact, or judgement, or if new evidence is discovered that was not known and could not have been discovered previously. X. APPEALS Pursuant to ECDC 20.06.020, a party of record may submit an appeal of a Type III-B decision within 14 days after the date of issuance of the decision. The appeal must be made in writing and include the required information stated in ECDC 20.06.030 as well as the applicable appeal fee. The appeal would be heard at a closed -record hearing before the City Council according to the requirements of ECDC Chapter 20.06. Page 8 of 9 XI. PARTIES OF RECORD City of Edmonds 121 — 511 Avenue North Edmonds, WA 98020 Victor Sung VSQLLC@gmail.com Brian Warren brian@begoodnotbad.com File PLN 2023-0057 Azad Variance Shireen and Abu[ Azad 1251 Birch Street Edmonds, WA 98020 Samantha Hopper samantha_s_smith@outlook.com Page 9 of 9 9 of 49 `nc. l R`)" CITY OF EDMONDS 121 5t" Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov PLANNING & DEVELOPMENT DEPARTMENT • PLANNING DIVISION DATE: January 4, 2023 TO: Victor Sung FROM: Rose Haas, Planner rose. haas@edmondswa.Bov (425) 771-0220 (ext. 1239) RE: Corrections Required - PLN2023-0057 1251 Birch Street RS-8 Variance Please submit the required additional information and clarifications prior to our continued review of the application. Please respond to each of the comments in a cover letter and by providing updated plans or other materials as necessary. Staff will contact you as our review continues if additional information is necessary. PLANNING DIVISION COMMENTS: For context, the aerial photos below from 2017, 2020 and 2022 show the progression of unpermitted construction that occurred on the project site during that time (circled in red) —the current owner has applied for a building permit to bring these features into compliance (permit BLD2023-0067). 10 of 49 Unfortunately, the survey submitted on December 11, 2023 clearly shows that several features on the property do not meet the current 25-foot street setback required by the RS-8 zone: the shed and deck on the east side of the site and the extension on the garage on the west. A portion of existing concrete patio on the east also does not meet the required setback or the patio exception in ECDC 16.20.040.C. ,f. O W 8", 12" DEC W.r ROOF EL-313.5'0 IsO r� O •• \ HOUSE NO- 1251 n W Z APPROX. LOCATION .o FOO7PRIN7=2,722 tS.F. F WATER PER PAINT \ MARKS (TYP)Z. IW la JOD.I• � O 25' 25-0" � asoa• wo.r •' . p` I. I' J 1cj, i� .. SHED Iw 2.- .. CONC SD I�: •• S r� SD •• EAVE 21'- To achieve compliance, the City typically requires the removal of all those elements in order to satisfy the current 25-foot street setback requirement or a variance to the standards can be applied for. The applicant has applied for a variance to reduce the 25-foot street setback from the east and west property lines to allow retention of the features that do not meet the standard setback (the portion of unpermitted garage projecting into the right-of-way cannot be permitted). However, because the referenced work was done without a permit, staff could not support a variance request to reduce either street setback to allow retention of the garage, shed/deck, or patio because the request is not consistent with the 'special circumstance' criterion for a variance: 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 A previous owner(s) built the unpermitted work prior to the current owner purchasing the property in 2022. As a result, the 'special circumstance' criterion noted above for the "... action of the owner or any past owner..." cannot be satisfied. That said, the Hearing Examiner ultimately makes the final decision on variance requests so the applicant could take a chance and move forward with a setback reduction request to retain all of the unpermitted work on private property but staff cannot support that request. 3 12 of 49 However, staff would be supportive of a variance to reduce the west street setback only from 25 feet to 15 feet to allow for the retention of a previously constructed carport/garage. In researching the variance and associated building permit for the recent unpermitted work, it was discovered that there had been a carport/garage built with the original house in 1958. The city has no records associated with the permit for the house in BLD1958-0939 but aerial photo clips show this feature in 1964 (top) and 1978 (bottom): 1 `I • V , • / 1 �b • AS 1 I •� ! 0 / L=, •� • �qW. rd 13 of 49 -.,,& MA, U 'T j ` The aerial photo from 2017 (below) also shows the house and garage prior to the unpermitted additions: 5 14 of 49 The zoning at the time the home was constructed required a 15-foot setback from the street property line, while current zoning requires 25 feet. Staff would support a variance request from 25 feet to 15 feet for the west street setback to allow the garage to be reconstructed, which would re-establish the footprint shown above and on the survey (yellow highlight below): 27.6' CON rF goo oax • ia'� R way N Q\ a W .,. 8" 12" DEC xo.' ROOF EL-313.5'- �.woz . • as O rip s \ s o '°°'` o HOUSE NO. 1251 W.I Z APPROX. LOCATION FOOTPRINT-2,722 :,S.F.F. I•• aoo,z. ! g F WATER PER PAINT MARKS (TYP) i aro.a O »e. 25' rt25-0" z. 16-0-011 O ". PR ppo I� CI p1c P IW �. ' I .i� - �� SHE . 'o p• f:ONC': Iw _ ,aaea QONO SD SD I A 5 �� EAOE sD— SD-- —SD ..•_ � P1•_Q 2 15 of 49 Without that variance request, a demo permit would be required to reconfigure the building to meet the 25- foot street setback from both the west and east property lines. BUILDING DIVISION COMMENTS: No new comments. ENGINEERING DIVISION COMMENTS: No comments at this time. Please be aware that a complete response to this information request must be received within 90 days or the application will lapse for lack of information (ECDC 20.02.003(D)). 16 of 49 ❑ PARTIAL APPROVAL Owner Job Address ( X S t k� '\ Type of Inspection NOTICE TO PERMITTEE AND/OR OWNER 'M CORRECTION REQUIRED Permit Number Site Contact ❑ ENFORCEMENT VIOLATION ❑ WORK DESCRIBED BET OW HAS BEEN INSPECTED AND APPROVED. ❑ APPROVED PLANS AND JOB CARD MUST BE AVAILABLE TO INSPECTOR ON SITE. ❑ CORRECTIONS LISTED BELOW MUST BE MADE BEFORE WORK CAN BE APPROVED AND/OR THE NEXT PHASE OF WORK IS STARTED. �1 RECALL FOR INSPECTION. ❑ REINSPECTION FEE MUST BE PAID PRIOR TO NEXT INSPECTION REQUEST. STOP WORK -UNTIL AUTHORIZED TO CONTINUE BY CITY INSPECTOR. t�• � � Ei !, � GlC a � h aT T r �� �r (!�S i� L� � Ili �" �- Q S' ` @ G V \ i' r?.5 `� �-�Lr�i i'+�i'.� 'b D O �.,i O r �� Qy-.