1016 DALEY ST (2).pdfCITY OF EDMONDS
HEARING EXAMINER
APPLICATION FOR VARIANCE
APPLICANT 1APyz%c,&) v2e>6:�=,
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DATE
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APO'S HEARING DATE: to 77 x�,sE5
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CITY & ZIP amow-6, Q A 1 7%62-0 PHONE 7 73 - i 6Z 4t
INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY QWMUZ
LOCATION OR ADDRESS OF PROPERTY 101& -DAL-6%-e t5-r2eZ-r
LEGAL DESCRIPTION OF PROPERTY Lm-5 5 mo & ) '130cx 4S , A-A-r of
-We crry of: Ebmomb6 i -rOC-eTHE51Z Wl-r" THE 009M3 VS OF IME
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VARIANCE REQUESTED: VF-bUCZ -rHC- 96(polvZ60 -G-rVz01=1r 661r6w-le-
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FOR OFFICE USE ONLY: USE ZONE:.VCS-60
ZONING ORDINANCE REQUIREMENT: —rww-r-y r-oo-r �6kyLE. + -6F--reAGr-
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 Dublic
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.
Signature of Applicant, Owner or
Representative
DECLARATIONS OF APPLICANT
Please answer all questions
1. 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?
2. How does your property differ from other property in the same
vicinity?
74
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?
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5. Can you make reasonable use of your property without the variance?
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ADJACENT PROPERTY''OWNER
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City of Edmonds
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Edmonds,98020,Wa�
Attention of Hearing Examiner:
We the neighbors of Mrs iiarion K. Ross who
lives at
1016 Daley Street,Edmonds,Wa have no objection
to
her building a single space carport in the
cemented
area they poured years ago for off street
parking.
Name hone
Address
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HIS :'PACKET�MAILEDTO HEARING EXAM,INER� -"'
10/13/0$
EXHIBIT LIST
FILE #V-13-83.
1)
Staff Report
2)
Application and: Declarations
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3)
Vicinity Map
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4);
' Assessor's Map
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5)
Carport/Deck Plan
6)
..Petition of Support,
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EXHIBIT' 1
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STAFF REPORT TO THE HEARING EXAMINER
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FILE #V-13-83
HEARING DATE: OCTOBER 20, 1983
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I.. REQUESTED ACTION:
Variance to reduce the required street setback from 20' to 11'.for
a carport/deck at 1016 Daley Street.
II. APPLICANT/OWNER:
Marion Ross
1016 Daley Street
Edmonds, WA 98020
III. LEGAL DESCRIPTION:
Lots 5 and 6, Block 43, Plat of the City of Edmonds, together with
the North one-half of the vacated alley.
IV. STAFF FINDINGS AND CONCLUSIONS:
A. Description of the Subject Property and Surrounding -Area
The subject property contains approximately 7,050 square feet .
of area. There is an existing house and shed on the, property.
The area proposed for the carport/deck is located in the north-
east of the Tot. It is a paved area recessed below the lawn
and house. Two retaining walls border the area on the south
and west.
B. Official Street. Map Proposed R/W Existing R/W
Daley Street 60' 60'
C rnnfnrmanra to Sartinn 9n_R5-(nin
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Staff Report to the Hearing Examiner
Exhibit 1/File #V-13-83
Page 2
2. Special Privilege
Other properties in the vicinity have garages or the po-
tential for covered parking, while the subject property,
does not. The granting of the variance should not result
in the grant of special privilege.
3. Comprehensive Plan
The Comprehensive Policy Plan Map designates the subject
property 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 and surrounding area are zoned RS=6.
The proposed variance does not appear to conflict with the
purposes of the Zoning Ordinance or the RS-6 zone.
5. Not Detrimental
The granting of the requested variance should not be sub-
stantially detrimental to the public nor to nearby private
property or improvements.
6, Minimum Variance
The variance request appears to be a minimum request. The
applicant seeks a carport to cover only a single car.
V. STAFF RECOMMENDATION;
It is the recommendation of the staff that V-13-83 be approved.
The addition of the carport will allow the applicant a single,
covered parking space. Utilizing the top of the carport as a deck
can be seen as an efficient use of space and should not lessen the
privacy of the immediate neighbors.
