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1003 SPRAGUE ST (2).pdfO ov 0 i EXHIBIT` 2 DATE C1 I 6 CITY OF EDI.10?IDS I.1.l' ,00 HEARING EXAMI.1717R RECT APPLICATION FOR VARIANCE APO'S ✓ � 1 HEARING DATE: APPLICANT I !►0 r 111 O1� ADDRESS_ /00.3 -S�'-a a % S CITY & ZIP ( IOC -(PruOUe- HddS PHONE INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY d vvvi� Y LOCATION OR ADDRESS OF PROPER' LEGAL DESCRIPTION OF PROPERTY ock y3 to w VARIANCE REQUESTED: FOR OFFICE USE ONLY: USE ZONE: ZONING ORDINANCE REQUIREMENT: ZO' g RCO ALc Xbd,6A , Release/Hold Harmless Agreement The undersigned applicant, his heirs and assigns, in consideration for the City processing the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages and/or claims for damages, including reasonable attorneys' fees, arising from any action or inaction is based in whole or in part upon false, misleading or incomplete information furnished by the applicant, his agents or employees. Permission to Enter Subject Property The undersigned applicant grants his, her or its permission for public officials and the staff of the City of Edmonds to enter.the subject property for the purpose of inspection and posting attendant to this application. I Signature of Applicant, Uwner or Representative 1 2 DECLARATIONS OF APPLICANT Please answer all questions What are the physical characteristics, (i.e. topography, shape of lot, etc.) which create a hardship for you in regard to development of your property? V4—; �/ 21/ 9,U. �t 2 cL C ry /• v,�I1�c c -vPE t2lGal�ttiQ .�ftLL�C- i A . Ui 'Ui L tc ni a "' " V An ��-����¢� How does your'propert� differ from other property in the am j-kaa� ptc2/u,t,� vicinity? !� 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? 5 Can you make reasonable use of your property without the variance? 1 t ( :tober 12, 1986 We, the neighbors of Alice Thornton, who resides at 1003 Sprague Street, have no objection to her plans for the carport she described to us. We are aware that she has applied to the city of Edmonds for a variance for the carport. ' �.. Q.. t - �,-- ............1..� . �..1t ..S hil- ile- � ... .............. .. iVa7.:':':'�....��. 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G�� �(e )lu 2 sa e is L /G� lL•' c r, ce 1J "l�cw' S c'�z�c.L/��f�c �c. ,o.e Qi 1 i F ADJACENT PROPERTY OWNER LIST PLEASE LIST ALL STREET ADDRESSES OF RESIDENTS OF PROPERTY WITHIN SO FEET OF THE PROPERTY LINES OF THE SITE, ALSO LIST NAMES AND MAILING ADDRESSES OF OWNERS OF THESE SAME PROPERTIES, (THIS INFORMATION MAY BE OBTAINED FROM THE COUNTY ASSESSOR'S OFFICE, IF A BANK IS LISTED AS OWNER, PLEASE INCLUDE LOAN NUMBER NEXT TO INDIVIDUAL IS NAME,) 957 Sprague St. 1007 Sprague St. 1019 Sprague St. 1004 Sprague St. empty lot - Owner is Nace (Next to 1004 Sprague) 1006 Daley St. 1010 Daley St. 1003 Daley St. 957 Sprague - Curtis, Chester B. 860 Alder St. Edmonds,Wa. 98020 1007 Sprague St. - Salmon, Gayle D. 20418 92nd Ave. W. Edmonds,Wa. 98020 1019 Sprague St. - Lomas & Nettleton Co. Millis, Alvin D. - 0746-43547 P.O. Box 660722 Dallas, TX. 75266 1004 Sprague St. - Anderson, Harold A. 1101 2nd Ave. Seattle Wa. 98101 empty lot - Stephen Fern Nace 1204 N.W. Woodbine Way Seattle, Wa. 98177 1010 Daley - Conran, Mary Jane Boa: 217 1003 Daley - Reardon, Robert L. Edmonds, Wa. 98020 425 Pike St. Seattle Wa. 98101 1016 Daley - Ross, Fred K. P.O. Box 1420 Portland, OR. 97207 Alice Thornton Gayle & Millicent Salmon 1003 Sprague Street 20418-92nd Avenue W. Edmonds, WA 98020 Edmonds, WA 98020 Wash. Mutual Say. Bank Resident/Owner Anderson, Harold A. 1007 Sprague St. #010080170258 Edmonds, WA 98020 1101 2nd Avenue Seattle, WA 9.8101 Harold Anderson/Resident Lomas & Nettleton Co. 1004 Sprague Street Millis, Alvin D. Edmonds, WA 98020 #0746-43547 P.O. Box 660722 Dallas., TX 75266 Stephen Fern Nace Alvin Millis/Resident 1204 N.W. Woodbine Way 1019 Sprague Street Seattle, WA 98177 Edmonds, WA 98020 Buford H. Stalker/Resident Wash. Federal S&L 958 Sprague Street Reardon, Robert L. Edmonds, WA 98020 #90-027-14891-6 425 Pike Street Seattle, WA 98101 Robert & Shirley B•lackbourn Robert Reardon/Resident 958 Daley Street 1004 Daley Street Edmonds, WA 98020 Edmonds, WA 98020 Chester & Dolores Curtis Mary Jane Conran 860 Alder Street P.O. Box 217 Edmonds, WA 98020 Edmonds, WA 98020 Resident/Owner Resident/Owner 957 Sprague Street 1010 Daley Street Edmonds, WA 98020 Edmonds, WA 98020 Commonwealth Western Mort. Fred Ross/Resident Ross, Fred K. #0922460 