� L►.O n�..,, lr`' b f u_ � �'. •S ti��i- � �t � O i' (� 1, c� �' r3l( o \v-3 0._ Coyar� THE ACTIONS OR CORRECTIONS INDICATED ABOVE ARE REQUIRED TO BE CORRECTED BY (DATE) OR PENALTIES MAY BE APPLIED. FOR INSPECTION CALL 425-771-0220 Building ❑ Planning ❑ Engineering ❑ Fire ❑ Public Works Inspector _` Z6, Date THIS NOTICE TO REMAIN ON SITE White: Permitl7lof 49Buff: Applicant CITY OF EDMONDS DEVELOPMENT SERVICES DEPARTMENT 121 5th Avenue North, Edmonds, WA 98020 ORDER TO CORRECT VIOLATION Location of Violation (Address and/or description of location: 1251 Birch St, Edmonds, WA. 98020 Issued To: Kalam Abul Azad & Shabnam Shireen Address Of Person This Order Is Issued To: 1251 Birch St, Edmonds, WA. 98020 Code Section Violated: International Building Code, Section 105.1 - Permit Required Description of Violation: _Failure to obtain permit. Corrective Action Required: Obtain building_ permit for work completed. Correction is Required no later than: 4:00pm (time) November 23, 2022 (date) If correction is not made by the date and time specified in the Order, a Notice of Civil Violation shall be issued. The Notice of Civil Violation shall assess fines of $100.00 per day, or portion of a day, during which the violation continues. Date Posted: Date mailed: November 9, 2022 Issuing Party Dan Gooding Title Code Enforcement Inspector Signature OaK La,,AK$ 18 of 49 CITY OF EDMONDS MyBuildingPermit.com Land Use Application #1366693 - 1251 Residence Variance Applicant First Name Last Name Company Name Victor Sunq Number Street Apartment or Suite Number E-mail Address 9721 111th Ave NE vsgllc(@.gmail.com City State Zip Phone Number Extension Kirkland WA 98033 (206) 657-7297 Contractor Company Name Number Street City State License Number Project Location State Zip License Expiration Date UBI # Number Street 1251 BIRCH ST City Zip Code County Parcel Number EDMONDS 98020 00515200001500 Associated Building Permit Number Tenant Name BLD2023-0067 Azad Additional Information (i.e. equipment location or special instructions). Work Location Property Owner Apartment or Suite Number Phone Number Extension E-mail Address Floor Number Suite or Room Number 1 None First Name Last Name or Company Name Abul K & Azad Shireen S Azad Number Street Apartment or Suite Number 1251 BIRCH ST City State Zip EDMONDS WA 98020 Certification Statement - The applicant states: certify that I am the owner of this property or the owner's authorized agent. If acting as an authorized agent, I further certify that I have full power and authority to file this application and to perform, on behalf of the owner, all acts required to enable the jurisdiction to process and review such application. have furnished true and correct information. I will comply with all provisions of law and ordinance governing this type of application. If the scope of work requires a licensed contractor to perform the work, the information will be provided prior to permit issuance. Date Submitted: 8/23/2023 Submitted By: Victor Sung 19 of 49 Page 1 of 2 CITY OF EDMONDS MyBuildingPermit.com Land Use Application #1366693 - 1251 Residence Variance Project Contact Company Name: Name: Victor Sung Email: vsgllc@gmail.com Address: 9721 111th Ave NE Phone #: (206) 657-7297 Kirkland WA 98033 Project Type Activity Type Scope of Work New Deviations, Modifications, Variances, or Waivers Variance Project Name: 1251 Residence Variance Application for a variance at our home located at 1251 Birch St, Edmonds, WA 98020 Description of pursuant to ECDC 20.85.010. A variance is necessary to address an encroachment on the Work: property, which was caused by the formal owner and thus beyond our control. As set forth below, our request meets all of the findings required by ECDC 20.85.010. Project Details Development Type Variance 20 of 49 Page 2 of 2 Abul & Shireen Azad 1251 Birch Street Edmonds, WA 98020 Email:arsheeinc@gmail.com Phone: (509) 942-8817 August 23, 2023 City of Edmonds Permitting & Development 121 5th Ave N Edmonds, WA 98020 Re: A verified statement Dear Hearing Examiner: Shireen and I are owners of the property which is the subject of the variance application herein. We have appointed Victor to Sung to act as the applicant for the variance with our consent. Shireen Azad v Owners 21 of 49 Abul & Shireen Azad 1251 Birch Street Edmonds, WA 98020 Email:arsheeinc@gmail.com Phone: (509) 942-8817 August 23, 2023 City of Edmonds Permitting & Development 121 5th Ave N Edmonds, WA 98020 Re: Variance Application for 1251 Birch Street Dear Hearing Examiner: Please accept this letter as our application for a variance at our home located at 1251 Birch Street, Edmonds, WA 98020 (the "Property") pursuant to ECDC 20.85.010. A variance is necessary to address an encroachment on the Property, which was caused by the former owner and thus beyond our control. As set forth below, our request meets all of the findings required by ECDC 20.85.010. Background As an initial matter, we feel it is important that the City be provided with the facts and circumstances that require us to apply for a variance. In March of 2022, we purchased our home with the intention of creating a safe and comfortable environment for our disabled family members. The home offered a single level floor plan that would allow us to make modifications necessary to accommodate our family members with disabilities. We moved into the Property and have occupied it continuously since the purchase. Our initial excitement was dampened shortly after we moved in when we informed that significant additions had been made to the Property by the previous owner without obtaining the necessary permits. Realizing the importance of ensuring the safety and compliance of our new home, we decided to cooperate fully with City of Edmonds officials to rectify the situation. One of the changes to the Property made by the former owner was to enlarge a portion of the house that had originally been the garage. As shown in Exhibit A, the former owner increased the square footage of the home from 1,231 sf to 2,156 sf between 2019 and 2022. Over the past year, we have worked diligently alongside City officials to bring the property into compliance with local regulations. Despite our efforts, we encountered a significant roadblock. It has been brought to our attention that not only did the former owner make certain modifications without permits, but the one made to the garage resulted in an encroachment over the required set back and City right of way ("ROW"). Exhibit B shows the building footprint and the location of the encrQachment. \L _ q"!