Resolution 352PLANNING COMMISSION
RESOLUTION NO. 352
A RESOLUTION TO THE CITY COUNCIL OF'THE CITY OF EDMONDS RECOM-
MENDING AN AMENDMENT TO THE OFFICIAL ZONING ORDINANCE, SECTION
12.15.150, ESTABLISHING A PROCEDURE FOR DETERMINING A SPECIFIC
AMORTIZATION PERIOD FOR NONCONFORMING BUSINESS, COMMERCIAL OR
INDUSTRIAL USES IN RESIDENTIAL ZONES, IN ACCORDANCE WITH PLAN-
NING.COMMISSION FILE NO. ZO-6-70.
WHEREAS, the Planning Commission of the City of
Edmonds, pursuant to proper notice and publication, held
public hearings on a proposed amendment to the.Official Zoning
Ordinance, Section 12.15.140, establishing a procedure for deter-
mining a specific amortization period for non -conforming business;
commercial or industrial uses in residential zones; and,
WHEREAS, having made the.findings set forth in Exhibit
"A" attached hereto, the Planning Commission determined that the
above -named ordinance should be amended.as explained in the attach-
ment labelled Exhibit "B" attached hereto; now, therefore,
BE IT RESOLVED by the.Planning Commission that recom-
mendation be and the same hereby is made to the City Council of
the.City of Edmonds that the proposed change be approved.
DATED as of the 17th day of February, 1971.
/. I , em.
XA
Chairman, Edmonds Planning Commission
Edmonds City Planner
File No.: ZO-6-70
Initial Request by: Mr. E. C. Collier
Dates of Hearing: December 16; January 20, February 17, 1971
Recommendation: Approval to a modification of theapplicant's request.
P. C. Resolution No. 352
EXHIBIT '.`A"
The.Zoning Ordinance presently requires that non -conforming
business and industrial uses'in residential zones be removed
within 15 years after the adoption of the zoning ordinance
(1964).
Some of'these uses may involve a major personal investment
on the.part of the -.Owner and the.requirement for removal
after 15 years may impose a severe hardship on them. A pro-
cedure is needed.to provide a more fair treatment to owners
of such non -conforming uses. The proposal adopted.by the
Planning Commission establishes such a procedure whereby
owners may apply for a city determination on the.amortiza-
tion period of a specific use.
P.C. Resolution No. 352
EXHIBIT "B"
Within one year after the adoption of this amendment, the
Building Official shall make'his best effort to notify the
owners of such non -conforming uses or buildings about the
provisions of this amendment. Within one year after such
notification, the owner may apply to the.City for a deter-
mination of a specific amortization period for his use or
building. The.application fee for this action shall be
$300.00. Upon the filing of the.application, the Planning
Department shall employ a qualified, independent consultant
to aid the Planning Commission in the determination of
whether or not the.15 year period will allow a reasonable
return on the owner's investment. If it is determined that
a longer period is necessary to amortize the.owner's invest-
ment, the exact number of years in excess of the 15 years shall
be specified'by the.Planning Commission. The.determination of
the specific amortization period shall include a consideration
of the.significance of the.hardship upon the property owner or
user and the.benefit which the.public may derive from the.ter-
mination of the.use for building. If the property owner or
other interested person is unwilling to accept the Planning
Commission's determination, he.may appeal the same to the City
Council within 10 'days after the final public hearing before
the Planning Commission. The.procedures for hearing before
the.Planning Commission and the.City Council shall be those
specified by Section 12.16.170 as in the case of an amendment
to the Official Zoning Ordinance.
*Language used by State Supreme Court in Seattle V. Martin
54 Wn.2d 541,544.