1016 Daley Street P.O. Box 1420 Edmonds, WA 98020 Portland, OR 9.7207 v ZC1,Z 1 SEP2619.86 _.. City of E—EMI YS rr - INTER -OFFICE CORRESPONDENCE Bobby :Mills - P.W. r� „? r'S Gary McComas. Fire Marshal Dan Hauth - Engineering Duane Bowman - Planning FROM DATE 9/25/86 7(Tith/Jerry SUBJECT V-29-86 VARIANCE TO REDUCE STREET SETBACK FROM REQUIRED 20' TO 14' FOR CARPORT AT 1003 SPRAGUE STREET (RS-6). i HEARING DATE: OCTOBER 16, 1986. PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN OCTOBER 7, 1986. THANKS. /� q if i r - I I CITY OF EDMONDS THE R � WING`5'e //-- WILL HOLD A PUBLIC HEARING UfY V�TDiz I� 19(Q�, ON THE FOLLOWING APPLICATION: FILE NO. V- Me' 06 PROPERTY ADDRESS AND LOCATION 166"S S ` lef6XV( i ZONE DISTRICT THE HEARING WILL BEGIN AT ` • w `• -M., IN THE PLAZA MEETING ROOM, LIBRARY BUILDING, 650 MAIN STREET, EDMONDS, WASHINGTON. IF YOU WISH TO COMMENT ON THIS PROPOSAL, YOU MAY COME TO THE HEARING AND SPEAK. YOU MAY ALSO WRITE A LETTER STATING YOUR VIEWS WHICH WILL BE CONSIDERED AT THE HEARING. PLEASE ADDRESS THE LETTER TO THE PLANNING DEPARTMENT AND INCLUDE THE ABOVE FILE NUMBER. IF THE ITEM IS CONTINUED TO ANOTHER HEARING BECAUSE THE AGENDA IS NOT COMPLETED, OR FURTHER INFORMATION IS NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED ONLY AT THE MEETING. ADDITIONAL INFORMATION MAY BE OBTAINED AT THE PLANNING DEPARTMENT, 250 FIFTH AVENUE NORTH, EDMONDS (PHONE 771.3202, EXTENSION 252). THE REMOVAL, MUTILATION, DESTRUCTION, OR CNCEWARNING[ OP THE AH HEARING IS LMENT OF THIS MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTER()C-110502- ((or e STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) Leigh Francis and says: AFFIDAVIT OF POSTER That on the 3rd day of being first duly sworn, on oath, deposes October 19 86 the attached Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, in the Frances Anderson Center and Civic Center, and where applicable on or near the subject property. Signed �liLz�/ ���.°L�'L'GL./7..1 . Subscribed and sworn to before me this —3 day of �'- Vie.) , Notary Public in and for the State of Washington. Residing at MY COMMISSION EXPIRES 6.16.89. , AFFIDAVIT OF MAILING STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) Susan Painter deposesand says: FILE N0. V-29-86 A.PPLICA.NTAlice Thornton eing first duly sworn, on oath That on the 3rd day of October ,19 86 , the attached Notice of Public Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Signed 4.tcya,,,- Pa(nVL) Subscribed and sworn to before me this 0,1t4 day of 19ff'('0� . Notary Public in and for the State of Washington. Residing at MY COMM OISSN EXPIRES 6.16.89. 6"J1 Jpp represent a 12LCOMhg�DAT2ON: It t it does in is the ecOnnendation of the staffonform to the review that crite is of C pterr 20 85,10 EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: v-29-86 HEARING DATE: October 16, 1986 I. REQUESTED ACTION: Variance to reduce the required 20' street setback to 14' to allow for the construction of a carport at 1003 Sprague Street, Edmonds. II. APPLICANT/OWNER: Alice Thornton 1003 Sprague Street Edmonds, WA 98020 III. LEGAL DESCRIPTION: See Exhibit 2 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surrounding Area The subject property is located on the northeast corner of the intersection of loth Ave. N. and Sprague Street. There is an existing residence located on the property, as shown in Exhibit 3. The lot contains 9,000 square feet. The Applicant desires to build a carport onto the southern side of the existing residence. Because the house is located too close to the Sprague right-of-way, a variance is needed. Surrounding development is entirely single family residential. B. Official Street Map Proposed R/W Existing R/W West - 10th Ave. N. South - Sprague St. t 60' 60' 60' 60' +rtI'vs�4'"4 -4 r., } Staff Report V-29-86 C. Conformance to Chapter 20.85.010 1. Special Circumstances Page 2 Special circumstances do appear to exist in this particular case. The lot is a corner lot, with a grade separation and rockery along loth Ave. N. Further, the logical place to construct a carport is in the location proposed by the applicant. 2. Special Privilege The proposed variance does not appear to represent a grant of special privilege. The two neighboring homes to the east appear to have similar street setbacks as that proposed by the applicant. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property and surrounding area as Low Density Residential. The proposed variance, does not appear to conflict with the purposes of the Comprehensive Plan. 4, zoning Ordinance The subject property, as well as the surrounding area, is zoned RS-6. The proposed variance does not appear to conflict with the purposes of the zoning ordinance and the RS-6 zone district. 5. Not Detrimental The proposed variance does not appear to pose any significant impact to the public or to any near by private property or improvement. 6. Minimum Variance The requested variance does appear to represent a minimum variance request. V. STAFF RECOMMENDATION: It is the recommendation of the staff that V-29-86 be approved, in that it does conform to the review criteria of Chapter 20.85.10 m k CITY OF EOMONOS blh AVL N • I-I)MONDS, WASHINGTON 98020.12061 171 3202 NEARING EXAMINER FINDINGS AND DECISION OF THE HEARING IIXAN11NER OF THE C I:'f Y OF EDMONDS LAHRY S NAUGIiTEN IN THE MATTER OF THE APPLICATION Of IP f.M.: V-29--81i ALICE THORNTON FOR APPROVAL OF A VARIANCE DECrSLON: The variance is granted subject to the conditions listed. INTRODUCTION Alice Thornton, 1003 Sprague Street, Edmonds, Washington, 98020, and hereinafter referred to as Applicant, has requested approval of a variance for a reduced street setback on property located at•. 1003 Sprague Street:, Edmonds, Washington, and more par.ti.cularl.y described as: The West 1/2 of Got 38 plus all of lots 39 and 40, Block 43, Together with the South 1/2 of that portion of vacated alley adjoining on the North which attached thereto by operation of law, in Snohomisn County, State of Washington. A hearing on the request was held before the Hearing Examiner of the City of Edmonds, Washington, on October 1.6, 1986. At the hearing the following presented testimony and evidence: Duane Bowman Planning Dept. City of Edmonds Edmonds, WA 98020 Anne Marie Langford 1016 Daley St. Edmonds, WA 98020 Buford Stalker 958 Sprague Edmonds, WA 98020 e Alice Thornton 1003 Sprague St. Edmonds, WA 98020 Dolores Curtis 860 Alder St. Edmonds, WA 98020 HEARING EXAMINEI: (E: 29-86 At the hearing the following exhibits were submitted and admitted as part of the official record of this proceeding: Exhibit 1 - Staff Report 2 - Application 3 - Site Plan " 4 - Vicinity Map 5 - Petition in Support of Application After due consideration of the evidence presented by the Appli- cant; evidence elicited during the public hearing; and, as a result of the personal inspection of the subject property and surrounding areas by the Bearing Examiner, the following Findings of Pact and Conclusions constitute the basis of the decision of: the Hearing Examiner. FINDINGS OF FACT 1. The application is for the approval of a variance to reduce the required 20-foot street setback on property located at 1003 Sprague Street, Edmonds, Washington. (Staff report.) 2. The subject property is zoned RS-6. Edmonds Com- munity Development Code (ECDC) 16.20.030 establishes the minimum street setback for RS-6 zoned property as 20 feet. The Applicant seeks a variance from this standard to allow a 14-foot setback in order to construct a carport on the subject property., (Bowman testimony.) 3. The subject property is located on the northeast corner of the intersection of loth Avenue North and Sprague Street. Located on site is a residence that is approximately 35 years old. (Thornton testimony.) 4. It is the intent of the Applicant to build a carport on the side of the existing property. The Applicant has requested a variance in order to construct the same. 5. In order for a variance to be granted within the City of Edmonds the criteria as set forth in ECDC Section 20.85.010 must be satisfied. These criteria include: A. Because of special circumstances relating to the pro- perty, 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. B. The appoval 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. !IPM J 0 HEARING EXAMINEL RE: \ 29-86 C. The approval of the variance will be consistent- with the Comprehensive Plan of the City of Edmonds. D. The approval of the variance will be consistent with the purposes of the zoning ordinance and the zone district in which the property is located. E. 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. The requested variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning. (ECDC.) 6. The subject property .is a corner lot. There .is a severe grade separation on the west side of• the property. The only logical place to construct a carport is in the location as proposed by the Applicant. (Bowman testimony.) 