- 22 of 49 City of Edmonds Hearing Examiner August 23, 2023 The encroachment was not disclosed to us by the former owner of the Property. As we understand it, a portion of our home would have to be demolished to bring it into compliance with the City's setback requirements and to take it outside of the ROW. Demolishing even a part of our home would impose great emotional and financial distress on our family. We are deeply committed to working in collaboration with the City to rectify the situation and ensure that the Property complies with all necessary regulations. However, the prospect of demolishing a part of our home presents an overwhelming challenge, especially given the specific needs of our disabled family members and the substantial financial investment we have already made in the Property. ECDC 20.85.010 Criteria The findings required by ECDC can be made as follows: A. Special Circumstances: Strict enforcement of the zoning ordinance would deprive our family of use rights and privileges permitted to other properties in the vicinity with the same zoning. We should be permitted to occupy and enjoy the home as it is presently situated on the lot. Granting a variance would not result in a use change but rather would allow our family to enjoy the benefits of the current footprint of the home; a footprint nearly identical to that of other homes in the vicinity. The encroachment involves an estimated total of 620 sf. and does not involve a neighboring home owner. That portion of the encroachment into the ROW is minimal at 18 sf. It does not interfere with any public necessity or structure nor does it have any environmental impact. While we are mindful of ECDC 20.85.010A2, it is nonetheless important to take into account the fact that the encroachment was undisclosed to us, existed at the time we purchased our home and was not caused by our actions. B. Special Privilege: Granting a variance in this case would not provide us with any special privilege beyond what is reasonable and necessary to address the existing encroachment and setback requirements. See Exhibit B. As shown in Exhibits A and C, the footprint and position of our home on the lot does not stand out as unusual or different from that of the nearly identical homes in our neighborhood which we understand are bound by the same zoning. Again, it is not our intention to exploit this unfortunate situation, but rather to rectify a problem we inherited through no fault of our own. C. Comprehensive Plan: The proposed variance aligns with the goals and objectives outlined in the City of Edmonds' Comprehensive Plan and specifically Vision 2024. One of the overarching goals of Vision 2024 is that "(tjhe region will preserve, improve, and expand its housing stock to provide a range of affordable, healthy, and safe housing choices to every resident. The region will continue to promote fair and equal access to housing for all people." The Comp Plan's objectives of promoting these values, efficient land use and maintaining the character of neighborhoods are upheld by the granting of a variance to accommodate the existing encroachment. D. Zoning Ordinance: The variance request adheres to the spirit and intent of the current zoning for the neighborhood which is Single Family Urban 1. Granting a variance does not change the u 23 of 49 City of Edmonds Hearing Examiner August 23, 2023 Property nor does it alter density characteristics. A variance ensures the Property aligns with the required setback and does establish a precedent for future non-compliance. E. Not Detrimental: The proposed variance will not result in any negative impact on neighboring properties or the community as a whole, see Exhibit C. The encroachment in question does not interfere with the surrounding properties, and rectifying it will contribute to a more harmonious and compliant neighborhood. 6. Minimum Variance: The requested variance represents the minimum variance necessary to address the existing encroachment. The adjustment in property boundaries is solely aimed at rectifying the encroachment and does not seek any additional allowances beyond what is required for compliance. Conclusion We understand the importance of upholding community standards and complying with City regulations and as such, genuinely want to resolve this issue. We kindly request that you grant our request for a variance for 1251 Birch Street. The unique circumstances surrounding the encroachment, it's insignificant size and location, the absence of any interference with the ROW or any other structure, it's non -impact on zoning coupled with the property owner's lack of control over its existence, warrant an exception to the setback requirements. Granting this variance will not only address an inherited issue but also allow us to maintain the safety and comfort of our home while also ensuring compliance with city regulations without resorting to the demolition of our property. Thank you for your time and consideration of this variance application. I am available to provide any additional information or to attend any meetings as required. Sincerely, ul & Shireen Azad )perty Owners Enclosures as noted. 24 of 49 City of Edmonds Hearing Examiner August 23, 2023 EXHIBIT A Single Family 360 Property View 1251 Birch St, Edmonds, WA 98020 Listing MLS#: 1464112 Status: Sold (07/15/2019) Listing Price: $499,500 Community: Edmonds Bowl Area: 730 CDOM: 11 Original LP: $525,000 Bedrooms: 2 Bathrooms: 1.75 Sq Fr 1,231 Lot Size: .230 ac/10,019 sf SP%LP: 100.00% School District: Edmonds Sold Price: $499,500 Potential Terms: Cash Out, Conventional, FHA, VA Marketing Remarks Enjoy the experience of life close to Downtown Edmonds & Westgate shopping areas. Cozy Rambler on cul-de-sac awaits your personal touches. Fireplace in living r000m. Eating nook, pantry & skylight in kitchen. Master suite includes new carpet, walk in closet & 3/4 bath. Raised vegetable bed, Deck & Magnolia tree in private fenced backyard. Hardwood floors. New Exterior & interior paint. Easy access to Seattle, Everett & Bellevue via I-5, 405, Sounder, Amtrak & the future Sound Transit Station Broker Remark, Please use Rainier Title & Escrow a 751886RT All appliances included. this is an AS -IS sale. Seller to do no work orders Showing Info: MLS Keybox, Vacant Offers: Seller intends to review offers upon receipt Directions: From 15 or Hwy 99 go west on 220th. Cross 100 Ave W then turn left on Coronado PI & left again onto Birch St Broker: Patti Greene (5414) Broker Phone: (206) 369-5429 Office: Coldwell Banker Bain Office Phone: (425) 771-6444 Firm Document Email: millcreek9cbbain.com Office Fax: (425) 672-9182 Co -Broker: Nolan Greene (46712) Co -Broker Phone: (425) 501-2226 Co -Office: Coldwell Banker Bain Co -Office Phone: (425) 771-6444 Compensation: 3 Compensation Comments: Owner Name: Linda Murray Occupant Name: Vacant Owner Name 2: George Murray Owner Phone: (425) 672-9004 Owner City: Edmonds Occupant Type: Vacant