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10/10/83
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FINDINGS AND DECISION
OF THE HEARING EXAMINER OF THE
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CITY OF EDMONDS
IN THE MATTER OF THE APPLICATION FILE: V-13-83
OF MARION ROSS FOR APPROVAL OF A
VARIANCE
DECISION: The application is granted subject
to the conditions listed.
INTRODUCTION
Marion Ross, 1016 Daley Street, Edmonds, Washington 98020`, and
hereinafter referred to as Applicant, has requested.approval of
a variance to reduce the required street setback from 20 feet to
11 feet for a carport/deck on property located at 1016 Daley St'.,
Edmonds, Washington, and more particularly described as:
Lots 5 and 6, Block 43, Plat of the City ,of
Edmonds, together with the North one-half of
the vacated alley.
A hearing on the request was held before the Hearing Examiner
of the City of Edmonds on October 20, 1983.
The following presented testimony at the public hearing:
Duane Bowman Marion Ross
Planning Department 1016 Daley Street
City of Edmonds Edmonds, WA 98020
Edmonds, WA 98020
The following exhibits were presented at the public hearing and
admitted as part of the record:
Exhibit 1 - Staff Report
" 2 - Application and Declarations
" 3 - Vicinity Map
" 4 - Assessor's Map
" 5 - Carport/Deck Plan
6 — Petition of Support from neighbors
After due consideration of the evidence presented by the Applicant;
evidence elicited during the public hearing; and, as a result of
the personal inspection of the subject property and surrounding
areas by the Hearing Examiner, the following findings of fact and
conclusions constitute the basis of the decision of the Hearing
Examiner.
FINDINGS OF FACT
Findings and Decis,,n of the
Hearing Examiner of the City of Edmonds
Re: V-13-83
Page 2
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described as set forth above.
More specifically the Applicant has requested a'variance from,'
the street setback for the purpose of constructing a carport:;
and deck at the residence where she resides.
Daley Street is an established, older street within the City,
of Edmonds and has limited parking.
The subject property consists of approximately 7,050 square feet
of area. On the subject property is an existing house and shed.
The Applicant lives in the house.
It is the intent of the Applicant to develop the northeastern
portion of the lot with a carport and deck.. Currently this
portion of the property is a paved area that is recessed
below the lawn and the house. It is the intent of the Ap-
plicant to develop this portion with the construction of a
ll
carport/deck as shown on Exhibit 5 which is attached hereto.
The subject property is zoned RS-6 and has a Comprehensive
Policy Plan Map designation of low -density residential.
In order for a variance to be granted within the City of
Edmonds the criteria as listed in Section 20.85.010 of the
Edmonds Community Development Code must be met. The criteria
are
A. Special circumstances must be shown to exist for the
granting of the variance;
B. The granting of the variance must not be a special
privilege granted to the Applicant
C. The requested variance must be consistent with the
Comprehensive Plan of the City of Edmonds;
D. The requested variance must be consistent and not
conflict with the purposes of the zoning ordinances
of the City of Edmonds;
E. The requested variance must not be significantly
detrimental to the public health, safety or welfare,
nor be detrimental to the adjacent properties; and,
F. The requested variance must be the minimum necessary
to develop the property in a reasonable manner.
Special circumstances exist on the subject property necessitat-
ing the location of the proposed carport as proposed. The
topography of the lot slopes in a manner that is prohibitive
in providing access to the property from the rear and is also
somewhat prohibitive in providing access to the.property from
Daley Street, The location of the proposed carport/deck is
the logical place on the subject property.
Findings and Decision of they
Hearing. Examiner of the City of Edmonds s3
k
Re: V-13-83 <„
Page 3 g%
9. Other properties in the area have carports and decks. The'
granting of the variance would not result in the granting of`;
a special privilege.
10. The requested variance will not be in conflict with the
Comprehensive Plan of the City of Edmonds or will` not be in, j
conflict with the zoning laws of the City of Edmonds.
11. The Applicant has submitted a petition from the adjoining
property owners and other neighbors stating that the variance
as requested will not be detrimental to other properties or,
improvements in the vicinity.
12. The requested variance is the minimum necessary. The Ap-
plicant intends -to construct a carport for only one vehicle.
13. The Planning Department of the City of Edmonds has recommended
approval of the variance.
14. The Applicant testified that she is in agreement with the
recommendation of the Planning Department. It is 'her intent
to use the carport as protection for her vehicle and to use
the top of the carport as a deck which provides more effective
use of space.