7. Other properties in the vicinity have similar street setbacks as proposed by the Applicant. The granting of the variance will not be the grant of a special privilege. (Staff report.) 8. The Comprehensive Policy Plan Map designates the subject - property as Low Density Residential. (Staff report.) 9. The requested variance will not impact other property owners' views, nor impact other private properties or improvements in the vicinity. (Thornton testimony.) 10. The Planning Department of the City of Edmonds has recom- mended approval of the variance. 11. A witness (Curtis) testified to be in support of the variance for the carport, but requested that the structure be of a design similar to other structures in the vicinity. (Curtis testimony.) 12. A witness (Stalker) testified to be in opposition to the variance. The witness submitted that the development of - the carport would be detrimental to his property. Further, the witness submitted that the carport would be a detraction in the neighborhood and impact views. (Stalker testimony.) 13. A witness (Langford) questioned whether the carport would block any views. According to the Applicant, the only view that would be blocked would be the view of her entrance from the property immediately south of her property. (Langford testimony.) -3- 0 MW CONCLUSIONS 1. The application is for the approval of a variance to reduce the required street setback on property located at 1003 Sprague Street, Edmonds, Washington. 2. The criteria for the granting of a variance as set forth in ECDC Section 20.85.0.10 have been reviewed. The application satisfies these criteria. 3. Because of the severe grade on the west end of the property and the rockery that is located on the western border of: the property, the only logical place to construct a carport is in the southern portion of the site. The grade and rockery do create special circumstances for the granting of a variance. 4. Other property owners have similar street setbacks to that as requested by the Applicant. The granting of a variance will not be the grant of a special privilege to the Applicant. 5. The requested variance does not conflict with the purposes of the Comprehensive Policy Plan of the City of Edmonds. 6. The requested variance is consistent with RS-6 zoning and the purposes of the zoning ordinances. 7. The requested variance will not be detrimental to other private properties in the vicinity. 8. The requested variance is the minimum variance request. DECISION Based upon the preceding Findings of Fact and Conclusions; the testimony and evidence submitted at the public hearing; and, upon the impressions of the Hearing Examiner at a site view, it is hereby ordered that the requested variance for a reduced street setback on property located at 1003 Sprague Street, Edmonds, Washington, is granted subject to the following conditions: 1. The 20-foot street setback is reduced to a 14-foot street setback. 2. The Applicant must submit- to the Planning Department the exact dimensions of the carport. 3. The carport shall be limited to a one -car parking area. 4. The carport shall be of a design that is similar to an Arbor style or a greenhouse style. 5. The variance is for the addition of a carport. It is not for the construction of a garage. -4- HEARING EXAMINE' 'tE: 29-86 Entered this 7th day of November, 1986, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. �ES M. DRISCOL ring Examiner NOTICE OF RIGHT TO APPEAL Written appeals alleging specific error of fact or other grounds for appeal may be filed with the Planning Department, City of Edmonds, Civic Center, Edmonds, Washington, 98020, within fourteen days of the date of the Hearing Examiner's final action. In this matter any appeal must be received by the Department prior to 5:00 p.m. on November 211 1986. -5- 0 CITY OF EDMONDS 250 51h AVE. N. • EDMONDS. WASHINGION 96020 • (206) 771.3202 HEARING EXAMINER FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION OF ALICE THORNTON FOR APPROVAL OF A VARIANCE RLt ,LIVED NOV 1_?' 1986 LARRY S. NAUGHTEN CITY OF EDMONDS FILE: V-29-86 Because the mailing of the Findings and Decision of the hearing Examiner of the City of Edmonds was delayed until November 10, 1986, the period of time allowed for appeal of the decision of the Hearing Examiner is extended to November 24, 1986, rather than November 21, 1.986, as set forth in the decision. DATED this -LIZ day of No mb r, 1986. Hea ing Examiner e