Phone to Show: (000) 000-0000 Single Family 360 Property View 1251 Birch St, Edmonds, WA 98020 Listing MLS*: 1882797 Status: Sold (03/07/2022) Listing Price: $850,000 Community: Edmonds Bowl Arca: 730 CDOM: 5 Original LP: $850,000 Bedrooms: 4 Bathrooms: 3 SgFt: 2,156 Lot Size: .230 ac/ 10,019 sf SP%LP: 118.71 % School District: Edmonds Sold Price: $1,009,000 Potential Terms: Cash Out, Conventional Marketing Remarks Be ready to be amazed! Welcome home to this beautifully maintained and updated rambler just walks away from Edmonds Downtown and all the shopping. Hidden away, this true Gem features 4 bed, 3 bath 2100 sgff. Home features all new hardwood floor throughout the whole house leading to open concept Great room with vaulted ceiling & sky lights to fill the room with natural lights. Open concept dining area with Brand new kitchen &appliances, freshly updated bathrooms, fresh exterior+ interior paints and much much more! Last bedroom has its own entrances for possible MIL possibilities. Back patio leading to leveled backyard for entertainment. Outdoor shed with Fully fenced back yard. Don't miss this opportunity to be a part of Edmonds. Please use Ticor Title and Empire Escrow - Timothy Kim, All offers if any due by 2/1/2022 by Ipm. will respond within 24 hours. Please call Co -LA for all questions. Showing Info: Appointment, MLS Keybox, ShowingTime, Vacant Offers: Seller will review offers on Offer Review Date (or sooner) - 02/01/2022 Directions: Take 1-5 S to 220th St SW in Mountlake Terrace. Take exit 179 from I-5 S, West on 220th St SW, Continue straight onto Elm Way, Turn left onto Coronado PI, Turn left onto Birch St, Home on the right. Broker: Andrew 7eong (94726) Office: COMPASS Firm Document Email: contractsseattleocompass.com Co -Broker. Andy Lee (122042) Co -Office: COMPASS Compensation: 2.5 Owner Name: Simranjeet Singh Owner Name 2: Owner City: Seattle, WA Occupant Type: Vacant Broker Phone: (206) 354-9394 Office Phone: (206) 448-8888 Office Fax: (206) 728-7788 Co -Broker Phone: (253) 720-2937 Co -Office Phone: (206) 448-8888 Compensation Comments: Occupant Name: Vacant Owner phone: (000) 000-0000 Phone to Show:(253) 720-2937 25 of 49 City of Edmonds Hearing Examiner August 23, 2023 EXHIBIT B / 0 / r„ --- --- .--- • „r �' St ..r.n W s h y J rrc ..., m- `�r :b'•e w m y��p 0' cl -- • �I..N .I •^ of � J �c_ e` E= I n.. BIRCH STREET��w. ENCRWGNMENT AREA ENCROACHMENT HTO ROW 26 of 49 City of Edmonds Hearing Examiner August 23, 2023 EXHIBIT C 27 of 49 `nC. 199V CITY OF EDMONDS 121 5t" Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov PLANNING & DEVELOPMENT DEPARTMENT • PLANNING DIVISION DATE: September 25, 2023 TO: Victor Sung FROM: Rose Haas, Planner rose.haas@edmondswa.gov (425) 771-0220 (ext. 1239) RE: Complete Application — Corrections Required PLN2023-0057 1251 Birch Street RS-8 Variance The City of Edmonds has reviewed the application for the land use application above. Pursuant to Sections 20.02.002 and 20.85.010 of the Edmonds Community Development Code (ECDC), the application meets the procedural submission requirements and therefore is complete in accordance with ECDC 20.02.003. The City will issue a Notice of Application pursuant to ECDC 20.03.002 within two weeks and request comments from adjacent property owners within a 300 ft radius of the subject property. The Notice will also be published in the Everett Herald and posted at the Edmonds Planning & Development Department and Public Safety Building. I will also install a small blue project notification sign onsite. Comments will be accepted for fourteen calendar days from the date the Notice is published. While the application is procedurally complete, you must submit required additional information and clarifications prior to continued review of the application. Please respond to each of the comments in a cover letter and by providing updated plans or other materials as necessary. Staff will contact you as our review continues if additional information is necessary. PLANNING DIVISION COMMENTS: 1) Survey Required: Please resubmit a survey that is prepared by, and bears the seal and signature of, a professional land surveyor registered in the State of Washington. The survey must show the exterior boundaries of the property, the existing structures, and the required setbacks. 2) Setbacks: The results of the survey may indicate that portions of the structures are illegal nonconforming in regard to setback requirements for the RS-8 zone. Please 28 of 49 indicate within your Criteria Statement resubmittal whether you would also like the Hearing Examiner to consider specific setback nonconformities in his decision (in addition to the Right -of -Way encroachment). 31J1_111 V[Cl0] kyjMISIMEGIM14 AIWJ 3) Please be aware that there is an open code enforcement case for alleged illegal construction work performed at this property that potentially includes an addition to the garage, along with other work. (Reference COD2022-0017) 4) Any demolition or other alterations of the building performed as a result of the referenced code enforcement case or resulting from this variance determination shall be required to obtain the appropriate building permits. The Engineering Department may also require additional information. I will forward you additional comments as they are available. Please be aware that a complete response to this information request must be received within 90 days or the application will lapse for lack of information (ECDC 20.02.003(D)). 29 of 49 CITY OF EDMONDS NOTICE OF APPLICATION AND COMMENT PERIOD .1nC. l g9" NAME OF APPLICANT: Victor Sung DATE OF APPLICATION: 8/28/2023 DATE OF COMPLETENESS: 9/25/2023 DATE OF NOTICE: 10/10/2023 FILE NO.: PLN2023-0057 PROJECT LOCATION: 1251 Birch St, Edmonds, WA PROJECT DESCRIPTION: Application for Zoning Variance for unpermitted additions that do not meet current development standards. The site is zoned Single -Family Residential (RS-8). REQUESTED PERMIT: Conditional Use Permit - Type III-B Hearing Examiner decision. Information on this development application can be obtained online at https://www.edmondswa.gov/services/public involvement/publi c notices/development notices under the development notice for application number PLN2023-0057, by emailing the City contact listed below, or by calling the City of Edmonds at 425- 771-0220. Please refer to the application number for all inquiries. OTHER REQUIRED PERMITS: BUILDING PERMIT REQUIRED REQUIRED STUDIES: N/A EXISTING ENVIRONMENTAL DOCUMENTS: CRA2019-0180 COMMENT PERIOD: Comments due by October 24, 2023. Once the Public Hearing is scheduled, a Notice of Public Hearing will be issued with an additional comment period. Any person has the right to comment on this application during the public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The city may accept public comments at any time prior to the closing of the record of an open record pre -decision hearing, if any, or, if no open record pre -decision hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.06.020 have standing to initiate an administrative appeal. CITY CONTACT: Rose Haas, Planner rose. haas(a)edmondswa.gov PUBLISH: 10/10/2023 30 of 49 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213. Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of L:DH985482 PLN2023-0057 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 10/10/2023 and ending on 10/10/2023 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the WA licati $65.36. Subscribed and sworn bef me on this day of Notary Public in and for the State of Washington. City or&inn+nds D—I.p-ni S--� 186031703 ROSL HAAS Linda Phillips Notary Public State of Washington My Appointment Expires 8129/2025 Commission Numner L17 31 of 49 Classified Proof CITY OF EDMONDS NAME OF APPLICANT: Victor Sung DATE OF APPLICATION: 8/28/2023 DATE OF COMPLETENESS: 9/2512023 DATE OF NOTICE: 1011012023 FILE NO, PLN2023.0057 PROJECT LOCATION: 1251 Birch St, Edmonds, WA PROJECT DESCRIPTION: Application for Zoning Variance for unpennitted additions that do not meet current development standards. The site is zoned Single -Family Residential IRS-8). REQUESTED PERMIT: Conditional Use Permit - Type 111-8 Hearing Examiner decision. I nfonnation on this development application can be obtained online at https: I/wmv.ec[monciswa.gov/servicestpublicinvolvementipubli cno lices/developmen tnotic e s under the development notice for application number PLN2023- 0057, by emailing the City contact listed below, or by calling the City of Edmonds at 425- 771.0220. Please refer to the application number for all inquiries. OTHER REQUIRED PERMITS: BUILDING PERMIT REQUIRED REQUIRED STUDIES: N/A EX IST!NG ENVIRONMENTALD OCUMENTS: CRA2019-0180 COMMENT PERIOD: Comments due by October 24, 2023 Once the Public Hearing is scheduled, a Notice of Public Hearing will be Issued with an additional comment period. Any person has the right to comment on this application during the public comment period, receive notice and participate in any hearings. and request a copy of the decision on the application The city may accept public comments at any time prior to the closing of the record of an open record pre -decision hearing, if any, or, if no open record pre -decision hearing is provided, prior to the decision on the project permit. Only parties of record as defined In ECDC 2006.020 have standing to initiate an administrative appeal, CITY CONTACT: Rose Haas, Planner rose.haas@edmondswa.gov Published. October 10, 2023. EDH985482 Proofed by Phillips, Linda, 10/10/2023 11:18:41 am Page: 2 32 of 49 File No.: PLN2023-0057 Applicant: Victor Sung; Variance DECLARATION OF MAILING On the 1Oth day of October 2023, the attached Notice of Application was mailed by the City as prescribed by Ordinance to property owners within 300 feet of the site that is the subject of this application. I, Rose Haas, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 10th day of October 2023, at Edmonds, Washington. Signed: Rose Haas, Planner 33 of 49 File No.: PLN2023-0057 Applicant: Victor Sung; Variance DECLARATION OF POSTING On the loth day of October 2023, the attached Notice of Application and Request for Public Comment was posted at the subject property, Civic Hall and Public Safety buildings. I, Rose Haas, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this loth day of October 2023, at Edmonds, Washington. Signed: 34 of 49 ONELEGAL DESCRIPTION (PER STATUTORY WARRANTY DEED RECORDING# 202202280518) LOT 15, MICHIELLI PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS AT PAGES 64 THROUGH 65, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. BASIS OF BEARINGS dM ACCEPTED A BEARING OF N 00°46'04" E BETWEEN MONUMENTS FOUND ALONG THE CENTERLINE OF 100TH AVENUE W, CALCULATED USING NAD 83(2011) WASHINGTON STATE PLANE COORDINATES PER GPS OBSERVATIONS. REFERENCES R1. MICHIELLI PARK, VOL. 16 OF PLATS, PG. 64 THROUGH 65, RECORDS OF SNOHOMISH, WASHINGTON. VERTICAL DATUM NAVD 88 PER GPS OBSERVATIONS SITE TEMP. BENCHMARK DESCRIPTION: PK NAIL W/ RED WASHER LOCATION: EAST OF CUL-DE-SAC MON ON BIRCH STREET ELEVATION: 299.46' SURVEYOR'S NOTE�fi 1. THE TOPOGRAPHIC SURVEY SHOWN HEREON WAS PERFORMED IN MAY OF 2023. THE FIELD DATA WAS COLLECTED AND RECORDED ON MAGNETIC MEDIA THROUGH AN ELECTRONIC THEODOLITE. THE DATA FILE IS ARCHIVED ON DISC OR CD. WRITTEN FIELD NOTES MAY NOT EXIST. CONTOURS ARE SHOWN FOR CONVENIENCE ONLY. DESIGN SHOULD RELY ON SPOT ELEVATIONS. 2. ALL MONUMENTS SHOWN HEREON WERE LOCATED DURING THE COURSE OF THIS SURVEY UNLESS OTHERWISE NOTED. 3. THE TYPES AND LOCATIONS OF ANY UTILITIES SHOWN ON THIS DRAWING ARE BASED ON INFORMATION PROVIDED TO US, BY OTHERS OR GENERAL INFORMATION READILY AVAILABLE IN THE PUBLIC DOMAIN INCLUDING, AS APPLICABLE, IDENTIFYING MARKINGS PLACED BY UTILITY LOCATE SERVICES AND OBSERVED BY TERRANE IN THE FIELD. AS SUCH, THE UTILITY INFORMATION SHOWN ON THESE DRAWINGS ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED ON FOR DESIGN OR CONSTRUCTION PURPOSES; TERRANE IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY OR COMPLETENESS OF THIS UTILITY INFORMATION. FOR THE ACCURATE LOCATION AND TYPE OF UTILITIES NECESSARY FOR DESIGN AND CONSTRUCTION, PLEASE CONTACT THE SITE OWNER AND THE LOCAL UTILITY LOCATE SERVICE (800-424-5555). 4. SUBJECT PROPERTY TAX PARCEL NO. 00515200001500. 5. SUBJECT PROPERTY AREA PER THIS SURVEY IS 10,175 ±S.F. (0.23 ACRES) 6. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. EASEMENTS AND OTHER ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN HEREON. 7. EXISTING STRUCTURE(S) LOCATION AND DIMENSIONS ARE MEASURED FROM THE FACE OF THE SIDING UNLESS OTHERWISE NOTED. 8. FIELD DATA FOR THIS SURVEY WAS OBTAINED BY DIRECT FIELD MEASUREMENTS WITH A CALIBRATED ELECTRONIC 3-SECOND TOTAL STATION AND/OR SURVEY GRADE GPS OBSERVATIONS. ALL ANGULAR AND LINEAR RELATIONSHIPS ARE ACCURATE AND MEET THE STANDARDS SET BY WAC 332-130-090. EGEND 0 ASPHALT SURFACE P ❑ POWER METER QQ BRASS DISC (FOUND) PPO POWER POLE ® BRICK SURFACE 0 REBAR & CAP (SET) BUILDING 0 REBAR AS NOTED (FOUND) CENTERLINE ROW RETAINING WALL SSCO ° CLEANOUT ���c, ROCKERY 0 CONCRETE SURFACE SS SEWER LINE ® DECK (^_� SEWER MANHOLE FENCE LINE (WOOD) SD STORM DRAIN LINE FIRE HYDRANT STORM MANHOLE ❑� INLET (TYPE 1) SIZE TYPE o TREE (AS NOTED) ® MAILBOX (RESIDENTIAL) W WATER LINE *� NAIL AS NOTED WM ❑ WATER METER P POWER (OVERHEAD) WVM WATER VALVE ►fit MONUMENT (IN CASE, FOUND) VICINITY MAP N.T.S. 7th &'9R Elm Park Elm St I 301.87tzt�_: POGRAPHIC & BOUNDARY SURVEY 302.11 301•66 301.77 301.35-� SSCO Wvx w a o 300.03 0 0 300.39 w 300.97 p 300.60- 299.71 299.73 I 300.84 C/) 300.8 FENCE COR 3°4 10", 16", 30n 3" DEC 3" DEC 303.3- e 302 0 303.0 303.0 300.96 '�� " ,•� �' 299.36� ', • , 4�A • 301.91\ �� 2• 16 CHO r E ,2' •� . a x300.79 '•� x300.33 3a 1 �'C Wa � `e� x300.7 w PP 301.7 0 �.. : a �N.C� . 