15. No adverse testimony was received at the public hearing.
CONCLUSIONS
1. The application is for the approval of a variance to reduce
the required street setback at 1016 Daley.Street,,Edmonds,'
Washington, and more particularly described as set forth
above.
2. The property is zoned RS-6. For RS-6 zoned property the
street setback is 20 feet. The Applicant has requested an
11-foot street setback.
3. The proposed application conforms with the criteria as set
forth in Section 20.85.010 of the Edmonds Community Develop-
ment Code.
4. Special circumstances exist on the subject property necessi-
tating the granting of a variance. Special circumstances
include the topography of the property and its limitations,
for development.
Findings and Decisi .1 of the
Hearing Examiner of the City of Edmonds
Re: V-13-83
Page 4
7. The requested variance is consistent with the Comprehensive ,y
Plan of the City of Edmonds and the zoning ordinances of the 4<
City of Edmonds and in particular RS-6'zones.
8. The requested variance is the minimum necessary to properly
develop the subject property.
9. The Planning Department of the City of Edmonds has recommended
approval of the variance subject to no conditions.
10. No adverse testimony was received in this matter.,
DECISION
Based, upon the findings and conclusions, the testimony"submitted;at
the public hearing, and upon a site view made by the Hearing Examiner,
the requested variance is granted. The specific variance ,is to re-
duce the required street setback from 20 feet to 11 feet for the
purpose of constructing a carport and,deck -at 1016 Daley Street;;
Edmonds, Washington.
The variance is granted subject to the following conditions:
1. The Applicant is to comply with all building.eodes of the
City of Edmonds.
2. The variance is granted for the construction of a carport/deck.
Done and dated this 31st day of October, 1983, pursuant to the
authority granted the. Hearing Examiner under Chapter_'20.100 of
the Community Development Code of the City of Edmonds.
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
(14) days of the date of the Hearing Examiner's final action.
Tn +him Anv AnnpAi mica+ hp rgrmnivimrl by +ha ilaraar+mAn+ nrinr
THE HEARING EXAMINER WILL HOLD A PUBLIC HEARING
THURSDAY, OCTOBER 20, 19 83 ON THE FOLLOWING APPLICATION:
FILE NO.V-13-83
VARIANCE TO REDUCE THE REQUIRED STREET SETBACK FROM 20' TO 11.'
FOR A CARPORT/DECK,
PROPERTY ADDRESS AND LOCATION 101_6 DALEY STREET
ZONE DISTRICT RS-6
THE HEARING WILL BEGIN AT 7:30 P.M., 1N 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. 1
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 t
AT THE MEETING. s
ADDITIONAL INFORMATION MAY BE OBTAINED AT THE PLANNING DEPARTMENT, 250 FIFTH AVENUE
NORTH, EDMONDS (PHONE 771-3202, EXTENSION 252).
THE REMOVAL MUTILATION, DESTRUCTION, OR
WA'a R No I N G"' CONCEALMENT OF THIS NOTICE BEFORE THE DATE
IN OF THE HEARING IS A MISDEMEANOR PUNISHABLE
BY FINE AND IMPRISONMENT. `
THI,S NOTICE MAY BE REMOVED AFTER OCTOBER 20, 1983
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FILE NO. V-13-83
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APPLICANT Marion Ross
}
AFFIDAVIT OF POSTER
STATE OF WASHINGTON }
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4
COUNTY OF SNOHOMISH )
{
Duane V. Bowman
being first duly sworn on oath, deposes..
Q
and says:
That on the 7th day of
October 1983 th'e 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 9L
Subscribed and sworn to before me this
// day ofU�L.
Notary_Public in and for the State of
Washington.
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Residing at
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FILE NO. V-13 83
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APPLICANT Maraan Ross
AFFIDAVIT
OF MAILING
STATE OF WASHINGTON }
}
ss.
COUNTY OF SNOHOMISH )
Teresa S. Quigley
being first duly sworn,"an oath
deposes and says:
That on the 7th
day of '
October ,19 83 ,the attached
s,
Notice of Public Hearing
was mailed
as required to adjacent property owners,
the names of which were
provided by
the applicant.
SignedQ
t
Subscribed and sworn to
before 'me this IJ day of
19.
Notary Public in and for the
State of Washington.'
Residing at L41?2-e�'a�.,Q`�'
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