29988x W 300.98 301.3x 301.1= 300.7- •° A \� . •:�. 301.2x 2" DEC SET c6...: 0- REBAR/CAP \ N 'A' 298.84 299.02 300.84 •O AT PROP COR M x3oo.s rn 300.7* 6 300.4 298.85 298.97 FOUND MON x IN CAS 300.47x 300.57 o 0 0 n 300.44 BRASS PIN, DOWN 0.7' 300.61 "•0' 30C` • „n . 298.86 . 30050 300.74 ° SITE TBM 300.26 0 03x3033 30 . ' ► PK NAIL & RED WA R ELEV=299.46' ° A 298.51 n x299.49 299.89x 0 x300.2 Ld 299.94 O A 300.04 x300.3a 300.1• LO55' ROW co w a00 .298.91 299.28 .7- CB (TYPE 1) RIM=295.60' IE 12"CPEP(N.)=291.90' IE 12"CPEP(SE.)=291.80' W rn A U 298.37x (n ----- 10 299gx _� 299.9- 299.73.. .. e e a 0 •: r ^ V J 298.5 z O 2" DEC APPROX. LOCATION .o +� clio 297.90 5) MAILBOXES xzss.z OF WATER PER PAINT MARKS (TYP) .�••a U ASPH a ROAD W W-W W WM . 00 4 298.0 299.29 T� +• 2.5' .;299•.,�, 296.991 298 7 �oos�•..�'r 7 296.95 .17 298 2 9 296.55 .,L •, .aa,•,', •., d • is a 2 2.4' N ` -295.68 .. '•. �• . 2�7.48`• �29 3px .. ' a T F ROP.iCQI1.: a..... .. : 71I �..� . ' .•a.+ .�• I. •' • '0..ql ° •d.11 ' ROW .m 'a.• 294.65= �:Z, a. v � •.r ::.•.'°' ,.a •, ....�'. ." �.•,`,, •. �0•• FF EL=298.8' +�< � Fyn.• vi 294.23 N N � .r 293.75 296. 3" EVG 27.6 298.0 -298.1 rp N N 294.2 o � • a�. EAVE 294.2 SD SD BROKEN 6.3 SD SID z� SD CONCRETE 293.21x S s', . � to WALL 292.9 2936 9 294.40 Q 293.00x 293. x x94.3 29h 4 296.9 3: O - - - - - _ 293.2 297.0 ROCKERY N 8838'18" W 292.73 zsz.N 9.4 25.00' n �q N SET co WOOD WALL $ 293.7 REBAR/CAP w FENCE COR 292.41x AT PROP COR v O 0.1' S O 292.06 CB (TYPE 1) Of c I RIM=292.96' IE 12"CONC(S./E.)=289.36' Q IE 12"CONC(NW.)=289.86' � a N 4SD (o CB (TYPE 1) 8.00 220thStSW 220thStSW BIRCH STREET RIM=28VC(N '0 1 N 88'37'52" W 299.99' MEAS IE 12"CONC( .)=28 .0 N 88'37'52" W 175.00' IE 12"CONC(W.)=286.05' o s s (300.00' R1) , ? � -0 Westgate D ►T ALC D R1 I SSMH m ElementarySchool� RIM =288.55' FOUND MON IN CASE NN IE 8"CONC(N./W.)=282.95'(C.C.) BRASS DISK, DOWN 0.7 \ �FOUND MON IN CASE IE 6"CONC(SE.)=282.95'(C.C.) Q� �.-• BRASS PIN, DOWN 0.7' c 0 o` U o ff O�// s �- Birch..St -� co D m rmick Medical Northwest Logo Products bution - I F STEEP SLOPE/BUFFER DISCLAIMER: THE LOCATION AND EXTENT OF STEEP SLOPES SHOWN ON THIS DRAWING ARE FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE RELIED ON FOR DESIGN AND/OR CONSTRUCTION. THE PITCH, LOCATION, AND EXTENT ARE BASED SOLELY ON OUR GENERAL OBSERVATIONS ON SITE AND OUR CURSORY REVIEW OF READILY AVAILABLE PUBLIC DOCUMENTS; AS SUCH, TERRANE CANNOT BE LIABLE OR RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ANY STEEP SLOPE INFORMATION. ULTIMATELY, THE LIMITS AND EXTENT OF ANY STEEP SLOPES ASSOCIATED WITH ANY SETBACKS OR OTHER DESIGN OR CONSTRUCTION PARAMETERS MUST BE DISCUSSED AND APPROVED BY THE REVIEWING AGENCY BEFORE ANY CONSTRUCTION CAN OCCUR. GA � P 2 w 298.79 299.30 N 2982 FOUND REBAR AT PROP COR O 26" FIR Om FC 26" CED \. 301 300.7- --- - 300.6x 300.2 O D m 300.2 300.5. EAVE 300.3 300.3 300.1 DO. 27.6' 300.1. 300.1 8". 12" DEC ROOF EL=313.5'm_ 'i3N %�ti4 30U.2.7 300.15 F. HOUSE NO. 1251 •'300:1 .0 '" 300.11 FOOTPRINT=2,722 ±S.F. 3oo.2x W > 300.2x o LJ 0 o I N 88*38'18" W 126.73'29, lb 293. 300.1. 300.3. 300.5x \ 300. 300.4 700-5 W Y U 0 elf 7 i♦ I���+ ♦ Vr. SD SD ���i�i�i�♦�i AAA♦��♦�������♦�♦�� ii.aiiiiMEMO Iiiiiiii,�iir-iil imVio .I J (n J 298. AW Q 1q: U Z W 307.5x U (n �O (n U Zit Z� Zr, Wp LLIO 307.6x FOUND REBAR 0.20'S OF LINE & 0.27'W FROM PROP COR FOUND MON IN CASE BRASS DISK, DOWN 1.2' FENCE COR 1.3'E OF LINE & 0.7'N FROM PROP COR . 308.35 3 7.73 d• W � .� o . w a • '`I y may' a„ ••6 m CB (TYPE 1) a': RIM=307.38' 9790 (NO PIPES OBSERVED) -EJ n a V -,. 30 6 BOTTOM=295.38' -A 4.' e� T N '� •� N . o •..'?r.::: N .•O'Q Q �;•. Ld a, O •a • 30 ROW t:)j a W 4, •a.a :.• l� ' O 04 �•• _O 00 T O � + • I_W Q o Za- n ;'A • '. �Q8&69. . . 308.06 ay . nr D SDMH a: RIM=308.75' IE 12"CONC(N.)=295.15' IE 12"CONC(E.)=294.95' IE 12"CONC(W.)=294.85' O'852- - - - - - - - - - N 88*38'18" W 30.00, 308.59 00 °ice 0 FOUND BRASS DISK INDEXING INFORMATION NE 1 /4 SW 1 /4 4 IVE 4 SECTION: 25 TOWNSHIP: 27N SE 4 RANGE: 03E, W.M. COUNTY: SNOHOMISH Q) L tA to Q) E s i co W Q o p O Z O W Z o � O o co m O LU w W O U w 0 = Q N cL a_ 0 W � A ��1 coo F a o \0Jyr � N c ai N QJ N 0 •� c Ln o v a)O- v 00 00 M 00 Ln Q C 3 00 > U, 00 � m Q JOB NUMBER: 230609 DATE. 05125123 DRAFTED BY., IDV/GKD CHECKED BY: JGM/ WMS SCALE: 1 " = 10' REVISION HISTORY SHEET NUMBER 1 OF 1 35 of 49 Abul & Shireen Azad 1251 Birch Street Edmonds, WA 98020 Email:arsheeinc@gmail.com Phone: (509) 942-8817 December 08, 2023 City of Edmonds Permitting & Development 121 5th Ave N Edmonds, WA 98020 Re: Criteria Statement Dear Hearing Examiner: Shireen and I are owners of the property which is the subject of the variance application herein. We would also like you to consider specific setback nonconformities in your decision in addition to the Right- of-way encroachment. Sincerely, i Abul i�9�ireen Azad Prope y wners 36 of 49 Abu[ & Shireen Azad 1251 Birch Street Edmonds, WA 98020 Emait:arsheeinc@gmaii.com Phone: (509) 942-8817 April 4, 2024 City of Edmonds Permitting & Development Department, Planning Division 121 5th Ave N Edmonds, WA 98020 Attn: Rose Haas, Planner Re: PLN2023-00571251 Birch Street R8 Variance; Response to Planning Division Comments: Dear Ms. Haas: Please accept this letter in response to yours dated January 4, 2024. Concerning setbacks, based on ECDC 16.20.030 (table below), the rear setback for RS-8 zone is 15' and not 25'. We think that means the concrete patio (C in below diagram) complies with the City's setback requirement. The shed is an accessory structure and per ECDC 16.20.050.C, rear setback may be reduced to a minimum of 5' for accessory buildings covering less than 600 square feet of the site. The 139-sq/ft shed (A in below diagram) meets this qualification and is well outside of the City's 5' setback requirement. According to ECDC16.20.040.C, decks may project into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided that they are no more than 30 inches above level at any point. The existing deck (B in the below diagram) may project 4' into the 15' rear setback, with the area highlighted in RED beingthe only element in the rear yard that requires adjustment to achieve compliance with the City's standard. 16620.030 Table W ote "Oop tl, nt tan,: a, ds. ! O fue ftll"� te_ MY"MI etwbe,m U­ t N-- Mrf.w mwAp— let A... D11"" let °istr %h f,M R— C—P k MK w Pt) vttna s.tben Ulb k s.u..k MW aped ewer Kee IMAK U r, IT A ts• b♦ tAN 5.1 Iv is rt z D h+ ev, lAee 1, .b JO V a h fN 1 asy ,zee s' w' zs^ W zs' t i i , �Ert Tei P^CKEQI SIN W+ �:- 37 of 49 Ms. Rose Haas City of Edmonds April 3, 2024 As for the setback from the street property line, we appreciate the City's support of a variance to reduce the west street setback from 25'to 15'. However, this still does not relieve us from having to demolish the existing garage. The journey to rectify the unpermitted structure on our property has been fraught with challenges that have deeply impacted our family's quality of life. From the initial submission of an as -built drawing to the City, to hiring a structural engineer to assess and verify the condition of the unpermitted work, every step has been a significant undertaking. The deconstruction of the living space to provide structural drawings for the City's review further added to the strain, both financially and emotionally. Moreover, the requirement to hire a surveyor to provide an updated survey of the site revealed the encroachment issue necessitating the variance application we are pursuing today. Despite this arduous process, our family has remained steadfast in our commitment to bringing our home into compliance white minimizing any further impact on our family. Therefore, we would like to proceed with our variance request for a setback reduction, as well as a boundary line adjustment, in the hope that the Hearing Examiner wilt recognize that by granting our request no adverse impact will be brought upon our neighborhood. We are not proposing to build anything new; rather, we seek to retain the existing encroachment that was not our fault as the current owner because this condition was created by a previous owner without any prior notice or information to us. ncerely, hiree tad' Proke)j y Owners/Applicants 38 of 49 CITY OF EDMONDS NOTICE OF PUBLIC HEARING "nc. 1891 NAME OF APPLICANT: Victor Sung DATE OF APPLICATION: 8/28/2023 DATE OF COMPLETENESS: 9/25/2023 DATE OF NOTICE: 5/30/2024 FILE NO.: PLN2023-0057 PROJECT LOCATION: 1251 Birch St, Edmonds, WA PROJECT DESCRIPTION: The applicant is requesting a Zoning Variance to allow for unpermitted additions that do not meet current development standards. The site is zoned Single - Family Residential (RS-8). REQUESTED PERMIT(S): Variance —Type III-B decision by Hearing Examiner Information on this development application can be obtained online at httos://www.edmondswa.Rov/services/Dublic involvement/oublic notices/develop ment notices under the development notice for application number PLN2023-0057, by emailing the City contact listed below, or by calling the City of Edmonds at 425- 771-0220. Please refer to the application number for all inquiries. OTHER REQUIRED PERMITS: Building Permit REQUIRED STUDIES: N/A EXISTING ENVIRONMENTAL STUDIES: CRA2019-0180 PUBLIC HEARING INFORMATION: A hybrid public hearing will be held by the Hearing Examiner on Thursday, June 13, 2024 at 3:00 p.m. The physical location is Edmonds City Hall, 121 5th Avenue N, 3rd Floor, Brackett Room. Or join the Zoom meeting at: https://edmondswa- gov.zoom.us/I/82688031743?pwd=UEROWk5hdU5DN1dRK1V3MkR2WTRSdz09 Or via phone by dialing 253-215-8782 Meeting ID: 826 8803 1743 Password: 308007 Per ECDC 20.03, any person has the right to comment on this application during public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. A copy of the staff report will be available at least seven days prior to the hearing date. CITY CONTACT: Rose Haas rose.haas@edmondswa.gov 425-771-0220 PUBLISH: May 30, 2024 39 of 49 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH996912 PLN2023-0057 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of I issue(s), such publication commencing on 05/30/2024 and ending on 05/30/2024 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount the fee for $80.84. Subscribed and sworn before me on this day of 02 Notary Public in and for the State of Washington. Cry of Edmonds Developnienl Services 186031703 ROSE HAASI Linda Phillips Notary Public State of VIVashington FMyAPDointment Expires 8/2912O25 o"m"Sc'ion Number 44117 9' • w • J Classified Proof CITY OF EDMONDS NOTICE OF PUBLIC HEARING NAME OF APPLICANT: Victor Sung DATE OF APPLICATION; W812023 DATE OF COMPLETENESS 9/25/2023 DATE OF NOTICE: 5/3O/2D24 FILE NO.: PLN2023-DO57 PROJECT LOCATION: 1251 Birch St, Edmonds, WA PROJECT DESCRIPTION- The applicant is requesting a Zoning Variance to allow for unpermitted additions that d0 not meet current development standards. The site is toned Singte-Famly Residential (RS-8). REQUESTED PERMIT(S): Variance — Type III-B decision by Hearing Examiner Information on this development application can be obtained online at hltps-//www.edmondswa.gov/services/pubric invoNement/public_n otices/deve(opmentnotices under the development notice for application number_PLN2023-0057, by smelling the City contact listed below, or by calling the City of Edmonds at 425.771.0220. Please refer to the application number for all inquiries OTHER REQUIRED PERMITS: Building Permit REQUIRED STUDIES N/A EXISTING ENVIRONMENTAL DOCUMENTS: CRA2019-0180 PUBLIC HEARING INFORMATION. A hybrid public hearing will be held by the Hearing Examiner on Thursday, June 13, 2024 at 3:00 p m The physical location is Edmonds City Hall, 121 5th Avenue N, 3rd Floor, Brackett Room. Or join the Zoom meeting at: https.1/edmondswagov zoom.us/j/82688031743?pwd=UEROWk5hd U5DN1dRK1V3MkR2WTRSdze9 Or via phone by dialing 253-216-8782 Meeting ID: 826 8803 1743 Password: 308007 Per ECDC 20.03, any person has the right to comment on this application during public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, If any, or, if no open record predecision hearing Is provided, prior to the decision on the project permit A copy of the start report will be available at least seven days prior to the hearing date. CITY CONTACT: Rose Haas rose.haas@edinondswa.gov 425-771-0220 Published: May 30, 2024. EDH996912 Proofed by Phillips, Linda, 05/30/2024 01:14:09 pm Page: 2 41 of 49 Legal Invoice Sound Publishing, Inc. Unit Attn: A/R PO Box 930 Everett WA 98206-0930 Bill To: City of Edmonds Development Services Attn Debbie Rothfus 121 - 5th Ave N Edmonds WA 98020-3145 Legal Description: City Applications Dese: PLN2023-0057 Ordered By: ROSE HAAS Issues Ordered: 1 RECEIVED JUN 06 2024 DEVELOPMENT SERVICES COUNTER Date: 05/30/2024 Everett Daily Herald Customer Account #: 86031703 Legal Description: EDH996912 Legal #: EDH996912 Ad Cost: $ 80.84 Published: Everett Daily Herald Start Date: 05/30/2024 End Date: 05/30/2024 Due: $ 80.84 Please return this with payment. Questions? Call 1-800-4854920 City of Edmonds Development Services Account #: 86031703 Attn Debbie Rothfus Invoice #: EDH996912 121 - 5th Ave N Edmonds WA 98020-3145 Due: $ 80.84 42 of 49 FILE NO.: PLN2023-0057 Applicant: Notice of Public Hearing @ 1251 Birch St. Edmonds. DECLARATION OF MAILING On the 29th day of May, 2024 the attached Notice of Public Hearing notification was mailed to the City of Edmonds to property owners within 300 feet of the property that is the subject of the above -referenced application. The adjacent property owners list was provided by the applicant. I, Michelle Martin, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 29th day of May 2024, at Edmonds, Washington. Signed: 7&"e& 7& {BFP747887.DOC;1\00006.900000\ } 43 of 49 File No.: PLN2023-0057 Applicant: Victor Sung; Variance DECLARATION OF POSTING On the 30th day of May 2024, the attached Notice of Public Hearing was posted at the subject property, Civic Hall and Public Safety buildings. I, Rose Haas, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 30th day of May 2024, at Edmonds, Washington. Signed: ��✓� 44 of 49 City of Edmonds Zoning and Vicinity Map 1235 _ 2200 5 ' Legend M - 0 ReZones } N PRD N Ro W Zoning „ RS-6 4 RS-8 1� RS-12 •• [_7 RSW-12 RS_20 il�i2 5 1 2t 2222 1 - 2 L RS-MP RIM-3 - i ■ RIM-2.4 e .i i * RM-EW 12 5 6 BD1 BD2 BD3 1259 2222-9,: 7U +' BD5 +\ OR WMU • BP BN FVMU BC Notes 1.1 DO 0 1251 0 63.15 126.3 Feet 1 ,128 94.0 This map is a user generated static output from an Internet mapping site and is for Birch Street reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web-Mercator _Auxiliary -Sphere current, or otherwise reliable. © City of Edmonds 45 Of 49 THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION MEMORANDUM Date: May 28, 2024 To: Rose Haas, Planning From: Jeff Whatmore, Engineering Subject: PLN2023-0057 — Residence Variance 1251 Birch St The comments provided below are based upon review of the application and documents submitted for the subject application. Encroachment 1. Birch Street is a public City right-of-way and the subject variance requests permanent encroachment into the right-of-way with a single-family residential structure. A variance would not be allowed for a structure within the city ROW. All structures shall comply with the setbacks determined by the Planning division. Easements The following items shall be addressed with submittal of the recording documents: City maps indicate a stormwater main runs east and west between 100th Ave W and Birch St. in the vicinity of the proposed variance request. The map below provides an approximate location of the stormwater main and actual location should be confirmed on site. I was not able to find confirmation of a sewer easement through the subject properties. Please revise the lot line adjustment documents to also include the granting of a 15-foot wide public stormwater easement to the City of Edmonds, with the stormwater main centered within the easement area or provide proof of an existing easement and reference on the recording documents accordingly. City of Edmonds 46 of 49 12 1 2-34 12-1( 2-118 14112-- 2. The subject property is located within the Olympic View Water and Sewer District (OVWSD). I am unable to verify whether any public easements exist across the subject properties. OVWSD should be given an opportunity to comment on the proposal prior to approval. Thank you. 47 of 49 From: Haas, Rose To: Samantha Hooper Subject: RE: 1251 Birch Street Date: Wednesday, October 18, 2023 5:38:00 PM Ms. Hopper, Thank you for the comment regarding the Request for Variance (PLN2023-0057). You are now a party of record to the project, will receive a copy of my Staff Report, and the subsequent Hearing Examiner decision. You will have the right to appeal that decision if you find necessary. You will receive an additional notice for a hybrid public hearing that will take place in several weeks (date not yet determined). Please let me know if you have further questions and/or comments. Thank you, Rose Haas I Planner Planning & Development Department City of Edmonds, WA Desk (425) 771-0220, ext. 1239 1 Mobile (425) 758-1058 The Permit Center is open M-F 8:00am to 4:30pm for Telephone and Digital access. In -Person walk-in service is currently available M-F 8:30am-12:00pm and 1:00pm-2:00pm For general service: Phone 1 425.771.0220 Email I devserv.admin@edmondswa.gov GIS I www.maps.edmondswa.gov -----Original Message ----- From: Samantha Hopper <samantha_s_smith@outlook.com> Sent: Wednesday, October 18, 2023 4:34 PM To: Haas, Rose <rose.haas@edmondswa.gov> Subject: 1251 Birch Street Hello Rose, We live across the street from 1251 Birch Street. We are at 1250 Birch Street. We wanted to inquire and learn more about the Application for Zoning Variance on our neighbor's house. Can you share any details? While the previous owners were responsible for the renovations and addition to the current home at 1251 Birch Street, we have found no issue or concerns with the renovation or additions from our side. They do not bother or interfere with us as neighbors and they add aesthetic value to our neighbor's home. Thank you for any details you can share. Please let us know how we can further assist our kind neighbors with this matter. Thank you, Samantha Hopper From: Haas, Rose To: Brian Warren Subject: RE: PLN2023-0057 Date: Thursday, October 19, 2023 9:34:00 AM Mr. Warren, Thank you for the comment regarding the Request for Variance (PLN2023-0057). You are now a party of record to the project, will receive a copy of my Staff Report, and the subsequent Hearing Examiner decision. You will have the right to appeal that decision if you find necessary. You will receive an additional notice for a hybrid public hearing that will take place in several weeks (date not yet determined). Please let me know if you have further questions and/or comments. Thank you, Rose Haas I Planner Planning & Development Department City of Edmonds, WA Desk (425) 771-0220, ext. 1239 1 Mobile (425) 758-1058 -----Original Message ----- From: Brian Warren <brian@begoodnotbad.com> Sent: Wednesday, October 18, 2023 5:07 PM To: Haas, Rose <rose.haas@edmondswa.gov> Subject: Re: PLN2023-0057 Hi Rose, We're neighbors of the Sungs and want to drop you a note saying we do not object to the updates to their house. It sounds like they're just trying to get everything up to date over there and that's fine with us. Let us know if you have any questions. Thanks! Brian Warren 846 Poplar Way Edmonds, WA 98020 49 of 49